APRIL 28, 1986 MINUTES
"WORLD'S LARGEST RESORT CITY"
Cny CoErNCIL
MA YOR HA.ROL.D BEISCHOBER Ai
VICE-MAYOR RM S. M@AN, A- @gk
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NANCY A. CREECH. At L-9.
ROBERT E FEN7RESS. V@g- B..h B-gh
BARBARA M @. ftw @h
H JACK @INGS, JR, Lw".- @h
LOUIS R. JONES, 44.i& @h
ROBERT G. JOARES, At L-g.
J. HENRY MCOY JR., K-P.@ &-gh
MEYERA E. OBERNDORP, A I 1.@.
281 Cr7Y HALL BUILDI.VG
MUNICIPAL C@
RUTH HODGES SMNW, CMC, Cly Cl-k CITY COUNCIL AGENDA VrRGrVIA BEACH VIRGRNIA MM PM
18041427.4M
April 28, 1986
Virginia Beach City Council
BRIEFING: - Conference Room - 5:30 PM
ATLANTIC AVENUE TRAFFIC CONSIDERATIONS
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 6:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7:00 PM
A. INVOCATION: Reverend William L. Hawkins, D.D.
First Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of April 21, 1986.
G. PLANNING
1. Ordinance for the discontinuance, closure and aba',Idonment
of a portion of Old Norfolk-Virginia Beach Road in the
petition of Maureen M. Mottolese (Lynnhaven Borough).
Recommendation: DEFERRAL to June 16, 1986
2. Application of Robert H. Venner for a variance to Section
4.4(b) of the Subdivision Ordinance, which requires that
all lots conform to the Comprehensive Zoning Ordinance,
located at 16 Rudee Avenue (Virginia Beach Borough).
Recommendation: APPROVAL
3. Application of Martin Goldner for a change of zoning from
A-1 Apartment District to B-4 Commercial District located
on the north side of 24th Street, 200 feet east of Arctic
Avenue AND south side of 25th Street, 150 feet east of
Arctic Avenue, containiig 19,125 square feet (Virginia
Beach Borough).
Recommendation: DENIAL
4. Application of Cecil J. McCrary, Gary E. Jackson and Jo Ann
Jac-kson o,.i the northeast side of Indian River Road, 5544
feet southeast of Elbow Road at 3880 Indian River Road
containing 27.3 acres (Kempsville Borough):
Change of zoning from R-4 Residential District to AG-2
Agricultural District
AND
conditional use permit to board horses
Recommendation: DENIAL
H. RESOLUTIONS
1. Resolution approving the issuance of INDUSTRIAL DEVELOPMENT
DEVELOPMENT REVENUE BOND:
Richardson Associates, Inc. $7,725,000
2. Resolution adopting the AICUZ Policy as an integral part of
the Comprehensive Plan.
1. ORDINANCES
1. Ordinances granting franchises to conduct mobile vendor
operations and authorizing and directing the City Manager
to execute franchise agreements, subject to the conditions
contained and/or referenced therein:
a. Beach Smokehouse - 14th Street Stub Street Park
b. Forbes Candies, Inc. - 13th Street Park
c. Resort Vendors of Virginia Beach, Inc. - 20th Street
Stub Street Park
d. Treats/Michael Porter - 25th Street Stub Street Park
2. Ordinance to amend and reordain Section 21-441 of the Code
of the City of Virginia Beach pertaining to operation on
private property; compliance with registration and
licensing requirements.
3. Ordiriance to amend and reordain Section 5-73(A) of the Code
of the City of Virgi,-lia Beach, Virginia, pertaining to
keeping dogs under restraint: leash law.
J. 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 authorizing the City to proceed with relocated
access improvements to the Virginia Beach Campus of
Tidewater Community College from Princess Anne and Rosemont
Roads.
City Manager requests INDEFINITE DEFERRAL.
2. Ordinance to amend and reordain Chapter 35 of the Code of
the City of Virginia Beach, Virginia, by amending Section
35-47 pertaining to application for classification and
assessment generally. (Real Estate taxation)
3. Ordinance declaring certain property EXCESS and authorizing
the City Manager to dispose of same. (Utilities Pump
Station site on Raygood Point Road, Bayside Borough)
4. Ordinance to transfer appropriations to finance the
Landstown Municipal Property Master Plan Study and to
authorize the execution of the consultant contract.
5. Ordinance to transfer funds of $1,111.50 from General
Fund's Reserve for contingencies to the Police Department
for reimbursement of legal expenses incurred by a city
employee in the performance of his duties.
6. Ordinance appointing viewers in the petition of Sir
Richards Partners for the closure of a portion of 20th
Street. This item was deferred on April 21, 1986.
7. Ordinance authorizing license refunds in the amount of
$1,908.61.
K. UNFINISHED BUSINESS
1. Rudee Inlet: Presentation
L. NEW BUSINESS
M. RECESS
Recess of Regular Session to 1:00 PM, April 30, 1986, after
which to ADJOURN.
N. ADJOURNMENT
FY 1986-1987 OPERATING BUDGET SCHEDULE
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
B R I E F I N G
ATLANTIC AVENUE TRAFFIC CONSIDERATIONS
April 28, 1986
5:35 P.M.
The BRIEFING was called to order by Mayor Harold Heischober in the
Conference Room on April 28, 1986, at 5:35 P.M.
The City Manager introduced C. Oral Lambert, Director of Public Works, who
reiterated the chronology of events regarding the Atlautic Avenue temporary
curbing issue. (Said chronology contained in Mr. Lambert's Memorandum of
April 22, 1986, is hereby made a part of the record.)
On January 1985, Stage III Report submitted by the consultant,
Mickiewicz-Robertson in association with Howard, Needles, Tammen,
Bergendorf recommended three lanes on Atlantic Avenue (three lanes
northbound south of Thirty-first Street, two lanes northbound, and one lane
southbound north of Thirty-first Street).
On February 3, 1986, the City Manager in a letter to City Council
recommended proceeding with three-lane design for either two-way or
one-way, and to proceed with that section for two-way for 1986 season.
On February 10, 1986, City Council APPROVED recommendation of Manager to
proceed with three-lane.
On February 13, 1986, City Staff agreed how to proceed with a three-lane
test section. It was agreed to use "temporary" asphalt curbing with
planters. On February 28, 1986, the City Manager again advised City
Council in a letter concerning the concensus from representatives of the
Hotel/Motel Association, Restaurant Association, Resort Area Advisory
Commission subcommitee and the various City Departments for implementation
and proceeding with three-lane, two-way traffic flow on Atlantic Avenue. A
sketch of the layout was included.
After approximately 6 blocks of asphalt curbing had been installed, it
became readily apparent to the users of Atlantic Avenue, a traffic back-up
was resulting. This work has been SUSPENDED as directed by City Council.
Councilman Jennings advised the first step should be installing underground
utilities. The City Manager advised cost data analysis will be developed
concerning underground utilities.
The City Manager referenced Assistant City Manager, E. D. Block's
Memorandum of April 25, 1986, concerning ATLANTIC AVENUE and the three
options outlined for City Council:
1. Continue the present two-way trial with or without whatever
modification may be possible.
2. Abandon the trial and indicate a policy direction which would not
include three-laning Atlantic Avenue.
3. Reaffirm the overall policy direction of three-laning Atlantic
Avenue and charge the Resort Area Advisory Comission to develop a
plan for a trail next summer. The development of the plan should
involve appropriate City Staff and be submitted to Council, with
cost estimates, in October.
- 2 -
B R I E F I N G
BY CONSENSUS, City Council directed the City Manager to CANCEL alterations
on ATLANTIC AVENUE removing the "temporary" asphalt curbs and develop cost
estimates for revised traffic patterns and underground utilities, et
cetera. The City Manager will report to City Council in October 1986.
Councilman Fentress requested the asphalt curbs be removed as soon as
possible as he had been informed of a surfing contest next weekend.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 28, 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, April 28, 1986, at 6:00 P.M.
Council Members Present:
John A. Baum, 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:
Nancy A. Creech was out of the City on business
- 2 -
ITEM # 25291
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE 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 *Baum, seconded by Councilman *Jennings, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech was out of the City on business
*Motion amended to include Legal Matters and later ratified by vote in
the Regular Session
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 28, 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, April 28, 1986, at 7:00 P.m.
Council Members Present:
John A. Baum, 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:
Nancy A. Creecli
INVOCATION: Reverend William L. Hawkins, D.D.
First Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF ANERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 25292
The City Manager referenced a Resolution authorizing the City to proceed
with relocated access improvements to the Virginia Beach Campus of
Tidewater Community College from Princess Anne and Rosemont Roads. (See
Item II-J.1 of the CONSENT AGENDA).
The City Manger requested this item be DEFERRED INDEFINITELY.
Item II-D.2
CONSENT AGENDA ITEM # 25293
The City Clerk referenced a RESOLUTION IN RECOGNITION to Harry R. Purkey,
Jr. for his service on the DEVELOPMENT AUTHORITY.
This item will be added to the CONSENT AGENDA.
Item II-D.3
UNFINISHED BUSINESS ITEM # 25294
The City Manager requested a report on the CANP PENDLETON AGRE@ be
added to UNFINISHED BUSINESS of the City Council Agenda.
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
UNFINISHED BUSINESS ITEM # 25295
Mayor Heischober requested discussion of an Ordinance to Amend and Reordain
Article 11, Section 1100 and to Repeal Sections 1120, 1121 and 1122 of the
Comprehensive Ordinance pertaining to PD-HI and PD-H2 PLANNED UNIT
DEVELOPMENT DISTRICTS be added to the City Council Agenda under UNFINISHED
BUSINESS.
Item II-E.2
NEW BUSINESS ITEM # 25296
Councilman Jennings requested he be allowed to reference heroic efforts of
certain SURFERS on April 20, 1986.
This item will be added to NEW BUSINESS.
Item II-E.3
UNFINISHED BUSINESS ITEM # 25297
Councilwoman Henley requested a discussion concerning the GREEN LINE STUDY.
This item will be added under UNFINISHED BUSINESS.
April 28, 1986
6
Item 11-F. 1
MINUTES ITEM 25298
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council
APPROVED the Minutes of April 21, 1986.
Voting: 7-0
Council Members Voting Aye:
Robert E. Fentress, 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 Absent:
Nancy A. Creech
Council Members Abstaining:
John A. Baum, Mayor Harold Heischober, H. Jack Jennings, Jr.
April 28, 1986
7 -
Item II-F.2.
PRESENTATION ITEM # 25299
ADD-ON
Mayor Heischober presented a RESOLUTION IN RECOGNITION to:
Harry R. Purkey, Sr.
This RESOLUTION recognized Harry Purkey's dedication and unselfish service
on the D@PMENT AUTHORITY from September 1, 1983, through December 31,
1985.
8
Item II-F.3.
PRESENTATION ITEM # 25300
ADD-ON
Mayor Heischober presented a CERTIFICATE OF ACHIEVEMM FOR EXCELLENCE IN
FINANCIAL REPORTING to Giles Dodd, Assistant City Manager for
Administration.
This Award had been presented to the CITY OF VIRGINIA BEACH by the
Government Finance Officers' Association of the United States and Canada.
This CERTIFICATE was awarded to governmental units and public employee
retirement systems whose comprehensive annual financial reports are judged
to substantially conform to program standards.
Mr. Dodd expressed appreciation to Comptroller, Bob Hays, and Deputy
Comptroller, Sam Cohen.
- 8a -
CERTIFICATE OF
ACHIEVEMENT
FOR EXCELLENCE
IN FINANCIAL
RFPORTING
PRESENTED TO
CITY OF
VIRGINIA BEACH, VIRGINIA
For its Comprehensive Annual
Financial Report
for the Discal Year Ended
June 30, 1985
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
governmental units and public employee retirement
systems whose comprehensive annual financial
reports (CAFR's) are judged to substantially
confonn to program standards.
s/John T. Walsh
President
s/Jeffrey L. Esser
Executive Director
9
Item II-G.1
PLANNING ITEM 25301
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council DEFERRED until the City Council Meeting of June 16, 1986, FINAL
APPROVAL of an Ordinance upon application of MAUREEN M. MOTOLESE for the
discontinuance, closure and abandonment of a portion of Old
Norfolk-Virginia Beach Road.
Application of Maureen M. Mottolese for the
discontinuance, closure and abandonment of a portion
of Old Norfolk-Virginia Beach Road beginning on the
west side of Little Neck Road and running in a
westerly direction a distance of 236.87 feet. Said
parcel varies in width from 41.93 feet to 30 feet
and contains 10,410.84 square feet. LYNNHAVEN
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
A ril 28
- 10 -
Item II-G.2
PLANNING ITEM # 25302
Robert H. Venner, the applicant, represented himself
Upon motion by Councilman Fentress, seconded by Councilman Baum, City
Council APPROVED a Variance to Section 4.4(b) of the Subdivision Ordinance
upon application of ROBERT B. VENNER.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Robert H. Venner.
Property is located at 16 Rudee Avenue. Plats with
more detailed information are available in the
Department of Planning. VIRGINIA BEACH BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
Item ii-G.3
PLANNING ITEM 25303
Attorney Grover Wright represented the applicant
Bernice Leonard, an adjacent resident, spoke in favor of the application
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of MARTIN GOLDNER for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF MARTIN GOLDNER FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO
B-4 Z04861080
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Martin Goldner for a
Change of Zoning District Classification from A-1
Apartment District to B-4 Resort Commercial District
on Lots 6 and 17, Block 94, Virginia Beach
Development Company. Lot 6 is located on the north
side of 24th Street, 200 feet east of Arctic Avenue
and Lot 17 is located on the south side of 25th
Street, 150 feet east of Arctic Avenue. Said
parcels contain 19,125 square feet. VIRGINIA BEACH
BOROUGH.
The following condition shall be required prior to the changing of the
official zoning maps:
1. Recordation of an agreement stating that these lots be developed
for multi-family that they will be developed
in conjunction with the adjacent lot 7 in order to insure that
the minimum lot area and lot width requirements for multi-family
and lodging unit development are met.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of April, Nineteen Hundred and Eighty-six.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
Nancy A. Creech
- 12 -
Item II-G.4.
PLANNING ITEM # 25304
Attorney Robert Cromwell represented the applicant
Charlotte Flagg, an adjacent resident, spoke in opposition
A MOTION was made by Councilman McCoy, seconded by Councilman Baum, to
ADOPT Ordinances upon application of CECIL J. McCRARY, GARY E. JACKSON and
JO ANN JACKSON for a Change of Zoning from R-4 Residential District to AG-2
Agricultural District and a Conditional Use Permit to board horses on the
northeast side of Indian River Road, 5544 feet southeast of Elbow Road at
3880 Indian River Road containing 27.3 acres (Kempsville Borough).
A SUBSTITUTE MOTION was made by Vice Mayor McClanan to DENY Ordinances upon
application of CECIL J. McCRARY, GARY E. JACKSON AND JO ANN JACKSON for a
Change of Zoning from R-4 Residential District to AG-2 Agricultural
District and a Conditional Use Permit to board horses on the northeast slde
of Indian River Road, 5544 feet southeast of Elbow Road at 3880 Indian
River Road containing 27.3 acres (Kempsville Borough). This NOTION FAILED
for lack of a SECOND.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED Ordinances upon application of CECIL J. McCRARY, GARY E. JACKSON
AND JO ANN JACKSON for a Change of Zoning:
ORDINANCE UPON APPLICATION OF CECIL J. McCRARY, GARY
E. JACKSON AND JO ANN JACKSON FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-4 TO AG-2 Z04861081
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Cecil J. McCrary, Gary
E. Jackson and Jo Ann Jackson for a Change of Zoning
District Classification from R-4 Residential
District to AG-2 Agricultural District on property
located on the northeast side of Indian River Road,
5544 feet southeast of Elbow Road. Said parcel is
located at 3880 Indian River Road and contains 27.3
acres. Plats with more detailed information are
available in the Department of Planning. KEMPSVILLE
BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF CECIL J. McCRARY, GARY
E. JACKSON AND JO ANN JACKSON FOR A CONDITIONAL USE
PERMIT TO BOARD HORSES R0486827
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Cecil J. McCrary, Gary
E. Jackson and Jo Ann Jackson for a Conditional Use
Permit to board horses on property located on the
northeast side of Indian River Road, 5544 feet
southeast of Elbow Road. Said parcel is located at
3880 Indian River Road and contains 27.3 acres.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILE BOROUGH.
- 13 -
Item II-G.4
PLANNING ITEM # 25304 (Continued)
The following conditions shall be required:
1. Operator shall reside on and manage the property.
2. Stable Area shall be 411.9 feet from Indian River Road.
3. Entire property shall be fenced.
4. Only twenty (20) horses shall be boarded
5. Only fifteen (15) horses shall be in the pasture at one time.
6. Horses shall not be for rental.
7. Only a total of thirty-five (35) horses shall be on said
property.
8. Trees on left side of property line shall be maintained.
9. The Business shall be maintained 200 feet from the Salem Canal.
10. Development shall be in compliance with an approved Land Use
Plan.
11. A 40-foot right-of-way dedication along the frontage on Indian
River Road, 55 feet from the centerline of the old 30-foot
right-of-way for an ultimate 110-foot right-of-way as per the
Master Street and Highway Plan.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on tbe
Twenty-eighth day of April, Nineteen Hundred and Eighty-six.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Councll Members Absent:
Nancy A. Creech
- 14 -
Item II-H.1
RESOLUTIONS ITEM # 25305
Upon motion by Councilman Jennings, seconded by Councilman Robert Jones,
City Council ADOPTED a Resolution approving the issuance of INDUSTRIN
DEVELOPMENT REVENUE BOND:
Richardson Associates, Inc. $ 7,725,000
Voting: 6-0
Council Members Voting Aye:
Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings,
Jr., Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Louis R. Jones
and J. Henry McCoy, Jr., D.D.S.
14a -
SU,kIMARY SHEET
CITY OF VIRGINIA BEACTI DEVELOPMET:T AUTHORITY
INDUSTRIAL DEVELOP@1ENT REVENUE BOND
1. PROJECT NAME:
2. LOCATION:
-anci.28th Street
3. DESCRIPTION OF PROJECT: NPT,7 const-
4. AMOUNT OF BOND ISSUE: @7 72 9 noo
S. PRINCIPALS:
6. ZONING CLASSIFICATION:
a. Pres@nt zoning
classification of the
Property
b. Is. rezoning proposed? Yes No X
C. If so, to what zoning
classification? -N/A
11/5/83 EXHIBIT C
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCIIIG
DATE: January 16, 1986
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT'NAME: Richardson Associates, Inc.
TYPE OF FACILITY: Hotel
1. Maximum amount of financing sought $ 7,725,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 9,000,000
3. Estimated real property tax per year
using present tax rates $ 72,000
4. Estimated personal property tax per
year using present tax rates $ 21,500
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 7,200
6. Estimated dollar value per year of goods
and services that will be purchased
locally $ 600,000
7. Estimated number of regular employees on
year round basis $ 60
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 Bea
Development Authorit
By
Ch&irman
u
Economic Impact Statement
1 - Amount of investment $ 7 , 72 5 , 000
2. Amount of industrial revenue bo,d
financing sought $ 7,725,000
3. Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach $ 9,000,000
4. Estimated real property tax per
year using present tax rate $ 72,000
5. Estimated personal property tax $ 21,500
6. Economic impact statement
demonstrating the overall
return to the City:
A. Number of new jobs 60
B. Payroll generated $600,000 Av. Wage $-10,000
C. Number of jobs retained -0-
D. Payroll retained $ - Av. Wage $
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
Motel services and supdlies $450,000/yr.
Restaurant services an SUDDlies
$150,000/yr.
F. Estimated building permit fee 169,500
and other municipal fees $
2
G. Estimated construction payroll $ 00 000
H. Estimated value of constructi,,
material to be purchased withi,
the City of Virginia Beach $ 00 000
I. Estimated number of
construction jobs 20
J. Any other items of which the
applicant feels the Authority
should be made aware of in
evaluating the project
7. Is the site currently zoned for the use of being
proposed for industrial revenue bond financing?
Yes s No I lot
8. Has a bond purchase agreement/commitment 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 No
10. Location of project (attach location map) Pacific
nnd 2
11. Explanation of alternative financing that has been
reviewed for project Nonp
I hereby certify that the information stated in the
above Economic Impact Statement is accurate and true in all
respects.
Rezoning hearing set for for February 11, 1986.
3
@Appl@icant)
Subscribed and sworn to before me this day of
L 198/@
,Notary Public
My Commission Expires:
A meeting of the Council of the City of Virginia Beach,
virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the day of April, 1986.
On motion by Councilman Jennings
and seconded by uounciiman Kobert Jones the follow-
inq Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR RICHARDSON ASSOCI-
ATES, INC.
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of Rich-
ardson Associates, Inc., a virginia corporation to be formed
(the Company), for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed
$7,725,000 (the Bonds) to assist in the financing of the
Company's acquisition, construction and equipping of a hotel
facility containing approximately 138 rooms (the Facility) to
be located at the northwestern corner of the intersection of
28th Street and Pacific Avenue in the City of Virginia Beach,
Virginia, and to be owned by the Company, and has held a
public hearing thereon on April 8, 1986; and
WHEREAS, the Authority has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as
amended, and Section 15.1-1378.1 of the Code of Virginia of
1950, as amended;
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonabl@i detailed summary of the comments expressed
at the public hearing with respect to the Bonds and a state-
ment in the form prescribed by Section 15.1-1378.2 of the
Code of Virginia of 1950, as amended, have been filed with
the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are herebv adopted as a part of this Resolution.
2. The Council of the City of virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority to assist in the financing of the
Facility for the benefit of the Company, to the extent of and
as required by Section 103(k) of the Internal Revenue Code of
1954, as amended.
3. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the creditworthi-
ness of the Company, but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, 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 revenues 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.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 28 , 1986.
April 28, 1986
2
Ti
PROJECT N@ME: Richardson Associates, Inc.
PROJECT LOCATION: 28th Street and Pacific Avenue
Virginia Beach, Virginia 23451
TYPE OF PROJECT: Hotel
15 -
Item 11-H.2
RESOLUTIONS ITEM # 25306
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED A Resolution making the AICUZ Policy a part of tbe Comprehensive
Plan to guide the industrial expansion in the area affected by the United
States Navy's development rights and acquisition;
AND,
AMENDED the AICUZ Policy, on Page Eight of said policy, Section 7 K shall
be amended, removing the words, "the City of Virginia Beach sign ordinance
regulations" and reading:
..."It will conform with sign regulations now in
effect in Oceana West Industrial Park and as
determined by the Virginia Beach Development
Authority."
On Page Eight, after Section 7K, a Section L. will be inserted:
L. A buffer shall be maintained adjacent to
existing residential areas of at least fifly
T50) feet wth the proviso the area may be
increased as determined by the City Council."
On Page 10, under CONCLUSION remove the word "only":
". . Areas 5, 6, 7, 8 are chosen as only areas
that:.."
Vice Mayor McClanan also inquired as to whether there was any discussion
concerning inclusion of noise levels or height restrictions.
Councilman Jennings referenced the section under CONCLUSION concerning
Areas 5, 6, 7, 8 are chosen as the only areas that:
(a) taken together represent significant developable acreage;
(b) are contiguous both to one another and to existing industrial
areas;
(c) lack any significant constraints.
Councilman Jennings advised he was not in favor of a POLICY which would
restrict or otberwise prevent the development of the 16 other parcels under
consideration for possible industrial useage in the future.
April 28, 1986
- 16 -
Item II-H.2
RESOLUTIONS ITEM # 25306 (Continued)
Voting: 9-1
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:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
- 16a -
A RESOLUTION ADOPTING THE AICUZ
POLICY AS AN INTEGRAL PART OF
THE COMPREHENSIVE PLAN
WHEREAS, the Navy has impacted some four thousand acres
of land in the City of Virginia Beach by the acquisition of
development rights; and
WHEREAS, one of the most desirable uses for this land is
low intensity industrial use; and
WHEREAS, not all of the land is equally desirable for
industrial use; and
WHEREAS, there is a need for about nine hundred acres of
land in the next thirty years for such industrial use; and
WHEREAS, the City is desirous of encouraging industrial
development in the most aesthetically pleasing and the most
efficient manner from the viewpoint of need of services and the
most beneficial manner with regard to our arterial road system as
has been done with Oceana West Industrial Park;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA AS FOLLOWS:
1. That the proposed AICUZ policy to guide industrial
expansion in the area affected by the Navy's developrnent rights
acquisition program is hereby adopted as part of the Comprehensive
Plan.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28th day of April 1986.
JDB/jmh
04/24/86
(RES.6)
16b -
city @f
MUNICIPAL CENTILR
DCPARTMZNT OF PL-ANNING VIRGINIA 89ACK. VIRGINIA @2
OPKRATIONS OUILDING, ROOM 116 427-021
too COURTHOUSIL DRIVI
April 9, 1986
To the Honorable Mayor and
Membcrs of the City Council:
Dear Council Memberst
At your request, the Planning Comnission has reviewed the proposed policy for
the rezoning of land for industrial use in th* City's AICUZ areas. W* f*el
that this policy represents a roasonable and beneficial approach both from
the City's viewpoint and the viewpoint of the individual property owners. W*
recommend to you that this policy be adopted and that future rezoning proposals
for industrial use be ev&luated In occordance with it.
Yours truly,
Thomas M. Amons, Cha rman'
Planning Commission
TMM/RJS/vz
16c
(AS AMENDED)
an 1-@@lqtrlml D8velODmAnt Pol'rX Fnr Th" Citx
lmpwted
AX The Navy.'s AICUZ ro@
This report detalls policies for municipal land use regulation In
the areas of the City affected by -quisition of certain development
rights by the Navy's AICUZ program. It sets forth the barkground
behind the easements, describes the opportunity and problems they
present the Clty and private property owners, and provides a goal
for Industrial development. and a set of policies for the ettainment of
this goal.
The AICUZ program has resulted In a significant change in the
development potential for 4,200 acres In the area around NAS Oceana.
In effect, the hlghost and best economic use for some of the land
enrumbered wlth AICUZ easements is the permitted types of Industrial
development. However, not all of the affected properties are equally
suited for lndustrlal development. Since the demand for permitted
industriel uses is not expected to require the entire AICUZ area, the
City has been confronted with two Issues Involving the AICUZ areas
1. What areas in AICUZ are best suited for industrlal development?
2. How should the *City provide for Industrial development In
these areas?
The findings set forth herein are partly the work of the City
Councills AICUZTaskForceand partlytheworkof thecity'sconsultant,
Plannlng Management Associates of Newport News, whose report is atta:hed
as a supporting document to this policy statement.
DAftnition and Purpose of the Navxts AICU7 Proaram
The purpose of the AICUZ Program (Air Installation Compatible Use
Zone) Is to protect the public health, safety and welfare from noise
and hazards through compatible development in the airport envlronment.
The AICUZ Program was instituted by the Department of Defense to
address the problem of land development around military air facilities.
It provides for the development and ImPle-ntation of a plan to determine
those land areas for which development should be signif lcently lnf luerr-ed
by the operation of the airfield. These land areas are then designated
as the AICUZ for that Instal lation. The study for determining the
AICUZ for an Installation addresses two major corr-orns: aim raft noise
and accident potential. Through an evaluation of the intensive noise
zones and accldent potential zones, the AICUZ Is used as an Instrument
to ensure that land around the airport develops In a manner fhat Is
compatible wlth the air Installation.
To provide for compatlble development, the U- S. Navy has acquired
*&soments on land in the noise and accident potential zones around NAS
ocsons. Whlle the specific -torms of each oasoment may vary, they
prohlbit all residential and comercial development, and permit only
cortaln types Of lndustrtal development. Generally. the permitted types
of Industrial developmentcannot result In hlghconcentrations of people-
nevelopment Imow-t
The AICUZ Program for HAS oceans has orr-umbered approximately
4,200 wres, of which 3,600 acres are currently undeveloped. Thls land
con be developed only In a manner consistent with the provisions of the
development *assments. Whl lo this provldes the City with the opportunlty
to allocate up 'to 3,6C)O wres for lndustrlal uses curron't Industrial
development Is consuming about @60 acres annually. Furthermorep cony
types of Industries lorating In the lndustri*l parks do not most the
pr'ovisions of the AICUZ easements and therefore could not locate within
the AICUZ ar**. Thus, if Industrial development continues at Its
current rate. only a frwtion of the AICUZ areas would be convort*d to
Industrial uses within the forseeable future. in addition, the Clty
vi It sti 11 need to al locate land free of AICUZ restrlctions for Industrial
use to ar-commodate those Industrles which are not permittod In AICUZ areas.
Some of the land Is oxc%llently located for Industrial oxpanslon.
butotheraffectedpropertieshavepoororat leasttemporarityundesirable
charecterlstles 'for lndustrlal development. 04ost of the property
offect*d Is currently zoned for other than Industrial use. Therefors#
If the City can destgnate the most appropriate trwts for Industrial
use and control the chararterirlics of the development through the
rezoning process. then ltcanmeximize both public and private advantages
from lndustrlal development of this.land to the extent that they are
mutually competlble.
Datermlnation of Most S
Since the amount of available AICUZ Industrial land exceeds the
amount of lndustrlal land needed for future development, the first task
is to determlne the AICUZ areas which are bes't suited for Industrial
development.
To this ond, a Task Force comprised of inembers of City COurr-ii,
members of the Planning Commlssion, the Commander of NAS Oreans, the
City Real Estate Assessor# and reprosentailves of -the DePartment of
Plannlngt Economic Developmen't, Public Works, Fina-00 and Public
Uti I lites was estabi lshed to *valuate al I AICUZ areas.
'To evaluate the relative sultablilty of various AICUZ areas for
industrlal development, the Task force dlvlded the area Into 20 zones
2
(Sge attac hed map) o and then ova I uated *ac h zOnO f or I ndustr I a I potent i a I
based on an assessment of omh zone by four factors:
The Potentibi was sportation and dratnage-
land'use, publ lc utl ilties (water and sewer)# tran ,
Is evaluation, the Task Fome determined that Zones
As a result Of th nd vic lnlty) have the towest constraints
1-4 (Oreena West Industrial Park a rising approximately 946
for Industrial developmen-t. Zones 5-8# COMP st sultablo lndustrlal
undeveloped acres, were found to be the soc-d DO 5 are not I n
area. Although ---ny roods and utilities for zones -8 lop..,
p I ac e, p I anned I mprovements shou I d be we I I a I ong by the I I me dove
The remaining zones# 9-20, wer* found to be not as woll suited
occurs. exhibiting severe con-
for Industrial developments With several ZOneS
straints to such development-
he Task Fome conr luded that# due to the evallablilty
In summarys t usgs, the Clty should
,of facilities and the location ot cornpatlblo land
enrourage Industrial develop-nt In-the AICUZ ares southwest of NAS
Oceana (zones 5-6)# and that this develop-nt should be pursued as an
oxfonsion of Ocoona West lndustrlal Park-
For reasons involving economy, compatibilItY and oesthotlcso
Industrial devolopmen't StiOuld 1)6 conrentrated in appropristo areas
Instoodof ScOt'tOr*dthroughOUttheCity- Clearly I the p I anned I ndustr I a I
nd In Alrport and Oceana West Industrial Parks opersto
developments fOu stem, are bg"or served.
In harmony with the Cityls arterial highway sy
lacliltlesv more compatiblo with adjacent uses. and more
bv public along the Virglnlo
aitr-artive than the dlsjolnted Industrial uses I-eied
Beach Boulevard-Norfolk Southern Roll C-rldor, for instance-
Therefors, using the success of our efforts In the Airport and
Oceana West Industrial Parks as examples, the fol lowlng Is the estabi lshed
goal for industrial development In the AICUZ areast
AlCuZ AREA INDUSTRIAL DEVELOPWKT VVilCH IS CENNRED
ON THE NDST IATE LAND; IS ADEQMTELY SCREENM
FROM ADJACM LAND SES; IS CDKSISTENT WITH PLAHNM
I KHTED I mm-
puBLIC FACILITIES I INGI AND . Is
H&L SERVICES; IS 0 CAN sE ACHI EVED.
CONCEKMTED IN ARE
3
CO
AICUZ SUB-AREAS
HOLLAND ROAD CORRIDOR AREA ME LONDON BRIDGE AREA
SDUTHEASTERN AREA
CENTRAL AREA
OU7LINED AREAS SUITABLE FOR
CONVERSION TO INDUSTRIAL
P.[ lrx
To achieve thls 9001 and based on ihe staff and Consultani siudies, the
f ol I ow I ng pol ic les are recomffended:
IT IS TW poLiCy OF 7W Cily TO PLAN FOR ND E INDUSTRIAL
DE'cELWWNT IN TWSE AICUZ AREAS SPECIFIED IN TW AICUZ STWY
Not all land encumbered by AiCtiZ restrictlye easements Is suitable
for industrlal Use. Factors which led -to the determination of
nsultabill'tY were-. lncompatibli 1-ty with surrounding uses, prasen't
u utill-ties, soil type, and
land use, OCCOSSO availability of public
drainage.
Tt,e land is estabi ished as the most Suliable for Industrial expenslon,
but only provided that the other crlierla set forth In thls POIICY
section are -1. This Is the land estabi lshed as -$t suitable by
the Task Force, I esr, some I and on Hoi I and Road wh Ich, upon f urther
evaluation by the consultant. was found -to be environmental IY
unsuitable.
2. IT IS THE POLICY OF THE CITY TO PLAN FOR AW E INDUSTRIAL
DEVELOPIENT IN APPROPRIA7E AREAS OUTSIDE THE AICLIZ PROGRAM
The AICUZ areas provide an abundant supply of undeveloped, Indus-
irially suitable land - enough to last many decades. However, It
must be pointed out that AICUZ resirictions exclude many uses
which are normally found In typical lndU5trial parks. Therefore,
the City must be prepared to provide other Industrial areas, free
of AICUZrestrictions, Inordertoaccommodatetheseother industries.
3. IT IS THE POLiey OF THE CITY TO PROVIDE FOR CDDRDIN&TED INDUSTRIAL
DEVELOMNT WITHIN INDUSTRIAL TRACTS
Large, unliled 'tracts are preferred for developtrent. Large tracts
oiler the opporlunity for coordinated developrr-eni as exempliiied
by an internal circulation system requiring only limiied access 'tO
ma.ior arterials, corrprehensive utility and drainage sy@tems, and
unity In landrcape and architectural considerations. Developrftent
on small, separately owned parcels leads to "piecemeal" developnent
resulting in numerous unnecessary conflicts.
7herefore, only those properties will be considered for Industrial
developmni t@at can exhibit an lniresiruciure (including road,
utility and drainage features) which Is coordinated with that of
adjoining property, as shown in -the consuilidni study or iis equivalent
as deternined by City sialf, as opposed -to an Individual, piecemeal
approach.
4. IT IS THE POLICY OF THE CITY TMT ADVERSE TRAFFIC IWACTS ON THE
ARTERIAL sysitm OF STREETS WILL BE HINIMIZED THROUGH THE RATIONAL
DESIGN OF ARTERIAL ACCESS
Traffic flow Is an lmpor-tant consideration in ihls area, even 11
no industrial development takes place. The major lntersectiOn5 In
this area (London Bridge/Shipps Corner, Holland/Shlpps Corner, and
molland/Landstown) are all Important points for accommddating
traltic moving through this study area io other desilnations.
Industrial development In this area should be deslgned so as not
to impair the functioning oi these roadways. In addition, roods
planned for this area (i.e. Southeastern Expressway and Dam Neck
Road Extended) serve Important City-wide needs, and while these
roods con be a bonef It to the industrial lzation of lhls aroa,
thelr primary purpose Is within the context of serving the trans-
portation of the entire City.
Therefore, only those properties will be considered for lndustrlal
development thei can provide access irom. and Impact upon, the
major existing and proposed major highway system In a coordinated
junct.Ion-with adjoining properties as shown In the
fashion In con.
consultant study or its equivalent as determined by Clty staff, Ds
opposed to an Individual plecemeal approach.
IT IS THE P(XICY OF TM CITY TO MINI14IZE THE ADVERSE IWACTS OF
INDUSTRIAL DEVELWWNT ON THE STORK WATER DRAINAGE SYSTE)4
Oni those properties will b e considered for lndustrlel conversion
y
ihat can be developed In harmony with the extensive floodplains and
lniportant drainage considerations In the area.
6. IT IS THE POLICY OF THE CITY TO PROVIDE FOR INDUSTRIAL DEVELOPMENT
wHICH IS COWATIBLE WITH ADJACENT LAND USES
In order to carry out the policies stated berein, 1-1 Zoning Is
more compatible than 1-2 Zoni ng, e5pecially In view of the aestheilc
concerns and poiential Impacts on nearby resideniial areas.
Therefore, 1-1 Zoning will be generally favored over 1-2 Zoning,
particularly adjacent toresidentiel areas and along major arterials.
Wherever proposed Industrial areas abut other. non-indu5irtal
uses, the suitability of the proposed use wil I depend upon the
6egree of screening and buffering provided.
7. 17 IS THE POLICY OF THE CITY TO PROVIDE FOR AESTHETICALLY PLEASING
INDUSTRIAL DEVELOPMENT
Oniv those properties wlil be considered for Industrial conversion
,tha+ adhere to the following guidelines:
A. Minimum yard setbacks for any lot adjacent lo an existing or
prop6sed street should be 50 feet with 30-100,t side and rear
property setbacks.
S. There must be an open space of of least 60 feet between *II
adjacent buildings and structures and 30 contiguous feet of
which shall be designated as the "Landscaped space".
C. Driveways will be permitted no less -than 15 feet from property
lines.
D. Within the landscaped area, Category I plants must be used as
buffers and screens and plant selection imst be approved by
the City prior lo slie plan approval.
A 30 foot buffer will be required between Industrial areas
E
and adjacent residential areas. Within this buffer, Category
11 plantings will be requlred.
F. Parkingwill notbeallowed tiongtheirontof -thisdevelopment.
G. Aes-thetics also Include sign regulation and should an area
be developed as an Industrial park. It will be necessary 'to
establishanoverall signpa-tiern lnordertocreateacontinul-ty
within the park Itself.
H. All lighting shall be directed ioward the Interior of the
development.
1. An 4 loot high landscaped berm wi-th a 3:1 slope and a 2 foot
wide -top will be required between Industrial areas and all
adjacent arterlat roadways.
i,, Entrance ways to Industrial ereas will be landscaped as
approprlate -to lbe site.
K. A sign plan shbil be submitted ior review. Signs will be
limi-ted 'to one per lot or building site for each street
frontage and may be loceied on exterior building walls. 'ThO
content of the sign shall be llmiled io the ldentificaltion of
the product or services sold or produced and the name oi the
establishment. It will conform with the City of Virglnla
Bebch sign ordinance regulations. Flashing or intermittent
signs are prohiblted.
8
1,T)I)lTlt)NAI pni IrY CONSI
1. areas effected by 'the Southeastern Expresswev- there will be no
prohiblilon on lo't development, however, no 14rovements wlil be
al lowed on lots within a possible Expressway al lonmen't. It necessary,
the City VIII purchase these lois for right-ol-way or, If not
n oded for such. for eventual re-sale as Industrial sltes.
T Is policy will allow the developmen't of this area and, at lhe
some time, not compromise any future alignment of the Southeastern
Expressway.
2. These pol Icies are not Intended to affect the workings of the City's
opment Authority. While the Authority Is obviously
Industrial Devel
one agent that can provide coordinated development where these
policies call for It. cooperation among private parties con be
just as effective. It Is expected that the Authority will take
;Ote of this policy, as It does all City pollcies, In 115 6081IP95
and be guided by It as It deems appropriate.
3. Properties not recompended for Industrial development or which
cannot meet the criferia set forth here for Industrial development
have the following posslbllltles:
A. Continual efforts with other property owners lo meet the
criieria for coordination set forth may bring parcels Into
compliance.
B. Futur e growth, coplial Improvement and other changing factors
may give r Ise In the f uture to re-eval uat Ion of appropr laieness
of Industrial development where It Is currenity not deemed
appropriate.
C. The Clty inay have need for expanded recreallonal facilliles
In conjunction with resort development or otherwise, and
certain parcels may be attractive sites for municipal uses of
this sort.
D. In conjunction with the Cily's Scenic Waterwey Plan and
acquisition of lloodplain elong West Neck Creek and other
selected areas, there may be a need for expenston of ownicipal
park facillties. It Is 'Possible that some Of lhe land deemed
Inappropriate for lndusirial use may be deemed appropriate
for such municipal use.
E. There are other uses besldes lndusirial use allowed 6y ihe
AICUZ easements and these u5es can be pursued by the property
9
owners InVOlVed. Unforlunately.-these uses are ordinarily
not verv intensive. Exactly what these uses are and how they
mighi i Ii on -the proi>eriy Is a inatter between the Indlvidual
property owner and 'the Navy, and has presumably served as 'the
basis for compensation paid in exchange for the easement by
-the Navy.
Attachments
10
AICUZ EASEMENT AREAS
Industrial DevelOPment Constraints
USE Water Sever -rRANsPORTATION DRAINAGE OVERKLL
ACREAGE
314.3
158.8
6 220.6
7 330.9
a 231.4
9 95.5
10 267.9
21 222.4
i2 io6.7 9
13 86.2 8
14 208.4 9
15 i95.7 8
16 205.9 1
17 i55.0 11
18 52.1 9
19 67.1 8
20 86.6
3,636.5
Criterib for Development Constraint&
in the AICUZ study Area
Land Use
1. Industrial development is generally compatible with boih adjacent land
uses and the overall surrounding area.
2. Industrial development is generally compatible with adjacent land uses
however.'some adverse effects cBn be expected an surrounding area land
use patterns,
3. Industrial development is generally not compatible with either adjacent
or surrounding land uses.
Water
2. Distribution and water main facilities exist to serve industrial
development.
2. Area lacks a water distribution system however, major water main service
i-s avail able or scheduled for construction in the C.I.P.
3, Area lacks a wbter distribution system and has poor access to major water
main service.
Sewer
1. Sewer service exists for industrial developments. Includes
9ravity sewer lines, pump stations and force mains.
2. Area lacks gravity sewer service however, major sewer force main
service is available or scheduled for construction in the C.I.P.
3. Area lacks gravity sewer service and has poor access to inajdr sewer
force mains.
Roads
mpect an the transportation system
Each zone was evaluated for its i
using three factors. 1) Access to the tiorfolk-Virginia Beach Express-
way. rated as either direct, indirect or circuitous. 2) Distance from
the korfolk-Virginia Beach Expressway rated as either close or distent.
3) The c&pbtity of the roadways effected to accommodate existing and
projected traffic rated &S gODd. fair or poor. Access and capacity
were evaluated over existing roads and roads prograffmd in the current
Capital Improvement Pro4r&m. To determine the transportation const.raint
the three factors are combined: Access and distance were assigned a
weight of I and capacity was assigned a weight of 2. The resulting
constraints are as follows:
1. Adequate transportation facilities exist to accomwdate industrial
development.
2. Transportation facilities are inarginal in tems of accommodating
traffic generated by industrial development.
3. Transportation facilities are inadequate in terms Of bCCOMDdating
traffic generated by industrial development.
Drainage
1. Area can be utilized with standard on-site systems and minor im-
provements to iwjor Dutfalls-
2. Area will require moderate drainage improvenents for both on-site
and off-site systems. off-site easements voy be required.
Ae& bas-in&dequate outf&lls or may require exterksive dDWnStreem
3.
improvements. Off-site easements will be required.
reas 5g 6w 7* 8 are chosen as the only areas that,
(a) taken together represent significant developable acreage;
(b) are contiguous both tO one another and to existing industrial areas;
(c) lack any St ificant constraints.
17 -
Item II-I.1
ORDINANCES ITEM 25307
Henry Ruiz, Interim Director, RESORT AR11A ADVISORY COM14ISSION, responded to
Council inquiries.
Upon motion by Councilman Fentress, seconded by Councilwoman Oberndorf,
City Council ADOPTED:
Ordinances granting franchises to conduct mobile
vendor operations and authorizing and directing the
City Manager to execute franchise agreements,
subject to the conditions contained and/or
referenced therein:
a. Beach Smokehouse - 14th Street Stub Street Park
b. Forbes Candies, Inc. - 13th Street Park
c. Resort Vendors of Virginia Beach, Inc. - 20th
Street Stub Street Park.
d. Treats/Michael Porter - 25th Street Stub Street
Park.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creecb
- 17a -
AN ORDINANCE GRANTING A FRANCHISE TO
BEACH SMOKEHOUSE TO CONDUCT A MOBILE
VENDOR OPERATION AT THE 14TH STREET
STUB STREET PARK, AND AUTHORIZING
AND DIRECTING THE CITY MANAGER TO
EXECUTE A FRANCHISE AGREEMENT,
SUBJECT TO THE CONDITIONS CONTAINED
AND/OR REFERENCED HEREIN
WHEREAS, the City has determined that the existence of
mobile vendors along the oceanfront should serve to enhance the
festive atmosphere in the resort area; and
WHEREAS, in an effort to gauge the effectiveness of such
a concept and to evaluate its compatibility with the resort area,
the City has decided to grant a limited number (4) of franchises
for mobile vendor operations to be conducted in the area of four
(4) proposed stub street parks for a period of one (1) year; and
WHEREAS, pursuant to this decision, the City issued a
Request for Proposal and reviewed numerous responses to same; and
WHEREAS, Beach Smokehouse submitted a proposal to the
City and was chosen as one of four (4) successful bidders;
NOW, THEREFORE, be it ordained by the Council of the
City of Virginia Beach, Virginia:
That a Franchise is hereby granted to Beach Smokehouse
to conduct a mobile vendor operation at the 14th Street Stub
Street Park from May 1, 1986 to September 15, 1986, and that the
City Manager is hereby authorized and directed to execute a
Franchise Agreement with Beach Smokehouse, conditioned on
compliance by Beach Smokehouse with all of the terms and
conditions of the Franchise Agreement.
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18 day of April 1986.
RMB/jmh
4/22/86
(D)
17b
AN ORDINANCE GRANTING A FRANCHISE TO
FORBES CANDIES, INC. TO CONDUCT A
MOBILE VENDOR OPERATION AT THE
13TH STREET STUB STREET PARK, AND
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A FRANCHISE
AGREEMENT, SUBJECT TO THE CONDITIONS
CONTAINED AND/OR REFERENCED
HEREIN
WHEREAS, the City has determined that the existence of
mobile vendors along the oceanfront should serve to enhance the
festive atmosphere in the resort area; and
WHEREAS, in an effort to gauge the effectiveness of such
a concept and to evaluate its compatibility with the resort area,
the City has decided to grant a limited number (4) of franchises
for mobile vendor operations to be conducted in the area of four
(4) proposed stub street parks for a period of one (1) year; and
WHEREAS, pursuant to this decision, the City issued a
Request for Proposal and reviewed numerous responses to same;
and
WHEREAS, Forbes Candies, Inc. submitted a proposal to
the City and was chosen as one of four (4) successful bidders;
NOW, THEREFORE, be it ordained by the Council of the
City of Virginia Beach, Virginia:
That a Franchise is hereby granted to Forbes Candies,
Inc. to conduct a mobile vendor operation at the 13th Street Stub
Street Park from May 1, 1986 to September 15, 1986, and that the
City Manager is hereby authorized and directed to execute a
Franchise Agreement with Forbes Candies, Inc., conditioned on
compliance by Forbes Candies, Inc. with all of the terms and
conditions of the Franchise Agreement.
This Ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28th day of April 1986.
RMB/jmh
4/2 2/86
(D)
- 17c -
AN ORDINANCE GRANTING A FRANCRISE TO
RESORT VENDORS OF VIRGINIA BEACH,
INC. TO CONDUCT A MOBILE VENDOR
OPERATION AT THE 20TH STREET STUB
STREET PARK, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE A FRANCHISE AGREEMENT,
SUBJECT TO THE CONDITIONS CONTAINED
AND/OR REFERENCED HEREIN
WHEREAS, the City has determined that the existence of
mobile vendors along the oceanfront should serve to enhance the
festive atmosphere in the resort area; and
WHEREAS, in an effort to gauge the effectiveness of such
a concept and to evaluate its compatibility with the resort area,
the City has decided to grant a liraited number (4) of franchises
for mobile vendor operations to be conducted in the area of four
(4) proposed stub street parks for a period of one (1) year; and
WHEREAS, pursuant to this decision, the City issued a
Request for Proposal and reviewed numerous responses to same;
and
WHEREAS, Resort Vendors of Virginia Beach, Inc.
submitted a proposal to the City and was chosen as one of four
(4) successful bidders;
NOW, THEREFORE, be it ordained by the Council of the
City of Virginia Beach, Virginia:
That a Franchise is hereby granted to Resort Vendors of
Virginia Beach, Inc. to conduct a mobile vendor operation at the
20th Street Stub Street Park from May 1, 1986 to September 15,
1986, and that the City Manager is hereby authorized and directed
to execute a Franchise Agreement with Resort Vendors of Virginia
Beach, Inc., conditioned on compliance by Resort Vendors of
Virginia Beach, Inc. with all of the terms and conditions of the
Franchise Agreement.
This Ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia ]3each,
Virginia, on the 28th day of April 1986.
RMB/jmh
4/22/86
(D)
April 28, 1986
- 17d -
AN ORDINANCE GRANTING A FRANCHISE TO
TREATS/MICHAEL PORTER TO CONDUCT A
MOBILE VENDOR OPERATION AT THE
25TH STREET STUB STREET PARK, AND
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A FRANCHISE
AGREEMENT, SUBJECT TO THE CONDITIONS
CONTAINED AND/OR REFERENCED
HEREIN
WHEREAS, the City has determined that the existence of
mobile vendors along the oceanfront should serve to enhance the
festive atmosphere in the resort area; and
WHEREAS, in an effort to gauge the effectiveness of such
a concept and to evaluate its compatibility with the resort area,
the City has decided to grant a limited number (4) of franchises
for mobile vendor operations to be conducted in the area of four
(4) proposed stub street parks for a period of one (1) year; and
WHEREAS, pursuant to this decision, the City issued a
Request for Proposal and reviewed numerous responses to same; and
WHEREAS, Treats/Michael Porter submitted a proposal to
the City and was chosen as one of four (4) successful bidders;
NOW, THEREFORE, be it ordained by the Council of the
City of Virginia Beach, Virginia:
That a Franchise is hereby granted to Treats/Michael
Porter to conduct a mobile vendor operation at the 25th Street
Stub Street Park from May 1, 1986 to September 15, 1986, and that
the City Manager is hereby authorized and directed to execute a
Franchise Agreement with Treats/Michael Porter, conditioned on
compliance by Treats/Michael Porter with all of the terms and
conditions of the Franchise Agreement.
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of April 1986.
RMB/jmh
4/22/86
(D)
Item II-I.2.
ORDINANCES ITEM 25308
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council ADOPTED:
Ordinance to amend and reordain Section 21-441 of
the Code of the City of Virginia Beach pertaining to
operation on private property; compliance with
registration and licensing requirements for
motorcycles and other motorized vehicles.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
A ril 28 1986
- 18a -
Requested by: Councilman H. Jack Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-441 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO OPERATION ON PRIVATE PROPERTY;
COMPLIANCE WITH REGISTRATION AND
LICENSING REQUIREMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-441 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 21-441. Operation on private property; compliance
with registration and licensing requirements.
(a) It shall be unlawful for any person to operate or
permit to be operated any motorcycle, minibike, trail bike, motor
scooter or other form of two (2) or more wheeled transportation
propelled by an internal combustion engine, upon the private
property of another, unless autherieed-by the operator of said
vehicle has in his possession written authorization from the
property owner or his agent.
(b) It shall be unlawful for any person to operate any
motorcycle, minibike, trail bike, motor scooter or other form of
two (2) or more wheeled transportation propelled by an internal
combustion engine, which does not comply with registration and
licensing requirements of this chapter and state law, on the
public highways of this city or upon the driveways or premises of
a church, school, recreational facility or business property open
to the public, unless autherited-by the operator of said vehicle
has in his possession written authorization from the property
owner or his agent.
(c) The owner of any privately owned property desiring
enforcement upon his property of any provision of this section
shall notify the chief of police or his authorized designee. and
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of April 1986.
E jmh
- 19 -
Item II-I.3
ORDINANCES ITEM # 25309
The following spoke in SUPPORT of the LEASH LAW:
Attorney William Harris, resident of Forty-fourth Street
Attorney Bruce Murphy distributed copies of Article XI, CONSERVATION,
exerpt from the Code of Virginia, a Memorandum form Chief Wall to the
City Manager dated Janury 30, 1986 concerning DOGS ON THE BFACH; and a
letter from the Chairman of Animal Control, Advisory Committee, C. Gordon
Smith, to Councilmen Robert Fentress and H. Jack Jennings, Jr. requesting
changing the existing City Law (Section 6-5 - Dogs on Beach). (Said
documents are hereby made a part of the record.)
The following spoke in OPPOSITION:
Elizabeth Sills, retired Director of the SPCA and resident of Eighty-sixth
Street
Lee Carruth, resident of Gosnold Court
Jack B. Stokes, resident of Atlantic Avenue
The City Clerk advised of a list of individuals who telephoned the City
Clerk's office in SUPPORT and OPPOSTION to the LEASH LAW. (This list is
hereby made a part of the record.)
Councilman Jennings advised of a Status Sheet entailing various Beach
Resorts on the East Coast and their regulations concerning DOGS ON THE
BEACH. (Said Survey is hereby made a part of the record).
Mr. Jennings distributed a copy of an Ordinance to Amend and Reordain
Section 6-5 of the Code of the City of Virginia Beach, Virginia, pertaining
to DOGS ON BEACH. (Copies of said Ordinance are hereby made a part of the
record.)
William Clarke, Superintendent of Animal Control, responded to City
Council's inquires and reiterated the details of enforcement required by
his staff.
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council DEFERRED for two weeks until the City Council Meeting of May
12, 1986:
Ordinance to amend and reordain Section 5-73(A) of
the Code of the City of Virginia Beach, pertaining
to keeping dogs under restraint: leash law.
The City Attorney was instructed to merge the two Code Amendments, Section
6-5 and Section 5-73(A) into one cohesive Ordinance.
20 -
Item II-I.3
ORDINANCES ITEM 25309 (Continued)
Voting: 7-3
Council Members Voting Aye:
Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Robert G. Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Nancy A. Creech
- 21 -
Item II-J
CONSENT AGENDA ITEM # 25310
Upon motion by Cou,@icilman Baum, seconded by Councilman McCoy, City Council
APPROVED in ONE MOTION the ADD ON and Items 2, 3, 4, 5, 6 and 7.
Item #1 was DEFERRED INDEFINITELY
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
*Vice Mayor McClanan voted a VERBAL NAY on Item #4
- 22 -
Item II-J.a.
CONSENT AGENDA ITEM # 25311
ADD-ON
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED a RESOLUTION IN RECOGNITION to:
HARRY R. PURKEY, SR.
DEVELOPMENT AUTHORITY
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
-22a
WHEREAS,. The history of America is one of a nation of people helping other
people - joining together to build a better society - dedication and
commitment;
WHEREAS: Life is so unpredictablet No day comes backi Life is short at
bestl That which makes life most worth living is the sure knowledge that we
ourselves have fulfilled our purpose, met our obligation to our fellow citizens
and can be satisfied we have done our best;
WHERF.AS: Harry R. Purkey served on the DEVELOPMENT AUTHORITY from September
1, 1983 through December 31, 1985. Throughout these two years his dedication
and unselfish service have involved personal sacrifices and inconveniences, not
only to him but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold dollars, but
more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here
assembled this Twenty-eighth day of April, Nineteen Hundred Eighty-Six, on behalf
of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to:
han eal,
April 28, 1986
- 23 -
Item 11-J.1
CONSENT AGENDA ITEM # 25312
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
DEFERRED INDEFINITELY:
Resolution authorizing the City to proceed with
relocated access improvements to the Virginia Beach
Campus of Tidewater Community College frora Princess
Anne and Rosemont Roads.
Voting: 10-0
Council Members Voting Aye;
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 24 -
Item II-J.2
CONSENT AGENDA ITEM # 25313
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED,
Ordinance to amend and reordain Chapter 35 of the Code
of the City of Virginia Beach, Virginia, by amending
Section 35-47 pertaining to application for
classific-ation and assessment generally. (Real Estate
t-xation)
Voting: 10-0
Council Members Voting Aye;
John A. Baum, 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:
Nancy A. Creech
- 24a -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 35 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY
AMENDING SECTION 35-47 PERTAINING
TO APPLICATION FOR CLASSIFICATION
AND ASSESSMENT GENERALLY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Chapter 35 of the Code of the City of Virginia
Beach, Virginia, pertaining to application for classification and
assessment generally is hereby amended and reordained to read as
follows:
Section 35-47. Application for classification and assessment
generally.
(a) The owner of any real estate meeting the criteria
set forth in sections 58-769.5 (58.1-3230] and 58-769.7(b)
[58.1-32331 of the Code of Virginia shall submit an application
for taxation on the basis of a use assessment to the city real
estate assessor, within thirty (30) days after his notice of
increase in assessment is mailed, or by May first, whichever is
later. Such application shall be on forms provided by the state
department of taxation and supplied by the city real estate
assessor and shall include such schedules, photographs, drawings
and additional information as may be required by the city real
estate assessor. A separate application shall be filed for each
use for which qualification is sought.
Applications may be filed no more than sixty (60) days
after the filing deadline specified herein, upon the payment of a
late filing fee of Ten Dollars ($10.00).
(b) Those property owners who previously made
application or revalidations for 1977 shall be required to
revalidate that approved application or revalidation by June 30,
1977. Thereafter, property owners must revalidate annually any
previously approved application with the real estate assessor no
later than June 5. on forms prepared by the city real estate
assessor and approved by the city council.
- 24b -
Revalidation forms may be filed after June 5, but no
later than July 1, upon the payment of a late filing fee of Ten
Dollars ($10.00).
(c) An application shall be submitted under this section
whenever the use or acreage of such land previously approved
changes, except when a change in acreage occurs solely as the
result of a conveyance necessitated by governmental action or
condemnation of a portion of any land previously approved for
taxation on the basis of use assessment.
Adopted this 28 day of April 1986,
by Council of the City of Virginia Beach, virginia.
WCB/rab
4/11/86
(E)
APPROVED AS TO CONTENT@
SIC,'4ATURE
DE?Ar@T@,@ENT
AP@, YVED AS TO LECAL
-2-
ril 28 1986
- 25 -
Item II-J.3
CONSENT AGENDA ITEM # 25314
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance declaring certain property EXCESS, (property
of Doris U. Centrone) and authorizing the City Manager
to dispose of same. (Utilities Pump Station site on
Haygood Point Road, Bayside Borough)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
25a
AN ORDINANCE DECLARING CERTAIN PROPERTY
EXCESS AND AUTHORIZING THE CITY MANAGER TO
DISPOSE OF SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA.
WHEREAS, the City of Virginia Beach acquired ownership
of the following described property by deed recorded in Deed
Book 1411, at page 498, and
WHEREAS, the City Council is of the opinion that the
following described property is in the excess of the needs of
the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA;
1. That the following described property is hereby
declared to be in excess of the needs of the City
of Virginia Beach and that the City Manager is
authorized to convey said property in the manner
he deeins in the best interest of the City of
Virginia Beach reserving therein any and all
easements pertaining thereto.
All that certain lot, tract or
parcel of land together with
improvements thereon belonging,
lying, situated and being in the
City of Virginia Beach, Virginia
and designated and described as;
"PROPERTY TO BE CONVEYED AREA =
1024 SQ. FT." as shown on that
certain plat entitled: "PLAT
SHOWING PROPERTY TO BE CONVEYED
TO DORIS U. CENTRONE, WIDOW FROM
THE CITY OF VIRGINIA BEACH
BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA BUREAU OF SURVEYS AND
MAPPING ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY
OF VIRGINIA BEACH, VIRGINIA
DATEi MAY 10, 1985 SCALE: 1" =
251." Said plat is attached
hereto and to which reference is
made for a more particular
description.
- 25b -
It being a portion of the land
conveyed to the City of Virginia
Beach, Virginia by Haygood Point
Corporation, a Virginia
Corporation by deed recorded in
Deed Book 1411, at page 498 in
the clerk's office of the Circuit
Court of the City of Virginia
Beach, Virginia.
2. The property described above shall be assembled
with the propety adjacent thereto and owned by
Doris U. Centrone, widow. Furthermore, the
eastern boundary line of the parcel to be conveyed
shall be vacated so that the parcel adjacent
thereto and currently owned by Doris U. Centrone,
widow shall be incorporated into one lot.
3. This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
28th April
on the day of 1986.
A,"ROVED AS TO CO,"4T-Liil
AF
Cl -Y AT-;,-'-: @@Y
NOTE: Three fourths vote of
Council is required.
THIS DEED, inade tliis of
19-1 by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, hereinafter
referred to as "Grantor" party of the first part, and DORIS U.
CENTRONE, widow, hereinafter referred to as "Grantee" party of
the second part:
WITNESSETli
That for and in consideration of the sum of ten
dollars ($10.00) cash in hand paid, and other good and valuable
considerations, the receipt of which is hereby acknowledged, the
said Grantor does hereby sell, assign, transfer and convey with
Special Warranty unto the said Grantee, the following described
property situated in the City of Virginia Beach, Virginia to
wit:
All that certain lot, tract or parcel of
land togetlier with improvements thereon
belonging, lying, situated and being in the
city of Virginia Beach, Virginia and
designated and described as: "PROPERTY TO BE
CONVEYED AREA = 1024 SQ. FT." as shown on
that certain plat entitled: "PLAT SHOWINC
PROPERTY TO BE CONVEYED TO DORIS U.
CENTRONE, WIDOW FROM THE CITY OF VIRGINIA
BEACH BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA BUREAU OF SURVEYS AND MAPPING
ENGINEERING DIVISION DEPARTMENT OF PUBLIC
WORKS CITY OF VIRGINIA BEACH, VIRGINIA
DATE: May 10, 1985 SCALE: 1" = 25'." Said
plat is attached hereto and to wh i cli
reference is made for a more particular
description.
Save and except frofti the above describe(]
property, permanent easement rights over the
northern portion of the property to be
conveyed, designated and described on the
aforementioned plat as: "PERMANENT DRAINAGE
EASEMENT TO BE RETAINED BY THE CITY OF
VIRGINIA BEACII AREA = 295 SQ. FT.".
Furthermore, tl)e property described above
shall be asseinbled with the property
adjacent thereto and owned by Doris U.
Centrone, widow. The eastern boundary line
of the parcel to be conveyed shall be
vacated so that the parcel adjacent thereto
and currently owned by Doris U. Centrone,
widow, shall be incorporated into one lot.
It being a portion of tlie land conveyed to
the City of Virginia Beach, Virginia by
Ilaygood Point Corporation, a Virginia
Corporation by deed recorded in Deed Book
1411, at page 498 in the Clerk's Office of
the Ciruit Court of the City of Vir(lini-a
Beach, Virginia.
This conveyance is made subject to any covenants,
conditions, restrictions and easements in the chain of title
constituting const.ructive notice.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
By:
Thomas H. Muehlenbeck
City Manager
Ruth Hodges Smith
City Clerk
STATE OF
CITY OF to-wit.
I, a notary public in and
for the city and state aforesaid, do hereby certify that DORIS
U. CENTERONE whose naine is signed to the foregoing writi.rig,
bearing date the day of
i 19 have acknowledged same before me in my city and state
aforesaid.
Given under my hand this of
19
--W&ta-ri-@bf-ic@
My Commission Expires.
"ROVEI) AS TO CONTENT
HAYGOOD POINT
SECTION 2
BLOCK 0
LOT I S 03'16 F)
NOWt OR FORMERLY 3.6
DONALD W ELIZABETH C. DOWNS
DB 1567p.615
MB iO6 p 4
STATION LOCATION MAP Scaie:l"=2640-
Y OF
VIRGINIA BEACH
1411 p.498
MAINING AREA
4,772. Sq
EL
0
0
-A
LOT 6
OW OR FORMERLY
RIS U.CENTRONE
PERMANENT DRAINAGE EASEMENT widow
TO BE RETAINED BY THE CITY OF VIRGINIA BE)
AREA= 295 Sq. Ft. DB 1183p.508
WB 50 p.230
MB 84 p. 42
VN DENOTES PROPERTY TO BE CONVEYED
0
AREA = 1024 Sq Ft 12 -i5 w
PROPERTY TO BE
CONVEYED
AREA= 1024 Sq.Ft.
DATE:
PUBLf WGRKS ITY OF VIRGINIA BEACH, VIRGINIA
_. __@C
DATE:
DIRECTOR F ES,CITY OF VIRGINIA BEACH,IVIRCAIA
Pin
DATE:
6P gt)lkv'tys and@mAppiNG, CITY OF VIRGINIA-SEACH,VIRGINI
KE SMITH
ESTATES
LOT 7
NOTE@ MERIDIAN SOUFTCE BASED ON PLAT ENTITLED " SUBDIVISION OF MB 84 p.42
HAYGOOD POINT SECTION TWO" Mop Book 106 p. 46
RMW Date: @Y 17,1985
PLAT SHOWING
PROPERTY TO BE COTJVEYED TO
DORIS U. CENTRONE widow
FROM THE
CITY OF VIRGINIA BEACH
BAYSIDE @UGH VIRGINIA BEACH, VIRGINIA
BUREAU OF SURVEYS aridMAPPING
ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS
CITY OFVIRGINIA BEACH,VIRGINIA
LDate: MAY 10, 1985 , @cale: I 2 5' Drown By. SM FieldBook: T-85,-File: VERTICAL
- 26 -
Item II-J.4
CONSENT AGENDA ITEM # 25315
Upon motiori by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to transfer $32,000.00 to finance the
Landstown Municipal Property Naster Plan Study and to
authorize the execution of the consultait contract.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
*Vice Mayor Reba S. McClanan
Council Members Absent:
Nancy A. Creech
*VERBAL NAY
26a-
0
z
AN ORDINANCE TO TRANSFER APPROPRIATIONS
0 TO FINANCE THE LANDSTOWN MUNICIPAL
PROPERTY MASTER PLAN STUDY AND TO
til AUTHORIZE THE EXECUTION OF THE
>
0 CONSULTANT CONTRACT
the city owns approximately 105 acres of property between
the Public Works/Public Utilities Maintenance Facility and Tidewater Community
College, and
WHEREAS, a portion of this property is to be used for a refuse
transfer station, and
WHEREAS, in order to assure compatibility of the transfer station
with future use of the remaining city property, a master plan should be developed
for the entire parcel to include the exact location of the transfer station and
recormnended uses for the remainder of the property, and
WHEREAS, the financing of the master plan study, estimated at
$32,000, may be provided by the transfer of appropriations from the General Fund
Reserve for Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRGINIA that appropriations in the amount of $32,000 be
transferred from the General Fund Reserve for Contingencies to fund the Landstown
Municipal Property Master Plan Study, and
BE IT FURTHER ORDAINED that the City Manager is hereby authorized
to enter into a consultant contract for the master plan study.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Twenty-eighth day of April 1986.
CAC/2 ORD8
April 28, 1986
27 -
Item II-J.5
CONSENT AGENDA ITEM 25316
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to transfer funds of $1,111.50 from General
Fund's Reserve for contingencies to the Police
Department for reimbursement of legal expenses incurred
by a city employee in the performance of his duties.
Voting; 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
- 27a -
AN ORDINANCE TO TRANSFER FUNDS OF
$1,111.50 FROM GENERAL FUND-S
RESERVE FOR CONTINGENCIES TO THE
POLICE DEPARTMENT FOR
REIMBURSEMENT OF LEGAL EXPENSES
INCURRED BY A CITY EMPLOYEE IN
THE PERFORMANCE OF HIS DUTIES
WHEREAS, a Virginia Beach Police Officer was charged
with improper behavior while performing his duties; and
WHEREAS, the employee incurred legal fees of $1,111.50
preparing his defense; and
WHEREAS, the General District Court found the employee
not guilty; and
WHEREAS, the employee is seeking reimbursement from the
City for his legal fees in accordance with Section 15.1-131.6,
Va- Code Ann.; and
WHEREAS, City Council considers this request reasonable
and proper,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
That funds of $1,111.50 be transferred from the General
Fund's Reserve for Contingencies to the Police Department for
legal fees involving the above incident.
This Ordinance shall become effective upon the date
of its adoption.
Adopted this 28 day of April 1986, by the
Council of the City of Virginia Beach, Virginia.
WEB/dga
4/15/86
APPROVED AS TO CONTE!@!-'
APPROVEP AS
MCY
C]tNU,&.TT- -'@EY I
A ril 28 1986
- 28 -
Item II-J.6
CONSENT AGENDA ITEM # 25317
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED the APPOINTMENT OF VIEWERS:
Ordinance closing, vacating, and discontinuing a
portion of that certain piece or parcel of land
situate,lying and being in the City of Virginia Beach,
State of Virginia, designated as that twenty feet Of
20th Street adjoining on the south that property known
as Lot 17, Block 42, Plat No. 2, of Part of the
Property of the Virginia Beach Development Company.
(Kempsville Borough) Virginia Beach, Virginia, in the
petition of Sir Richards Partners (Virginia Beach
Borough).
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting; 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
April 28, 1986
- 28a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, SIR RICHARDS PARTNERS has given due and
proper notice in accord with law that it would, on the 21st
day of April , 1986, apply to the City Council of the
City of Virginia Beach, Virginia, for the appointment of
viewers to view the below-described portion of 20th Street
in Virginia Beach Borough, in the City of Virginia Beach,
Virginia, and to report in writing to this Council whether,
in the opinion of said viewers any, and if any, what
inconvenience would result from the discontinuance, closure
and abandonment of said portion of 20th Street; and
WHEREAS, such application has been properly filed
with this Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia, that C. Oral Lambert,
Jr.; Robert J. Scott and David Grochmal be
and each of them is hereby appointed to view that certain
portion of 20th Street as shown on survey entitled "Physical
Survey of Lot 17, Block 42, Virginia Beach Development Co.,
Plat No. 2 (M.B. 1. p. 20B) for SIR RICHARDS PARTNERS",
Virginia Beach Borough, Virginia Beach, Virginia, made by
John E. Sirine And Associates, Ltd., dated December 14,
1984, and recorded in said Clerk's Office in Deed Book 2380,
at page 2181, and said viewers shall report in writing to
GI?OVI-'R C. WRIGIIT, JR.
- 28b -
this Council on or before , 1986, at
2:00 p.m., whether in their opinion any, and if any, what
inconvenience would result to the public from the
discontinuance, vacation and abandonment of said portion of
20th Street.
ADOPTED: April 28, 1986
28c -
IN THE MATTER OF THE APPLICATION OF
SIR RICHARDS PARTNERS, FOR THE CLOSURE,
VACATION AND DISCONTINUANCE OF A
PORTION OF 20TH STREET, IN VIRGINIA
BEACH BOROUGH, ON SURVEY ENTITLED
"PHYSICAL SURVEY OF LOT 17, BLOCK
42, VIRGINIA BEACH DEVELOPMENT CO.
PLAT NO. 2 (M.B. 1, P. 20B) FOR
SIR RICHARDS PARTNERS, VIRGINIA BEACH
BOROUGH-VIRGINIA BEACH, VIRGINIA"
PETITION
TO: The City Council of the
City of Virginia Beach,
Virginia Beach, virginia
Your petitioner, the applicant, Sir Richards
Partners, who owns that twenty feet of 20th Street adjoining
on the south that property as shown on that certain survey
entitled "Physical Survey of Lot 17, Block 42, Virginia
Beach Development Co. Plat No. 2 (M.B. 1, p. 20B) for SIR
RICHARDS PARTNERS, Virginia Beach Borough-Virginia Beach,
Virginia", dated December 14, 1984, hereby applies for the
vacation, closing and discontinuance of that portion of 20th
Street shown on the aforesaid survey.
Your petitioner and applicant alleges that no
inconvenience will result to the public by reason of said
closure and asks that Council appoint viewers as provided by
law to view the said portion of 20th Street sought to be
closed and report in writing to the Council as to whether in
the opinion of the viewers what inconvenience, if any, would
result from the discontinuance and closure as herein sought,
GROVER C. WI?IGIIT,,JR.
- 28d -
at which time the petitioner will ask for passage of an
ordinance vacating the portion of 20th Street sought to be
closed herein.
On April 1 1986, and on April 11
1986, notice of intention to apply for such vacation to the
Council was published as required by law in the BEACON, a
newspaper published or generally circulated in Virginia
Beach, Virginia.
Respectfully submitted,
SIR RICHARDS PARTNERS,
a Virginia Partnership
By : ;; , 4 - @- r,
T oMaS E. Coghil-I
@rove-r'C; Wr@t,@@
P. 0. Box 51
Virginia Be@ac@, VA 23458
28e -
January 9, 1986
CERTIFICATE OF VESTING OF TITLE
I, Grover C. Wright, Jr., attorney for Sir
Richards Partners, do hereby certify that:
1. I am an attorney at law and represent Sir
Richards Partners, the petitioner.
2. If the property described below is dis-
continued, closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said property will
vest in the adjacent landowner, Sir Richards Partners.
The said property referred to herein is hereby
described as follows:
All that certain piece or parcel of land
situate, lying and being in the City of
Virginia Beach, State of virginia, designated
as that twenty feet of 20th Street adjoining
on the south that property known as Lot 17,
Block 42, Plat No. 2, of Part of the Property
of the virginia Beach Development Company,
which plat is recorded in the Clerk's office of
the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 1, at page 20 B; said
twenty feet of 20th Street being shown on that
certain survey entitled "Physical Survey of Lot
17, Block 42, Virginia Beach Development Co.
Plat No. 2 (M.B. 1. p. 20B) for SIR RICHARDS
PARTNERS, Virginia Beach Borough-Virginia Beach",
by John E. Sirine and Associates, Ltd., dated
December 14, 1984, and recorded in said Clerk's
Office in Deed Book 2380, at page 2181; said
strip being bounded on the east by the southern
20 feet of that property now owned by The Capes
Hotel, Inc., formerly known as Dundee, Inc.,
as shown on said survey.
-Grover C. wright) Jr.
GRO','rlt C. IVRIGIIT,,Ilt.
@TTII ... V .,I.1 @T .1@,
- 29 -
Item II-J.7
CONSENT AGENDA ITEM # 25318
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance authorizing license refunds in the amount of
$1,908.61 upon application of certain persons and upon
certification of the Commissioner of Revenue for
payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
F.H. @l, C... 29a -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT OHDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Th,it the tollowing applications for license refunds, upon certification of the Commissioner of the
Reveliue art3 hureby approved:
NAME L icense Date Base Penalty lnt. Total
Year Paid
Gordc,n, Annie R.
T/A A & L Construction
3656 North Landing Rd.
Va. Beacii, VA 23456 1984 Audit 40.00 40.00
Kaylor, Stuart A.
T/A Kaylor Mechanical Service Co.
464 N. Battlefield Blvd.
Chesapeake, VA 23320 1984 Audit 31.81 31.81
McDonough, Robert A.
T/A McDoiiough Media
2101-B Old Greenbrier Rd.
Chesapeake, VA 23320 1985 Audit 13.20 13.20
Certified as to Payinent:
n
This ordinaiice shall be effective from date of
adoptioti.
The above ibdtement(s) totaling---@8 .-Ol- were approved by the Council
28 April
of the City of Virginia Beach on the day of 19 _-86
Ruth Hodges Smith
City Clerk
- 29b -
l@G.. NO. 1:@A a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ttiat the tollowing applications for license refunds, upon certification of the Commissioner of the
Revenue are h(areby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Anderson, Steve & Thacker, S. W.
T/A A & T Automotive Services
2312 Court Circle
Va. Beach, VA 23456 1982/85 Audit 99.10 99.10
Best, David W.
T/A Best Impressions
1127 @'irst Colonial Road
Va. Beach, VA 23454 1985 Audit 22.95 22.95
D. D. lfill Co., Inc.
c/o David A. Vigil, II, Pres.
3482 River North Drive
San Antoiiio, TX 78230 1985 05/20/85 480.00 APO.00
Certified as to Payment:
U@z@.be@ P. Vaughan
Commissioner of Revenue
n
This ordinance shall be effective from date of
adoption.
The above abateinent(s) totaling -.. $602 . 05 ____ were approved by the Council
of the City of Vii,ginia Beach on the--28 day of April 19 86
Ruth Hodges Smith
City Clerk
IO.M N@,. @, A
29c -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
bi- IT OIIDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That tl,L@ following applications for license refunds, upon certification of the Commissioner of tile
Revenuu are lioruby appioved:
NAME License Date Base Penalty lnt. Total
Year Paid
kip's spcirts EIuipment, Iric.
21 Old GreLit Nuck Rd., S-3
a. Beacli, VA 23454 1985 Audit 333.10 333.10
WS Investors, Inc.
/A Litt.le Bavaria
97 Brentwater Road
a. BE@acii, VA 23452 1985 Audit 556.85 556.85
idewater r4c--plii:C)loqy Ltd.
127 First Colonial Road
a. Beach, VA 23454 1985 Audit 331.60 331.EO
Cei-tified as to Payment:
4
Commissioner of RevenLie
ApprovAas to
This ordiiiaiice shill be effective from date of
adoption.
The above abateiflent(s) total ing,,.$-l were approved by the Council
of ttie City ct Virgiiiia Beach c)n the __ __29 day of Apr,il 19 86_____,,.
Ruth liodges Sinith
City Clerk
- 30 -
Item II-K.1
UNFINISHED BUSINESS ITEM # 25319
The City Manager advised a satisfactory PROPOSAL concerning the DREDGING
related to the SAND BAR in RUDEE INLET had been received. This Dredge,
however, would not be available until May Seventh.
The City Engineer has performed a survey and determined this would be the
only dredge available at tbis particular time.
The City Manager recommended INDEFINITE DFFERRAL of Cou,cills consideration
of the EMERGENCY situation at RUDEE INLET as the City Attorney's Opinion
reflected City Council did not have to be involved in said DECLARATION OF
EMERGENCY.
In compliance with City Code, Section 1411 (Appendix A - Zoning), the City
Manager is Authorized to Declare an Emergency for sand grading activities
on nonegetated wetlands located on the Virginia Beach shoreline.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council REMOVED from the AGENDA:
RUDEE INLET
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
- 31 -
Item II-K.2
UNFINISHED BUSINESS ITEM # 25320
A MOTION was made by Councilman Baum, seconded by Councilman McCoy to
AUTHORIZE the City Manager to proceed with the Agreement with the United
States Department of Military Affairs for payment of use of the beach and
parking areas on Camp Pendleton property of at least 600 feet or as may be
expanded.
A SUBSTITUTE MOTION was made by Councilman Jennings to DEFER for one week
until the City Council Meeting of May 5, 1986, Authorization of the City
Manager to proceed with the Agreement with the United States Department of
Military Affairs for payment of use of the beach and parking areas on CAMP
PENDLETON property. This MOTION failed for lack of a SECOND.
Councilman Jennings requested DEFERRAL to enable Delegate Owen Pickett to
appeal to the GOVERNOR to allow utilization of 800 feet of Beach on CAMP
PIQWLETON.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
AUTHORIZED the City Manager to proceed with AGREEMENT with the United
States Department of Military Affairs for payment of use of the beach and
parking areas on Camp Pendleton property of at least 600 feet or as may be
expanded.
Voting: 9-1
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:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
A ril 28 1986
- 32 -
Item II-K.3
UNFINISHED BUSINESS ITEM # 25321
ADD-ON
BY CONSENSUS, City Council SCHEDULED for the City Council Meeting of May
12, 1986:
An Ordinance to Amend and Reordain Article 11,
Section 1100 and to Repeal Sections 1120, 1121 and
1122 of the Comprehensive Ordinance pertaining to
PD-RI and PD-H2 PLANNED UNIT DEVELOPMENT DISTRICTS.
A ril 28 1986
33 -
Item II-K.4
UNFINISHED BUSINESS ITEM # 25322
ADD-ON
Councilwoman Henley referenced the GREEN LINE Study and the service areas
involved. Councilwoman Henley advised the GREEN LINE STUDY seems to denote
the impression same could be moved according to the service areas, but the
City does not totally have control because of certain zonings now in place.
This particular query has not been addressed but hopefully will be.
Director of Planning, Robert Scott, reiterated if Council's MORATORIUM is
lifted, Staff then must assume there is a certain amount of acreage
available for a certain rate of growth. When the City Council makes a
decision concerning the GREEN LINE, Council may wish to RECONSIDER the
exact definition of the GREEN LINE. Should growth begin to occur in some of
the areas already zoned for development, then the City wish to provide
capital facilities to offset the impact of said growth, but not to the
extent of encouraging more rezonings.
Councilwoman Henley advised this would dictate what is going to be in the
CAPITAL INPROVEKENT PROGRAM. If development occurs, the City would have to
provide the services.
Director of Planning, Robert Scott, advised if the MORATORIUM is lifted,
the necessity for capital facilities is going to result. This
determination is made by where growth occurs in the approximately 4,000
acres, how much growth occurs and how quickly it occurs. These three
factors will determine what types of capital faciliies, if any, are going
to be needed in any particular time period.
City Staff has scheduled for late May or early June for response to
Council's inquiries concerning the immediate issues involving the
LINE.
Councilwoman Henley expressed concern for access roads to the FOX FIRE
Subdivision. Councilman Baum referenced COURTHOUSE ESTATES and the problems
arising from that development. The Model being developed for the GREEN
LINE should also address this particular issue.
- 34 -
Item II-K.5.
UNFINISHED BUSINESS ITEM # 25323
ADD-ON
Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City
Council RATIFIED the EXECUTIVE SESSION discussion of @ ESTATE (Publicly
Held Property) and LEGAL MATTERS.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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:
Nancy A. Creech
*Verbal Aye
- 35 -
Item II-L.1
NEW BUSINESS ITEM # 25324
ADD-ON
Councilman Jennings referenced the Boating Accident at Rudee Inlet on
Sunday, April 20, 1986. The Boat Owner, Eric Barefoot, and his passengers:
Ed Risinger, Richard Marshall accompanied by his son, Joseph, and daughter,
Diane, were rescued by SURFEP.S:
John Coates
(Employee with the Virginia Beach Parks and Recreation Department)
Britt Simon
Patrick Dunthorn
John Krawczyk
Councilman Jennings further advised of a Surfer, Tim McCarthy, in distress
on Sunday, April 20, 1986, who was rescued by SURFEPS:
Crockett Tavlick
Drew Katabien
Councilman Jennings had requested the VIRGINIA BEACH SAFETY COUNCIL
consider the aforementioned for LIFE SAVER AWARDS.
April 28, 1986
- 36 -
Item II-L.2
NEW BUSINESS ITEM # 25325
ADD-ON
Councilwoman Henley advised the PUNGO STRAWBERRY FESTIVAL will be
celebrated in Virginia Beach, Virginia, on May Twenty-fourth and May
Twenty-fifth.
As Councilwoman Henley is involved in her family business of harvesting and
selling strawberries, she has declined to discuss and will not be involved
in certain decisions being made by City Officials regarding said EVENT.
- 37 -
Item II-M.
RECESS ITEM # 25326
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, and BY
ACCLAMATION, City Council RECESSED to Wednesday, April 30, 1986, at 1:00
P.M., for PRESENTATION AND ACCEPTANCE OF BIDS on $37,700,000 General
Obligation Public Improvemeut Bonds, and $6,080,000 General Obligation
Water & Sewer Bonds, Series of 1986, after which to adjourn. (10:50 P.M.)
April 28, 1986