DECEMBER 9, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
CrTY COUNCIL
MA YOR HAROLD AMSCHOBF-T At
VICE-MA YOR REBA S. VCCLANAN, P-.. A- @k
JOHN A. DAUM. Bi.@@ @h
NA,VCY A. CRESCH. A@ L"
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BARRARA M. @. @ @h
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LOUIS R. JONES, B.,@ B-gh
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J HENRY MCOY. JR.. K-p@ @k
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RUTH HODGES SMrrE. CMC, Cily Cl-k CITY COUNCIL AGENDA MUNICIPAL CEN=
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December 9, 1985
Virginia Beach City Council
BRIEFING - Council Chambers - 11:00 AM
Haster Street and Highway Plan and Green Line Study
Harland Bartholomew and Associates
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 FM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend Jerry Holcomb
Kings Grant Baptist 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 14ATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of December 2, 1985
G. PUBLIC HEARING
1. DERGENCY SAND GRADING PERMITS: SANDBRIDGE
H. PLANNING - REQUEST FOR WAIVER
1. Request for waiver of a condition imposed upon the
application of Virginia Beach Federal Savings & Loan
Association for a change of zoning from R-4 Residential
District to 0-1 Office District on a 3.6-acre parcel
located on the west side of First Colonial Road north of
Wolfsnare Road (Lynnhaven Borough), approved by City
Council March 17, 1980.
DEFERRED by City Council November 25, 1985.
I. PLANNING BY CONSENT
1. Application of Ira V. Jozies for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance,
on a 1.973-acre parcel located at 5668 Morris Neck Road
(Pungo Borough).
Recoinmendation. APPROVAL
2. Application of Virginia Beach Grace Brethren for a
conditional use permit for a church on a 4.36-acre parcel
located on the west side of Sale@Road, 400 feet, more or
less, north of Zodiac Lane (Kempsville Borough).
Recommendation: APPROVAL
3. Application of Colonial Baptist Church for a conditional
use permit for a church addition (classrooms and gymnasium)
on a 10-acre parcel located on the west side of Centerville
Turnpike, 970 feet south of Lynnhaven Parkway at 2221
Ceriterville Turnpike (Kempsville Borough).
Recommendation: APPROVAL
4. Application of Virginia Beach Arts Center for a conditional
use permit for a commercial parking lot on a 30,000-square
foot parcel situated at the southeast corner of 18th Street
and Arctic Avenue at 1711 Arctic Avenue (Virginia Beach
Borough).
Recommendation: APPROVAL
5. Application of Darrell E. and Janie A. Nichols for a change
of zoning from R-5 Residential District to AG-2
Agricultural District on a 1.18-acre parcel situated on the
north side of Indian River Road, 1,230 feet, more or less,
northwest of Elbow Road at 4468 Indian River Road
(Kempsville Borough).
Recommendation: APPROVAL
J. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Sandra Lane in the petition of S and C Company. Applicant
requests further extension for compliance (Kempsville
Borough).
Recommendation: GRANT FINAL EXTENSION
2. Application of Harry S. and Jean W. Rogers for a variance
to Section 4.4(b) of the Subdivision Ordinance, which
requires that lot dimensions conform to the Comprehensive
Zoning Ordinance on property located at 5613 Normandy
Avenue (Kempsville Borough).
Recommendation: DENIAL
DEFERRED by City Council NoveTnber 18, 1985.
3. Application of Virginia B. West for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance,
on a 84,360-square foot (1.937-acre) parcel located at 328
Chesopeian Trail (Lynnhaven Borough).
Recommendation: APPROVAL
4. Application of Victoria L. Brehm for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance,
on an undeveloped 20,000-square foot (.459-acre) parcel
located at the southeri terminus of Prince Phillip Drive
(Lynnhaven Borough).
Recommendation: DENIAL
5. Application of D & P Associates for a conditional use
permit for a home for adults on a 1.475-acre parcel located
on the west side of Edwin Drive, 150 feet south of
Expressway Drive (Kempsville Borough).
Recommendation: NONE DUE TO TIE VOTE
6. Application of Eleanor E. Witham for a conditional use
permit for an automobile body repair shop on a 31,798-
square foot parcel situated on the east side of First
Colonial Road, 400 feet, more or less, south of Virginia
Beach Boulevard at 227 First Colonial Road (Lynnhaven
Borough).
Recommendation: APPROVAL
7. Application of Paul G. and N. Jean Davidson for a
conditional use permit for a home for the aged on a
15,000-square foot parcel situated on Lot 8, Sites A and B,
North Bellwood Park at 1283 and 1285 Credle Road (Lynnhaven
Borough).
Recommendation: DENIAL
8. Application of Twin B Auto Parts, Inc. for a conditional
use permit for automobile parts sales on a 13,500-square
foot parcel situated on Lots 17 and 19, Block 29, Virginia
Beach Development Company, at 1701 Baltic Avenue (Virginia
Beach Borough).
Recommendation: APPROVAL
9. Application of John D. and Diane 14itchell, Sr. and N. P.
Simpson, III for a change of zoning from A-1 Apartment
District to B-4 Resort-Commercial District on a 7,000-
square foot parcel situated on Lot 17, Block 23, Virginia
Beach Development Company, at 317 16th Street (Virginia
Beach Borough).
Recommendation: APPROVAL
10. Application of Coastal Marketing Group, Inc. for a change
of zoning from R-7 Residential District to A-4 Apartment
District on a 1.0445-acre parcel situated on Lots 12-32 and
10 feet of Lot 10, Block 58, Virginia Beach Development
Company, at 506-530 24th Street (Virginia Beach Borough).
Recommendation: DENIAL
11. Application of The Chinese Community Cultural Club, Inc.
for a change of zoningfrom R-6 Residential District to B-1
Business-Residential District on a 10,890-square foot
parcel located on the east side of Newtown Road, north of
Baker Road in the Newsome Farms Target Area (Bayside
Borough).
Recommendation: APPROVAL
DEFERRED by City Council on March 11, 1985.
12. Applications of R. G. Moore Building Corporatiou for a
changes of zoning:
From PD-H2 Planned Unit Development District to B-2
Community-Business District on a 6.8-acre parcel located7a-t
the southwest corner of Independence Boulevard and Round
Hill Drive (Kempsville Borough).
AND,
From PD-H2 Planned Unit Development District to P-1
Preservation District on a parcel 165 acres, more or less,
located on the north and south sides of Independence
Boulevard (proposed), west of Salem Road (Kempsville
Borough).
Recommendation: APPROVAL ON BOTH APPLICATIONS
13. Application of Fred B. Cooke, Sr. and Alma R. Cooke for a
change of zoning from R-8 Residential District to B-2
Community-Business District on a 10,440-square foot parcel
located at the southeast corner of Virginia Beach Boulevard
and North Fir Avenue at 220 North Fir Avenue (Kempsville
Borough).
Recommendation: APPROVAL
14. Applications of Robert M. Stanton for changes of zoning
located at the southeast corner of Baxter Road and Princess
Anne Road (Kempsville Borough):
From R-5 Residential District to B-2 Community-Business on
5.419-acre parcels;
AND,
From 0-1 Office District to B-2 Community-Business District
on a 1.767-acre parcel.
Recommendation: APPROVAL ON BOTH APPLIR-ATIONS
15. Applicatiori of Harold W. James for a change of zonine from
A-1 Apartment District to A-2 Apartment District on an 8-
acre parcel located on the south side of Old Virginia Beach
Boulevard, 1,050 feet, more or less, west of North Birdneck
Road (Lynnhaven Borough).
Recommendation: DENIAL
K. RESOLUTIONS
1. Resolution approving the issuance of Multi-Family
Residential Rental Revenue Bonds for:
a. Bridgepointe Associates, L. P. $7,520,000
b. R & J Associates One $2,765,000
2. Resolution Affirming the Action of the City Manager in
Declaring an Emergency and Issuing Sand Grading Permits to
Certain Properties at Sandbridge Beach.
3. Resolution of the City Council of the City of Virginia
Beach, Virginia, noting the Recommendation of the Mayor's
Billboard Committee and Authorizing that Reconmendation to
go before the Planning Commission for such action as the
Planning Commission deems appropriate.
L. 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. Ordinance, upon SECOND READING, authorizing the issuance
and sale of $24,400,000 General Obligation Bonds.
2. Resolution supporting Legislative designation by the
General Assembly for Tax Exempt Status based on certain
criteria.
3. Ordinance to Amend and Reordain Chapter 2, Article II,
Division 2 of the Code of the City of Virginia Beach,
Virginia, pertaining to Administration of Basic Pay Plan.
AND,
Ordinance to Amend and Reordain Article II, Division 2, of
the Code of the City of Virginia Beach, Virginia, By
ADDING Sect. 2-109 (d) pertaining to Administration of the
Basic Pay Plan.
4. Ordinance declaring that certain property adjacent to
Haygood Road at or near Bayside High School and Luxford
Elementary School EXCESS and authorizing the City Manager
to convey said property to the Conmonwealth of Virginia for
Road Widening Purposes.
AND,
Ordinance, upon FIRST RFADING, to appropriate $117,703 from
the General Fund to the Se-hool Board.
5. FINAL APPROVAL of Ordinance closing, vacating, and
discontinuing a portion of Goose Landing in the petition of
Hudgins & Associates.
6. FINAL APPROVAL of Ordinance closing, vacating, and
discontinuing a portion of Ranger Street in the petition of
Roland & Virginia Copeund.
7. FINAL APPROVAL of Ordinance closing, vacating, and
discontinuing a portion of Rouse Drive in the petition of
Fred Dean.
Ordinance to authorize a temporary encroacbment into a
portion of the right-of-way of Atlantic Avenue and 6th
Street to Fountainhead of Virginia Beach, Inc., T/A Ramada
inn.
8. Bingo Permits:
St. Nicholas Greek Orthodox Church
Plaza Junior High Marching Trojanettes
St. Matthew's Catholic Church
Diamond Springs/Gardenwood Park Civic League
Aragona Village Moose Lodge #1998
9. Raffle Permits:
Virginia Beach Moose Lodge #1998
Tidewater March of Dimes
10. Bingo/Raffle Permits:
Aragona Community Recreation Center
Men's Club of St. Gregory Catholilc Church
Chesapeake Bay Skating Club
Kellam Band Parents Association
Hampton Roads Youth Hockey Association
Council of United Filipinio Organization
Kehillat Bet Hamidrash Synagogue
Residents of Westminster Cantebury
Friends of Roller Skaters/Kemps River
Church of Ascension
Old Dominion Aquatic Club
Plaza Little League, Inc.
Hebrew Ac-ademy of Tidewater
Virginia Beach Skating Club
K. B. Men's Club
Roma Lodge #254
Star of the Sea School
Plaza Recreation, Ltd.
11. Certificate of Public Convenience and Necessity:
Urban-Lite, Inc. - Total Requested: I for-hire vehicle
M. UNFINISHED BUSINESS
1. Amortization of No@conforming Signs.
N. NEW BUSINESS
1. Scheduling of Planning Items for all City Council Meetings.
2. Quarterly Report on Capital Projects for the Period Ending
September 30, 1985.
0. ADJO@NT
CITY COUNCIL REGULAR SESSION
DECEMBER 23, 1985
CANCELLED
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
MASTER STREET AND HIGHWAY PLAN
11:00 P.M.
December 9, 1985
The BRIEFING was called to order by Mayor Harold Heischober in the Council
Chamber on December 9, 1985, at 11:00 A.M.
Mr. Robert J. Scott, Director of Planning, introduced Robert Longfield,
Consultant, with Harland Bartholomew and Associates, who presented the
HASTER STREET AND HIGHWAY PLAN.
The booklet entitled "TECHNICAL MEMORANDUM D, RECOMMENDED YEAR 2010 NEEDS
PLAN" is hereby made a part of the record.
Mr. Longfield presented the 2010 NEEDS PLAN.
The general cost level for development of the Needs Plan is approximamtely
$749 MILLION.
Mr. Longfield outlined the MAJOR IMPROVEMENTS embodied in the MASTER STREET
AND HIGHWAY PLAN:
1. Shore Drive is proposed in the Plan for widening from four to
eight lanes between the western city limits and the new alignment
of Great Neck Road.
2. Northampton Boulevard is proposed for widening from four to six
lanes betwen Diamond Springs road and Independence Boulevard.
3. Wesleyan Drive is the third, major east-west facility which
requires widening. The exisitng and committed segments should be
widened to six lanes form Northampton Boulevard to Haygood Road.
4. Independence Boulevard is proposed for widening to eight lanes
from Shore Drive to Jeanne Street. In conjunction with the
committed widening of Independence Boulevard, a continuous
eight-lane arterial from Shore Drive to Holland Road would be
developed as the primary, north-south route In the City.
5. Newtown Road is recommended for widening from four to eight lanes
between the Toll Road/I-64 Interchange and Virginia Beach
Boulevard and from four to six lanes from Virginia Beach
Boulevard to Diamond Springs Road to create a north-south
arterial.
B R I E F I N G
(Continued)
6. Constitution Drive is proposed for widening of the committed
section between Columbus Drive and Edwin Drive and along the
existing section between Columbus Drive and Jeanne Street. The
existing section should be widened from two lanes to six, while
the portion of the committed section south of Bonney Road (across
the Toll Road) is proposed as an eight-lane arterial. The
northern portion between Bonney Road and Columbus Drive would be
widened to six lanes.
7. Military Highway is recommended for improvement from a four-lane
arterial to an eight-lane arterial between the southern city
limits and the Toll Road.
8. Interstate 64 is suggested for widening from the existing
four-six-lane sections south of the Toll Road to eight lanes.
9. Centerville Turnpike and I-64 Interchange (proposed). A new I-64
Centerville Turnpike interchange is embodied into !he Plan to
assist in providing relief to the existing Indian River Road
Interchange. The interchange would be oriented northward and
would connect to a six-lane section of Centerville Turnpike which
continues southward to Kempsville Road.
10. Indian River Road is proposed for widening from four to eight
lanes between the wester city limits and Ferrell Parkway.
11. Southeast Freeway (prol)osed) is recommended with full access
control on new right-of-way from the Toll Road southwesterly
through Virginia Beach and connecting with I-464 in the City of
Chesapeake.
12. Princess Anne Road is suggested for widening to an eight-lane
arterial with provisions for access control where feasible.
13. Ferrell Parkway is included in the Plan with a western segment
between Indian River Road and Princess Anne Road (which warrants
a six-lane cross section) and an eastern segment (which requires
eight lanes between Princess Anne Road and the proposed New
Harpers Road).
14. Lynnhaven Parkway is proposed for widening to eight lanes between
Virginia Beach Boulevard and Holland Road; widening to six lanes
between Holland Road and Indian River Road; and for extension on
new right-of-way from Indian River Raod to Centerville Turnpike.
15. First Colonial Road/Oceana Boulevard is improved to six lanes for
the majority of the segment betwen Mill Dam Road and Princess
Anne Road. Eight lane sections are proposed between Virginia
Beach Boulevard and Laskin Road and between General Booth
Boulevard and Dam Neck Road.
16. Dam Neck Road is proposed as a major east-west facility in the
southeastern area.
17. Old Donation Parkway (proposed) is proposed as a four-lane,
east-west arterial to connect Independence Boulevard (at
Witchduck Road) with Little Neck Road (at Kings Grant Road).
18. Plaza Trail Parkway from Virginia Beach Bouelvard southward and
westward to Independence Boulevardvard is improved to a four-lane
cross section to accommodate anticipated future traffic volumes
of approximately 27,000 vehicles per day by the year 2010.
B R I E F I N G
(Continued)
19. Providence Road from Plaza Trail Parkway westward to Kempsville
Road would be improved to a four-lane cross section to
accommodate anticipated year 2010 traffic volumes.
20. Holland Road from Independence Boulevard southeastward to Windsor
Oaks Boulevard will require improvement to an eight-lane cross
section in accordance with the previously discussed improvement
to the Independence Boulevard Corridor.
21. Great Neck Road northward from Virginia Beach Boulevard to Shore
Drive would be improved to provide a continuous six-lane cross
section generally along this entire route, with the exception of
the section from Donation Parkway northward to First Colonial
Road where a four-lane section should be adequate to accommodate
year 2010 travel desires.
22 Rosement Road from Virginia Beach Boulevard soutbward to
Lynnhaven Parkway is recommended in the Plan for improvement to a
six-lane cross section to accommodate year 2010 travel desires.
The Deputy City Manager reiterated this was a PRELININARY DRAFT.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
GROWTH IMPACT ANALYSIS
FOR THE
COURTHOUSE-SANDBRIDGE STUDY AREA
December 9, 1985
12:25 P.M.
The BRIEFING was called to order by Mayor Harold Heiscbober in tbe Council
Chamber on December 9, 1985, at 12:25 P.M.
Michael Drummond, of Harland Bartholomew & Associates, Inc. , presented the
GROWTH IMPACT ANALYSIS FOR THE COURTHOUSE-SANDBRIDGE STUDY AREA.
A copy of the PRELIMINARY report is hereby made a part of the record.
Mr. Drummond referenced charts contained therein concerning:
FORECAST OF DWELLING UNITS-COMPREHENSIVE PLAN PROJECTIONS
FORECAST OF DWELLING UNITS-TRENDS MODEL
FORECAST OF LAND AREAS - COMPREHENSIVE PLAN PROJECTS
FORECAST OF LAND AREAS - TRENDS MODEL
DWELLING UNITS AND POPULATION BY ZONE, YEAR 2010 - TRENDS MODEL
LAND USE BY ZONES, YEAR 2010 - TRENDS MODEL
ANNUAL OPERATING COSTS, YEAR 2010 - TRENDS MODEL
CAPITAL IMPROVEMENT COSTS, UTILITIES AND TRANSPORTATION - TRENDS
MODEL
SUMMARY OF CAPITAL IMPROVEMENTS COSTS SOUTH OF GREEN LINE -
TRENDS MODEL
APPLICATION OF METHODOLOGY-BASED ON THE TRENDS MODEL
APPLICATION OF METHODOLOGY-BASED ON GROWTH SLOWDOWN
The primary objective of the study is to develop a methodology for
implementation of urban growth south of the presently designated GREEN LINE
if and when urban growth in this area is deemed appropriate.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 9, 1985
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, December 9, 1985, at 1:00 P.M.
Council Members Present:
Nancy A. Creech, Robert E. Fentress ' Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
Councilman Baum had a family emergency.
Councilwoman Oberndorf and Councilman Robert Jones were attending the
NATIONAL LEAGUE OF CITIES CONFERENCE.
- 2 -
ITEM # 24633
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. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal mattters within the
jurisdiction of the public body.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 7-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones and Vice
Mayor Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
- 4 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 9, 1985
2:12 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,
December 9, 1985, at 2:12 P.M.
Council Members Present:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
INVOCATION: Reverend Jerry Holcomb
Kings Grant Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 5 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24634
The City Clerk referenced an Ordinance to Amend and Reordain Article II,
Division 2, of the Code of the City of Virginia Beach, Virginia, By ADDING
Section 2-109 (d) pertaining to Administration of the Basic Pay Plan. (See
Item II-L.3 of the CONSENT AGENDA). This item was included in City
Council's Agenda package but not listed on the AGENDA.
An Ordinarice, upon FIRST READING, to appropriate $117,703 from the General
Fund to the School Board was also enclosed in Council's AGENDA but
inadvertently omitted from the Agenda List. (See Item II-L.4 of the CONSENT
AGENDA).
The City Clerk advised of an ADD-ON: Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Atlantic Avenue and 6th
Street to Fountainhead of Virginia Beach, Inc., T/A Ramada Inn. A copy of
this Ordinance was forwarded to Council Thursday, but not included in their
AGENDA.
De
- 6 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
ANNOUNCEMENT ITEM # 24635
The Mayor ANNOUNCED the City Manager was attending the NATIONAL LEAGUE OF
CITIES CONFER.ENCE. The Deputy City Manager Aubrey Watts is in attendance
for the City Manager at the Council Meeting.
Item II-E.2
CEL SITE ITEM # 24636
Councilman Jennings referenced the possible sale of the CENTER FOR
EFFECTIVE LEARNING site and again requested information concerning same.
Item II-E.3
PLANNING ITEMS ITEM # 24637
Councilwoman Creech referenced the Application of VIRGINIA B. WEST for a
Variance to Section 4.4(b) of the Subdivision Ordinance (See Item II-J.3 of
the PLANNING AGENDA). Councilwoman Creech advised she resides in the same
neighborhood as the applicant.
Councilwoman Creech also referenced the Applications of R. G. MOORE
BUILDING CORPORATION for Changes of Zoning (See Ite II-J. 12 of the
PLANNING AGENDA). Councilwoman Creech advised she will ABSTAIN on this
item.
Councilwoman Creech also advised she will ABSTAIN on the Application of
HAROLD W. JAMES for a Change of Zoning (See Item II-J.15) of the PLANNING
AGENDA).
Deember 9, 1985
7
Item II-F.1
MINUTES ITEM 24638
Upon motion by Councilaman Fentress, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of December 2, 1985, as CORRECTED:
ITEM # 24611 - PAGE 10
ORDINANCE UPON APPLICATION OF NAVPHIBASE FEDERAL
CREDIT UNION FOR A CHANGE OF ZONING DISTRICT
CLASSFICATION FROM R-4 TO 0-1 Z012851036
Condition 4 is corrected to read:
Construction will begin in two years and
completed within three years. If the property is
not so developed within three years, then no use
not permitted in the R-4 Residential
District s a@ll be allowed on the property.
Voting: 7-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S-
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
December 9 1985
8
Item II-G.1
PUBLIC HEARING ITEM # 24639
The Mayor DECLARM a PUBLIC HEARING:
EMERGENCY SAND GRADING PERMITS
Jack W. Siebert, President of the SANDBRIDGE BEACH OCEAN FRONT PROPERTY
OWNERS ASSOCIATION, spoke concerning this issue.
Letter dated December 4, 1985, from the SANDBRIDGE BEACH RESTORATION
ASSOCIATION, the SANDBRIDGE BEACH OCEAN FRONT PROPERTY OWNERS ASSOCIATION,
and THE SANDBRIDGE BEACH CIVIC LEAGUE is hereby made a part of the record.
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING
9
Item II-H.1
PLANNING - REQUEST FOR WAIVER ITEM 24640
Attorney J. B. Lonergan represented the applicant and advised the applicant
had met with the adjoining property owners and addressed their concerns
relative the modifications of the 100-foot buffer.
Ansell Yoder, also repre8ented the applicant.
The City Attorney examined the AGREEMENT between CHC ASSOCIATES and the
adjacent residential property owners to the west. This AGREEMENT is not in
ACCEPTABLE AND RECORDABLE FORM. The City of Virginia Beach is not named as
a participant in the Agreement.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council DEFERRED until the City Council Meeting of January 6, 1985, the
request for a WAILVER of a Condition imposed upon the application of
VIRGINIA BEACH FEDEPAL SAVINGS & LOAN ASSOCIATION for a Change of Zoning
District Classification from R-5 residential District to 0-1 Office
District on a 3.6-acre parcel located on the west side of First Colonial
Road north of Wolfsnare Road (Lynnhaven Borough). This Application was
APPROVED by Council March 17, 1980.
This WAIVER. was DEFERRED to enable the agreement to be prepared in
recordable form.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 10 -
Item II-I.
PLANNING - BY CONSENT ITEM # 24641
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council APPROVED in one MOTION Items II-I.1, II-I.2, II-I.3, and II-I.5 of
the PLANNING BY CONSENT AGENDA.
Item II-I.4 was voted upon separately.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech,* Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
*Verbal Aye December 9, 1985
Item II-I.1
PLANNING - BY CONSENT ITEM 24642
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council APPROVED the application of IRA V. JONES for a Variance to Section
4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Ira V. Jones. Parcel
is located at 5668 Morris Neck Road. Plats with
more detailed information are available in the
Department of Planning. PUNGO BOROUGH.
Councilwoman Henley stated for the record the reasons which produced the
undue hardship of said application. Two houses are built on this one
parcel. Those houses were both built before the Comprehensive Zoning
Ordinance was ADOPTED. As there are existing houses, there will not be
substantial detriment to adjacent property and the character of the
neighborhood will not be adversely affected. Councilwoman Henley also
believed this was not of a general or recurring nature, as there are few of
these houses on two lots in existence.
Concilwoman Henley stated further she would not be in favor of creating
lots of this nature unless the same circumstances were present.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
john A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 12 -
Item II-I.2
PLANNING - BY CONSENT ITEM # 24643
Letter from Attorney Donald E. Lee, dated November 25, 1985, referencing
this application is hereby made a part of the record
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon application of VIRGINIA BFACH GRACE
BRE for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH
GRACE BRETHREN FOR A CONDITIONAL USE PERMIT
R01285799
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Virginia Beach
Grace Brethren for a Conditional Use Permit for a
church on certain property located on the west
side of Salem Road, 400 feet more or less north
of Zodiac Lane. Said parcel contains 4.36 acres.
Plats with more detailed information are
available in the Department of Planning.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A 50-foot drainage easement is required for an ultimate 200-foot
drainage easement for Salem Canal.
2. A dedication of right-of-way along the frontage on Salem Road to
match the alignment on file with the Department of Public
Works/Surveying and Mapping Division.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the
conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said
STATEMENT OF CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech@ Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
STATEMENT OF CONSENT
APPLICANT: Virginia Beach Grace Brethren
APPLICATION: Conditional Use Permit
DESCRIPTION: Church on a 4.36-acre parcel located on
the west side of Salem Road, 400 feet,
more or less, north of Zodiac Lane
(Kempsville Borough)
CITY COUNCIL SESSION: December 9, 1985
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMKENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A 50-foot drainage easement is required for an ultimate
200-foot drainage easement for Salem Canal.
2. A dedication of right-of-way along the frontage on Salem
Road to match the alignment on file with the Department
of Public Works/Surveying and Mapping Division.
Owner
By:
Owner/Attorney7Age-nt
Date:
- 13 -
Item II-1.3
PLANNING - BY CONSENT ITEM # 24644
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon application of COLONIAL BAPTIST CHURCH
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF COLONIAL BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION (CLASSROOMS AND GYMNASIUM) R01285800
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Colonial Baptist
Church for a Conditional Use Permit for a church
ssr-oom -7
addition (cla s and gymnasium on property
located on the west side of Centerville Turnpike,
970 feet south of Lynnhaven Parkway. Said parcel
is located at 2221 Centerville Turnpike and
contains 10 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech*, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
December 9 1985
- 14 -
Item II.4.
PLANNING ITEM # 24645
Michael Marks, Executive Director, Virginia Beach Arts Center
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of VIRGINIA BEACH ARTS CENTER
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH ARTS
CENTER FOR A CONDITIONAL USE PERMIT FOR A
COMMERICAL PARKING LOT R01285801
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Virginia Beach Arts
Center for a Conditional Use Permit for a
commerical parking lot at the southeast corner of
18th Street and Arctic Avenue. Said parcel is
located at 1711 Arctic Avenue and contains 30,000
square feet. Plats with more detailed
information are available in the Department of
Planning. VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
1. A 5-foot dedication along the frontage on 18th Street, 45 feet
from the centerline of the old 80-foot right-of-way to provide
for an ultimate 90-foot right-of-way as per the Master Street and
Highway Plan.
2. Lease shall be APPROVED by the City Attorney.
3. Conditional Use Permit shall be for a term no longer than that of
the lease.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress ' Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
STATEMENT OF CONSENT
APPLICANT: Virginia Beach Arts Center
APPLICATION: Conditional Use Permit
DESCRIPTION: Commercial parki,'Ig lot on a 30,000-square
foot parcel situated at the Southeast
corner of 18th Street and Arctic Avenue
at 1711 Arctic Avenue (Virginia Beach
Borough)
CITY COUNCIL SESSION: December 9, 1985
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. A 5-foot dedication along the frontage on 18th Street,
45 feet from the centerline of the old 80-foot right-
of-way to provide for an ultimate 90-foot right-of-way
as per the Master Street and Highway Plan.
Owner L)
By:
Owner/Attorney/Agent
Date:
- 15 -
Item II-I.5
PLANNING - BY CONSENT ITEM # 24646
Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon application of DARRELL E. AND JANIE A.
NICHOLS for a Change of Zoning:
ORDINANCE UPON APPLICATION OF DARRELL E. AND
JANIE A. NICHOLS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 TO AG-2 Z012851037
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Darrell E. and
Janie A. Nichols for a Change of Zoning District
Classification from R-5 Residential District to
AG-2 Agricultural District on property located on
the north side of Indian River Road, 1230 feet
more or less northwest of Elbow Road. Said
parcel is located at 4468 Indian River Road and
contains 1.18 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A 5-foot dedication along the frontage on Indian River Road, 25
feet from the centerline of the old 40-foot right-of-way to
provide for a standard 50-foot right-of-way.
The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the
conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said
STATEMENT OF CONSENT is hereby made a part of the proceedings.
Councilman McCoy advised said application was a DOWNZONING.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech@ Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
STATEMENT OF CONSENT
APPLICANT: Darrell E. and Janie A. Nichols
APPLICATION: Change of Zoning
DESCRIPTION: From R-5 Residential District to AG-2
Agricultural District on a 1.18-acre
parcel situated on the north side of
Indian River Road, 1,230 feet, more or
less, northwest of Elbow Road at 4468
Indian River Road (Kempsville Borough)
CITY COUNCIL SESSION: December 9, 1985
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
Prior to the changing of the official zoning maps, the
following requirement will be met:
1. A 5-foot dedication along the frontage on Indian
River Road, 25 feet from the centerline of the
old 40-foot right-of-way to provide for a
standard 50-foot right-of-way.
Owiier
By:
Owner/Attorney Aget
Date:
- 16 -
Item II-J.1
PLANNING ITEM # 24647
Ben Simon, of Palms Associates, represented the applicant.
Letter from PIZZA HUT dated December 5, 1985, concerning this application
is hereby made a part of the record.
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council APPROVED AN EXTENSION FOR COMPLIMCE of 120 days until the City
Council Meeting of April 7, 1985, upon an Ordinance closing, vacating and
discontinuing a portion of Sandra Lane in the petition of S &C COMPANY.
This will be the FINAL EXTENSION GRANTED.
Application of S and C, a Virginia General
Partnership, for the discontinuance, closure and
abandonment of a portion of Sandra Lane beginning
at the southern boundary of Indian River Road and
running in a southerly direction a distance of
265 feet to the nrothern boundary of Mineola
Drive. Said parcel is 50 feet in width and
contains 13,250 square feet. KEMPSVILLE BOROUGH.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 17 -
Item II-J.2
PLANNING ITGEM # 24647
Richard Browner represented the applicant and requested DEFERRAL for
preparation of the PROFFER
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council DEFERRED until the City Council Meeting of January 6, 1985,
Application of HARRY S. AND JEAN W. ROGERS for a Variance to Section 4.4(b)
of the Subdivision Ordinance.
Appeal from Dicisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Harry S. and Jean W.
Rogers. Property is located at 5613 Normandy
Avenue. Plats with more detailed information are
available in the Department of Planning.
KEMPSVILLE BOROUGH.
Voting: 7-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, and
Vice Mayor Reba S. McClanan
Council Members Voting Nay:
None
Council Members Abstaining:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 18 -
Item II-J.3
PLANNING ITEM # 24648
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED the Application of VIRGINIA B. WEST for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of the Administative
Officers in regard to certain elements of the
Subdivision Ordinance, Sbudivision for Virginia
B. West. Parcel is located at 328 Chesopeian
Trail. Plats with more detailed information are
available in the Department of Planning.
LYNNAHVEN BOROUGH.
The following conditions shall be required:
1. only one (1) new lot is to be created.
2. The driveway for the new lot is to be located on the iteeth-aide
e4-t-he-peeperty, south side of the entrance into the rear lot.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
*Councilwoman Creech DISCLOSED she resided in the same neighborhood as
said applicantion
December 9 1985
- 19 -
Item II-J.4
PLANNING ITEM # 24649
Harold Beaver, represented the applicant and requested WITHDRAWAL
OPPOSITION:
Attorney Glenn Croshaw represented adjacent property owners and submitted
to the Planning Commission a petition containing 120 signatures.
Upon motion by Councilman Jennings, seconded by Councilwoman Henley, City
Council DENIED an Application of VICTORIA L. BREHM for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative officers
in regard to certain elements of the Subdivision
Ordinance, Sbudivision for Victoria L. Brehm.
Parcel is located at the southern terminus of
Prince Phillip Drive. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 20 -
Item II-J.5
PLANNING ITEM # 24650
Don Dahlman, one of the principals, represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of D & P ASSOCIATES for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF D & P ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR A HOME FOR
ADULTS R01285801 A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of D & P Associates
for a Conditional Use Permit for a home for
adults on certain property located on the west
side of Edwin Drive, 150 feet south of Expressway
Drive. Said aprcel contains 1.475 acres. Plats
with more detailed information are available in
the Department of Planning. KEMPSVILLE BOROUGH
The following condition shall be required:
1. Occupancy shall be limited to 48 residents.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
john A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 21 -
Item II-J.6
PLANNING ITEM # 24651
Edward J. Spruill, the applicant, represented himself
Ann Joyce, adjacent resident, spoke in OPPOSITION
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of ELEANOR E. WITRAM for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ELEANOR E. WITHAM
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
BODY REPAIR SHOP R01285802
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Elenor E. Witham
for a Conditional Use Permit for an automobile
body repair shop on certain property located on
the east side of First Colonial Road, 400 feet
more or less south of Virginia Beach Boulevard.
Said parcel is located at 227 First Colonial
Road and contains 31,798 square feet. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Approval is for a period of one (1) year.
2. Outside storage of vehicles shall be limited to a maximum of
.f4-f-t,ee-R-44@-twenty-five (25)
stared--=t-s-i@. all vehicles shall be stored inside the fenced
area away from public view; no parts or engines are to be stored
outside the fenced area.
3. An eight (8) foot privacy fence is to be constructed and
maintained along the rear of the property, along side of the
property, and along the property line facing the road to form a
complete enclosure with the building.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eight-five.
Voting: 6-0
Council Members Voting Aye:
Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones and Vice Mayor Reba S.
McClanan
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Nancy A. Creech, Robert G. Jones, J. Henry McCoy,
Jr., D.D.S. and Meyera E. Oberndorf
- 22 -
Item II-J. 7
PLANNING ITEM # 24652
Attorney Gordon Tayloe represented the applicant and presented letters from the
Department of Health and Department of Social Services in support of said
application. (Said letters are hereby made a part of the record).
LCDR Petrie spoke in OPPOSITION and referencxed area was in the ALCUZ area
Upon miton by Councilman Jennings, seconded by Councilman Fentress, City
Council DENIED an Ordinance upon application of PAUL G. AND N. JEAN DAVIDSON
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PAUL G. AND N. JEAN
DAVIDSON FOR ACONDITIONAL USE PERMIT
Ordinance upon application of Paul G. and N. Jean
Davidson for a Conditional Use Permit for a home
for the aged on Lot 8, Sites A and B, North
Bellwood Park. Said parcels are located at 1283
and 1285 Credle Road and contain 15,000 square
feet. LYNNHAVEN BOROUGH.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, R. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
December 9, 1985
- 23 -
Item II-J.8
PLANNING ITEM # 24653
Robert Graham represented the applicant
Upon motion by Councilman Fentress, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of TWIN B AUTO PARTS, INC.
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TWIN B AUTO PARTS,
INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE
PARTS SALES R01285803
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Twin B Auto Parts,
Inc. for a Conditional Use Permit for automobile
parts sales on Lot 17 and 19, Block 29, Virignia
Beach Development. Said parcel is located at
1701 Baltic Avneue and contains 13,500 square
feet. VIRGINIA BEACH BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of tbe City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 24 -
Item II-J.9
PLANNING ITEM # 24654
John Mitchell, the applicant, represented himself
Memorandum dated December 6, 1985, from the City Attorney's Office was
referenced concerning agreement required with said application.
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED an ordinance upon application of JOHN D. AND DIANE
MITCHELL, SR. AND N. P. SIMPSON, III for a Change of Zoning:
ORDINANCE UPON APPLICATION OF JOHN D. AND DIANE
MITCHELL, SR. , AND N. P. SIMPSON, III FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1
TO B-4 Z012851038
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of John D. & Diane
Mitchell, Sr. and N.P.Simpson, III, for a Change
of Zoning District Classification from A-1
Apartment District to - Resort-Commercial
District on Lot 17, Block 23, Virginia Beach
Develoment Company. Said parcel is located at 317
16th Street and contain5 7,000 square feet.
VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
1. This parcel is to be used for lodging units only and parking shall be
in conjunction with the lodging units.
2. Agreement shall be executed and recorded with the Clerk of the
Circuit Court encompassir tne above condition.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Item II-J.10 - 25 -
PLANNING ITEM # 24655
Attorney Grover Wright represented the applicant
The following also spoke in favor of the application:
Ronald Gwaltney
Robert W. McKean
William Stevens
Opposition:
Michael A. LaGiglia, Jr., represented the Old Beach Civic League
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of COASTAL MARKETING GRoup,
INC. for a Change of Zoning:
ORDINANCE UPON APPLICATION OF COASTAL MAELKETING
GROUP, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-7 TO A-4 Z012851039
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Coastal Marketing
Group, Inc., for a Change of Zoning District
Classification from R-7 Residential District to
A-4 Apartment District on Lots 12-32 and 10 f,et
of Lot 10, Block 58, Virginia Beach Development
Company. Parcels are located at 506-530 24th
Street and contain 1.0445 acres. VIRGINIA BEACH
BOROUGH.
The following conditions shall be required:
1. Limited to single-family units only for rent by Coastal Marketing
Group, Inc.
2. Height shall be restricted to no more than 45 feet.
3. Parking shall be on-site.
4. Resubdivision of the property and vacation of existing lot lines
to avoid the creation of nonconforming lots.
5. Agreement shall be executed and recorded with the Clerk f the
Circuit Court.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 6-2
Council Members Voting Aye:
Nancy A. Creech, Robert E. Pentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Louis R. Jones and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Vice Mayor Reba S. McClanan
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 26 -
Item II-J.11
PLANNING ITEM # 24656
Dr. George Wong, President of the Chinese Community, represented the
applicant
Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of THE CHINESE CO@ITY
CULTURAL CLUB, INC. for a Change of Zoning:
ORDINANCE UPON APPLICATION OF THE CHINESE
COMMUNITY CULTURAL CLUB, INC. FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-1
Z012851040
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VlRGINIA
Ordinance upon appliciation of Chinese Community
Cultural Club., Inc., a Virginia Corporation, for
a Change of Zoning District Classification from
R-6- Residential District to B-1 Business
Residential District on certain property located
on the east side of Newtown Road beginning at a
point 1600 feet more or less north of Baker Road.
Said parcel is located at 724 Newtown Road and
contains 10,890 square feet more or less. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. This Change of Zoning shall be applicable to this parcel only for
a Chinese Cultural Club.
2. Agreement shall be recorded with the Clerk of the Circuit Court
encompassing the above condition.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
December 9 1985
2 7
Item II-J.12
PLANNING ITEM # 24657
Attorney Grover Wright represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council ADOPTED Ordinances upon application of R. G. MOORE BUILDING
CORPORATION for Changes of Zoning:
ORDINANCES UPON APPLICATION OF R. G. MOORE
BUILDING CORPORATION FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM PD-H2 TO B--2 B-1 (AS
MODIFIED) Z012851041
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of R. G. Moore
Building Corporation for a Change of Zoning
District Classification from PD-H2 Planned Unit
Development District to B 2 B-1 (As Modified)
Community-Business District on certain property
located at the southwest corner of Independence
Boulevard and Round Hill Drive. Said parcel
contain 6.8 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
Prior to the changing of the official zoning maps, the following
requirements shall be met:
1. A dedication of 90-feet of right-of-way along with controlled
access and scenic easements on the frontage along South
Independence Boulevard in accordance with the Master Street and
Highway Plan.
2. Dedication of 66 feet of right-of-way along the frontage on Round
Hill Drive in accordance with the Master Street and Highway Plan.
3. Modification of the land use to reflect all previously required
conditions.
A N D,
ORDINANCE UPON APPLICATION OF R. G. MOORE
BUILDING CORPORATION FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM PD-H2 TO P-1
Z012851042
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of R. G. Moore for a
Change of Zoning District Classification from
PD-H2 Planned Unit Development District to P-1
Preservation District on certain property located
on the north and south sides of Independence
Boulevard (Proposed), west of Salem Road as shown
on the Land Use Plan of Glenwood on file in the
Department of Planning. Parcels contain 165
acres more or less. KEMPSVILLE BOROUGH.
D
- 28 -
Item II-J.12
PLANNING ITEM # 24657 (Continued)
Prior to the changing of the official zoning maps, the following
requirements shall be met:
1. Dedication of right-of-way 90 feet in width with a scenic
easement for the proposed extension of South Independence
Boulevard.
2. Dedication of right-of-way along the frontage on Salem Road in
accordance with the Master Street and Highway Plan and with the
alignment on file in the City Engirieer's Office.
3. Dedication of a 200-foot drainage easement along the Salem Canal.
4. Dedication of right-of-way 66 feet in width for the proposed
Round Hill Drive as shown on 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 the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 7-0
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 J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Nancy A. Creech, Robert G. Jones and Meyera E.
Oberndorf
December 9, 1985
- 29 -
Item II-J.13
PLANNING ITEM # 24658
Fred B. Cooke, the applicant, represented himself
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance upon appication of FRED B. COOKE, SR. AND ALMA
R. COOKE for a Change of Zoning:
ORDINANCE UPON APPLICATION OF FRED B. COOKE, SR.,
AND ALMA R. COOKE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO B-2 Z012851043
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Fred B. Cooke, Sr.,
and Alma R. Cooke for a Change of Zoning District
Classification from R-8 Residential District to
B-2 Community-Business District at the southeast
corner of Virginia Beach Boulevard and North Fir
Avenue. Said parcel is located at 220 North Fir
Avenue and contains 10,440 square feet. Plats
with more detailed information are available in
the Department of Planning. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 7-0
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 J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Nancy A. Creech, Robert G. Jones and Meyera E.
Oberndorf
- 30 -
Item II-J.14
PLANNING ITEM # 24659
The following spoke in favor of the application:
Attorney Grover Wright represented the applicant
Robert B. Stanton
Gene Walters, owner of FARM FRESH SUPERMARKETS
Opposition:
D. R. Winiker, represented the Larkspur Civic League
B. P. Silverberg represented the Kempsville Gardens, but did not speak
Ray S. Birdsong represented himself
Mrs. Dorothy Wells represented the Kempsville Manor Civic League
Rae H. LeSesne represented himself
Marilyn Summerford represented the Shannon Section
Letter from Councilwoman Meyera Oberndorf requesting support in DENYING
this Change of Zoning application is hereby made a part of the record.
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED Ordinances upon application of ROBER.T M. STANTON for
Changes of Zoning:
ORDINANCE UPON APPLICATION OF ROBERT M. STANTON
FOR CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO B-2 Z012851044
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Robert M. Stanton
for a Change of Zoning District Classification
from R-5 Residential District to B-2
Community-Business District on the following
parcels:
Parcel 1: Located on the south side of Baxter
Road beginning at a point 125 feet east of
Princess Anne Road.
Parcel 2: Located on the east side of Princess
Anne Road beginning at a point 200 feet more or
less south of Baxter Road.
Said parcels contain 5.419 acres. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The access to this parcel shall be as shown on the architectural
rendering on file in the Department of Planning.
2. No median cut shall be permitted on Princess Anne Road.
3. A buffer shall be provided behind the Shopping Center
4. A left turn lane on Baxter Road for southbound traffic shall be
provided.
Prior to the changing of the official zoning maps, the following
requirements shall be met:
1. A 20-foot dedication of right-of-way along the frontage on Baxter
Road, 45 feet from the centerline of the old 30-foot right-of-way
to provide for an ultimate 90-foot right-of-way as per the Master
Street and Highway Plan.
2. A dedication of 4 feet of right-of-way along the frontage on
Princess Anne Road in accordance with the Virginia Beach Bikeway
Plan.
- 31 -
Item II-J.14
PLANNING ITEM # 24@659 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF ROBERT M. STANTON
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM 0-1 TO B-2 Z012851045
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Robert M. Stanton
for a Change of Zoning District Classification
from 0-1 Office District to B-2
Community-Business District on certain property
located at the southeast corner of Baxter Road
and Princess Anne Road. Said parcel contains
1.767 acres. Plats with more detailed
information area available in the Department of
Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The access to this parcel shall be as shown on the architectural
rendering on file in the Department of Planning.
2. No media cut will be permitted on Princess Anne Road.
3. A buffer shall be provided behind the Shopping Center.
4. A left turn lane on Baxter Road for southbound traffic shall be
provided.
Prior to the changing of the official zoning maps, the following
requirements shall be met:
A dedication of 4 feet or right-of-way along the frontage on Princess
Anne in accordance with the Virginia Beach Bikeway Plan.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five.
Voting: 6-2
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Louis R. Jones, and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Vice Mayor Reba S. McClanan
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 32 -
Item II-J.15 ITEM # 24'060
Attorney Grover Wright represented the applicant
Robert R. Latta, Associate Broker - Professional Realty Corporation, also
spoke in favor of the application
LCDR Petrie, spoke in OPPOSITION and referenced the property lies in the
AICUZ-B and Noise Zone 3.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of HNOLD W. JABES for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF HAROLD W. JAMES FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION
Z012851046
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Harold W. James for
a Change of Zoning District Classification from
A-T Apartment district to A-2 Apartment district
on certain proeprty located on the south side Of
Old Virginia Beach Boulevard, 1050 feet more or
less west of North Birdneck Road. Said parcel
contains 8 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The units shall not exceed 123.
2. Noise disclosure shall be made in all contracts.
3. High accident potential (AICUZ-B) disclosure shall be made in all
contracts.
Prior to tbe changing of the official zoning maps, the following
requirement shall be met:
Dedications for an ultimate 60-foot right-of-way in accordance with the
previous dedications to the east of this property. Standard
right-of-way improvements, including pavement widening, shall be
required.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of December, Nineteen Hundred and Eighty-five,
December 9, 1985
- 33 -
Item II-J.15
PLANNING ITEM # 24660 (Continued)
Voting: 6-1
Council Members Voting Aye:
Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings,
Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
- 34 -
ITEM II-K-la
RESOLUTIONS ITEM # 24661
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council ADOPTED:
Resolution approving the issuance of Multi-Family
Residential Rental Revenue Bonds for:
Bridgepointe Associates, L. P. $7,520,000
Voting: 6-2
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack
Jennings, Jr., Louis R. Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Vice Mayor Reba S. McClanan
Council Members Absent:
John A. Baum, Robert R. Jones and Meyera Oberndorf
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND
1. PROJECT NAME: BRIDGEPOINTE ASSOCIATES, L.P. FACILITY
2. LOCATION: East side of South Lynnhaven Road opposite the
intersection of South Lynnhaven Road and Lee
Highlands Boulevard, Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 188 unit apartment complex
4. AMOUNT OF BOND ISSUE: $7,520,000
5. PRINCIPALS: James R. Morrow
Vincent J. Mastracco, Jr.
Thomas C. Broyles
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: A-2
b. Is rezoning proposed? No
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED MULTIFAMILY RESIDENTIAL
RENTAL REVENUE BOND FINANCING
DATE: October 10, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Bridgepointe Associates, L.P. Facility
TYPE OF FACILITY: Apartment Complex
1. Maximum amount of financing sought $7,520,000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $7,520,000
3. Estimated redl property tax per
year using present tax rates $ 60,160
4. Estimated personal property tax
per year using present tax rates $ 600
5. Estimated merchants' capital
(business license) tax per
year using present tax rates N/A
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 564,000
7. Estimated number of regular
employees on year round basis 12
8. Average annual salary per employee $ 15,000
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
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
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NAME OF PROJECT: Bridgepointe Associates, L.P.
ADDRESS OF PROJECT: S. Lynnhaven Road
Virginia Beach, VA
TYPE OF PROJECT: 188 Apartment Complex
RESOLUTION APPROVING THE ISSUANCE OF
MULTIFAMILY RESIDENTIAL RENTAL REVENUE
BONDS FOR BRIDGEPOINTE ASSOCIATES, L.P.
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of Bridge-
pointe Associates, L.P., a Virginia limited partnership (the
Company) whose address is 2240 Great Neck Road, Virginia
Beach, Virginia 23451, for the issuance of the Authority's
multifamily residential rental revenue bonds in an amount not
to exceed $7,520,000 (the Bonds) to assist in financing of
the Company's acquisition of approximately 10.3 acres of land
fronting approximately 900 feet on the east side of South
Lynnhaven Road opposite the intersection of South Lynnhaven
Road and Lee Highlands Boulevard in Virqinia Beach, Virginia,
and construction thereon, and equipping, of a multifamily
residential rental project containing approximately 188 units
(the Facility) and to be owned or managed by the Company and
has held a public hearing thereon on December 2, 1985; and
WHEREAS, pursuant to Section 11.1 of Chapter 643 of the
Virginia Acts of Assembly of 1964, as amended, the Authority
has determined that (i) there is a significant shortage of
affordable sanitary and safe residential rental property in
the City for individuals and families of low and moderate
income and (ii) provision of financing of the Facility
meeting the requirements of Section 103(b)(4)(A) of the
Internal Revenue Code of 1954, as amended (the Internal
Revenue Code), by the Authority will be in the public inter-
est and will benefit the inhabitants of the City through the
promotion of their safety, health, welfare, convenience or
prosperity; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bonds to comply with (i) Section
103(k) of the Internal Revenue Code of 1954, as amended (the
Internal Revenue Code) and (ii) Section 15.1-1378.1 of the
Code of Virginia of 1950, as amended (the Virginia Code); and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be aqreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing, if any, and the fiscal impact state-
ment required by Section 15.1-1378.2 of the Virginia Code
have been filed with the Council of the City;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the foregoing
recitals which are incorporated in, and deemed a part of,
this Resolution as if fully set forth herein.
2. The Council of the City approves the issuance
of the Bonds by the Authority, for the benefit of the Compa-
ny, to the extent of and as required by Section 103(k) of the
Internal Revenue Code and Section 15.1-1378.1 of the Virginia
Code, to permit the Authority to assist in the financing of
the Facility.
3. The approval of the issuance of the Bonds, as
required by Section 103(k) of the Internal Revenue Code and
Section 15.1-1378.1 of the Virginia Code, does not constitute
an endorsement of the Bonds or the creditworthiness of the
Company; but, pursuant to Chapter 643 of the 1964 Acts of the
General Assembly of Virginia, 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. In approving this Resolution, the City of
Virginia Beach, including its elected representatives,
officers, employees, and agents, shall not be liable, and
hereby disclaims all liability for, any damages to any
person, direct or consequential, resulting from (1) the
Authority's failure to issue bonds for the Facility for any
reason, including but not limited to any decision by the
Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other
projects if the issuance of tax-exempt multifamily housing
bonds by the Authority is restricted by any State or Federal
statute now or hereafter enacted; or (2) the Authority's
failure for any reason after the issuance of bonds for the
Facility to allocate a portion of its allowable industrial
development bond volume to the Facility if the issuance of
tax-exempt multifamily housing bonds by the Authority is
restricted by any State or Federal statute now or hereafter
enacted.
5. This Resolution shall take effect immediately
upon its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on December 9, 1985
19 85 .
2
- 35 -
ITEM II-K-lb
RESOLUTIONS ITEM # 24662
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council ADOPTED:
Resolution approving the issuance of Multi-Family
Residential Rental Revenue Bonds for:
R & J Associates One $2,765,000
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert R. Jones and Meyera Oberndorf
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND
1. PROJECT NAME: R & J ASSOCIATES ONE FACILITY
2. LOCATION: North side of Dam Neck Road opposite the
intersection of Dam Neck Road and Gallery
Avenue, Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 79 unit apartment complex on
approximately 11.69 acres of
land
4. AMOUNT OF BOND ISSUE: $2,765,000
5. PRINCIPALS: Michael Rashkind
Julian Rashkind
JR Investment Associates
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: PDH-1
b. Is rezoning proposed? No
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
FOR PROPOSED MULTIFAMILY RESIDENTIAL
RENTAL REVENUE BOND FINANCING
DATE: November 8, 1985
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: R & J Associates One Facility
TYPE OF FACILITY: Apartment Complex
1. Maximum amount of financing sought $2,765,000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $3,065,000
3. Estimated real property tax per
year using present tax rates $ 24,520
4. Estimated personal property tax
per year using present tax rates $ 5,214
5. Estimated merchants' capital
(business license) tax per
year using present tax rates $ 4,424
6. Estimated dollar value per year
of qoods and services that will
be purchased locally $ 127,980
7. Estimated number of regular
employees on year round basis 3
8. Average annual salary per employee $ 10,667
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investiqation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
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NA14E OF PROJECT: R & J ASSOCIATES ONE
ADDRESS OF PROJECT: North side of Dam Neck Road opposite the
intersection of Dam Neck Road and Gallery
Avenue, Virginia Beach, Virginia
TYPE OF PROJECT: 79 unit apartment comdlex on approximately
11.69 acres of land
RESOLUTION APPROVING THE ISSUANCE OF
MULTIFAMILY RESIDENTIAL RENTAL REVENUE
BONDS FOR R & J ASSOCIATES ONE
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of R & i
Associates One, a Virginia limited partnership, whose address
is 2701 Avenger Drive, Virginia Beach, Virginia 23452, for
the issuance of the Authority's multifamily residential
rental revenue bonds in an amount not to exceed $2,765,000
(the Bonds) to assist in financing of the acquisition by
R & J Associates One, or any entity in which Julian Rashkind
or Michael Rashkind is a principal (the Company) of approxi-
mately 11.69 acres of land fronting approximately 867 feet on
the north side of Dam Neck Road opposite the intersection of
Dam Neck Road and Gallery Avenue in Virginia Beach, Virginia
(Being Parcel E, Subdivision of Dam Neck Estate, M.B. 188,
p. 34), and construction thereon, and equipping, of a multi-
family residential rental project containing approximately 79
units (the Facility) and to be owned or managed by the
Company and has held a public hearing thereon on December 2,
1985; and
WHEREAS, pursuant to Section 11.1 of Chapter 643 of the
Virginia Acts of Assembly of 1964, as amended, the Authority
has determined that (i) there is a significant shortage of
affordable sanitary and safe residential rental property in
the City for individuals and families of low and moderate
income and (ii) provision of financing of the Facility
meeting the requirements of Section 103(b)(4)(A) of the
Internal Revenue Code of 1954, as amended (the Internal
Revenue Code), by the Authority will be in the public inter-
est and will benefit the inhabitants of the City through the
promotion of their safety, health, welfare, convenience or
prosperity; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bonds to comply with (i) Section
103(k) of the Internal Revenue Code of 1954, as amended (the
Internal Revenue Code) and (ii) Section 15.1-1378.1 of the
Code of Virginia of 1950, as amended (the Virqinia Code); and
WHEREAS, a copy of the Authority's resolution approvinq
the issuance of the Bonds, subject to terms to be aqreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing, if any, and the fiscal impact state-
ment required by Section 15.1-1378.2 of the Virginia Code
have been filed with the Council of the City;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the foregoing
recitals which are incorporated in, and deemed a part of,
this Resolution as if fully set forth herein.
2. The Council of the City approves the issuance
of the Bonds by the Authority, for the benefit of the Compa-
ny, to the extent of and as required by Section 103(k) of the
Internal Revenue Code and Section 15.1-1378.1 of the Virginia
Code, to permit the Authority to assist in the financing of
the Facility.
3. The approval of the issuance of the Bonds, as
required by Section 103(k) of the Internal Revenue Code and
Section 15.1-1378.1 of the Virginia Code, does not constitute
an endorsement of the Bonds or the creditworthiness of the
Company; but, pursuant to Chapter 643 of the 1964 Acts of the
General Assembly of Virginia, 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. In approving this Resolution, the City of
Virginia Beach, including its elected representatives,
officers, employees, and agents, shall not be liable, and
hereby disclaims all liability for, any damages to any
person, direct or consequential, resulting from (1) the
Authority's failure to issue bonds for the Facility for any
reason, including but not limited to any decision by the
Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other
projects if the issuance of tax-exempt multifamily housing
bonds by the Authority is restricted by any State or Federal
statute now or hereafter enacted; or (2) the Authority's
failure for any reason after the issuance of bonds for the
Facility to allocate a portion of its allowable industrial
development bond volume to the Facility if the issuance of
tax-exempt multifamily housing bonds by the Authority is
restricted by any State or Federal statute now or hereafter
enacted.
5. This Resolution shall take effect immediately
upon its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on December 9
1985.
2
- 3,6 -
ITEM II-K-2
RESOLUTIONS ITEM # 24663
Upon motion by Counci-Iman Fentress, seconded by Counci-Iman Jennings, City
Council ADOPTED:
Resolution Affirming the Action of the City Manager in
Declaring an Emergency and Issuing Sand Grading Permits
to Certain Properties at Sandbridge Beach.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert R. Jones and Meyera Oberndorf
A'
RESOLUTION AFFIRMING THE ACTION
OF THE CITY MANAGER IN DECLARING
AN EMERGENCY AND ISSUING SAND
GRADING PERMITS TO CERTAIN
PROPERTIES AT SANDBRIDGE BEACH.
WHEREAS, pursuant to sections 1411 and 1611 of the
Comprehensive Zoning Ordinance regarding the coastal primary sand
dune zoning ordinance and the wetlands zoning ordinance, the city
manager may declare an emergency and issue emergency sand grading
permits without advance notice and hearing; and
WHEREAS, upon request, the city manager shall hold a
hearing to affirm such emergency permits.
WHEREAS, in the latter part of September, 1985,
Hurricane Gloria approached the coast of the City of Virginia
Beach. Based upon the representations of certain oceanfront
property owners concerning the condition of the beach at
Sandbridge due to erosion caused by said hurricane, the city
manager determined that there was an emergency and thereafter
issued emergency sand grading permits to specific lots at
Sandbridge Beach subject to certain conditions; and
WHEREAS, a resident of Sandbridge has requested a
public hearing concerning this matter.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to sections 1411 and 1611 of the Code of
the City of Virginia Beach, as amended, Council doth hereby
affirm the action of the City Manager in declaring an emergency
and issuing emergency sand grading permits to the properties
referenced on the attached lists.
This Resolution shall take effect immediately and be
effective on the date of adoption.
Adopted by the City Council of the City of Virginia
Beach, Virginia on this 9thday of December 1985.
DSH/rab
10/29/85
(RES. 5)
37 -
Item II-K.3
RESOLUTIONS ITEM 24664
Attorney Glenn Croshaw represented Creative Displays and referenced
Sections 216, 237, 911C, and Article 10, Section IOOC, and requested
these be included in the Package to Planning rather than just the
Definitions included in the Agenda.
Letter from Bartow H. Bridges, Jr., Architect, Member of the Billboard
Study Commission, is hereby made a part of the proceedings.
Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City
Council ADOPTED:
Resolution of the City Council of the City of
Virginia Beach, Virginia, noting the
Recommendation of the Mayor's Billboard Gomittee
and Authorizing that Recommendation to go before
the Planning Commission for such action as the
Planning Commission deems appropriate on these
Definitions AND other recommendations of the
Mayor's Committee.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE I OP THE COMPREHENSIVE ZONING
ORDINANCE OF THE CODE OF THE CITY OP
VIRGINIA BEACH, VIRGINIA, BY ADDING 1,0
SEC'rION Ill A DEFINITION OF BILLBOARD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section Ill of the Comprehensive Zoning Ordinance
of the Code of the City of Virginia Beach, Virginia, pertaining
to billboards, is hereby amended to read as follows:
Section Ill. Definitions.
Billboards. A sign, as defined in this zoning code,
including the supporting sign structure, that carries-a m.essaqe
wi-iieli niay advertise or direct the attention of the general public
to-an-establishment, business or service and which is located on
a s-eparate site from the establishment, business or service which
ttie billboard advertises. This definition shall not be
itit.erpreted so as to regulate the content of the message on the
billb,)ard, unless the content of ttie message is legal-I.y ob,;-Cene-
or otherwise legally prohibited.
This Ordinance shall become effective on the date of its
adoption.
Adopted this day of 1985, by ttie
City of Virginia Beach, Virginia.
KJC/da
10/28/85
10/31/85
(F)
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE I OF THE COMPREHENSIVE ZONING
ORDINANCE OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, BY ADDING TO
SECTION 111 A DEFINITION OF BILLBOARD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VlRGINIA BEACH, VIRGINIA:
That Section 111 of the Comprehensive Zoning Ordinance
of the Code of the City of Virginia Beach, Virginia, pertaining
to billboards, is hereby ainended to read as follows:
Section 111. Definitions.
Billboards. A sign, as defined in this zoninq code,
iticluding the supporting sign structure, that carries a message
which may advertise or direct the attention of the qeneral public
to an establishment, business or service and which is located-on
a separate site from the establishment, business or service which
the billboard advertises.
This Ordinance shall become effective on the date of its
adoption.
Adopted this day of 1985, by the
City of Virginia Beach, Virginia.
KJC/da
10/28/85
(F)
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE I OF THE COMPRFHENSIVE ZONING
ORDINANCE OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, BY ADDING TO
SECTION Ill A DEFINITION OF BILLBOARD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGlNIA BEACH, VIRGINIA:
That Section Ill of the Comprehensive Zoning Ordinance
of tne Code of the City of Virginia Beach, Virginia, pertainiiiq
to billboards, is hereby amended to read as follows:
Section 111. Definitions.
Billboards. A sign, as defined in this zoning code,
iticluding the supporting sign structure, which advertises or
directs the attention of the qeneral public to an establishnient,-
business or service and which is located on a separate site from
tite establishment, business or service which the billboard
advertises. This definition shall not be interpreted so as to
L-egulate the content of the message on the billboard, unless the
ec)ntent of the message i. legall@obscene or otherwise legally
prohibited.
This Ordinance shall become effective on the date of its
adoptioti.
Adopted this day of 1985, by the
City of Virginia Beach, Virginia.
KJC/da
10/17/85
10/28/85
10/31/85
(F)
Requested by: The Mayor's Billboard Committee
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
NOTING THE RECOMMENDATION OF THE MAYOR'S
BILLBOARD COMMITTEE AND AUTHORIZING THAT
RECOMMENDATION TO GO BEFORE THE PLANNING COMMISSION
FOR SUCH ACTION AS THE PLANNING COMMISSION DEEMS APPROPRIATE
WHEREAS, City Council for the City of Virginia
Beach has appointed a committee known as the Mayor's
Billboard Committee for the purpose of examining the
provisions of the Comprehensive Zoning Ordinance dealing with
billboards and to make certain recommendations as to how
those provisions of the Comprehensive Zoning Ordinance
relating to billboards might be amended; and
WHEREAS, the Mayor's Billboard Committee has met
many times in an attempt to arrive at a recommendation as to
how the Comprehensive Zoning ordinance relating to billboards
may be amended; and
WHEREAS, the Mayor's Billboard Committee has made
certain recommendations with respect to how the Comprehensive
Zoning Ordinance relating to billboards may be amended; and
WHEREAS, it is a condition precedent that all
proposed amendments to the Comprehensive Zoning Ordinance
must go before the Planning Commission before Council may act
upon them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the proposed amendments to the Comprehensive
Zoning Ordinance as recommended by the Mayor's Billboard
Committee are hereby referred to the Planning Commission for
their review and recommendation.
Adopted this 9th day of December 1985.
Doc@r 10, 1985
Mrs. Ruth B. Smith
City of Virqinia Beach
Clork,*#,V,w City Council
Dear Ruth,
Enclosed in a copy of a letter which wAs mailec oarlier to
Bob Scott concerning billboards, to be includod with the Bill-
Study Comitteals report. rrom talkinq with Mrs. KoClanan,
Und*rstand that council members are to be ted with.-Wor-
@mation Dec@r 12 on the Billboard Cmait f,@ndings. I r@st
lotter be includ
Novembei ;2
le@Harold Heischob
of-virginia,Beach
23461.(804)422-"
er:
:at.@yourirequest@,On the@Biii@o
erand@haive,-'attended and parti6ipzkti
Y@, -.I"Submit the@following@report based 4
lings;as-a citizen concerned with communit,
ics,'iLnd as a representative of the Virqin'@
,Beautificatiofi Commission.
t
reconunend tha a permanent moratorium b6 establ@shed promptly
6rectioh of additional billboards in Virginia Beach. There
ilbo4rd structures currently ih,our city with 127.messaqe .
@,This is excessive, in my opinion.- Many of the messages are
h products as cigarettes - of very questionable value..
:additi6ri,' I recommend that the current- Virgihia Beach city
ich.l.understand is $10 per year, per structure,,be inerea6ed
00, or more, per message face, as an incentive-@-for the;removal
e viiual blights:and as a means of providing,@revfin
Uo
Respectfull@. submitted,
- 38 -
ITEM II-L
CONSENT AGENDA ITEM # 24665
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, *Vice Mayor Reba
S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
*Vice Mayor Reba S. McClanan Registered a VERBAL NAY on Item #2
- 39 -
ITEM II-L-1
CONSENT AGENDA ITEM # 2 4666
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED:
Ordinance, upon SECOND READING, authorizing the
issuance and sale of $24,400,000 General Obligation
Bonds.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert R. Jones and Meyera Oberndorf
December 9 1985
z
0
0 AN ORDINANCE AUTHORIZING THE
ISSUANCE OF PUBLIC IMPROVEMENT
BONDS OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, IN THE MAXIMUM
0 AMOUNT OF $24,400,000
WR REAS, the City has retired or will retire indebtedness in
an amount of not less than $14,400,000 during 1985, so that the
City will be authorized to issue bonds in an amount of at least
$24,400,000 during 1985 without submitting the question of their
issuance to the qualified voters;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA-.
1. It is hereby determined to be necessary and expedient for
the City of Virginia Beach, Virginia, to construct and improve vari-
ous public facilities and improvements, all of which will promote
the development and public welfare of the City, and to borrow
money for such purposes and issue the City's general obligation
bonds therefor.
2. Pursuant to the authority of the City Charter (Ch. 147,
Acts of Assembly of 1962, as amended) and the Public Finance Act,
there are hereby authorized to be issued public improvement bonds
of the City of Virginia Beach in the maximum amount of Twenty-Four
Million Four Hundred Thousand Dollars ($24,400,000) to provide
funds, together with other funds that may be available, for the
following purposes;
School projects, including planning,
site acquisition and improvement,
construction and equipping of schools
and related facilities $ 9,323,699
2-
Engineering and highway projects,
including land acquisition,
construction, improvement, replace-
ment, expansion and extension of
streets, bridges, highways, bikeways,
beachfront and boardwalk, and beach-
front underwater obstruction removal 4,607,574
Drainage projects, including dredging
Eastern Branch of Lynnhaven River and
expansion of Canal #2, and studies,
design, construction and installation
of drainage systems, culverts, pump
station outfall and related facilities 2,390,799
Building projects, including construc-
tion, equipping and furnishing Central
Library, enlargement of Bureau of
Animal Control facility and landfill
expansion 5,932,641
Parks and recreation projects, in-
cluding planning, land acquisition
and improvement, construction, en-
largement and development of new
parks, bikeways, community centers
and golf course 2,145,287
TOTAL $24,400,000
Any amount not needed for any of such purposes may be used for any
other of such purposes.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from their dates, bear
interest at such rate or rates not exceeding the maximum rate per-
mitted by law at the time the bonds are sold, be in such denomina-
tions and form, be executed in such manner and be sold at such
time or times and in such manner, including the sale of the same
as one or more separate issues or in combination with the sale of
general obligatic;n bonds heretofore or hereafter authorized for
similar or other purposes, as the Council shall hereafter provide
by appropriate resolution or resolutions.
3-
4. The bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
5. This ordinance shall take effect immediately.
Approved this 9 day of December, 1985.
Mayor
FIRST READING: December 2, 1985
SECOND READING: December 9, 1985
- 40 -
ITEM II-L-2
CONSENT AGENDA ITEM # 24667
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED:
Resolution supporting Legislative designation by the
General Assembly for Tax Exempt Status based on certain
criteria.
Voting: 7-1
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
*Vice Mayor Reba S. McClanan
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
*Verbal Nay
December 9 1985
RESOLUTION
WHEREAS, Section 30-19.04 of the Code of Virginia requires
organizations seeking tax-exempt status to request a resolution from
the local governing body supporting a legislative designation, and
%MERF-AS, such Code Section provides questions which the governing
body shall pose to the organization and further provides that the local
governing body may adopt additional criteria which it deems pertinent
prior to the adoption of such resolution, and
lk'HEREAS, the City Council of the City of Virginia Beach recognizes
the service provided by Section 202 subsidized housing f@r the elderly,
and
WHEREAS, the City Council desires to assist low income elderly
residents of Virginia Beach,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, that requests for resolutions supporting a
legislative designation for tax exemption shall in addition to the
criteria established by the Code of Virginia meet the following criteria:
(1) the organization provides subsidized housing for the elderly under
Section 202 of the Housing Act of 1959, and (2) at least 90 percent of
the residents of the property would qualify for 100 percent real estate
tax exemption if they were in their own homes under the City's current
real estate tax exemption program.
ADOPTED: December 9, 185
- 41 -
ITEM II-L-3
CONSENT AGENDA ITEDI # 24668
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED:
Ordinance to Amend and Reordain Chapter 2, Article II,
Division 2 of the Code of the City of Virginia Beach,
Virginia, pertaining to Administration of Basic Pay
Plan.
AND,
Ordinance to Amend and Reordain Article II, Division 2,
of the Code of the City of Virginia Beach, Virginia,
By ADDING Sect. 2-109 (d) pertaining to AAministration
of the Basic Pay Plan.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
- 41a -
PAGE I
Requested by: City Manager/Director of Personnel
AN ORDINANCE To AMEND AND REORDAIN 2,
ARTICLE 11, DIVISION 2 OF THE OODE OF THE
CITY OF VIRGINIA REACH, VIRGINIA PERTAINING
TO ADMINISTRATION OF BASIC PAY PLAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
RUTH HODGES SMITH, CMC 281 CITY HALL BUILDING
CITY CLERK MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
16 January 1986
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Please note the attached front page of the recently adopted Basic
Pay Plan Ordinance, No. 1568 (Amend and Reordain Chapter 2, Article II,
Division 2 of the City Code).
"Page 1" is the adopted front page of this Ordinance.
"Page 2" is the correct front page which should have been
"adopted as revised".
Respectfully,
Ruth Hodges Smith, CMC
City Clerk
cc: City Manager
City Attorney
Director of Personnel
bc: City Clerk
io.
PAGE 2
Requested by: City Manager/Director of P6rsonnel
Am ORDINANCE 7D AUFND AND REORI)AIN DIVISION 2
OF ARTICLE 11 OF CHAPTER 2 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA RELATING ID
ADMINIS7'HATION OF BASIC PAY PLAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Division 2 of the Code of the City of Virginia
Beach is hereby amended as follows;
Seetion 2-101. Definitions.
Range. I'he minimum through @&r@r rlaxintufi) salary
levels assigned to a class.
Section 2-103. Review and amendment of plan; schedule adopted.
(b) A clitknge in the pay rarige of a class stiall not
affect tlie anniversary date of employees in that clktss-)--except
Section 2-104. Original employment.
Or iginal employment shall be tlie status of aii
employee's initial period of continuous employllient with t ti e
c i t y . An i n d i v i d u a I b e g i Fi n i n g emp I o y rii e n t f o r t ti e f i r s t t inle
sha I I u s u a I ]y be placed at t h e f i r s t step of the pay range
es tabl i shed f or the c I ass I n wh i ch empl oyed Occasionally,
however , bas ed on a new emp I oyee I s pr i o r exper i ence and
prof i c i ency i n the same or re] ated capaci ty , pl aceniejit may be
accel erated up to and i ncl ud i ng the (E) step of the ass i gned
range upon recommendation by the employing authority and approval
of the director of personnel. The effective date of original
eiiip) oyrnent sha II be t he f i "t day of--t-he- I)'robs-t-@o nary-per@d-. u
l nd iv i du a I reports f or work f or t tie f i rs t time and shall
constitute ttie first dliv pf the i)robationary period,
Section 2-105. Reemployment.
Reeinployffient stiall be the st8tus of tlie returfling
enip I oy e e I s ernp I o yii,e ii t p e r i o d f o I I ow i iig a s epa r a t i oti f r oni c i t y
empl o yine ii t o f nio r e t ii a ri t h i r t y ( 3 0 ) co[i s ecu t i v e c a I enda r da y s
f r oni t Ii e dii t e o f s epa r ii t i on Tlie e f f ec t i v e da t e o t r e ciiip I pyine ii t
q hii I I bt@ t ti c day t tie r t t u r n no enip I oy ye r LUO r t s f 0 r wo r k . A new
atiri i v c r s 8 r y d a t e s ti a I I be e f f ec t i ve s i x ( 6 ) mon t ti s f r oin t he f i r s t
day of the phy period following the return to service. Sucti
anniversary date shhll be the basis for computatiort of all nierit
increases and ottier s4@ltiry fidjustnients. A returnjjii,, enjl)loyee wlio
is ree:iiployed stiall ustih]ly be placed tit ttie (A) stc-p of tile
position's approved pily raiige. occasiuntilly, huwever, base(i oti
tlie returniiig eiiiployce's prior proficiency alid experi,,iiee in tlie
sbii)e or rc,]Eited ctipiicity, an tiecelertitiori of u[) to Nil iliclild i rig
t Ii c ( l" s t e j) o f t Ii e a s s i g n e Li r ii ii g (- iii a y b (! ii, a d e u 1) on
r e c ojiiiii c ii (i ii t i u ii b y t It e c ii@ 1) I o y i ii g ti u t tio r i I y ii rid u 1- l@ r o v ii I o f t Ii e
d i r c c t o r o f 1. c, r s o ii ri e I Al I t iiiie eijrried i ri prev ivus eitil,loy,ilelit
shH I I jiot t) c. c (.) ii ii t e (I tuwbrds t Ii e 1, r u t) a t i o n ii r y 1) t- r i u d , a 11 11 u a I
I e a v e s e r v i c e (i w a r d s , o r o t Ii e r I o n g e v i t y - b ii s e d (@ ill 1, I c, y ii, e ii t
conditions or benefits. ft a t Ii e r , o it I y t h ii t t i iiie c a r 11 e d f 0 1 1 0 w i n g
actual reeiiiployinent stiall be counted.
Section 2-107. Co n v e r a i o n f r om t ei0po r a r y s t a t u s t o pe rMR 0 e Fo t
status.
Coiiversioii slikill be ttie chtinge, upon the request of ttle
e m p I o y i ii g a u t h o r i t y , f r oni t e rii p o r fi r y 1) r sl'fi'iolilj I @ t 11 t u b t 0
Probt,tiofial o r per iii a ii c, ii t s t b t u s Ul) oil sue ti c o it v c r s i u ii ,
directur of personitel s it ti I I c red i t t owa r d s p i, uL)a t i ort , a 11 ii ii it I
I e a v e , s c r v i c e awa r d s Ei ii d @e r i 4- - i ti@p (,, s i c k- I e u v. e , i. I I p r i () r
time worke@i in - ' , tenll)orary @)r ful 1-tiine st@tsoijul sti@tlls
to t ti o s eeniployces c o ii v e r t e d t o f u I I - t i rne [, r o b ii t i 0 ii a I 0 r
p e r ni a ti e r, tstatus s u b i L: c t t o the provisiolis 0 fs
,;ec t i on 2 - I 0 6 E7of@rsi@-n @atti@-wi 1-1 -@--awtird@
@nt@r@ - &@eel@t tiiy@e--se@vi @ 40 p i ivg- t h*-r r
I,c-lnpori,i-y- enq),@oymr(rrit .
il,iip I o yee s (c,\eludiriL c u I @ z u r @ eiiip I (,V(@e s ) c
f r oin f u I I - I i me t e ip L) p r b r y o r !i s t a t u s tu f LiLi
prohiitionul or Uei,mdiient @tntijq I I Dri(ir tiLLe workej
in a f u I I - t iii e teinl)urtiry or f u I I - t iiiie s c ii s o iiti I s Iti t u s
toward,; ii v ii r i db I c, nit r i t Way inereas,- oii t Ii e e f f c
coinversic,n . Co n v e r .i i p ii s t Ei t u s s Ii ii I I n I v t o I I-c, s e
efiip I o v e e !i wl, o ti Li v e r c i t H 1) I c, s e r v t tic i r
t ei[il)o r n r y efiii) I o @iiieii t .
I-'iii 12 1 o y c e s c o ii v c! r t e d f L" p ti r t - t i ill c La
pa r t - t i iiies ii s c)ii u I s t Li t Li t C) [) u r t - t i ii@e p r o 1) a t i c) iUl o r@@ t i itic
n e r iiiii ii c ii t t ii t u s s It u I I f,
towLirds L) r o t) ii t i o ii e 0 IL t tic e f
(-011 v e r s I Oil .
0 y ecs c uiiv e r t (@d f r uiii f u I I - t frie s t ii t us t r)n r t - t i tue
t ii t us o rf r oin pi@ r t - t i iiie s t a t u s tc) t ul i - t i me s t Li t.us r, A I I ltave
@i or t i iiie workpd creditt:(] towards probation and i)nnulil I elive
the effective date of conversion,
Section 2-109. Changes in pay generally.
( a ) Administrative Increase. An a (Irn i ii i s t r a t i v e
ti 0 11 (,, o r t w,, ( 2 ) r e@ P " Y s t u P c r c-iiik
inerellse shall be
increl,Se
c I a s 5tli&t is awiirded to an einployeu (jisp1ii@ilig
pay range Of 8 t exceedb
exceptiOnallY outstaiiding meritoriuus s e r v i c e t 11 "
sttindards. I.*,,,ployces may be recl)iiui,e tij ed
establistied perforrilblice
for an tidii)iiiistrektive iricrease ui)oil subriiission of ti I e t t L- r o f
justificati(Ill LY the r(-@sp(@(!tive dc,[)brtnieiit hefd to ti,t-
of persoiiii(,] sul)ject t L) tile api)rovill (,f ti,e ei ty Aii
a d ni i ii i s t " " t v (' i ii (- r (I u (. s 11 0 t ii f f t t y
ti ii r, i v tA r y d L, t e .
( L) ) Variable merit increase. A v it r iii e r i t
i iic r eci s e s ii ii I I be e i t Ii e r it oil 0 , t , ( 2 ) , u r t it r (- (- ( )
t c r en@e ii ti ii c r e t, t, (@ w i t 11 itile I)ay rfilig, of t II L. h ss t
I glied g r ti@ t e(i t u f Ll I I - t i
wli i ch t ti (I L"I't) I u@ ee i s u @s S I
emplc,yees, t lit' tis Eiwti r ded bas ed oii j oL) i)t, r f o riiitii,ce t, s ev& I u,, t 'd
by t tie c i t y -w i de pe r f or(iii, lie c, , v a I ,ti t i on [) r og r iaiii - l' 11 c 1, c-;ii I y C' ('
s h it I I b c f 0 rilid I IY ev ti I u a t c d a rid r ii t ed oil 1, i s o r I,, r ivi-
bnn iversary dkite aii,J eacti succeeding lif,iii versilry 'ji,tt- ttieretif t(,r
to deternii ii t- t I)e I e v t I0 f P(, r f o riiiii ',c! ct ti (. ellip I (,y U (' 11 it s ii - 11 i t@ v (',J -
Based o ii t h i srHt i jig I tic, eiiip I oyet' s ii 11 I I be ItNl r ie (I c i t Ii c rflu
i n c r e b s c f o rb eIow aece[)table perforniailce, a o it e - s t ep ( 2 -I 2
p e r ce nt i ii c r e a s e f o r ti c c ep t a b I e p e r f o r nia n c e b two-step 5
pereen t inereas e f o r very good p c r f o rfnbl i) ce , 0 r ti t l@ r c e - St e P
( 7 - 1/ 2 p ereent )increlise for an out sttiridijig perforitiatice r ii iing
subj ect to f i na Iai)pruvu I by the c I t y inanager . flowever, al I
employees complet ing the probat ionary per iod shal I be el igible
f or no niore than a two-step adjustment. Me r i t iiicreases shall
beconie ef feet ive on the employee' s aiin iversory date as prov ided
in sectioll 2-116. Th i s i iic r eas e i S not au t omat i c-8 I I Y a,,ti r ded
b u t is given based on j o b perfor,,iance. Merit i nc r eas es sill,
only be awarded to ful I - t i nie pe rrna,,ell t einp I oyees -
( c ) Admin i 9 t r & t i v e dec reage . An adiii i n i s t r t, t i v c
decrease slibil be detiiied BS , two (2) @guil" Pay t,p r(:ducti(JI,
.,t @-.r-odw@t i@ wi t t, i n ttle Pt'Y ratige of
P-Y
class as di!,eiplinary action as th(, result c)f u'ls"t'sfbetury jub
perforiiitijice or miscoil(iuct. Ati adiiiiiiistrhtive decreuse r(-quires E'
subiiiit t ed L)y t lie res pectivc' (it@pei r tii,e[it
1 e t t , r 0 f i us t i f E' t ' 0 [1 l@ L a pi) r o v til
head t, th(,, director of personiiel tind is s,,bject to t
o f t h , city maneiger. An iii ve r s tiry d8 t es are riot off@cted by 8 f,
administrative
wh-i-ch--Ca-"-,--th- -@xt
9 h@1-Y
det-rea,s@. 4-17
d -ea-r e er - a-te P_ a fi- - t ID- 4K,
Af twr--t,4ru4 -yutir 5i -ot
-P
e4t@ki- t-W
-slititi--becmne
A[-LUr-
f
,e+
emv@oye-F-strEryl-,beco- ig
-4tR
-M ",s
'64,4 1 1-
d -aud
ted- -At
110
ve r. 9 a n- in--tht: at!*
e-@htli 1- -eHV@ay@ p"Mo
t- u t I &i "L' L3
t,,d
it, -the ay di f f er('Iit i L)e
( f pay differential. A cElssificatiin
authorized wticnever all e,,,Ployee cumi)eiisated in I to requir(@
which is flut designixted by ttie director If persolill('
i (. l@ c urlu ic, n
ork a shift w" I
s h i f t wo r V, i s r eg u I i, r I y assigIlLd to w 3 a -m - Suel, e[lil)loye(-,
oil r betwel@ll tlle liours of 3-00 P,M, t c) i)tiy stel,
sliall r e c e i v e ttie eqti i V 8 I e n t Of atwo r C-g
to their n,rnltl s a I a r yr
differential i n add i t i o n .. issigned to
worked during sucli t i ille per i uJ )nl y Einpl OYe
hours . ligible tirider
regul&rly scii,duled rotating silift work st,dil be ine
tt,e provisions of ttli S SLibsection.
Section 2-110. Proinotion. ileellierit by ellil,loyc(-@ to
A proiiiotion stift I I be 1,11 advti .i
,l t , ti n ell, ploy,e i n c (i U 11 c t i
ti i g y j t i es . Wh(@ii clili) I ')Y"f"' " r t'
c r e ti s e It job d u t i t's i r e s Puli s IIIU ill 12 11 f r
j) r oillo t e d , i lie i r s a I a r y s lit, I I t) n c r e k, s u It
f r (4 )PBY inerement ,L)Ove t lie r
t 1, L, t c I a s s (A step) 0 r gretttcr. Itow(,v(-@r . sucti
present rai,ge ond step, witichever is
place tile employee 't " Psy St p in ttie runge
increase stiall not of
of the new p.sition iiigt@er ttitn the pay step h,ld in the rAnge
I'l,e effective detl@ (If kl 1 Proillotiolis St,til
the foriner poblitioll, Employees wtio are prumote(j
be the f irst day of tlie pay period. vfiritible iiierit
on their atiniver9ary d " te and are el igible for ,
receive a O"-@, two (2) , or
increase nay
t hre e I 'if p ti y !, t ep AYn - Of@ -ch f C'C-I- -tit i-P i tic re iii (-ii ii e r t- it
based o n t lie e n) 1) I o y e e I s p c r f o r n i a n c e c v a I u ti t i o n , i it t, d d i t i ()ti t C)
the pay i iie r ciiien t s reeeived for ttle proni(,tion. flowever, sucti dii
ii)crease stitill nut pltice ttie empluy(,e at a pay step iii ttic rtilige
of the new po s i t i o ri higlier t Ii tin t ti ii t pay step wtiieti wokild ti El v t@
been received i ii t Ii e f u riiie r pus i t i ori hti(i A p r OITIU t i 0 11 iiot beei)
grtiiit ed .
Section 2-111. Demotion.
A deii,ot i oii sliti I I be a re,ikjc t i oti i n t @ie ii@ty r iiiige 0 f till
eiiip I o y e e ii c o ri j u fi (- t i o ii w i t Ii fi c ti a ti g e ii j o b (i u t i es a li,j
responsibilities. Wti(,ii tiri ()yee i s reduced tu ti low(,r [)ay
raiige , ttie s I ep wi t Ii i ii t tic iiew pay I'l,fige stin I I be d(- t c riiii IIC(J I)Y
t he d i r ec t o r o f pe r soiiiie I I f ttic deiiio t i oij i s o f a vo I tin ta ry
na t ure , iiidle ii t t lie reques t uf ttie er.,p] oyee , t lieri t lie brill i v(-rsti ry
d a t e o f e I i g i b i I i t y f o r v ti r i ab I e fner i t i ri(-retis (-s ,, 1, ii I I n u t b c
a d j u s t c d - ti-it @ e 9 s- - t @ @ -,A eH@t i ofv - i H-v@l v e s -i1/2 , i g tili,t4@ I It) El Ji @ f ef -c-it t
de" P I H@f t , -d i v 4 @ @ 0 H- -o P 6 u F.(,4u - -0 P - ti S 6 i lg4fAHe fl4 to k -"Fk,,klr ki t ip f
i4v-wkik-li -e4ist-, I h -C' 41 [I J) P el Ik P 4i t -e - b Ii 4i f' i, ki 11 y It . I L- 1, k I I l@
de4@ P Fii i K@d - &y - t h*-' -d i P t U F' -0 @ @ @ a f,iH'
Section 2-112. Reelbssification.
( a A r c c I h s s i f i c ti t i o n s ti ii I I b (- a r e a s s i g ii@i i (, ii t u f i I I e
a p 1) r o p r i Lt t e o b t i t I e , pay rtinge tiiid steli to titi viiii,loyce wituse
j o b respoiis i b i I i t i es liiive evo I ved t o a dlgree t Ii tt t t tic pr es eli t
job classifi cation does not accurtitel y reflect t lie ae i uh I du t i es
perforiiied. Wheii sucti [)osition caiiiiot accurhtely be described or
compenshted by as s i giiiiien t t u an ex i s t i ng c I a s s , tile director of
persorinel shall establish a new class with appropriate range hnd
t 1 t I e , s u b j e c t t o t ti e approval o f t lie c i t y ni ii ii ii g e r . Wti e n
qnip I ovees ar P ri t t,e i r sa I fir y ;i)aII b e -.U
the 'A' SteD nf_, R%sivned to s c@r four
(4) Way iiieromptits above thpi r presc-nt .nvp and sted wILietiever
is L, r e at e r - However, suet@ kill increo,,;t, @ 11 11 I I n o t r) I a c e a 11
emp I a X e e a t n n n X s t e p i n t h e r A n L, L, n f t ti e n eW c I a s s ti i @ l@ p r I @
t h P D a y S t e p h P I d i n t h e _r El n v p () f t Ii e f Q rn,(- r c I a s s . 'i ti e (i i r e c t C) r
o f p e r s o ii n e I s fib I I d e t e r iii i ii e i@ n appropriate pay s t el) ti ii d
anii i ve r sti ry da t e blis ed or, t lie eflip I cy(,e I s I orig(,v i t y i 11 t tie w(@ r k (i f
ttie class to wtiieli reeltissified.
Section 2-113. Transfers.
( a A t r a n s re r o f tiii emp I oyee f ruiii oiie d(-[)a r tii,e(i t ii I
bureau eude to anotljei- withint Ii c s alile d ep El r t niell t s 11 a I I b e
c o n s i d e r e (J a t r a n s f c i, v, i t Ii i nt h e (I (.pi, r I iiie ii t I f t r i@ 1, -1/2 f e r
wi t h i ii tlie dpr)a r t nie ii t i riv v @ ,A r) r ciiio t i olL o r t i oil thL
o f t h e api@ r o i) r i Li t e ac L i oii t) [i I I 8 f)P I y - ()t t,c- rw i !i c @ whefi @i, I cl i L, L, s
t r Et n s f e r i t IL i ii t lie d- U i, r tni u ii t 11 0 i@ ii L, c (i f t ii t u -1/2 u i
n tin i v e r s Li r d a t L S 1,Lt I I c@ (, i, Li r .
( b A t r i, ii s f (, r o ft, ii eiii@) I o y c cf r uni o ii e (i El r I ilie ii t 1, I
b u r e Ii Ll C 0 (J e t (I 11 11 () t ti (, r s ii ti I It@ c c o ii ,; i (j (- r e (i ti I ri,ii., f er betw(,(-ii
dep a r t riieri t s I f a t r ii ii s f c- rb c t w( t, ri d (, p 8 r t iiie n t 1/2 i ii v u I v e s a
p r on,o t i oii o r deiiio t i oji , t tic r u I e s o f t 1, e tipp rop r i i, t c- )i (- I i oli @, l,ii I I
a p p I y . Ot [,e rw i s c - wli en eniployees trhnsfer be t wevii (J ept. r tiiieli ts ,
t o--t4e-@fti" -CA-ess- o f -pt) 4 i t i@i no e lia nge o f s t fi t ii s o r t, [ill i v c r s ii r y
da t e ; hit I I oce u r . @e ti@ ;
Section 2-116. Anniversary date.
The anr)iversary date s ti a I I b e the date oil wt) i ch a 11
employee beconies eligible for a variiible merit increase. An
employee's f i r s t ii ii ii i v e r s a r y d b t e !, 1, a I I g c n v r it I I y b e tti c
effective date of pernia lie tit s t ti t u s provided t lie eilip I oy ec 11 ti s
c o ii t i n u e d i n t Ii e s aa)e i o b c I ii s s i n a f u I I - t i nie c ii p a c i t y a s
origiritilly ernployed. Ottierwise, the eniployee's first tinniverstiry
d a t e s lia I I be six (6) moriths frcm the date assigried to preseiit
job class, except sworn police and fire job classes in wfiicti ease
t h e f i r s t ani)iversAry date s tia I I be twelve (12) in()iitlis f r urii t lie
d a t e assign(@d to t h e c I Els s. I'liereafter, the uriiiivc-rsfiry dilte
shall be one y e a r f r om t h e d a t e o f t h e I Ei s t pro[iiotion,
discipliiiary d e ni o t i o n , QL award or deii i a I o f 0, v ti r i Li b I c iiie r i t
i n c r e it s e-,- -o r - @s s@ girinent - tv - n@ - 1 vb - t-l@ 5 s- -d i s@hni i uT - -t-u - ttre - jut
e 4@!t s- -Y o@t7e d-,-- ex@p t- -where - i!r -c a@e r - -s t ep- - i s- - i nvu @ v ext- - i n- -whi@l
e a@ --@ t - @ h a+ I - @e- -t h@ e- -( 5-Y - y@tt r@ - f i-arri- - t h-u - @f f e-u t i Nv - d-ut e - -u f
ae-t-@n . liowever, wtiere a demotion action of nondisciplinliry type
i s i nvo I ved and t lie work requ i renieti t s o f t lie f ornier pos i t i Oil Li re
app I i c ab I e to the work requ i ren)en t s o f t tie 1 ower [)us i t i on , t lie
employee's presetit uri n i ve r sa ry dEi t c -may r enia i n uiieliet itged.
Requested by; City Manager/Director of Personnel
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE II, DIVISION 2 OF THE CODE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY ADDING SECTION 2-109(d)
PERTAINING TO ADMINISTRATION OF
BASIC PAY PLAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-109(d) is hereby added to the Code of
the City of Virginia Beach, Virginia, pertaining to
administration of basic pay plan and shall read as follows:
Sec. 2-109. Changes in pay generally.
(d) Lump sum incentive award. In addition to the
fifteen (15) pay steps (A) through (0), employees at the "Oll step
shall be eligible on their anniversary date for a lump sum
incentive award of three hundred dollars ($300.00) provided that
their annual performance reflects that they have exceeded the
performance standards for their position or a seven hundred fifty
dollar (750.00) lump sum incentive award if the employee
demonstrates performance of an exceptionally high standard, which
resulted in practical innovative ideas or methods involving
efficiency in time and process, a major documented cost savings
to the City, or resulted in extreme bravery or risk for the
benefit of the City,
Adopted this 9 day of December, 1985, by the Council
of the City of Virginia Beach, Virginia.
RMB/da
1 2/5/8 5
(A)
- 42 -
ITEM II-L-4
CONSENT AGENDA ITEM # 24669
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED:
Ordinance declaring that certain property adjacent to
Haygood Road at or near Bayside High School and Luxford
Elementary School EXCESS and authorizing the City
Manager to convey said property to the Commonwealth of
Virginia for Road Widening Purposes.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
December 9, 1985
z
1-
z
0 AN ORDINANCE DECLARING THAT CERTAIN
PROPERTY ADJACENT TO HAYGOOD ROAD AT OR
NEAR BAYSIDE HIGH SCHOOL AND LUXFORD
ELEMENTARY SCHOOL EXCESS AND AUTHORIZING
THE CITY MANAGER TO CONVEY SAID PROPERTY
TO THE COMMONWEALTH OF VIRGINIA FOR ROAD
WIDENING PURPOSES
TORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the Department of Highways and Transportation
is in the process of acquiring the right-of-way needed for the
widening of and improving of Haygood Road, Project UOOO-134-107,
RW-202, City of Virginia Beach, and
WHEREAS, the below-described property was conveyed to
the City of Virginia Beach by resolution duly adopted by the
School Board of the City of Virginia Beach on the 17th day of
September, 1985, for the Haygood Road Project, and
WHEREAS, the Department of Highways and Transportation,
Commonwealth of Virginia has offered to purchase the
below-described property for its fair market value;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA.
That the following described property is hereby declared
in excess of the needs of the City of Virginia Beach and that the
City Manager is authorized and directed to convey said property
to the Commonwealth of Virginia in consideration for its fair
market value.
All that certain piece, parcel or lot of
land being as shown on Sheets 12, 13, and
14 of the plans for Haygood Road, State
Highway Project UOOO-134-107, RW-202, and
lying on both sides of office revised
centerline and adjacent to the existing
north right-of-way line of present
Haygood Road from the lands of John
Hawkins at approximate Station 99+46 to a
point in the lands of the landowner at
approximate Station 101+45, thence lying
on the north (left) side of the office
revised centerline and adjacent to the
north right-of-way line of present
Haygood Road from the last said station
to the lands of Carroll Gordon Oliver
opposite approximate Station 108+76, and
containing 0.526 acre, more or less,
land, together with the temporary right
and easement to use the additional areas
shown as being required for the proper
construction of cut and/or fill slopes
and containing 0.122 acre, more or less.
Said temporary easement will terminate at
such time as the construction of the
aforesaid project is completed.
It being a part of the same property
acquired by the School Board of the City
of Virginia Beach, from the City of
virginia Beach, a municipal corporation,
by deed dated March 27, 1975, and
recorded in the Clerk's office of the
Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 1477, at
Page 742.
Together with all that certain, piece or
parcel or lot of land being as shown on
Sheets 16, 16B and 17 of the said plans
for Haygood Road, and lying on the north
(left) side of survey baseline and
adjacent to the existing north
right-of-way line of present Haygood Road
from the lands of Trustees of Calvary
Baptist Church of Virginia Beach opposite
approximate Station 145+18 to the lands
of Lee A. Gifford (Haygood Halls
Apartments) opposite approximate station
152+27, and containing 0.653 acre, more
or less, land; together with the
permanent right and easement to use the
additional areas shown as being required
for the proper construction and
maintenance of a drainage ditch left of
approximate Station 145+15 as indicated
on plans, containing 0.455 acre, more or
less, together with the temporary right
and easement to use the additional areas
shown as being required for the proper
construction of cut and/or fill slopes
and containing 0.367 acre, more or less.
Said temporary easement will terminate at
such time as the construction of the
aforesaid project is completed.
It being a part of the same property
conveyed to the School Board of Princess
Anne County, Virginia (now The School
Board of the City of Virginia Beach) from
W.W. Oliver, IV and Lillian S. Oliver,
husband and wife, by deed dated May 25,
1960, and recorded in the Clerk's Office
of the Circuit Court of Princess Anne
County, virginia, now the Circuit Court
of the City of Virginia Beach, Virginia
in Deed Book 640, at page 239.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on the 94ay of December 1985.
Ai,PROVED AS
JAR/rab
10/22/85
(ORD/I) SIGNATU
DEPARTMENT
APPROVED AS TO FOra,.z%i
-2-
GNATtl E
CITY ATTORNEY
- 43 -
ITEM II-L-ADD ON
CONSENT AGENDA ITEM # 24670
Upon motion bv Councilman Jennings, seconded by Councilwoman Creech, City
CouncilAPPROVED, upon FIRST READING:
Ordinance to appropriate $117,703 from the General Fund
to the School Board.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberadorf
December 9, 1985
AN ORDINANCE TO APPROPRIATE $117,703.00
FROM THE GENERAL FUND TO THE SCHOOL
BOARD OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
THE CITY OF VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF
BEACH, VIRGINIA:
WHEREAS, by Resolution duly adopted on the 17@/7 day of
1985, The School Board of the City of Virginia
Beach, Virginia determined that the property described in said
Resolution was surplus; and
WHEREAS, by recordation of said Resolution in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book , at Page _, the title to
said property became vested in the City of Virginia Beach,
Virginia; and
WHEREAS, said property has been conveyed to the
Commonwealth of Virginia in connection with the Department of
Highways and Transportation, Haygood Road (Project No.
UOOO-134-107, RW-202) widening and improvement project, for and
in consideration of the sum of $117,703.00; and
WHEREAS, S 22.1-129, Code of Virginia, 1950, as amended
indicates that funds from the sale of such property are subject
to appropriation by the local governing body; and
WHEREAS, City Council believes that the aforesaid funds
from the sale of surplus school property should be appropriated
to The School Board of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH THAT $117,703.00 BE APPROPRIATED FROM THE
GENERAL FUND TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH.
This Ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on( the day of 1985.
First Reading: December 9, 1985
Second Reading:
JAR/rab
8/12/85
(ORD/G)
- 44 -
ITEM II-L-5
CONSENT AGENDA ITEM # 24671
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and
discontinuing a portion of Goose Landing in the petition of Hudgins
Associates as per the following:
Application of Hudgins and Associates for the
discontinuance, closure and abandorment of a portion of
Goose Landing beginning at a point 1,290 feet more or
less from the intersection of Goose Landing and
Huntsman Drive, running a distance of 368.92 feet in a
Northwesterly direction along the Southern boundary
line, running a distance of 59.69 feet in a
Northeasterly direction along the Western boundary
line, running a distance of 336.22 feet in a
Southeasterly direction along the Northern boundary
line, and running a distance of 50 feet in a Southerly
direction along the Eastern boundary line. Said parcel
contains 19,415 square feet (Lynnliaven Borough).
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
44a
-25a-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET KNOWN AS GOOSE LANDING FORMERLY KNOWN AS
EIGHTH STREET, LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED,
"PLAN OF PROPERTY PROPOSED STREET CLOSURE STREET LYING SOUTH OF
BLOCK 18 SALT MARSH POINT", WHICH PLAT IS RECORDED IN THE CLERK'S
OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN MAP BOOK , AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has
been given by Hudgins and Associates, a Virginia corporation,
that it would make application to the Council of the City of
Virginia Beach, Virginia, on October - 1 1983, to have the
hereinafter described street discontinued, closed and vacated;
and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed and vacated:
ALL THAT certain part or portion of Goose Landing,
formerly known as Eighth Street, situate in the
City of Virginia Beach, Virginia, and more
particularly described as follows: Beginning at
the southwestern corner of Lot A as shown on that
certain plat entitled "Resubdivision of Lots I
thru 19 and 40 thru 52, Block 18, Lakeview" which
said plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 142, at page 37; from
said point of beginning S 560 081 17" W 59.69 feet
to a point; thence along the southerly side of
Goose Landing S 67* 021 45" E 368.92 feet to a
point; thence N 22* 571 15" E 50 feet to a point;
thence N 671 021 45" W 336.22 feet to the point or
place of beginning. Said area to be closed more
particularly shown on that certain survey entitled
"Plan of Property Proposed Street Closure Street
Lying South of Block 18 Salt Marsh Point".
October 10, 1983
44b -
25b -
,;aid p,,rcels of lan(i being a portic)ri of Goose Landinq formerly
knc)%.ji) as Eighth 1-treet as indicated on that certain plat of
propf?i-t@, entitled "Plan of Property Proposed Street Closure Stret
Lyii,.g South of Block 18 Salt @larsh Point", which plat is recorded
in the Clerk's Office of the Cii-(-,tiit Court of the City of
vii-ginia Beach, Virginia, in Map Book at page and
which is made a part hereof by reference.
SECTION II
A @-crtified copy of thi.- Or(iiiiance shall be fileci in the
Officc, of tlie Circuit C(,ui-t of the City of Virginia Beach,
inclexed in t@he name of thc., Ci.ty of Virginia Beach, as grantor.
SECTION III
This Ordinance shall be effective sixty (60) days from the
date of its adoption.
ADOPTED: December 9, 1985
2
- 45 -
ITEM II-L-6
CONSENT AGENDA ITEM # 24672
Upon motion by Councilinan Jennings, seconded by Councilwoman Creech, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and
discontinuing a portion of Ranger Street in the petition of Roland & Virginia
Copeland:
Application of Roland H. and Virginia L. Copeland for
the discontinuance, closure and abandorunent of a
portion of Ranger Street beginning at the eastern
boundary of Maralon Drive and running in an easterly
direction a distance of 189.25 feet. Said parcel is 50
feet in width and contains 9,463 square feet
(Kempsville Borough).
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Ilarold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClannan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
December 9, 1985
- 45a -
- 8a -
'@"DINANCE Iii.
I@l TH2 @@ATT@.' OF CL-)SIIIG, VACATIIIG, ANID
DISCOIITI14UING A PO@-I'TI)II )F THAT CE-PITAIN
I
STLIE@@'T )F @.VIDTH IF 50 FE'-?T Kiij'.,Ill AS @AiqGE-,
ST"@E-'-?T, L@'CATi@D I@l THE- KEIVTSVILLE Bj-,IOU,-,H
@)F TH.'@ CITY -',F VII@GINIA BEACH, VI@-,IGINIA, AS
SHI!@II'l @ill THAT C,.'.iTAIi PLAT ENTITLED, "PLAT
SH.,-,III\IG P@'OP)Si-@D ST'IE@T CL)'SING .)F PART iF
i-,IANG@.?' ST',],-'-@T, AVAL,JN VILLA, KEIITSVILLE
B @ -OU(!H, VI "GI!IIA BEACH, VI @CRINIA, Po'@
ROLAND H. COPELAND -OCAL-71 -D
"' = 40' DATI@
AUGUST 4, 1984 BY JU4@S C. HICKlilAli, LAND
SU -,VEY VI IGINIA B-,A'-H, VI.@GIIIIIA (1@'84-
650 PLAT @i'CORDED Ill VI-@GINIA BEACH,
VI':IGI@IIIA IIAP B " )]'@ 85 PAG@ 41)
'@;IH'@:",IAS, it appearing by affidavit that or.,)Oer
notice has been .-iven by -loland H. CoT)eland and Vir.-inia
L. Cooeland, that it would make aD
plication to the
Council of the City of Virginia Beach, Virginia, on
Septembe-- 10th, 1984, to have the hereinafter described
street discontinued, clised, and vacated; and
:,IH;'@EAS, it is the judgment of the Council that
said street be discontinued, closed, and vacated;
TH'i @RFO_,-',
S'@CTIO14 1
BLE IT J-@DAI@T-@D by the Council if the City of
Virginia Beach, Virginia, that the hereinafter described
street be discontinued, closed and vacated:
@@anger Street beginning at a point on the,
East side of Maralon Drive and thence N 4
33' E a distance of 50-00 feet to a Doint
along Ri_-ht.of vlay )f Maralon Drive, and
thence S 85- 27' 3 for 189.25 feet to a n@)int,
whege the open part of !@an.-er St. ends, @hence
9 4 33' @ for a distal3ce of 50 feet, t,) a
point, thence liorth 85- 27' 11 frr a distance
of 189.25 feet to the pdint of be.-innirig.
(Portion to be vacated is designated as
9412.5 square feet Df .-'.,anger Street.) All
the above, as shown udin that certain plat
entitled "Plat shc)wing proDDsed street closing
of Dart of Ra@er Street, Avalon Villa, Kempsville
B)rough, Virginia Beach, Virginia for Roland H.
Copeland Scale 11, - 40' dated Au.-Ust 4, 1984 by
James C. Hickman, Land Surveyjr, Virginia Beach,
Virginia ("'f'84-650 plat recorded in lviap BoDk 85
page 41)
'@lhich Dlat is attached hereto and made a Dart hereof
and intended t) be recorded ivith the Ordinance closing the
aforedescribed street.
January 14, 1985
- 45b -
- 8b -
A certified col)y c)f this Urdinance shall be filed in the
,,)I'fice of the Cit-ouit Cout,t of the City of Virginia Beach,
itid(,xe(I in the nam(@ L)f tile City of Virginia Beach, as grantor.
.@t@CTT )N III
This Ordinance shall be effective sixty (60) days from the
date of its adoption.
ADOPTED: December 9, 1985
- 46 -
ITEM II-L-7
CONSENT AGENDA ITEM # 24673
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and
discontinuing a portion of Rouse Drive in the petition of Fred Dean:
Application of Fred J Dean III, for the discontinuance,
closure and abandonment of a portion of Rouse Drive
beginning on the east side of Grayson Road, running a
distance of 30.12 feet along the east side of Grayson
Road, running a distance of 248.90 feet along the
northern property line running a distance of 78.83 feet
in a northeasterly direction, running a distance of
54.32 feet in a southwesterly direction, running a
distance of 42.45 feet in a northwesterly direction and
running a distance of 218.90 feet along the southern
property line. Said parcel contains 9,016 square feet
(Kempsville Borough).
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
Decembe
46a -
- 10a -
ORDINANCE NO.
IN THE MATTER OF CIDSING, VACATING, AND
DISCONTINUING A PORTICN OF THAT CERRAIN
SrREET OF WIDTH AS IRDUSE
D@, LOCATED IN THE KEMP BOROL)GH
OF THE CITY OF VIRGINIA BEACH, VIICINIA,
AS SHOWN ON THAT CERRAIN PLAT EMITLM,
"RE-SLJBDIVISICN OF PROPEMY OF FRED J.
DEAN, III, TT.T.F BOROUGI, VIRG@
, VIRGINIA", A PoRrI()N OF
ROUSE DRIVE TO BE CLOSED AND RELOCATED
AS SHOM ON SAID PIAT FOR FRED J. DEAN,
III, WHICH PLAT IS RECORDED IN THE CLERK'S
OFFICE OF THE CIICUIT COURT OF THE CITY OF
VIRGINIA VIICINIA, IN MAP 1300K
AT PACE
WHEREAS, it appearing by affidavit that proper notice has been given
by Fred J. Dean, III, that he would mke application to the Council of
the City of Virginia Beadi, Virginia on August 13, 1984 , 1984,
t-o have the herinafter described street discontinued, closed, vacated and
relocated; and
, it is the ju@t of the Council that said street be
discontinued, closed, vacated and relocated as shown on said plat; and
that no public inconvenience will result therefrom.
NOW, THEREFORE,
SBCrICN I
BE IT ORDA= by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described street be disccntinued, closed and vacated:
BBGINNING at a point on the northeast corner of POuse Drive
d Grayson Road; Thence running along the north side of
Rouse Drive N 701 051 00" E 248.90' to a point, being the
northeast corner of Rouse Drive; Thence turning and running
along the east side of Rouse Drive S 23' 09- 00" E 30.00- to
a point of curve; Thence along a curve to the left with an
arc distance of 48.831 and a radius of 44.711 to a PC)int;
Thence turning and 9 across lbuse Drive in a southwest-
erly direction s 651 351 59" W 54.321 ro a point on the
Western side of ROuse Drive; Thence turning and running along
the westeni side of Rouse Drive N 23- 091 00-1 W 42.45' to a
Point that marks the southwest corner of Rouse Drive; Thence
t-i.ng -d ng along the south side of Rouse Drive S 70* 051
00" W 218.90' to a point 10cated at the southeast corner
of Rouse Drive and Grayson @; Thence tuming and running
along the eastern side of Graysm across Rouse Drive N
22' 421 30" W 30.121 to a point, the point of beginning.
The portion of Rouse Drive described above, contains 0.2070 acre.
Said parcel of land being a porticn of Rouse Drive as indicated
on that certain plat of property to be vacated along existing Rouse Drive
for Fred J. Dean, III, which plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book
, at Page , and wilich is made a part hereof by reference.
- 46b -
- 10b
'i@-PION 11
A c,,Y'tifi@ copy of th-is Ordinanc,? stiall be filed in the Office
of the Circuit Co@ of tlie City of Vircjinia Beach, indexed in the
of tli@ Ci,ty of Virgi-nia @, ch, as graitor.
SBOrION III
This Ordinance shall be eff(-,ctive sixty (60) days from the date of
its adoption.
AI)C)P'rL'[): Dc,,-,eiiibLc 9, 1985
l@@six-@ttully subatitted,
fred i
3895 0
Virginia VirgirLia 23452
- 46c -
- loc
SIIAMEI'. 8C BYIIUM. lj.c.
ATTORNEYS ND COUNSElOR5 @T LAW
21415 OLD OftElEN13HIRR ROAD
TELEPHONE (604) 420-9653
ROBERT . B@.UM F. 1. E..,
STEVEN F. SHA.ES 01
THO.AS E. EYRU.
CE@RrIFICATE OF VESTING Or TITLE
I, rrcd J. DLan, III, do hereby cl@rtify th-at:
1. I am an attorney at law and am also the petitioner.
2. @t if thL- propl-rty described belc)w is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia, then
title to said property will vl-st in rred J. Doan, III, tlw adjacent land-
owiiL,r, wlio is Uu@ lv)ILILr of Liu-, Lui@,rlyillLj 1-@, iii s"d pi-owt.@Ly.
The said properly referrl-d to hl-rein is her@y dL-scribLd as follows:
BEGINNING at a point on thL- northeast corner of I;buse DrivL-
@ Grayson Road; Thence rwining along thL, north sidl, of
I?ouse Drive N 701 051 00" E 248.901 to a point, being tiie
northeast corner of Rouse Drive; Thence turning @ running
along the east side of Rouse Drive S 231 091 0011 E 30.001 to
a pc)int of curve; Thence along a curve to the left with an
arc dis@e of 48.831 and a radius of 44.711 to a pc)int;
Thence turning x4 running across lbuse Drive in a southwest-
erly direction S 650 351 59" W 54.321 to a point on the
western side of Rouse Drive; Thence turning wO running along
the western side of Rouse Drive N 231 091 0011 W 42.451 tc) a
point that @ks the sou@est corner of Rouse Drive; ghence
turning and running along the south side of Rouse Drive S 70'
051 00" W 218.901 to a point located at the southeast corner
Of ROuse DriVe and Grayson PDad; Thence turning and running
along the eastern side of Grayson Road across Rouse Dri.ve N
22' 42' 30" W 30.121 to a point, the pc)int of beginning.
pc)rticn of Rouse Drive described above, contains 0.2070 acre.
Respectfully submitted,
Fr6d J. *an, iii@
Attorne:V at law
August 13, 1984
- 47 -
ITEM II-L-8
CONSENT AGENDA ITEM 24674
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED,
BINGO PERMITS:
St. Nicholas Greek Orthodox Church
Plaza Junior High Marching Trojanettes
St. Matthew's Catholic Church
Diamond Springs/Gardenwood Park Civic League
Aragona Village Moose Lodge #1198
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
- 48 -
ITEM II-L-9
CONSENT AGENDA ITEM # 24675
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED:
RAFFLE PERMITS:
Virginia Beach Moose Lodge #1998
Tidewater March of Dimes
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
- 49 -
ITEM II-L-10
CONSENT AGENDA ITEM # 24676
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED:
BINGO/RAFFLE PERMITS
Aragona Community Recreation Center
Men's Club of St. Gregory Catholilc Church
Chesapeake Bay Skating Club
Kellam Band Parents Association
Hampton Roads Youth Hockey Association
Council of United Filipinio Organization
Kehillat Bet Hamidrash Synagogue
Residents of Westminster Cantebury
Friends of Roller Skaters/Kemps River
Ghurch of Ascension
Old Dominion Aquatic Club
Plaza Little League, Inc.
Hebrew Academy of Tidewater
Virginia Beach Skating Club
K. B. Men's Club
Roma Lodge #254
Star of the Sea School
Plaza Recreation, Ltd.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
- 50 -
ITEM II-L-11
CONSENT AGENDA ITEM # 24677
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NFCESSITY
Urba@Lite, Inc. - Total Requested: 1 for-hire vehicle
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
- 51 -
ITEM II-L-12
CONSENT AGENDA ITEM # 24678
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED:
Ordinance to authorize a temporary encroar-b3nent into a
portion of the right-of-way of Atlantic Avenue and 6th
Street to Fountaiiihead of Virginia Beach, Inc., T/A
Ramada Inn.
This encroachment shall be subject to:
1. The owner agrees to remove the encroacbment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroacbment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's rigbt of way.
5. A highway permit must be obtained and a bond posted
prior to commencing work within the City's right of
way.
6. The owner agrees to rebuild the sidewalks on
Atlantic Avenue and 6th Street to conform to the
specifications proposed in the Atlantic Avenue
Revitalization Project. This should include:
(a) Street tree planting
(b) Sidewalks paved with the specified paving
unit
(c) Street furniture (approved benches, planters
and trash receptacles)
(d) Small Scale pedestrian lighting
7. The owner agrees to submit a landscaping plan
delineating the above noted improvements to be
approved for site plan approval.
- 52 -
Item II-L.12
ITEM # 24678 (Continued)
8. Items in 6 above are to be in accordance with the
following specifications:
GENERAL SPECIFICATIONS FOR STREETSCAPE DESIGN
GUIDELINES IN THE RESORT AREA
(a) Sidewalk Pavement: Hastings London walk
paver, exposed aggregate #19 as manufactured
by Hastings Pavement Co., Inc., 30 Commercial
Street, Freeport, NY 11520, or approved equal.
(b) Planting Zone Paving: Local Virginia red clay
brick (laid in running bond pattern).
(c) Tree Grates: Cast iron 180 degree square tree
grate #R-8642-B as manufactured by Neenah
Foundry, Inc., Box 729, 2121 Brooks Avenue,
Neenah WI 54956, or approved equal.
(d) Seatirig: 108" straight settee bench as
manufactured by Imagineering, Inc. of
Rockfort, Maine, or approved equal.
(e) Decorative Lighting: Single petal decorative
standard as manufactured by Edman Electric,
Winston Salem NC, or approved equal.
(f) Trees: Platanus Acerifolia 'Bloodgood' B&B
3-4" caliper.
(g) Screen Wall: See attached detail.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera Oberndorf
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO PORTIONS OF THE
RIGHTS-OF-WAY OF ATLANTIC AVENUE AND
6TH STREET TO FOUNTAINHEAD OF VIRGINIA
BEACH, INC., T/A RAMADA INN, ITS
ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Fountainhead of Virginia Beach, Inc., t/a Ramada
Inn, its assigns and successors in title are authorized to
construct and maintain a temporary encroachment into portions of
the City's rights-of-way of Atlantic Avenue and 6th Street.
That the temporary encroachment herein authorized is
for the purpose of footings and pile caps for support of an
expansion of the Ramada Inn Hotel and that said encroachment
shall be constructed in accordance with the City of Virginia
Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into portions of
the City's right-of-way known as Atlantic
Avenue and 6th Street, as shown on that
certain plat entitled: "PLAN SHOWING
PROPOSED ENCROACHMENT FOR RAMADA INN
ADDITION 7TH STREET AND ATLANTIC AVENUE,
VIRGINIA BEACH, VIRGINIA," a copy of
which is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Fountainhead of Virginia Beach,
Inc., t/a Ramada Inn, its assigns and successors in title and
within thirty (30) days after such notice is given, said
encroachment shall be removed from the City's rights-of-way of
Atlantic Avenue and 6th Street by the Fountainhead of Virginia
Beach, Inc., t/a Ramada Inn and that the Fountainhead of Virginia
Beach, Inc., t/a Ramada Inn, its assigns and successors shall
bear all costs and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Fountainhead of Virginia Beach, Inc., t/a
Ramada Inn, its assigns and successors in title shall indemnify
and hold harmless the City of Virginia Beach, its agents and
employees from and against all claims, damages, losses, and
expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of such encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Fountainhead of Virginia Beach, Inc.,
t/a Ramada Inn, executes an agreement with the City of Virginia
Beach encompassing the afore-mentioned provisions and other
provisions deemed appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
virginia, on the 9thday of December 1 9 85.
GLF/rab
12/3/8 5
(29E)
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- 53 -
Item II-M.1 ITEM # 24679
Attorney Glenn Croshaw represented Creative Displays and spoke in
opposition to the concept of "Amortization".
Michael Barrett, Director of the Virginia Beach Resort Area Advisory
Commission responded to Council's inquires and indicated this
Resolution does not apply to billboards, only on-site signs.
Attorney Robert Cromwell advised his client had no opposition to said
Resolution.
The Mayor suggested Amending the Resolution. Under Subsection (f), the
words "Replacemnt of signs in the CitY's"Resort Area", shall be the caption
replacing "Amortizaiton of nonconforming signs in the City's Resort Area."
The words "amortization and" shall also be deleted from the third line of
Subsection (f).
A Motion was made by Councilman Jennings to ADOPT the Resolution concerning
AMORTIZATION ON NON-CONFORMING SIGNS as further AMENDED. The words "Just
compensation for acquisition of" shall replace the words amortization and
replacement of" in the third line of Subsection (f). Said MOTION was
WITHDRAWN.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council REFERRED back to the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION
for further refinement:
Resolution requesting the Virginia General
Assembly @ the City Charter to allow the
establishment by ordinance of City's Resort Area
reasonable rules, regulations and schedules for
the AMORTIZATION OF NON-CONFORMING SIGNS.
Voting: 8-0
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Robert G. Jones and Meyera E. Oberndorf
December 9 1985
- 54 -
Item II-N.1
NEW BUSINESS ITEM # 24680
SCHEDULING OF PLANNING ITEMS
BY CONSENSUS, City Council APPROVED:
SCREDULING OF PLANNING ITEMS FOR EACH CITY
COUNCIL AGENDA.
- 55 -
Item II-N.2
NEW BUSINESS ITEM # 24681
QUARTERLY REPORT ON CAPITAL PROJECTS
The QUARTERLY REPORT ON CAPITAL PROJECTS for the Period Ending September
30, 1985, was distributed to City Council and is hereby made a part of the
record.
- 56 -
Item II-N.3.
NEW BUSINESS ITEM # 24682
ADD-ON
Council referenced ENFORCEMENT OF COUNCIL POLICY concerning AGR S
required by applicants be submitted prior to consideration by City Council.
Council also requested a determination be made as to what appllcation
actually requires an Agreement. Site Plan Review may in some cases replace
the necessity of an Agreement.
City Council wished the TRANSMITTAL COVER LETTER in the AGENDA reference
conditions required, even if the Planning Commission's recommendation is
DENIAL.
The Staff's evaluation should also be on the TRANSMITRAL COVER LETTER.
mber 9 1985
57 -
Item II-0.1
ADJOURNMENT ITEM 24683
Upon motion by Councilman Jennings, and BY ACCLAMATION, City Council
ADJOURNED the meeting at 7:10 P.M.
- 0 @@-)
Beverl* 0. Hooks
Chief Deputy City Clerk
R)tth Hodges 9'mith, CMC Mayor Harola He'l-.Chober
City Clerk
City of Virginia Beach,
Virginia