MARCH 24, 1986 MINUTES
"WORLD'S LARGEST RESORT CITY"
crry COUIVCIL
MAYOR HAJ?OLD MSCHORER. A@ L-9,
VICE-MAYOR REI?A S. M@CLANAV. A- B-gh
JOH,V A. BAUV. Bi-k-l- B-gh
NA,VCY A. CREECH, Al L-9.
ROBERT E. FEN77WSS V,,@ B..h B-gh
BARBARA M HEIVLEY. P..g- B-gh
H. JACK JENNINGS, JR.. L".m... B-gh
LOUIS R. JOVES, B.Y.W- a-gh
ROBFRTG. JONES. Al L.,g@
J HENRY MCOY, JR.. K,.P-@ B-gh
MEYE,RA E. ORFRNDORF. At L."@ 28i CrrY HALL BUILDR.VG
MUNICrPAL CENTER
RUTH HODGES SMNW. CMC, C@ly Cl-k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 PM
[8041427 4303
M,qrcli 24, 1986
Virginia Beach City Council
llrrm I. MEETING OF VIRGINIA BEACH CITI COUNCIL Conference Room - 6:00 PM
A. CALL TO ORDER - Mayor flarold Ileiseliober
l@. ROLL CALL 01@' COUNCIL
C. MOTION TO RECESS 1,@'ro ll',XL(@urivi, si,@IsSION
IfEm ii. FLEGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7:00 PM
A. INVOCATION: Rov,@ron(i Davi(i S. Whiteliurst
Gr,at@?r Mt . Si,,izii Bal3t!st Cliurcii
B. PLEDGE OF ALLEG@CE TO 'PliE FLAG OF T14F UNITED S'FATES OF
AMEItICA
C. ELECTRONLC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTI@TIVI.1' ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DTSCUSSFON OF Pl@'l@TLr4F@@N'r MAr'Ci@IRS
F. MINUTES
1. Mo-ioi t@, accel)t/approve the Minutes of Harc,li 17, 198(@.
G. PLANNING - DEFERRALS
1. Application of Great Neck Village Associates, a General
Partnership for a cliaige of zonLM from B-2 Community-
Businoss District to A-2 Apartment District located 710
feet (,.,ist oF Nortli Great Neck Road, 600 feet soutli of Mill
D,im Road (Lynnliaven Borougli).
Recommendation: APPROVAL
DEFERRED February 10, 1986
2. Ordinance for the discontinuance, closure and aban(lonment
of portions of Jade Street and Cape Henry Drive in the
petition of Jade Street Associates (Lynnhaven Borough).
Recommendation: DENIAL
DEFERRED January 13, and February 18, 1986
H. PLANNING - RECONSIDERATION
1. Application of R. Larry Turner, President, Turner and
Associates for a conditional use permit for a day care
center located at the west side of General Booth Boulevard
(Princess Anne Borough).
Recommendation: APPROVAL
DENIED February 3, 1986
I. PLANNING
1. Application of Beachtown Realty Corporation, t/a Beachtown
Builders for a change of zon@ from R-8 Residential
District to B-2 Community-Business District on property
located on the south side of Bonney Road, 327 feet west of
Alicia Drive (Kempsville Borough).
Recommendation: APPROVAL
2. Applications of County View Mobile Court on property
located on the west side of Euclid Road, south of Norfolk
and Southern Railroad (Kempsville Borough):
For a change of zonim from 1-1 Light Industrial District
to B-2 Community-Busi',Iess District;
AND,
Ordinance closing, vacating and discontinuing a portion of
Ohio Avenue;
AND,
For a conditional use permit for gasoline pumps.
Recommendation: APPROVAL
3. Application of Arthur K. Downs for a conditional us('- permit
for an auto repair establishment at 5124 Princess Anne Road
(Kempsville Borough).
Recommendation: APPROVAL
4. Application of Dr. Kanak R. Roy for a conditional use
permit for a private club at 810 Kempsville Road.
(Kempsville Borough).
Recommendation: APPROVAL
J. RESOLUTIONS - INDUSTRIAL DEVELA)PMENT REVENUE BONDS
1. Resolutions approving the issuance of Industrial
Development Revenue Bonds:
a. Balboa Associates $9,000,000
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Resolution requesting the Virginia Department of Highways
and Transportation accept various City streets and assume
urban maintenance based on the established rate upon those
streets within the City of Virginia Beach.
2. Ordinance upon SECOND READING to accept and appropriate
funds in the amount of $15,000 for the development of the
Linkhorn Bay Neighborhood Park.
3. Ordinance upon SECOND READING to accept and appropriate
funds in the amount of $20,000 for improvements to the
Great Neck Meadows Park Site.
4. Ordinance upon SECOND READING to accept and appropriate
funds in the amount of $750,000 for the acquisition of a
dredge.
5. Ordinance upon SECOND READING to accept and appropriate
funds in the amount of $151,507 for Project #2-001
Indian Piver Road Box Culvert.
6. Ordinance to auttiorize a temporary encroachment into a
portion of the right-of-way of Rosemont Road to James W.
Hall Associates, its assigns and successors in title.
7. Raffle Permit:
Kingston Elementary School
UNFINISHED BUSINESS
1. TRT Oceanfront Visitor and Travel Center - Option -D-
2. AMEND the HASTER STREET AND HIGHWAY PLAN dated
December 16, 1974, pertaining to the realignment of Ferrell
Parkway and Princess Anne Road north of the Municipal
Center, (real-ignment of Indian River Road and Elbow Road).
Alternative #1 (Hybrid Alignment)
Alternative #2 (Revised Neighborliood Alignment)
NEW BUSINESS
1. AICUZ Presentation:
Mr. Robert J. Scott, Director, Department of Planning
N. RECESS TO APRIL 1, 1986 AT 12:00 NOON
FY 1986-1987 OPERATING BUDGET SCHEDULE
April I Special Session of City Council for
Presentation 12 Noon
April 1-16 City Council's Review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 22 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 29 PUBLIC HEARING - Pavilion
7:00 PM
May 8 Budget Reconciliation Workshop -
Conference Room - 4:00 - 7:00 PM
May 12 PUBLIC HEARING and FIRST READING
of Appropriation Ordinance -
Council Chambers - 2.00 PM
May 15 SECOND READING of Appropriation Ordinance
Council Chambers 12: Noon
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 24, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, March 24, 1986, at 6:00 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
- 2 -
ITEM # 25125
Mayor Heischober entertained a motion to permit Council to conduct its
EXFLWIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or of
plans for the future of an institution which could affect the
value of property owned or desirable for ownership by such
institution.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
March 24, 1986
- 3 -
R E G U L A k S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 24, 1986
7:00 P.M.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, March
24, 1986, at 7:00 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend David S. Whitehurst
Greater Mt. Sinai Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 25126
Councilman Jennings referenced an Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Rosemont Road to James
W. Rall Associates, its assigns and successors in title. (See Item II-K.6
of the Consent Agenda).
Councilman Jennings advised he will ABSTAIN on this item.
- 5 -
Item II-F.A
ITEM # 25127
ANNOUNC@
The Mayor recognized Frank Dell Scountmaster and his Troop 441, Boy Scouts
of America, sponsored by the Church of Jesus Christ of Latter Day Saints.
Scoutmaster Dell and his Troop were in attendance to witness the
proceedings of a Council Meeting to earn their Merit Badges.
6
Item II-F.1
MINUTES ITEM # 25128
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council APPROVED the Minutes of March 17, 1986.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
7
Item II-G.1
PLANNING - DEFERRALS ITEM 25129
Attorney R. J. Nutter represented the applicant, and requested INDEFINITE
DEFERRAL. There are a large number of graves in an unfortunate condition
on this property. The Health Department will investigate this issue.
Ron Makela, represented the Great Neck Association of Civic Leagues and
requested the Civic League be notified in writing thirty (30) days prior
to this applicant's return to Council.
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress,
City Council DEFERRED INDEFINITELY an Ordinance upon application of GREAT
NECK VILLAGE ASSOCIATES, a General Partnership, for a Change of Zoning:
ORDINACE UPON APPLICATION OF GREAT NECK VILLAGE
ASSOCIATES, A GENERAL PARTNERSHIP, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2
Ordinance upon application of Great Neck Village
Associates, a General Partnership, for a Change of
Zoning District Classification from B-2
Community-Business District to A-2 Apartment
Dsitrict on certain property located 710 feet east
of North Great Neck Road beginning at a point 600
feet south of Mill Dam Road as shown on the plat
entitled "Subdivision of Property for Great Neck
Village Shopping Center" on file in the Department
of Planning. Said parcel contains 5.097 acres.
LYNNHAVEN BOROUGH.
The GREAT NECK ASSOCIATION OF CIVIC LEAGUES shall be given a 30-day ADVANCE
NOTICE in writing prior to the date this application returns to Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech and H. Jack Jennings, Jr.
Council Members Absent:
None
8
Item II-G.2
PLANNING - DEFERRALS ITEM 25130
Robert Sutherland, General Partner, represented the applicant and
referenced his letter of March 20, 1986, and a proposed "DECLARATION
OF RESTRICTIONS" enclosed in City Council's AGENDA. In addition
Mr. Sutherland distributed a plat, a revised AGREEMENT to City Council,
as well as a document expressing the views of the Civic League. (Said
documents are hereby made a part of the record).
Alfonso J. Strazzullo, Sand Pine Road Resident, advised they were in
agreement with the proposed "DECLARATION OF RESTRICTIONS"
Memorandum of March 21, 1986, from Assistant City Attorney David Hay
concerning the proposed "DECLARATION OF RESTRICTIONS" is hereby made a part
of the record. This memorandum advised the matters proferred in the
proposed "DECLARATION OF RESTRICTIONS" are private matters between private
property owners and should not be referenced in the STREET CLOSURE
ORDINANCE.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council DEFERRED two weeks until the City Council Meeting of April 7, 1986,
an Ordinance closing, vacating and discontinuing a portion of Jade Street
and Cape Henry Avenue in the petition of JADE STREET ASSOCIATES.
Application of Jade Street Associates for the
discontinuance, closure and abandonment of portions
of Jade Street and Cape Henry Drive as follows:
Jade Street: Beginning at the northern boundary of
Cape Henry Drive and running in a northerly
direction a distance of 168.52 feet along the
eastern boundary.
Cape Henry Drive: Beginning at the southern
boundary of Jade Street and running in a southerly
direction a distance of 25 feet. Said parcels are
60 feet in width and contain 11,415.6 square feet.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
9
Item 11-H.1
PLANNING - RECONSIDERATION ITEM 25131
Tom Willcox, Development Director, Goodman-Segar-Hogan, represented the
applicant and requested WITHDRAWAL of said application.
Sandra Tainter, Red Mill Farms Civic Association, was opposed to
the WITHDRAWAL as the League was strongly opposed to the property
being utilized for anything other than a Church.
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of R. LARRY
TURNER, PRESIDENT, TURNER. & ASSOCIATES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF R. LARRY TURNER,
PRESIDENT, TURNER & ASSOCIATES FOR A CONDITIONAL
USE PERMIT FOR A DAY CARE CENTER
Ordinance upon application of R. Larry Turner,
President, Turner and Associates for a Conditional
Use Permit for a day care center on certain
property located on the west side of General Booth
Boulevard beginning at a point 450 feet more or
less north of Red Mill Boulevard. Said parcel
contains 1.25 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
This Ordinance was previously DENIED by the City Council on February 3,
1986.
On March 3, 1986, City Council AGREED to REOONSIDER this application.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Abstaining:
Louis R. Jones and Robert G. Jones
Council Members Absent:
None
- 10 -
Item II-I.1
PLANNING ITEM # 25132
Attorney Robert Cromwell represented the applicant and distributed a
'.colored" map of the PROPOSED REZONING from R-8 to B-2.
Willis Harold, adjacent resident, spoke in OPPOSITION.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of BEACHTOWNE REALTY CORPORATION T/A
BEACHTOWN BUILDERS (Jerry Collier) for a Change of Zoning:
ORDINANCE UPON APPLICATION OF BEACHTOWNE REALTY
CORPORATION T/A BEACHTOWN BUILDERS, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-8 to B-2
Z03861075
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Beachtowne Realty
Corporation, T/A Beachtown Builders, for a Change
of Zoning District Classification from R-8
Residential District to B-2 Community-Business
District on certain property located on the south
side of Bonney Road, 327 feet west of Alicia Drive.
Said parcel contains 34,848 square feet. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following condition shall be required:
1. "Catagory I" or "Catagory II" Buffering (to be determined by City
Staff) shall be required adjacent to the R-8 Residential
District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fourth day of March, Nineteen Hundred and Eighty-six.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Louis
R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and J.
Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Abstaining:
Nancy A. Creech and H. Jack Jennings, Jr.
Council Members Absent:
Item II-I.2.
PLANNING ITEM 25133
Attorney Edwin Kellam represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilman Louis Jones,
City Council ADOPTED Ordinances upon application of COUNTY VIEW MOBILE
COURT:
ORDINANCE UPON APPLICATION OF COUNTY VIEW MOBILE
COURT FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-1 TO B-2 Z03861076
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of County View Mobile
Court for a Change of Zoning District
Classification from I-I Light Industrial District
to B-2 Community-Business District on certain
property located on the west side of Euclid Road,
75 feet south of Norfolk & Southern Railroad. Said
parcel contains 28,953 square feet. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF COUNTY VIEW MOBILE
COURT FOR A CONDITIONAL USE PERMIT FOR GASOLINE
PUMPS R0386817
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of County View Mobile
Court for a Conditional Use Permit for gasoline
pumps on certain property located on the west side
of Euclid Road beginning at a point 75.53 feet
south of Norfolk & Southern Railroad. Said parcel
contains 1.022 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fourth day of March, Nineteen Hundred and Eighty-six.
A N D,
- 12 -
Item II-1.2b.
PLANNING ITEM # 25133 (Continued)
City Council DEFERRED FINAL APPROVAL for 180 days until the City Council
Meeting of September 22, 1986, of an Ordinance closing, vacating and
discontinuing a portion of Ohio Avenue in the petition of COUNTY VIEW
MOBILE COURT
Application of County View Mobile Court for the
discontinuance, closure and abandonment of a
portion of Ohio Avenue beginnning at a point 75.53
feet south of Southern Bouelvard and running in a
southerly direction a distance of 360 feet more or
less. Said parcel contains 21,606 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A guarantee of continued access to the County View private street
system from Euclid Road.
2. Retention of a 20-foot utility easement over the existing 8-inch
water line.
3. Resubdivision of the property to incorporate the closed area into
the adjoining parcels and to insure that all lots have access to
a public street.
4. The ultimate disposition of this right-of-way shall be by
purchase rather than direct conveyance, subject to determination
by the City Attorney's Office.
5. Closure of this right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of the approval
by City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-i2a -
KLLI,Al-l, PICI(RLLL & L-LLIT
NO@OLK, VIRGINIA 23510-1781 @.R ..... .. @C. .... ESS
.0. .@o.
E....- @3.5.-0206
I.IE .0.
CERTIFICATE OF VESTIN@ OF TITLE
I, Edwin C. Kellam, attorney for Princess Anne Mobile Homes
Incorporated, do hereby certify that:
1. I am an attorney at law and represent Princess Anne
Mobile Homes Incorporated, the petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia )3each,
Virginia, then title to said property will vest in Princess Anne
Mobile Homes Incorporated, it being the owner of the property
surrounding the road to be closed. There is no adjacent
landowner; except the petitioner it owns all the property
surrounding all of the road to be closed, there being no other
adjacent property owner or holder of the underlying fee in said
property.
The said property referred to herein is hereby described as
follows:
Beginning at a point on the Southern side of
Euclid Road (formerly Holland Swamp Road)
which point of beginning is South 051 051
21" West 75.53 feet as measured along the
property line of the property now or
formerly woodrow W. Ford, Jr., from Norfolk
Southern Corporation Right of Way and from
said point of beginning; running thence
South 051 051 21" West 254.34 feet to a
point; thence turning and running along the
arc of a circle the radius of which is 50
- 12b -
Kp,l,@--M, PICKRIILL & I-A'W@EIR
feet the delta of 41- 241 35'- the arc of
which is 36.14 feet the tangent of which is
18.90 feet the chord of which is 35.36 feet
to a point; thence continuing along the arc
of a circle the radius of which is 50 feet
the delta 262* 49' 10- arc of 229.35 feet
the chord of which is 75.00 feet to a point;
thence continuing along the arc of a circle
the radius of which is 50 feet the delta 411
24- 35' the arc of 36.14 feet the tangent of
18.90 feet and the chord of 35.36 feet to a
point; thence running North 05@ 05' 21" East
254.34 feet to the northern property line of
Princess Anne Mobile Homes Incorporated;
thence turning and running North 84* 541 39.
west 50 feet more or less to the point of
beginning.
@DW N C. KE]
- 12 c -
ORDINANCE NO.
IN THE t4ATTER OF CLOSING, VACATING, AND DISCONTINUING
A PORTION OF THAT CERTAIN FIFTY FOOT STREET KNOWN AS
OHIO AVENUE, LOCATED IN THE KEMPSVILLE BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT
CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF
OHIO AVENUE TO BE CLOSED AND VACATED BY THE CITY OF
VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS TO BE
RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN KAP BOOK
AT PAGE
WHEREAS, it appearing by affidavit that proper notice
has been qiven by Princess Anne mobile Homes that it would make
application to the Council of the City of Virqinia Beach,
Virginia on , 1985, to have that
portion of the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION 1
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described portion of Ohio
Avenue be discontinued, closed, and vacated:
Beginninq at a point on the Southern side of
Euclid Road (formerly Holland Swamp Road)
which point of beginninq is South 05* 051
21" West 75.53 feet as measured alonq the
property line of the property now or
formerly Woodrow W. Ford, Jr., from Norfolk
KELLAM, Southern Corporation Right of Way and from
PICKRELL said point of beginning; running thence
& LAWLER south 051 051 211 West 254.34 feet to a
A@OR.EIS A@ -W point; thence turning and running along the
NORFOLK, VA. arc of a circle the radius of which is 50
- 12d -
feet the delta of 41- 241 35- the arc of
which is 36.14 feet the tanqent of which is
18.90 feet the chord of which is 35.36 feet
to a point; thence continuinq along the arc
of a circle the radius of which is 50 feet
the delta 262* 491 1011 arc of 229.35 feet
the chord of which is 75.00 feet to a point;
thence continuinq alonq the arc of a circle
the radius of which is 50 feet the delta 411
241 3511 the arc of 36.14 feet the tanqent of
18.90 feet and the chord of 35.36 feet to a
point; thence runninq North 05@ 05, 21" East
254.34 feet to the northern proPertY line of
Princess Anne Mobile Homes Incorporated;
thence turninq and runninq North 84* 541 39"
west 50 feet more or less to the point of
beqinninq.
Said parcel of land beinq a portion of Ohio Avenue as
indicated on that certain plat of property to be vacated being a
portion of Ohio Avenue, which plat is recorded in the Clerk's
office of the Circuit Court of the City of Virginia Beach,
virginia, in Map Book at paqe and which is made
a part hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virqinia Beach, as qrantor.
SECTION III
KELLAM,
PICKRELL
& LAWLER
A@O..E@S A@ @W
NORFOLK. VA.
I.L. -.
- 13 -
Item II-I.3
PLANNING ITEM # 25134
Arthur K. Downs, the applicant, represented himself and advised he was
requesting to utilize the building known as SEABREEZE MOTORS for auto
repair strickly of an electrical nature.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of ARTHUR K. DOWNS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ARTHUR K. DOWNS FOR A
CONDITIONAL USE PERMIT FOR AN AUTO REPAIR
ESTABLISHMENT R0386817A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Arthur K. Downs for a
Conditional Use Permit for an auto repair
establishment on certain property located on the
north side of Princess Anne Road, 420 feet more or
less east of Kempsville Road. Said parcel is
located at 5124 Princess Anne Road and contains
25,164.75 square feet. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of one (1) year.
2. A privacy fence shall be required along the rear property line.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-fourth day of March, Nineteen Hundred and Eighty-six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
Item II-I.4
PLANNING ITEM # 25135
Dr. Kanak R. Roy, the applicant, represented the Bengali Institute and
presented a plat of the proposed Cultural Center. (Said plat is hereby
made a part of the record).
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council DENIED an Ordinance upon application of DR. KANAK R. ROY for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DR. KANAK R. ROY FOR
A CONDITIONAL USE PERMIT FOR A PRIVATE CLUB
Ordinance upon application of Dr. Kanak R. Roy for
a Conditional Use Permit for a private club on the
east side of Kempsville Road, 503 feet north of
Lobaugh Drive. Said parcel is located at 810
Kempsville Road and contains 37,026 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
- 15 -
Item II-J.1
RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS
ITEM # 25136
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution approving the issuance of Industrial
Development Revenue Bonds:
BALBOA ASSOCIATES $9,000,000
This Resolution had been DEFERRED by City Council on March 17, 1986.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
15a -
4/25/84 EXHIBIT F
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PR04ECT NAME: Balboa Oceanfront Hotel
2. LOCATION: 2401 Atlantic Avenue
Virginia Beach, Virginia 23451
3. DESCRIPTION OF PROJECT: 135 room aceanfront hotel with
restaurant and meeting fa-ci ities
4. AMOUNT OF BOND ISSUE: $9,000,000
5. PRINCIPALS: John C. Rogers
Richard H. Doummar
Vivian Doummar
Ronald Doummar
6. ZONING CLASSIFICATION:
a. Present zoninq
classification of the
Property H-2
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
March 24, 1986
Exhibit D
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
L)ATE: P@bruary 12, 1986
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Balboa Oceaii"ront Hotel
TYPE OF FACILITY: Class A Oceanfront flotel Facility
1. Maximum amount of financing sought $ 9,000,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 1 0 , 0 0 0 , 0 0 0
3. Estimated real property tax per year
using present tax rates $ 80,000
4. Estiipated personal property tax per
year using present tax rates $ 21,000
5. Estimated merchants' capital (business
license) tax per year using present tax (Lodging Tax)
rates $ 176,000
6. Estimated dollar value per year of goods
and services that will be purchased
locally s 1,100,000
7. Estimated number of regular efnployees on 50 full,
year round basis $15 part time
8. Average annual salary per employee $ 10,000
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
By
(-7
March 24, 1986
Economic Impact Statement
1. Amount of investment $ 9,437,500
2. Amount of industrial revenue bond financing
sought $ 9,000,000
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach slo,ooo,ooo
4. Estimated real property tax per year using
present tax rate 80,000
5. Estimated personal property tax 1,000
6. Economic impact statement demonstrating the
overall return to the'city:
A. Number of new jobs 65
B. Payroll generated $540,800 Av. Wage $4.00/hour
C. Number of jobs retained none
D. Payroll retained s none Av. Wage $ none
E. Estimate of the value of goods. and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance,'motor vehicles, etc.):
Type Value
Payroll $ 540,800
Utilities $ 1 5 6 , 0 0 0
Insurance $ 100,000
Linen, cable TV,
niaintenance contracts 7 0 , 0 0 0TOTAL S 1, 110, 000
Office Supplies 50,000
Advertising and
miscellaneous 113,200
15d -
F. Estimated building permit fee and other municipal
fees
$ i o o 0 o
Estimated construction pavroll $1 00 000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach
I. Estimated number of construction jobs 100
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project usin local construction
contractor, local archi.tect
7. Is the site currently zoned for the use of being proposed
frjr industrial revenue bond financing? Yes X No
8. Has a bond Purchase agreement/commitnent been accepted by
the applicant? (attach a.copy) Yes _,No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution? Yes x
No
10. Location of project (attach location map)
11. Expl4nation of alternative financing that has been
reviewed for project conventional financina has been
studied and rejected by the App
15e -
I hereby certify that the infor-mation stated in the above
Economic Impact Statement-is accurate and true in all r,,,ects.
SSOCIA-1@S
?I*le i;.,
Subscribed and sworn t. be day o
I 9 8ov.
No7bry Puoli@
CF
my/commission Exmires:
ALANTON
NORTH LINKHOFM
CH L177LE PAR
Y.Iht
ATI,Ol
V. S.@
3@ Fish..,
Map 22 CO-.IG.T CML.@.11 I
Name of Project: Balboa oceanfront Hotel
Project Address: 2401 24th Street
Virginia Beach, Virginia 23451
Type of Project: Class A Oceanfront Hotel Facility
March 24, 1986
- I @ g-
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers on
March 24, 1986
On Motion b Councilman Fentess and seconded by
y
Councilwoman Creech the following Resolution was
adopted.
RESOLUTION OF THE CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REV-
ENUE BONDS TO BALBOA ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority"), has considered the application of Balboa As-
sociates, a virginia general partnership (the "Company') for
the issuance of the Authority's industrial development revenue
bonds in an amount not to exceed $9,000,000 (the "Bonds') to
assist in the financing of the Company's acquisition, construc-
tion and equipping of a 12 story hotel consisting of approxi-
mately 135 rooms (all improvements and land being collectively
referred to as the "Facility") in Virginia Beach, Virginia, and
has held a public hearing thereon on march 11, 1986; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the 'City'), to approve
the issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and
a reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds, by the City of Virginia
Beach Development Authority, in a principal amount not to ex-
ceed $9,000,000 for financing the acquisition, construction and
equipping of a 12 story hotel consisting of approximately 135
- 15h -
rooms to be located at 2401 24th Street in Virginia Beach, Vir-
ginia, for the benefit of Balboa Associates, to the extent re-
quired by Section 103(k) of the Internal Revenue Code, to per-
mit the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as re-
quired by Section 103(k), does not constitute an endorsement of
the Bonds or the creditworthiness of the Company, but, as re-
quired by Section 15.1-1380 of the Code of Virginia of 1950, as
amended, the Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from the reve-
nues and moneys pledged therefor, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or
the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers, employ-
ees and agents, shall not be liable and hereby disclaims all
liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Facility for any reason, including but not limited to
any decision by the Authority in its sole discretion to allo-
cate its allowable private activity bond limit to one or more
other projects if the issuance of tax-exempt bonds by the Au-
thority is restricted by any State or Federal statute now or
hereafter enacted; or (2) the Authority's failure for any rea-
son after the issuance of the Bonds for the Facility to allo-
cate a portion of its allowable private activity bond limit to
the Facility if the issuance of tax-exempt bonds by the Author-
ity is restricted by any State or Federal statute now or here-
after enacted.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of virginia Beach, Vir-
ginia, on march 24, 1986.
-2-
- 15i -
I certify the foregoing to be a true and correct copy of a
resolution adopted by the City Council of the City of Virginia
Beach, Virginia, at a regular meeting held March _, 1986.
Clerk
-3-
March 24, 1986
- 16 -
Item II-K.
CONSENT AGENDA ITEM # 25137
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6 and 7.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creechtr Robert E. Fentress, Ma@or Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Councilwoman Nancy A. Creech and Councilman H. Jack Jennings, Jr., VERBALLY
ABSTAINED on Item #6.
- 17 -
Item II-K.1
CONSENT AGENDA ITEM # 25138
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution requesting the Virgiula Department of
Highways and Trausportation accept various City
streets and assume urban maintenance based on the
established rate upon those streets within the City
of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 17a -
RESOLUTION
WHEREAS, the Virginia Department of Highways and
Transportation requires a council resolution prior to accepting
additional streets for urban maintenance payments; and
WHEREAS, the attached streets have been constructed in
accordance with standards established by the Virginia Department
of Highways and Transportation; and
WHEREAS, the City of Virginia Beach has accepted these
streets and has agreed to maintain these streets; and
WHEREAS, a representative from the Virginia Department
of Highways and Transportation has inspected and approved these
streets; now
THEREFORE BE IT RESOLVED, that the Council of the City
of Virginia Beach, Virginia does hereby request the Virginia
Department of Highways and Transportation to accept these streets
and to begin paying urban maintenance payments to the City of
Virginia Beach based upon the established rate.
Marc
Adopted this 24 day of h 19 86
City of Virginia Beach, Virginia
BY
THOMAS H. MUEHLENBECK
CITY MANAGER
ATTEST
RUTH HODGES SMITH
CLERK OF COUNCIL
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