OCTOBER 21, 1985 MINUTES
Cit@c>f @ijrggirai@
"WORLD'S LARGEST RESORT CITY"
cFrY CoErNCIL
MAYOR HAROLD HEISCHO@, At
VICE-MAYOR RERA S. M@CLANAM, P-,, A- @h
JOHN A. BAUM, Bi.@- @h
NANCY A. CREECH. At L-g.
ROBFRr E FEN7RESS. V-@ B--h B-gh
BARBARA M. BENLEY @ @h
H. JAR-K JENNMS, JR.. L@ B-gh
LOUIS R. JoArES, iky@ B-gh
ROBFRT G. JOARES, A@ @.
J HENRY M@COY. JR.. K-@ B-gh
MEYERA E. O@RF At L-g- :gi CRTY HALL BUILDR.VG
MUNICWAL CFI=
RU7'H HOLGES SMrrH, CMC, Ctv Cl-k CITY COUNCIL AGENDA VIRGINIA BFACH VIRCIWIA U46 PM
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October 21, 1985
Virginia Beach City Council
BRIEFINGS Conference Room
Harland Bartho@w and Associates 11:30 AM
Analysis of needs and Alternative Concepts-
Virginia Beach Master Street and Highway Plan
1986 Legislative Package 12 NOON
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room 1 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend Clayton E. Crigger
Saint Francis Episcopal Church
B. PLEDGE OF ALLFGIANCE 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 RATTERS
F. PRESENTATIONS
1. Tidewater Mayor's Bowliug Trophy - Gene Luke, Publicity
Chairman Bowling Association
2. Resolution in recognition for cleanup after Hurricane Gloria
G. MINUTES
1. Motion to accept/approve the Minutes of October 14, 1985.
H. PUBLIC HEARING
1. Pursuant to Chapter 2, Section 2-187.1 of the City Code.
Proposed increase in FY'85-'86 Budget of $832,469 for the
installation of the Enhanced 911 Emergeucy Telephone System.
2. 1986 Legislative Proposals - Issues of Statewide Importance
a. Funding of Education
b. Increased Highway Construction and Maintenance Funding
c. Municipal Powers
d. Administrative Costs of Local Social Services
Departments
e. Altered Suspension Systems on Trucks
f. Blood Alcohol Content and Driving Under the Influence
Arrests
g. Boating While Intoxicated
h. Electronic Weapons (Stun Guns)
i. Hauling of Materials on Highways
j. Incentives for Installation of Sprinkler Systems
k. Mining and Milling of Uranium
1. Probationer Beepers
m. Proposed Contraband Forfeiture Act
1. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
22nd St., 23rd St., "A" Street & "C" Street in the petition
of City of Virginia Beach (Virginia Beach Boulevard).
Recommendation: FINAL APPROVAL
2. Ordinance closing, vacating and discontinuing a portion of
Lee Street and Old County Road in the petition Runnymede
Corporation (Virginia Beach Borough).
Recommendation: FINAL APPROVAL
3. Ordinance closing, vacating and discontinuing a portion of
Chinquapin Trail in the petition of Atlantic Development
Association (Lynnhaven Borough).
Recommendation: FINAL APPROVAL
4. Ordinance closing, vacating and discontinuing a portion of
Ego Drive in the petition of William & RelerL R03z (Lynnhave,,i
Borough).
DEFERRED by City Council September 30, 1985
Recommendation: DEFERRAL
5. Application of Carmine Pisapia for a change of zoning from
R-8 Residential District to B-2 Community-Business District
on a 2.987-acre parcel located on the west side of Holland
Road, south of Shipp's Corner Road (Princess Anne Borough).
Recommendation: NONE, due to a tie vote
6. Application of GSCR Associates for a conditional use permit
for mini-warehouses on 8 acres more or less on a parcel
located on the west side of General Booth Boulevard, north
of Dam Neck Road (Princess Anne Borough).
Reconmendation: APPROVAL
7. Application of Sandwich Island, Inc. for a change of zoning
from R-8 Residential District to B-2 Community-Business
District on a 9.5 acre parcel located at the northeast
corner of General Booth Boulevard and Prosperity Road
(Princess Anne Borough).
Recommendation: APPROVAL
8. Application of Richard B. Kellam, Jr. for a cbange of zoning
from AG-2 Agricultural District to B-2 Community-Business
District on a 14.45 acre parcel located on the northeast
side of Princess Anne Road, northwest of North Landing Road
(Princess Anne Borough).
Recommendation: APFROVAL
9. Application of Thomas M. Ammons, Trustee for a change of
zoning from AG-1 Agricultural District to 0-1 Office
District on a 32.76-acre parcel located east of the inter-
section of North Landing Road and Courthouse Road (Princess
Anne Borough).
AND,
Application of Thomas M. Ammons, Trustee for a change of
zoning from AG-2 Agricultural District to 0-1 Office
District on a 5.6-acre parcel located on the east side of
North Landing Road at the intersection with Courthouse Road
(Princess Anne Borough).
Recommendation: APPROVAL
10. Application of Jerry O'Don Penix for a change of zoning from
AG-2 Agricultural District to B-2 Community-Business
District on a 1.464-acre parcel located on the west side of
General Booth Boulevard, south of Eaglewood Drive (Princess
Anne Borough).
AND,
Application of Jerry OlDon Penix for a conditional use
permit for a car wash facility on a 1.464-acre parcel
located on the west side of General Booth Boulevard, south
of Eaglewood Drive (Princess Anne Borough).
Recommendation: APPROVAL
Ii. Application of W. R. Malbon, T. M. Malbon and M. S. Malbon
for a conditional use permit for a borrow pit on a 28-acre
parcel located south of Old Dam Neck Road, east of Dwyer
Road (Princess Anne Borough).
Recommendation: DENIAL
12. Application of Branvick Associates for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that all
lot dimensions conform to the Comprehensive Zoning Ordinance
and to Section 4.4(d) of the Subdivision Ordinance which
requires that all lots have direct access to a public
street. This undeveloped 1.545-acre site is located on the
north side of Laskin Road, 1,000 feet east of Freemac Drive
(Lynnhaven Borough).
Recommendation: DEMIAL
13. Application of ESG Enterprises, Inc., for a change of zoning
from R-8 Residential District to B-2 Community-Business
District on a 1.782-acre parcel located on the west side of
Holland Road, north of North Landstown Road (Princess Anne
Borough).
DEFERUD by City Council August 19, 1985
Recommendation: DENIAL
14. Resolution directing the Planning Commission to review an
amendment to Article 4, Sections 402(c) aud 412(c) of the
Comprehensive Zoning Ordinance pertaining to front yard
setbacks.
Recommendation: APPROVAL
J. RESOLUTIONS
Industrial Development Revenue Bond
1. Resolution approving the issuance of Industrial Development
Revenue Bond:
a. F.C. Associates - $11,000,000
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is removed
from the Consent Agenda, it will be discussed and voted upon
separately.
1. Ordinance to amend and reordain Sectiou 4.1 of the
Subdivision Ordinance pertaining to Haster Bikeway Plan.
2. Ordinance to authorize acquisition of approximately 2.256
acres of property in fee simple for the Seatac-k Comanity
Center either by agreement or by condemnation.
3. Ordinance to authorize acquisition of permanent and
temporary easements of right-of-way for the improvement of
Internatioual Parkway Bridge over Caual No. Two, either by
agreement or by condemnation.
4. Ordinance to transfer $164,733 of Capital Project Funds to
establish Water and Sewer Projects for Bellwood Retates for
a cost participation agreement with D. W. Bell,
Incorporated.
5. Ordinance to transfer $55,855 within the Department of Data
Processing for the purchase of a Disk Contro@r Unit in FY
1985-86.
6. Ordinance to authorize a temporary encroachment into a
portion of the 20' City Alley to Crockett-Crosby Theatres,
their assigns and successors in title.
7. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Division Street to James E.
Padgett and JuJla M. Padgett, their heirs, assigns and
successors in title.
8. Ordinance appointing viewers in the petition of Associates
of South Bay, Inc., for the closure of a portion of Holly
Aveuue (Lynnhaven Borough).
9. Ordinance appointing viewers in the petition of Thomas J.
Decker for the closure of a portion of Laskin Road
(Lynnhaven Borough).
10. Central Virginia Ambulance Service request for permit to
operate Emergency Medical Services (EMS) Vehicles.
L. APPOINTMENTS
1. Hampton Roads Air Pollution Control District Commission
2. Historical Review Board
3. Transportation Safety Commission
M. UNFINISHED BUSINESS
1. Community Development Land Use Plan
N. NEW BUSINESS
1. Proposed CIP Council Review Schedule
0. ADJOURNMENT
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
11:30 A.M.
October 21, 1985
The BRIEFING was called to order by Mayor Harold Heischober in the
Conference Room on October 21, 1985, at 11:30 a.m.
The City Manager introduced Robert Longfield, Consultant, with Harland
Bartholomew and Associates, who presented the ANALYSIS OF NEEDS AND
ALTERNATIVE CONCEPTS - VIRGINIA BEACH MASTER STREET AND HIGHWAY PLAN
Mr. Longfield reiterated the three Alternatives:
ALTERNATIVE A: Based on the Existing Major Street System.
ALTERNATIVE B: Based on the Existing Major Street System,
but incorporated a number of new facilities
in the Sandbridge/Courthouse Area.
ALTERNATIVE C: This began with Existing Major Street System
but added new facilities and a reorientation
of these new facilities.
Elimination of the following three (3) facilities was referenced:
1. Extension of Newtown Road to the North End of Little Neck.
2. Extension of Little Neck northward to Shore Drive.
3. Elimination of the approximate $130-MILLION necessary for the
elevated improvement along existing Toll Road from Independence
West.
These three elements would reduce ALTERNATIVE C by approximately $150
MILLION.
BY CONSENSUS, City Council agreed with ALTERNATIVE C.
Staff will provide City Council with COLORED MAPS as depicted on Charts
displayed by Mr. Longfield.
ANALYSIS OF NEEDS AND ALTERNATIVE CONCEPTS - VIRGINIA BEACH STREET AND
HIGHWAY PLAN (PRELIMINARY DRAFT) was distributed to City Council and is
hereby made a part of the record.
Harland Bartholomew and Associates will return with further information and
cost anal sis of ALTERNATIVE C.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
LEGISLATIVE PACKAGE
12:30 P.M.
October 21, 1985
The BRIEFING was called to order by Mayor Harold Heischober in the
Conference Room on October 21, 1985, at 12:30 p.m.
The City Manager introduced Robert Matthias, the City's Legislative
Liaison, who reiterated the PROPOSED 1986 LEGISLATIVE PROPOSALS.
ISSUES OF STATEWIDE IMPORTANCE
PRiORITY ITEMS
A. Funding of Education
B. Increased Highway Constuction and Maintenance Funding.
3. Municipal Powers.
OTHER ISSUES
D. Administrative Costs of Local Scoial Services Departments
E. Altered Suspension Systems on Trucks.
F. Blood Alcohol Content and Driving Under the Influene Arrests.
G. Boating While Intoxicated
H. Electronic Weapons (Stun Guns)
I. Hauling of Materials on Highways
J. Incentives for Installation of Sprinkler Systems
K. Mining and Milling of Uranium.
L. Probationer Beepers.
M. Proposed Contraband Forfeiture Act.
The proposed local option tax on gasoline should specify the funds would be
specifically addressed for HIGHWAY CONSTRUCTION. This local option
gasoline tax should also be addressed to the urbanized communities rather
than just Virginia Beach.
Concerning MUNICIPAL POWERS, Council emphasized that State Preemption be
preserved.
Concerning the ADMINISTATIVE COSTS OF LOCAL SERVICE DEPARTMENTS, some
consideration was given to reducing the appropriation from the level that
provides reimbursement from 80 percent of the cost of administating public
assistance to a level as low as 71 percent of the costs. This reduction
would have meant a loss of $403,000 to the City of Virignia Beach. The
General Assembly should continue to appropriate funds to local social
services agencies that will allow for administative costs to be reimbursed
at 80 percent of the costs of localities.
A correction was made to the information provided on ALTERED SUSPENSION
SYSTEM ON TRUCKS. The second line, second paragraph after the word
.addition" should read "of lift blocks, spacers,..." rather than "to lift
blocks, spacers..."
B R I E F I N G
LEGISLATIVE PACKAGE
(Continued)
BOATING WHILE INTOXICATED and PROPOSED CONTRABAND FORFEITURE ACT were
suggestions by Councilman Jennings.
ALTERED SUSPENSION SYSTEMS ON TRUCKS, BLOOD ALCOHOL CONTENT AND DRIVING
UNDER THE INFLUENCE ARRESTS, INCENTIVES FOR INSTALLATION OF SPRINKLER
SYSTEMS, AND MINING AND MILLING OF URANIMUM were repeated from last year's
LEGISLATIVE PROPOSAL.
Councilwoman Oberndorf advised concerning MINING AND MILING OF URANANIUM,
the Environmental Committee of the Virginia Municipal League had requested
a complete DENIAL of being able to mine URANIUM in the State of Virginia
and requested a posible resolution reflecting MINING AND MILLING OF URANIUM
"NOT BE ALLOWED"
The PROPOSED CONTRABAND FORFEITURE ACT reflects changes from last year to
include equipment used in the prodution of pornography at Councilman
Jennings' request.
1986 LEGISLATIVE PROPOSALS
ISSUES OF INTEREST TO VIRGINIA BEACH
PRIORITY ITEMS
A. The Genral Obligation Bonding Authority
B. Tree Protection Ordinance
C. Water Policy Legislation.
OTHER ISSUES
D. Abandoned Vehicles
E. Amortization of Non-Conforming Signs
F. Business License Tax on Mini Warehouses
G. Day use of Seashore State Park
H. Indigent Health Care
I. Missing Children Information Clearinghouse
J. Parcel Identification number (PIN).
K. Pendleton Child Service Center
L. Precious Metals, Pawnshops and Second-Hand Dealers.
M. Proration of Personal Property Tax
N. Virginia Beach Arts Center.
Mr. Matthias emphasized concerning the GENERAL OBLIGATION BONDING AUTHORITY
the City is losing $6.5 MILLION in Revenue Sharing Funds. All of this
money has been used for CAPITAL IMPROVEMENTS. This item will be further
studied in detail and Charts will be provided for Council.
Concerning Charter Changes of the Bond Indebtedness and Tree Protection
Ordinance, both will require Public Hearings.
The Water Policy Legislation has been tansferred from previous years.
Delegate McClanan has been endeavoring in this behalf. If this policy goes
into effect, it would grandfather Lake Gaston.
ABANDONED VEHICLES is another carry-over from last year.
Concerning the BUSINESS LICENSE TAX ON MINI WAREHOUSES, Council wished
further discussion on same.
DAY USE OF SEASHORE STATE PARK was requested by Michael Barrett, Resort
Area Advisory Commission.
B R I E F I N G
LEGISLATIVE PACKAGE
(Continued)
Mr. Matthias advised, relative INDIGENT HEALTH CARE, a fourth
recommendation has been added:
Provide temporary exemption from the SLH statue
for the City of Virginia Beach and in its place
authorize a "Block Grant" for indigent health
care in an amount equal to or greater than the
City's SLH allocation. The purpose in changing to
a block grant would be to allow the City to
obtain funds at the beginning of the fiscal year
with which to contract in the private sector,
through a bidding process, for the provision of
indigent health care services.
This ADDED recommendation is hereby made a part of the record.
Mr. Matthias advised of a change in the PENDLETON CHILD SERVICE CENTER
recommendation.
BY CONSENSUS, CITY COUNCIL SCHEDULED A WORKSHOP FOR OCTOBER 28, 1985, at
4:30 P.M.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 21, 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, October 21, 1985, at 1:30
Council Members Present:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. ,
D.D.S.,and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
Councilwoman Creech was out of the Country.
- 2 -
ITEM # 24370
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. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, aquisiton or use of real property for public purpose,
or of the disposition of publicly held property or of plans for
the future of an institution which could affect the value of
property owned or desirable for ownership by such institution.
3. 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 Robert G. Jones, seconded by Councilman Baum,
City Council voted to proceed into the EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A.Baum, Robert E. Fentress, Mayor Harold Heiscbober, Barbara
M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A.Creech
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 21, 1985
2:00 p.m.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday,
October 21, 1985, at 2:10 p.m.
Council Members Present:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. ,
D.D.S.,and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
INVOCATION: Reverend Clayton E. Crigger
Saint Francis Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 21, 1985
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
ITEM # 24371
The City Manager formally introduced to City Council and the Public, the
new Director of Public Utilities, Clarence 0. Warnstaff from Dallas, Texas.
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
ITEM # 24372
PLANNING
Mayor Heischober referenced the Application of CARMINE PISAPIA for a Change
of Zoning from R-8 Residential District to B-2 Community-Business District
on a 2.987-acre parcel located on the west side of Holland Road, south of
Shipp's Corner Road (Princess Anne Borough); AND, the Application of ESG
ENTERPRISES, INC. for a Change of Zoning from R-8 Residential District to
B-2 Community-Business District on a 1.782-acre parcel located on the west
side of Holland Road, north of North Landstown Road (Princess Anne
Borough). (See Items II-I.5 and II-I.13 of the PLANNING AGENDA).
These items will be considered together.
- 6 -
Item II-F.1
PRESENTATIONS
ITEM # 24373
The PRESENTATION of the TIDEWATER MAYOR'S BOWLING TROPHY by Gene Luke,
Publicity Chairman Bowling Association was RESCHEDULED.
October 21, 1985
7
Item II-F.2
PRESENTATIONS ITEM # 24374
Councilman Jennings presented RESOLUTIONS IN RECOGNITION to:
DEPARTMENT OF PARKS AND RECREATION
DEPARTMENT OF PUBLIC WORKS
DEPARMENT OF PUBLIC UTILITIES
DEPARTMENT OF GENERAL SERVICES
These RESOLUTIONS recognized thos DEPARTMENTS who labored beyond the "call
of duty" for the "clean-up" of EMMICANE "Gloria".
The following ACCEPTED these RESOLUTIONS IN RECOGNITION:
Department of Public Works
Solid Waste Division John Jones, Anderson Foreman
Highway Division Roy Hale, Kenneth Barnard
Department of Public Utilities George Davis, Jr., James Brown
Department of General Services Steve Butts, Danny Baum
Department of Parks and Recreation Earl Capps, David Walker
October 21, 1985
Item II-G.1
MINUTES ITEM 24375
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council APPROVED the Minutes of October 14, 1985.
Voting: 7-0
Council Members Voting Aye:
Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings,
Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
Council Members Abstaining:
John A. Baum and Robert E. Fentress
ovctober 21 1985
9
Item II-H.1
PUBLIC HEARING ITEM 24376
Mayor Heischober DECLARED a PUBLIC HEARING on the following:
PURSUANT TO CHAPTER 2, SECTION 2-187.1 OF THE
CITY CODE. PROPOSED INCREASE IN FY'85-186 BUDGET
OF $832,469 FOR THE INSTALLATION OF THE ENHANCED
911 EMEPGENGY TELEPHONE SYSTEM.
The following spoke concerning this issue:
A. M. Sadler
Stanley L. Plevyak
There being no further speakers, the Mayor CLOSED the PUBLIC REARING.
Notice of Public Hearing
City of Virginia Beach
Proposed Budgetary Increase
for the 1985-1986 Fiscal Year
Pursuant to Chapter 2, Scaion 2-187.1 of the City Code, a
public hearing wiil be held by the City Councfl in Council Cham-
bers in the City Hall Budding on Monday, October 21,1985 at 2
p.m. to discuss a ptoposed increm in the budget for fiscal year
1985-1986. The increase of $832.469 is for the installation of the
cnhanced 911 emergency telephone number.
individuals desiring to provide oral comment should r@ter in
person with the City Clerk's office on the second floor of the City
Hall Building or by calling 427-4303 before the hearing begins.
City Clerk
Virginia Beach Sun, October 9, 1985 5 Ruth Hodges Smith
- 10 -
Item II-H.2
PUBLIC HEARING ITEM # 24377
Mayor Heischober DECLARED a PUBLIC HEARING on the folowing:
1986 LEGISLATIVE PROPOSALS
ISSUES OF STATEWIDE IMPORTANCE
ISSUES OF INTEREST PRIMARILY TO VIRGINIA BEACH
The follwoing spoke concerning the 1986 LEGISLATIVE PROPOSALS:
Rae H. LaSesne, representing himself.
John Marshall, spoke concerning the "Bottle Bill"
There being no further speakers, Mayor Heischober CLOSED the PUBLIC HEARING
October 21, 1985
Item II-I.1
PLANNING ITEM 24378
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones,
City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating
and discontinuing a portion of 22nd Street, "A- Street & -C- Street in the
petition of the City of Virginia Beach (Virginia Beach Borough).
FINAL APPROVAL
Application of the City of Virginia Beach,
Virginia, for the discontinuance, closure and
abandonment of portions of 22nd Street, 23rd
Street, "A" Street and "C" Street as shown on the
plat entitled "Survey of Property Commonly Known
as Toll Road Park, Property of the City of
Virginia Beach" on file in the Engineering
Division, Department of Public Works. VIRGINIA
BEACH BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A.Creech, and J. Henry McCoy, Jr., D.D.S.
AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING
OF A PORTION OF THOSE CERTAIN STREETS KNOWN AS 22ND,
23RD, A AND C STREETS, AS SHOWN ON THAT CERTAIN
PLAT ENTITLED "SURVEY OF PROPERTY COMMONLY KNOWN AS
TOLL ROAD PARK PROPERTY OF THE CITY OF VIRGINIA BEACH
VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA"
WHEREAS, it appearing that the City has advertised this
proposed street closure by advertising the same in the Virginia
Beach Sun News, on April 22, 1985, and April 29, 1985; and
WHEREAS, it is the judgment of the Council and Viewers
that closure and discontinuance of the below-described street
will not result in any public inconvenience.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the hereinafter described streets be
discontinued, closed, and vacated, which portions are more
particularly described as follows and all are shown on that
certain plat entitled "SURVEY OF PROPERTY COMMONLY KNOWN AS TOLL
ROAD PARK PROPERTY OF THE CITY OF VIRGINIA BEACH VIRGINIA BEACH
BOROUGH VIRGINIA BEACH, VIRGINIA,' pre@ared by the Bureau of
Surveys and Mapping, Engineering Division, Department of Public
Works, dated May 7, 1982, and revised April 30, 1984.
That certain portion of 22nd Street, a
501 right-of-way, between the northern right-
of-way line of Route 44, Virginia Beach-
Norfolk Toll Road, through the intersection
of 23rd Street to the northern boundary lines
of Lots 15 and 32, as shown on the above-
referenced plat.
That certain portion of 23rd Street, a
501 right-of-way, from between the western
right-of-way line of Parks Avenue to the
eastern right-of-way line of Old Virginia
Beach Road as shown on the above-referenced
plat.
That certain portion of A Street, a 501
right-of-way that may or may not overlap 22nd
Street, but otherwise running from between
the northern boundaries of Lots 15 and 32 to
the northern right-of-way line of 23rd Street
as shown on the above-referenced plat.
That certain portion of C Street, a 501
right-of-way from between the northeastern
boundaries of Lots 35 and 36 to the northern
right-of-way line of 23rd Street as shown on
the above-referenced plat.
The above plat is available for review
in the Office of the City Attorney, Municipal
Center, Virginia Beach, Virginia.
2. That a certified copy of this ordinance and attached
plat shall be filed in the records books of the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
indexed in the name of the City of Virginia Beach, Virginia.
3. This Ordinance shall become effective sixty (60)
days from the date of its adoption.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on the day of 1985.
RJN/da
4/9/85
(23)
-2-
U'ALLA(,I; b. SMITH
ArrORNr.1' AT LAIX'
PO BOX 6 l.4
VIRGINIA BEACH. VA 2145cts@
TELEPHONE
486-2480 June 14, 1985
CERTIFICATE OF VESTING OF TITLE
I, Wallace B. Smith, attorney for the City of Virginia
Beach, do hereby certify:
1. I am an attorney at law and represent the City of
Virginia Beach.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in the City of
Virginia Beach, the adjacent landowner, in fee simple ownership,
The said property referred to herein is hereby described
as follows:
That certain portion of 22nd Street, a 50'
right-of-way, between the northern right-of-way
line of Route 44, Virginia Beach-Norfolk Toll
Road, through the intersection of 23rd Street
to the northern boundry lines of Lots 15 and
32, as shown on that certain plat entitled
"SURVEY OF PROPERTY COMMONLY KNOWN AS TOLL ROAD
PARK PROPERTY OF THE CITY OF VIRGINIA BEACH,
VIRGINIA BEACH BOROUGH, VIRGINIA BEACH,
VIRGINIA."
That certain portion of 23rd Street, a 501
right-of-way, from between the western right-
of-way line of Parks Avenue to the eastern
right-of-way line of old Virginia Beach Road as
shown on the above referenced plat.
That certain portion of A street, a 501 right-
of-way that may or may not overlap 22nd Street,
but otherwise running from between the northern
boundries of lots 15 and 32 to the northern
right-of-way line of 23rd Street as shown on
the above referenced plat.
That certain portion of C Street, a 501 right-
of-way from between the northeastern boundries
of lots 35 and 36 to the northern right-of-way
line of 23rd Street as shown on the above
referenced plat.
Wallace B. Smith
Subscribed and sworn to before me this @day of June,
1985.
Notary Public
My commission expires:,3
FINAL APPROVAL - October 21, 1985
- 12 -
Item II-I.2
PLANNING ITEM # 24379
Attorney Morris Fine represented the applicant
Upon motion by Councilman Fentress, seconded by Councilman Louis Jones,
City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating
and discontinuing a portion of Lee Street and Old Country Road in the
petition of RUNNYMEDE CORPORATION as per the following:
FINAL APPROVAL
Application of The Runnymede Corporation for the
discontinuance, closure and abandonment of Lee
Street (Old Virginia Beach Road and Old Country
Road) on certain property located on the north
side of 21st Street beginning at a point 120 feet
more or less west of Cypress Avenue, running a
distance of 31.53 feet along the north side of
21st Street, running a distance of 206.03 feet in
a northwesterly direction, running a distance of
210 feet more or less in a southwesterly
direction, running a distance of 50 feet more or
less in a northwesterly direction, running a
distance of 340 feet more or less in a
northeasterly direction, running a distance of 67
feet in an easterly direction, running a distance
of 193 feet in a southwesterly direction and
running a distance of 237 feet in a southeasterly
direction. Said parcel contains 22,855.9 square
feet. VIRGINIA BEACH BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech October 21, 1985
FINE. FINE, LE:GUM FINE:
CERTIFICATE OF VESTING OF TITLE
I, Gardiner M. Haight, attorney for The Runnymede Corporation do hereby
certify that:
1. I am an attorney at law and represent The Runnymede Corporation, the
petitioner.
2. If the property described below is discontinued. closed and vacated by
the Council of the City of Virginia Beach, Virginia, then title to said property
will vest in the Runnymede Corporation and Birdsong and Clark, the adjacent land
owners.
The said property referred to herein is hereby described as follows:
Beginning at a point on the eastern side of Parks Avenue
and the northern side of Old County Road as shown on
'Physical Survey of Fine Property, D.B. 303, P. 479r
Virginia Beach, VA.1, scale J" = 401, dated 21 March
1983, made by Allan L. Carpenter, Certified Land
Surveyor; thence running along the northern side of Old
County Road N 61' 331 01' E, 31.74 feet to a point;
thence N 61' 33' 01' E, 120.98 feet to a point; thence N
44' 21' 05' E, 126.56 feet to a point; thence N 49* 39'
01' E, 94.91 feet to a point on the southern side of
22nd street; thence running along the southern side of
22nd Street N 79* 091 01' E, 67.23 feet to a point;
thence S 49' 311 01' W, 152.27 feet to a point; thence S
44' 211 05' W, 40.86 feet to a point; thence S 56* 18'
E, 173.36 feet to a point; thence S 33' 481 E, 64.27
feet to a point on the northern side of 21st Street;
thence running along the northern side of 21st Street, S
760 091 01' W, 31.53 feet to a point; thence N 33' 481
W, 48.17 feet to a point; thence N 560 181 W, 135.86
feet to a point; thence S 55* 10' 32" W, 144.48 feet to
a point; thence S 60* 271 451 W, 48.60 feet to a point;
thence S 74* 021 471 W, 19.14 feet to a point; thence S
62' 131 091 W, 37.0 feet to a point on the eastern side
of Parks Avenue; thence running along the eastern side
of Parks Avenue N 13* 50' 59" W, 43.92 feet to the point
of beginning and contains approximately .53 Acres.
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTON OF THAT
CERTAIN STREET OF VARIABLE WIDTH KNOWN AS LEE STREET (OLD VIRGINIA BEACH
ROAD) AND OLD COUNTY ROAD LOCATED IN THE VIRGINIA BEACH BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA AS SHOWN ON THAT CERTAIN PLAT ENTITLED,
"PHYSICAL SURVEY OF FINE PROPERTY" DATED MARCH 21, 1983.
WHEREAS, it appearing by affidavit that proper notice has been given by
The Runnymede Corporation, that it would make application to the Council of
the City of Virginia Beach, Virginia, on to have the
hereinafter described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be dis-
continued, 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:
Beginning at a point on the eastern side of Parks Avenue
and the northern side of Old County Road as shown on
"Physical Survey of Fine Property, D.B. 303, P. 479,
Virginia Beach, VA.", scale 1" = 401, dated 21 March
1983, made by Allan L. Carpenter, Certified Land
Surveyor; thence running along the northern side of Old
County Road N 61' 331 01' E, 31.74 feet to a point;
thence N 61' 33' 01" E, 120.98 feet to a point; thence N
44' 21' 05' E, 126.56 feet to a point; thence N 49' 39'
01" E, 94.91 feet to a point on the southern side of
22nd Street; thence running along the southern side of
22nd Street N 79' 09' 01' E, 67.23 feet to a point;
thence S 49* 311 01' W, 152.27 feet to a point; thence S
44' 21' 05' W, 40.86 feet to a point; thence S 56' 181
E, 173.36 feet to a point; thence S 33* 481 E, 64.27
feet to a point on the northern side of 21st Street;
thence running along the northern side of 21st Street, S
76' 091 01" W, 31.53 feet to a point; thence N 33' 481
W, 48.17 feet to a point; thence N 56* 18' W, 135.86
feet to a point; thence S 55@ 101 32" W, 144.48 feet to
a point; thence S 60@ 271 45" W, 48.60 feet to a point;
thence S 74' 021 47" W, 19.14 feet to a point; thence S
62' 131 09' W, 37.0 feet to a point on the eastern side
of Parks Avenue; thence running along the eastern side
of Parks Avenue N 13* 501 5911 W, 43.92 feet to the point
of beginning and contains approximately .53 Acres.
Said parcel of land being a portion of Lee STreet (Old Virginia Beach Road)
and Old County Road as indicated on that certain plat of property entitled
"Physical Survey of Fine Property" dated March 21, 1983.
SECTION II
A certified copy of this Ordnance shall be filed in the Office of
the Circuit Court of the City of Virginia Beach, indexed in the name of
the City of Virginia Beach, as grantor.
SECTION III
FINAL APPROVAL: October 21, 1985
- 13 -
Item II-I.3
PLANNING ITEM # 24380
Attorney Grover Wright represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and
discontinuing a portion of Chinquapin Trail in the petition of ATLANTIC
DEVELOPMENT ASSOCIATES as per the following:
Application of Atlantic Development Associates
for the discontinuance, closure and abandonment
of a portion of Chinquapin Trail and running in a
northerly direction a distance of 218.81 feet.
Said parcel is 31.63 feet in width and contains
6,564 square feet. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
13 a
10 a
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
ATLANTIC DEVELOPMENT ASSOCIATES
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF CHINQUAPIN TRAIL, IN LYNNHAVEN
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicant, Atlantic Development Associates, to be
presented to the City Council of the City of Virginia Beach,
Virginia, on the day of , 1985, for the
vacation of the hereinafter described public street in the
City of Virginia Beach, Virginia, was on the 2otli day of
May , 1985, and on the 30th day of May -1
1985, duly published twice with six days elapsing between
the two publications in a newspaper published or having
general circulation in the City of Virginia Beach, Virginia,
specifying the time and place of hearing at which affected
persons might appear and present their views, in conformity
with the manner prescribed by Code of Virginia, Section
15.1-364, for the institution of proceedings for the
vacation of a public street; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
day of , 1985, and in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364, for
the conduct of such proceedings, the City Council of the
City of Virginia Beach, Virginia, on the 17th day of June
GI?OVI-'It C.
- 10b
1985, appointed
and as viewers to view such street
and report in writing whether in their opinion any, and if
any, what inconvenience would result from discontinuing the
same, and said viewers have made such report to the City
Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the street proposed to be vacated, it is the judgment of the
city Council of the City of virginia Beach, Virginia, that
these proceedings have been instituted, conducted and
concluded in the manner prescribed by Code of Virginia,
Section 15.1-364, that no inconvenience would result from
vacating and discontinuing the portion of said street, and
that the portion of said street should be vacated and
discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of Chinquapin Trail
in the Borough of Lynnhaven, in the City of Virginia Beach,
Virginia, be and the same is hereby vacated and
discontinued:
All that certain piece or parcel of land,
situate, lying and being in the City of
Virginia Beach, State of Virginia, being
that part of Chinquapin Trail marked by
diagonal lines and designated "Area of
Street Closure = 6,564 Sq. Ft. or 0.15 Ac."
as shown on plat entitled "Plat of Closure
of a Portion of Chinquapin Trail for Dare
Associates, Lynnhaven Brough, Virginia Beach,
Virginia", made by Langley and McDonald, dated
April 2, 1985.
loc -
2 A certified COPY Of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the name of Atlantic Development Associates, as
grantee, in the Clerk's office of the Circuit Court of the
city of Virginia Beach, Virginia, at the expense of the
applicant.
Certified to be a true and exact copy of an
ordinance adopted by the city council of the City of
virginia Beach, Virginia, at its regular meeting held on the
day of , 1985.
TESTE: RUTH SMITH, CITY CLERK
By
10d -
May 10, 1985
CERTIFICATE OF' VESTING OF TITLE
I, Grover C. Wright, Jr., attorney for Atlantic
Development Associates, do hereby certify that:
1. I am an attorney at law and @epresent Atlantic
Development Associates, the petitioner.
2. If the property described below is dis-
continued, closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said property will
vest in Atlantic Development Associates.
The said property referred to herein is hereby
described as follows:
All that certain piece or parcel of land
situate, lying and being in the City of
Virginia Beach, State of virginia, being
that part of Chinquapin Trail marked by
diagonal lines and designated "Area of
Street Closure = 6,564 Sq. Ft. or 0.15 Ac."
as shown on plat entitled "Plat of Closure
of a Portion of Chinquapin Trail for Dare
Associates, Lynnhaven Borough, Virginia Beach,
virginia", made by Langley and McDonald, dated
April 2, 1985, which plat is attached to the
ordinance of vacation from the City of
Virginia Beach, Virginia, to Atlantic Develop-
ment Associates and is to be recorded therewith
in the Clerk's Office of the Circuit Court of
the City of Virg irginia.
(7.
... ... . ...
FINAL APPROVAL: October 21, 1985
- 14 -
Item II-I.4
ITEM # 24381
PLANNING
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED AN EXTENSION FOR COMPLIANCE of four montbs until tbe City
Council Meeting of February 17, 1986, upon an Ordinance closing, vacating
and discontinuing a portion of Ego Drive in tbe petition of WILLIAM R. AND
HELEN H, HOLZ as per the following:
Application of William R. and Helen H. Holz for
the discontinuance, closure and abandonment of a
portion of Ego Drive beginning at the eastern
boundary of Matt Lane and running in an easterly
direction a distance of 134.6 feet. Said parcel
is 50 feet in width and contains 3,358.30 square
feet. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 15 -
Item II-I.5
PLANNING ITEM # 24382
Attorney Robert Cromwell represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council DEFERRED the Ordinance upon application of CARMINE PISAPIA for a
Change of Zoning from R-8 Residential District to B-2 Community-Business
District until the Planning Commission takes action on other portions of
this application they DEFERRED in July pending the AICUZ Consultant's
Study; and, all Changes of Zoning for this applicant shall be presented at
one time to City Council.
ORDINANCE UPON APPLICATION OF CARMINE PISAPIA FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 TO B-2
Ordinance upon application of Carmine Pisapia for
a Change of Zoning District Classification from
R-8 Residential District to B-2
Community-Business on certain property located on
the west side of Holland Road, 500 feet more or
less south of Shipp's Corner Road. Said parcel
contains 2.987 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Item II-I.5 and Item II-I.13 were voted upon together.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 16 -
Item II-I.6
PLANNING ITEM # 24383
Michael Resh represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Henley, City
Council ADOPTED an Ordinance upon application of GSCR ASSOCIATES for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF GSCR ASSOCIATES FOR
A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSE
R01085788
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of GSCR Associates for
a Conditional Use Permit for mini-warehouses on
certain property located on tbe west side of
General Booth Boulevard, 1150 feet more or less
north of Dam Neck Road. Said parcel contains 8
acres more or less. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Only one curb cut shall be allowed into the property.
2. A 10-foot Scenic Easement across the front of the property.
3. A berm to be constructed across the rear of the property and this
berm shall be landscaped.
4. A fence to enclose the buildings and buffer the residential area.
5. Dedication of right-of-way along the frontage on General Booth
Boulevard to provide for an ultimate 110-foot right-of-way in
accordance with the Master Street and Highway Plan and the
Virginia Beach Bikeway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of October, Nineteen Hundred and Eighty-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 17 -
Item II-I.7.
PLANNING ITGEM # 24384
Attorney Grover Wright represented the applicant
Charles Pitts, resident of Prosperity Road, spoke in Opposition
A motion was made by Vice Mayor McClanan, seconded by Robert Jones, to DENY
an Ordinance upon application of SANDWICH ISLAND, INC. for a Change of
Zoning District Classification from R-8 Residential District to B-2
Community Business Distict on a 9.5 acre parcel located at the northeast
corner of General Booth Boulevard and Prosperity Road (Princess Anne
Borough).
A SUBSTITUTE MOTION was made by Councilman McCoy, seconded by Councilman
Jennings to ADOPT an Ordinance upon application of SANDWICH ISLAND, INC.
for a Change of Zoning from R-8 Residential District to B-2
Community-Business District on a 9.5 acre parcel located at the northeast
corner of General Booth Boulevard and Prosperity Road (Princess Anne
Borough). Councilman Jennings requested dedication for the proposed
Bikeway Plan be included among the conditions of dedication of easements
and right-of-way.
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
DEFERRED for two weeks until the City Council Meeting of November 4, 1985,
an Ordinance upon application of SANDWICH ISLAND, INC. for a Change of
Zoning as per the following:
ORDINANCE UPON APLICATION OF SANDWICH ISLAND,
INC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO B-2
Ordinance upon application of Sandwich Island,
Inc. for a Change of Zoning District
Classification from R-8 Residential District to
B-2 Community-Business District on certain
property located at the northeast corner of
General Booth Boulevard and Prosperity Road.
Said parcel contains 9.5 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
October 21, 1985
- 18 -
Item II-I.7
PLANNING ITEM # 24384 (Continued)
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones, and Vice Mayor Reba S. McClanan
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 19 -
Item II-I.8
PLANNING ITEM # 24385
Attorney Grover Wright represented the applicant
A motion was made by Vice Mayor McClanan, seconded by Councilwoman Henley
to DENY an Ordinance upon application of RICRARD B. KELLAM, JR. for a
Change of Zoning District Classification from AG-2 Agricultural District to
B-2 Community-Business District on a 14.45 acre parcel located on the
northeast side of Princess Anne Road, northwest of North Landing Road
(Princess Anne Borough).
Upon SUBSTITUTE MOTION by Councilman Jennings, seconded by Councilman
Robert Jones, City Council ADOPTED an Ordinance upon application of RICRARD
B. KELLAM, JR., for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF RICHARD B. KELLAM,
JR., FOR A CHANGE OF ZONING FROM AG-2 TO B-2- B-1
(AS MODIFIED) Z010851022
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Richard B. Kellam,
Jr., for a Change of Zoning District
Classification from AG-2 Agricultural District to
B-2- B-1 (AS MODIFIED) Community-Business District
on certain property located on the northeast side
of Princess Anne Road, 1129.48 feet northwest of
North Landing Road. Said parcels contain 14.45
acres. Plats with more detailed information are
available in the Department of Planning.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Dedication of right-of-way along the frontage on Princess Anne
Road 45 feet from the centerline of the original right-of-way to
provide for an ultimate 90-foot right-of-way in accordance with
the Master Street and Highway Plan.
2. a.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of October, Nineteen Hundred and Eighty-five.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert
G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
Nancy A. Creech
- 20 -
Item II-I.9
PLANNING ITEM # 24386
Attorney Robert Cromwell represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City
Council ADOPTED Ordinances upon application of THOMAS M. AM14ONS for Changes
of Zoning as per the following:
ORDINANCE UPON APPLICATION OF THOMAS M. AMMONS,
TRUSTEE, FOR A CHANGE OF ZONING DISTRI'CT
CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO
0-1 OFFICE DISTRICT Z010851023
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Thomas M. Ammons,
Trustee, for a Change of Zoning District
Classification from @G-1 Agricultural District to
0-1 Office District on certain property located
600 feet east of the intersection of North
Landing Road and Courthouse Road. Said parcel
contains 32.76 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF THOMAS M. AMMONS,
TRUSTEE, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO 0-1 Z010851024
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Thomas M. Ammons,
Trustee, for a Change of Zoning District
Classification fromom AG-2 Agricultural District
to 0-1 Office District on certain property
located on the east side of North Landing Road at
the intersection with Courthouse Road. Said
parcel contains 5.6 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH
The following conditions shall be required:
1. Applicant voluntarily agrees to extend/conform to Cultural and
Historical District through entire property.
2. Height of any building not to exceed three (3) stories.
3. The 6' Contour will not be altered.
4. The Buffington Residence wil be renovated.
5. Applicant will comply with Parking Lot Landscaping (Ordinance
pending City Council action).
6. A dedication of right-of-way 66 feet in width for the proposed
realignment of North Landing Road and a dedication of
right-of-way 90 feet in width for Courthouse Drive Extended as
per the Master Street and Highway Plan and in accordance with tbe
Courthouse Circulation Plan on file with the City Engineer's
Office.
October 21, 1985
- 21 -
Item II-I.9
PLANNING ITEM # 24386 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of October, Nineteen Hundred and Eighty-five.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, 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, Robert G. Jones, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 22 -
Item II-1.10
PLANNING ITEM # 24387
Attorney Robert Cromwell represented the applicant
A MOTION was made by Vice Mayor McClanan, seconded by Councilman Baum to
ADOPT Ordinances upon application of JERRY O'DON PENIX for a Change of
Zoning District Classification from AG-2 Agricultural District to B-2
Community-Business District and a Conditional Use Permit for a car wash on
a 1.464-acre parcel located on the west side of General Booth Boulevard,
south of Eaglewood Drive (Princess Anne Borough).
A SUBSTITUTE MOTION was made by Councilwoman Henley, seconded by
Councilwoman Oberndorf to DEFEP. for not more than thirty (30) days
Ordinances upon application of JERRY O'DON PENDIX for a Change of Zoning
from AG-2 Agricultural District to B-2 Community-Business District and a
Conditional Use Permit for a car wash facility on a 1.464-acre parcel
located on the west side of General Booth Boulevard, south of Eaglewood
Drive (Princess Anne Borough).
Voting: 5-5 (SUBSTITUTE MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
John A. Baum, Barbara M. Henley, Robert G. Jones, Vice Mayor Reba
S. McClanan,* and Meyera E. Oberndorf
Council Members Voting Nay:
Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings,
Jr., Louis R. Jones, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Nancy A. Creech
*Verbal Aye
Upon MOTION of Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of JERRY O'DON PENIX for a
Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF JERRY O'DON PENIX
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 TO B-2 Z010851025
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Jerry O'Don Penix
for a Change of Zoning District Classification
from AG-2 Agricultural District to B-2
Community-Business District on certain property
located on the west side of General Booth
Boulevard, 320 feet south of Eaglewood Drive.
Said parcel contains 1.464 acres. Plats with
more detailed information are avialable in the
Department of Planning. PRINCESS ANNE BOROUGH.
October 21, 1985
- 23 -
Item II-I.10
PLANNING ITEM # 24387 (Continued)
The following conditions shall be required:
1. Dedication of right-of-way along General Booth Boulevard in
accordance with the General Booth Boulevard Phase 1 construction
plans on file in the City Engineer's Office.
2. Dedication of appropriately sized scenic and controlled access
easements along the frontage on General Booth Boulevard as part
of the Master Street and Highway Plan.
3. Access wil be limited to a single turn in and right turn out only
entrance to be located at the northernmost point along the
frontage on Oceana Boulevard.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of October, Nineteen Hundred and Eighty-five.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
- 24 -
Item II-I.10a.
PLANNING ITEM # 24388
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of JERRY O'DON PENIX for a
Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF JERRY O'DON PENIX
FOR A CONDITONAL USE PERMIT FOR A CAR WASH
FACILITY R01085789
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Jerry O'Don Penix
for a Conditional Use Permit for a car wash
facility on certain property located on the west
side of General Booth Boulevard, 320 feet south
of Eaglewood Drive. Said parcel contains 1.464
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. Dedication of rigbt-of-way along General Booth Boulevard in
accordance with the General Booth Boulevard Phase 1 construction
plans on file in tbe City Engineer's Office.
2. Dedication of appropriately sized scenic and controlled access
easements along the frontage on General Booth Boulevard as part
of the Master Street and Highway Plan.
3. Access wil be limlted to a single turn in and right turn out only
entrance to be located at the northernmost point along the
frontage on Oceana Boulevard.
4. Approval shall be for a Dpri.d of three (3) years.
This Ordinance shall be effective upon the date of adoption. Adopted by
tbe Council of the City of Virginia Beach, Virginia, on the Twenty-first
@d and Eigbty-five.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, 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, Robert G. Jones and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 25 -
Item II-I.11
PLANNING ITEM # 24389
Upon motion by Vice Mayor McClanan,seconded by Councilman Jennings, City
Council DENIED an Ordinance upon application of W. R. MALBOW, T. M. MALBON
AND M. S. MALBON for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF W. R. MALBON, T. M.
MALBON, AND M. S. MALBON FOR A CONDITIONAL USE
PEMIT FOR A BORROW PIT
Ordinance upon application of W. R. Malbon, T. M.
Malbon, and M. S. Malbon, for a Conditional Use
Permit for a borrow pit on certain property
located 530 feet south of Old Dam Neck Road
beginning at a point 1300 feet more or less east
of Dwyer Road. Said parcel contains 28 acres.
Plats with more detailed information are
available in the Department of Planning.
PRINCESS ANNE BOROUGH.
Voting: 6-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Vice Mayor Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech and Robert G. Jones
Council Members Abstaining:
Louis R. Jones
October 21, 1985
- 26 -
Item II-1.12
PLANNING ITEM # 24390
Architect Melvin Spence, represented the Linlier Civic League and spoke in
Opposition to said application
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council DENIED an application of BRANWICK ASSOCIATES for aVARIANCE 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 Branwick Associates.
Property is located on the north side of Laskin
Road, 1000 feet more or less east of Freemac
Drive. Plats with more detailed information area
available in the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 27 -
Item II-I.13
PLANNING ITEM # 24391
Attorney Robert Cromwell represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council DEFERRED the Ordinance upon application of ESG ENTERPRISES, INC.
for a Change of Zoning from R-8 Residential District to B-2
Community-Business District until the Planning Commission takes action on
other portions of this application they DEFERRED in July pending the AICUZ
Consultant's Study; and, all Changes of Zoning for this applicant shall be
presented at one time to City Council.
ORDINANCE UPON APPLICATION OF ESG ENTERPRISES,
INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO B-2
Ordinance upon application of ESC Enterprises,
Inc. for a Change of Zoning District
Classification from R-8 Residential District to
B-2 Community-Business District on certain
proprty located on the west side of Holland Road,
1210 feet north of North Landstown Road. Said
parcel contains 1.782 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
Item II-I.5 and Item II-I.13 were voted upon together.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech October 21, 1985
- 28 -
Item II-1.14
PLANNING ITEM # 24392
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council ADOPTED a Resolution directing the Planning Commission to review an
amendment to Article 4, Sections 402(c) and 412(c) of the COMPREHENSIVE
ZONING ORDINANCE pertaining to front yard setbacks.
A November Hearing before the Planning Commission was requested to be
EXPEDITED back to City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
A RESOLUTION DIRECTING THE PLANNING
COMMISSION TO REVIEW AN AMENDMENT TO
ARTICLE 4, SECTIONS 402(c) AND 412(c) OF
THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO FRONT YARD SETBACKS
WHEREAS, by Ordinance Number 1518, adopted February 25,
1985, amendments to SS 402(c) and 412(c) of the Comprehensive
Zoning Ordinance were enacted so as to provide that, within the
AG-1 and AG-2 Agricultural districts, where a front yard adjoins a
major street or highway which is designated on the official
transportation plan, such front yard setback shall be not less
than one hundred (100) feet from such street or highway; and
WHEREAS, such amendments have served and will continue
to serve to restrict and/or prohibit the enlargement and further
improvement of existing structures within the AG-1 and AG-2 zoning
districts which do not satisfy the one hundred (100) foot setback
requirement; and
WHEREAS, the Council of the City of Virginia Beach is of
the opinion that owners of existing structures within the AG-1 and
AG-2 zoning districts which do not satisfy the front yard setback
requirements should be permitted to enlarge or otherwise improve
their structures without first obtaining a zoning variance; and
WHEREAS, the Council of the City of Virginia Beach is of
the opinion that the problem posed by the AG-1 and AG-2 front yard
setback requirements to owners of existing structures is of a
recurring nature.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Planning Commission is hereby directed to
review and recommend amendments to SSSS 402(c) and 412(c) of the
Comprehensive Zoning Ordinance so as to authorize the enlargement
and improvement of existing structures in the AG-1 and AG-2 zoning
districts which do not satisfy the one hundred (100) foot front
yard setback requirement.
2. That the Planning Commission is hereby directed to
submit its recommendation to the City Council within days of
the date of the adoption of this Resolution.
Adotped by the Council of the City of virginia Beach on
the 21 day of October , 1985.
GLF/rab
10/9/85
(RES. 5)
-2-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTIONS 402(c) AND
412(c) OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO FRONT YARD
SETBACKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 4, Section 402(c) of the C.Z.O. be amended
and reordained in part as follows:
(c) the minimum front yard setback shall be not less
than fifty (50) feet; provided that, where a front
yard adjoins a major street or highway which is
designated on the official transportation plan, such
front yard setback shall be not less
than
right-ef-way-line fifty (50) feet from such street
or highway.
That Article 4, Section 412(c) of the C.Z.O. be amended
and reordained in part as follows:
(c) the minimum front yard setback shall be not less
than fifty (50) feet; provided that, where a front
yard adjoins a major street or highway which is
designated on the official transportation plan,
such front yard setback shall be not less than
right-of-way-line fifty (50) feet from such street
or highway.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1985.
GLF/rab
8/21/85
(ORD.A)
APPROVED AS Tt@
SIG@4A[ll:t
DEPARTMENT
APPROVED AS TO FORM
CITY ATTO@NEY
- 29 -
Item II-J.l.a
RESOLUTIONS ITEM # 24393
Attorney Charles Salle' represented the Virginia Beach Development
Authority and requested DEFERRAL of said Resolution.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council DEFERRED INDEFINITELY the Resolution approving the Issuance of
INDUSTRIAL DEVELOPNENT REVENUE BONDS by the Virginia Beach Development
Authority to the following:
F. C. ASSOCIATES s 11,000,000
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 30 -
Item II-K
CONSENT AGENDA ITEM # 24394
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
APPROVED in ONE MOTION Items a*, 1, 2, 3, 4, 5, 6, 8, and 9.
Items 7 and 10 were voted upon separately.
Item a. was an ADD-ON to the Consent Agenda: RESOLUTION IN RECOGNITION to
the DEPARTMENT OF PUBLIC WORKS, DEPARTMENT OF PUBLIC UTILITIES, DEPARTMENT
OF GENERAL SERVICES, AND DEPARTMENT OF PARKS AND RECREATION for cleanup
after HURRICANE "Gloria".
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 31 -
Item II-K.A
ITEM # 24395
CONSENT AGENDA
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED the following Resolution:
RESOLUTION IN RECOGNITION:
DEPARTMENT OF PUBLIC WORKS
DEPARTMENT OF PUBLIC UTILITIES
DEPARTMENT OF GENERAL SERVICES
DEPARTMENT OF PARKS AND RECREATION
This Resolution recognized the DEPARTMENTS who labored beyond the "call of
duty" for the "clean-up" of HURRICANE "GLORIA"
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
RESOLUTION
IN
RECOGNITION
TO
DEPARTMENT OF PARKS & PECREATION
DEPARTMENT OF PUBLIC WORKS
DEPARTMENT OF PUBLIC UTILITIES
DEPARTMENT OF GENERAL SERVICES
WHEREAS, Hurricane Gloria struck Virginia Beach on September 27,
1985; and
WHEREAS, the immediate emergency to citizens of Virginia Beach
ended on September 27, 1985, but there remained an enormous amount of
debris caused by the high winds of Hurricane Gloria; and
WHEREAS, the City recognized the need to provide immediate service
to the citizens for cleanup of the hurricane debris; and
WHEREAS, a plan of action was developed utilizing 350 employees
from four City departments. These employees worked as a team and spent
over 12,500 manhours collecting more than 3,000 tons of debris;
NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City
Council recognizes the excellent teamwork provided by the Departments
of Parks & Recreation, Public Works, Public Utilities and General
Services to promptly remove the hurricane debris for the citizens of
Virginia Beach.
Given under my hand and seal
this Twenty-first day of October,
Nineteen Hundred Eighty-Five.
Mayor
- 32 -
Item II-K.1
CONSENT AGENDA ITEM # 24396
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED the following Resolution:
Resolution directing the Planning Commission to
consider and make its recommendations concerning
the adoption of the proposed MASTER BI M AY PLAN
This RESOLUTION was inadvertently listed as an Ordinance in City Council's
AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
A RESOLUTION DIRECTING THE PLANNING
COMMISSION TO CONSIDER AND MAKE ITS
RECOMMENDATIONS CONCERNING THE
ADOPTION OF THE PROPOSED MASTER
BIKEWAY PLAN
WHEREAS, the Planning Department has prepared a Master
Bikeway Plan for the City of Virginia Beach; and
WHEREAS, prior to City Council taking any action on the
proposed Master Bikeway plan it will be necessary for the Planning
Commission to review the plan and make its recommendations to the
City Council.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the Planning Commission is hereby directed to
consider the proposed Master Bikeway Plan and to report its
recommendations concerning the plan and prepare and forward all
ordinances necessary to adopt same to the City Council within
sixty (60) days of the date of this Resolution.
Adopted by the Council of the City of Virginia Beach on
the 21 day of October 1985.
GLF/rab
10/10/85
(RES.5)
Sl(,,IIAI U RE
C'I'Y
AN ORDINANCE TO MEND AND FTEORDAIN
SECTION 1.1
OF THE SL13DIVISION OFOINANCE
PERTAINING TO BIKEWAYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 1.1 of the Subdivision Ordlnance be amended and reordained
In part as follows:
DEFINITIONS
Sec. 1.1 Street.
A vehlcular way (which may also serve, In part, as a way for
pedestrian and bicycle traff lc) whether cal led street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, lane,
place. alley, mall, bikeway, or otherwise designated.
and:
(f) Bikeways are any road, path, or way which In some manner Is
specifically desionated as beinci open to bicycle travel, renardiess
of whether such facliftles are desionated for the exclusive use of
bicycles or are to be shared by other transportatton mo@
Adopted by the Council of the Clty of Virginla Beach, Virginia, on the
- day of , 1985.
This ordinance shall be effective from the date of adoption.
AN ORDI TO AMEND AND REOFI)AIN
SECTION 4.1
OF THE SUBDIVISION OFI)IMANCE
PERTAINING TO BIKEVIAYS
BE IT OFVAINED BY THE CDUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.1 of the Subdivision Ordlnance be amended and reordained
In part as follows:
Sec. 4.1 Streets and alloys.
(t) Bikeway location, type and width shall be as speciffed In
the Virainia Beach Master Bikeway Plan,
Adopted by the Council of the City of Virginla Beach, Virginia, on the
- day of , 1985.
This ordinance shall be effective from the date of adoption.
- 33 -
Item II-K.2
CONSENT AGENDA ITEM # 24397
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED the following Ordinance:
Ordinance to authorize acquisition of
approximately 2.256 acres of proeprty in fee
simple for the SEATACK COMMUNITY CENTER either by
agreement or by condemnation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
Requested by: Department of Parks and Recreation
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
APPROXIMATELY 2.256 ACRES OF PROPERTY IN
FEE SIMPLE FOR THE SEATACK COMMUNITY
CENTER, EITHER BY AGREEMENT OR BY
CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction and installation of this important project to
provide a community center and for other public purposes for the
preservation of the safety, health, peace, good order,
convenience, morals and welfare of the people in the City of
Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq. 15.1-898, 15.1-899, and Section
33.1-89 et seq., Code of Virginia of 1950, as amended, all that
certain real property containing 2.256 acres as shown on the plat
entitled, "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA
BEACH FROM SEATACK COMMUNITY PROPERTY, INC." the plat being on
file in the Office of Real Estate, Department of Public Works,
Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach a reasonable offer to the owners or persons having an
interest to said land, if refused, the City Attorney is hereby
authorized to institute proceedings to condemn said property.
Section 3. Whereas, condemnation proceedings may be
necessary only for the purpose of clearing a potential title
defect concerning a portion of the 2.256 acre parcel.
Section 4. That an emergency is hereby declared to
exist and this ordinance shall be in full force and effect from
the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 21 day of October , 19 85 .
DSH/rab
10/01/85
(9)
-2-
- 34 -
Item II-K.3
CONSENT AGENDA ITEM # 24398
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED the following Ordinance:
Ordinance to authorize acquisition of permanent
and temporary easements of right-of-way for the
improvement of INTERNATIONAL PARKWAY BRIDGE over
CANAL NO. TWO, either by agreement or by
condemnation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. ,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PERMANENT AND TEMPORARY EASEMENTS OF
RIGHT OF WAY FOR THE IMPROVEMENT OF
INTERNATIONAL PARKWAY BRIDGE OVER CANAL
NO. TWO, EITHER BY AGREEMENT OR BY
CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
improvement of this bridge to provide transportation and for
other public purposes for the preservation of the safety, health,
peace, good order, comfort, convenience, and for the welfare of
the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and
Section 33.1-89, et seq, Code of Virginia of 1950, as amended,
all those certain temporary and permanent easements of right of
way as shown on the plans entitled, "BRIDGE INTERNATIONAL PARKWAY
OVER CANAL NO. 2 CITY OF VIRGINIA BEACH, VIRGINIA," these plans
being on file in the office of Real Estate, Department of Public
Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 21 day of October 19 85.
APP '(D
JAR/rab @IGNAIURE
9/2 5/8 5
(9)
FORPA
RE
RNEY
- 35 -
Item II-K.4
CONSENT AGENDA ITEM # 24399
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED the following Ordinance:
Ordinance to transfer $164,733 of Capital Project
Funds for BELLWOOD ESTATES for a cost
participation agreement with D. W. BELL,
INCORPORATED.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
AN ORDINANCE TO TRANSFER $164,733
OF CAPITAL PROJECT FUNDS TO ESTABLISH
WATER AND S@R PROJECTS FOR BELLWOOD ESTATES
FOR A COST PARTICIPATION AGREEMENT WITH
D.W. BELL, INCORPORATED
WHEREAS, D.W. Bell, Incorporated is desirous of developing land
located in the Bellwood Estates Subdivision in the Kempsville Borough in accor-
dance with the terms and conditions of the city ordinances, and
WHEREAS, the city desires to enter into a cost participation agree-
ment requesting the developer to engage in construction greater in scope than
is necessary for the project in order to provide water and sewer services to
customers outside the project limits, and
WHEREAS, the city's share of costs is estimated at $26,345 for
water improvements, and $138,388 for sewer improvements with such costs to be
charged to new water and sewer capital projects, with funds to be transferred
from project #5-304 Small Line Improvements and #6-316 Various Sewer Projects,
and
WHEREAS, such construction at this time will provide for future
needs and prevent the city from having to incur additional operating and
maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that projects #5-994 Bellwood Estates Water and #6-961 Bellwood
Estates Sewer are hereby established as capital projects and that $26,345 is
tranaferred from project #5-304 Small Line Improvements to project #5-994 and
$138,388 from #6-316 Various Sewer Projects to project #6-961 to cover the
city's share of the cost participation agreement.
BE IT FURTHER ORDAINED that the City Manager is hereby authorized
and directed to execute the cost participation agreement with D.W. Bell,
Incorporated for construction of water and sewer facilities. Said proposed
agreement is hereby attached.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
21 October 9 85
day of
PWC 13/ORD27
COST BENEFIT ANALYSIS
BELLWOOD ESTATES WATER AND SEWER COST PARTICIPATION AGREEME@
Water
City's cost per agreement $26,345.00
City's cost savings
Assumptions
1. 27501 of parallel 10" water line will be installed by developers within
2 years in Salem Road/Elbow Road to provide ultimate service
2. Maintenance of pipe for 28 years by the City
(2 years from now for 28 years)
Annual Maintenance Cost currently $386/1000' of pipe
Maintenance Cost Increase 5% per year
Time Value of Money 10% per year
Maintenance Cost
PV = (1.10)-, 1 ($386/1000') (2750')
where n 28 years
i = 1.10 1 = 4.76%
15.29 when i 4.76%
PV of maintenance costs = $13,413.50
Net savings to city (water) =($12,931.50)
JSII: iw
(F 14-4)
10/8/85
COST BENEFIT ANALYSIS
BELLWOOD ESTATES WA'MR AND SEWER COST PARTICIPATION AGREEMENM
Sewer
City cost per agreement $138,387.50
Anticipated cost to City to redirect the
sewer fl(yws in the future $40,500.00
Total Liability to the City
$138,387.50 + $40,500.00 $178,887.50
Assumptions
1. Maintenance of 1 additional pump station and 4600' of force main for a
30-year period
Annual maintenance cost currently $335/1000' pipe
Annual maintenance cost currently $7896/pump station
Maintenance cost increase 5% per year
Time value of money 10% per year
2. Revenue from pro rata pump station fees will be realized in two years
Maintenance cost savings will begin in two years
City revenue and cost saving
Revenue from pro rata pump station fees
266 gpmls x $230/gpm $61,180
PV = (1.10)-- ($61,180) $50,562
Cost saving
Maintenance cost
PV (Pump Stations) = (1.10)-@($7896)(15.29)
PV = $99,776.73
PV (Forc e Mains) = (1.10)-'(4600')($335/1000')(15.29)
PV = $19,472.64
Total PV of maintenance cost savings = $119,249.37
Total PV of maintenance costs savings and fee revenues
$119,249.37 + $50,562 = $169,811.37
Net savings to city (sewer) =($9,076.13)
JSW:mc
10/8/85
(F 14-4)
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTLCIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this Ilth day of o,th@r 1985,
by and between - T)- W- BFTT@ TNC herein-
after referred to as "Owner", and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of 68.53 Acres
Property of J. M. Spenre and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for 0%7ner to provide water serv-'-ce to this
Project, it is necessary for Owne-- -@l-o construct ccz-ta@@n 1-later
facilities; and
WHEPP,@'I., the Cj-'--y has requested that such construction be
greater in scope than is necessary to provide service to this
Project; and
WHEREAS, such construction is of value to the City in provid-
ing service to customers other than those within the Project
limits;
NOW, THEREFORE, in consideration of the mutlial promises and
benefits accruing hereto, the parties agree that;
1. owner shall construct a water system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The City shall make cash payment to Owner in the amount
of 26,345.00 after successful completion
of the System and acceptance thereof by the City in accordance
with the approved plans.
3. The City shall have the right at any time to make, con-
nect, or permit the connection of any other water facility to
the System. Any such connection may be at any point, and the City
shall have the right at any time to use the System to serve per-
sons within and without the Project limits. ,
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System, includ-
ing but not limited to water connections, water mains, valves,
fittings, and all other facilities, shall be deemed dedicated
to the City of Virginia Beach as of the date of the City's written
acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the system.
In the event any claim is made against the City, either independ-
ently or jointly with Owner, lessee, or purchaser on account
hereof, the Owner at its sole cost shall defend the City against
such claim.
6. This Agreement shall inure to the benefit of and be bind-
ing upon the parties hereto and their respective heirs, suc-
cessors, and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at Owner's expense.
v w /@'
2
STATE OF
CITY OF
1, a Notary Public in and for the City and
State aforesaid, do hereby certify that
and President and Secretary, respectively,
of whose names are signed to the writing
above, bearing date of 11,30-t l@ have acknowledged the same
before me in my City and State aforesaid. .
Given under my hand this l@ d.y f 1985.
My Commission Expires
lic
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City
Manager and City Clerk, respectively, of the City of Virginia
Beach, this day of 1 1985.
Notary Public
My Commission Expires:
4
Parks &
AX 09
ONT DR
AIRY ci
ow ti
BAY Ly
IBRIDGE Li
kiCH Cl
FIEID ci
ii Ll
GE ci
RNSIDE Cl
WROW DR
v rip
INGKAM CT
LWELL OR
OR
THERN CT
N CT
$4414,
4A
ity of Norfoli
STAR
10" WATER LINE OVERSIZED 'ff
ptoperty
10-1 14ATER LINE OVERSIZED TO 12"
4IDYLWOOU Li
5IRONSTONE Cl
6JUANRIA CT
IJESDCA Cl
BELL@qOOD
EXHIBIT SH()WING nE LOCATION OF nE 16"/12"
WATER LINE OVERSIZING FOR BELLWOOD ESTATES
JSW:mc
10/8/85
(F 14-4)
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this llth day of October, 1985, by and between
D. W. Bell, Inc., hereinafter referred to as "Owner", and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter referred to as the "City".
WHEREAS, Owner is seized in the fee simple of 68.53 Acres property of
J. M. Spence and
WHEREAS, Owner is desirous of improving the Project in accordance with the
terms and conditions of the City ordinances and agrees to conform to said ordi-
ances; and
WHEREAS, in order for owner to provide sewer service to this Project, it is
necessary for Owner to construct certain sewer f,cilitie,; nd
WHERF-AS, the City has requested that such construction be greater in scope
than is necessary to provide service to this Project and
WHEREAS, such construction is of value to the City in providing service to
customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and benefits accruii
hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the "System")
according to plans and specifications approved by the Department of Public Utiliti
a copy of which is on file with the Department.
2. The city shall make cash payment to the Owner, such payment to be in the
amount of One Hundred Thirty Eight Thousand, Three Hundred Eighty Seven Dollars
and Fifty Cents, $138,387.50 for the sewer improvements. It is expressly understoo
that all payments are subject to the proper completion of the work according to
the aforesaid approved plans and specifications by the Department of Public
Utilities. Payments by the City shall be made from time to time after October
14, 1985 based on invoices from the Owner certified correct by John Sirine &
Assoc. Ltd.; less 10% retainage which shall be paid by the City upon dedication
and acceptance of the completed systems.
3. The City shall have the right at any time to make, connect, or
permit the connection of any other sewer facility to t@e System. Any such
connection may be at any point, and the City shall have the right at any time
to use the System to serve persons within and without the Project limits.
4. Upon successful completion of the System and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited to
sewer connections, sewer mains, laterals, pipes, and all other facilities, shall
be deemed dedicated to the City of Virginia Beach as of the date of tbe City's
written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval, construction,
and/or installation of the System. In the event any claim is made against the
City, either independently or jointly with Owner, lessee, or purchaser on account
hereof, the Owner at its sole cost shall defend the City against such claims.
6. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded by the City
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at
owner's expense.
-2-
IN WLTNESS WHEREOF, the parties hereto have executed and
sealed this agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By
(City Manager)
DATE
ATTEST:
(SEAL)
city Clerk
BY
President
DATE
ATTEST:
(SEAL)
Secretary
APPROVED AS TO CONTENTS:
Defia(rtAent of Puniic uriiities
APPROVED AS TO FORM:
City ffice
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Depa ance
3
STATE OF A" CL
CITY OFV('.h .'a
4
I a Notary Public in and for the City and
State aforesaid, do hereby certify that K9 .@
and oL- President and Secretary, respectively,
of r% -1 -.n whose names are signed to the writing
above, bearing date of@11,1@ have acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of 1985.
My Commission Expires (aLL@Qt
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City
Manager and City Clerk, respectively, of the City of Virginia
Beach, this day of 1 1985.
Notary Public
My Commission Expires:
4
city of N@
Property
EWISM
C-T-
ESTATE PUMP STATIONI
@EEN
FIT A
E)CIiIBIT SHCWING OFF-SITE BENEFIT AREA FOR
'OVERSIZING THE BELLWOOD ESTATES SEWER
STAT10N
1) -SW
JSW:mc
10/8/85
(F 14-4)
- 36 -
Item II-K.5
PLANNING ITEM # 24400
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED the following Ordinance:
Ordinance to transfer $55,855 within the
DEPARMENT OF DATA PROCESSING for the purchase of
a DISK CONTROLLEP. UNIT in FY 1985-86.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
AN ORDINANCE TO TRANSFER $55.855
WITHIN THE DEPARTMENT OF DATA
PROCESSING FOR THE PURCHASE OF A
DISK CONTROLLER UNIT IN FY 1985-86
WHEREAS, it is an objective of the Data Processing Department to pro-
vide computer services with a minimum of degradation, and
WHEREAS, due to increased workload, degradation on the system will
Increase resulting in an estimated $240,000 annual loss in productivity by user
departments, and
WHEREAS, the purchase of an additional disk controller unit at an
estimated cost of $55,855 would eliminate the degradation from the increased
workload, and
WHEREAS, appropriations may be transferred within the Data Processing
Department's FY 1985-1986 Operating Budget in order to fund the acquisition of
the disk controller.
NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that appropriations in the amount of $55.855 are transferred
within the Data Processing Department's FY 1985-1986 Operating Budget to fund
the acquisition of an additional disk controller unit.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-first day of October 19 85
z
z
0
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
20' CITY ALLEY TO CROCKETT-CROSBY
THEATRES, THEIR 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 Crockett-Crosby Theatres, their assigns and
successors in title are authorized to construct and maintain a
temporary encroachment into a portion of the 201 City
alley, west of Atlantic Avenue and a half block north of 25th
Street.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining such wooden
screening fence to enclose the refuse container area adjacent to
the theatre building 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 a portion of
the 201 City alley, west of Atlantic
Avenue and a half block north of 25th
Street, designated and described as
"LOCATION OF TRASH BIN DIMENSIONS: 25.331
LENGTH 4.25' WIDTH 5.331 HEIGHT" as shown
on that certain plat entitled: "PHYSICAL
SURVEY LOTS 1 & 2 BLOCK 63 PLAT NO. 3 VA.
BEACH DEVELOPMENT CO. M.B. 3 P. 177
VIRGINIA BEACH BOROUGH VIRGINIA BEACH,
VA. SCALE 1"=30' 5 APRIL 1982 MADE FOR
WILLIAM A. CROSBY," 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 Crockett-Crosby Theatres, their
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
201 City alley by the Crockett-Crosby Theatres and that the
Crockett-Crosby Theatres, their assigns and successors shall bear
all costs and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Crockett-Crosby Theatres, their 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 Crockett-Crosby Theatres 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 21,tday of October 19 85
GLF/rab
9/1 2/8 5
(29B)
-2-
'4@day of
THIS AGREEMENT, made tljis
119F@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
11.
l@@municipal corporation, party of the first part, and
l,'CROCKETT-CROSBY THEATRES, THEIR ASSIGNS AND SUCCESSORS IN TITLE,
,party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the second
@part to construct and maintain a wooden screening fence to
ii
lienclose the refuse container area adjacent to the theatre
building in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such
wooden screening fence, it is necessary that the said party of
i! the second part encroach into a portion of an existing 20' City
alley, west of Atlantic Avenue and a half block north of 25th
Street; and said party of the second part has requested that the
party of the first part grant a temporary encroachment to
facilitate such wooden screening fence within a portion of the
201 City alley.
NOW, THEREFORE, for and in consideration of the premises
l@ and of the benefits accruing or to accrue to the party of the
Isecond part and for the further consideration of One Dollar
($1.00), in hand paid, to the said party of the first part,
receipt of which is hereby acknowledged, the party of the first
part doth grant to the party of the second part a temporary
ilencroachment to use a portion of the 201 City alley for the
purpose of constructing and maintaining such wooden screening
:ifence.
it is expressly understood and agreed that such
1 temporary encroachment will be constructed and maintained in
I;accordance with the laws of the Commonwealth of Virginia and the
@iCity of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
'approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the 201 City alley, west of Atlantic
Avenue and a half block north of 25th
Street, designated and described as
"LOCATION OF TRASH BIN DIMENSIONS: 25.33'
LENGTH 4.251 WIDTH 5.331 HEIGHT" as shown
on that certain plat entitled: "PHYSLCAL
SURVEY LOTS I & 2 BLOCK 63 PLAT NO 3 VA
BEACH DEVELOPMENT CO. M.B. 3 P. 177
VIRGINIA BEACH BOROUGH VIRGINIA BEACH,
VA. SCALE 1"=30' 5 APRIL 1982 MADE FOR
WILLIAM A. CROSBY," a copy of which is
attached hereto and to which reference is
made for a more particular
description.
it is further expressly understood and aqreed that the
temporary encroachment herein authorized shall terminate upon
Inotice by the City of Virginia Beach to the party of the second
I
Ilpart, and that within thirty (30) days after such notice is
I
ligiven, such temporary encroachment shall be removed from the 201
ICity alley by the party of the second part; and that the party of
-2-
the second part shall bear all costs and expenses of such
I:removal.
I It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
,,against al.1 claims, damages, losses and expenses including
I
ilreasonable attorney's fees in case it shall be necessary to file
i
iior defend an action arising out of the location or existence of
isuch temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
I!Permission and authority to permit the maintenance or
iconstruction of any encroachment other than that specified herein
land to the limited extent specified herein, nor to permit the
,Imaintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
l@party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
I!collect the cost in any manner provided by law for the collection
i
l@of local or state taxes; may require the party of the second.part
lito remove such temporary encroachment; and pending such removal,
'!the party of the first part may charge the party of the second
-3-
j,part compensation for the use of such portion of the 201 City
@alley encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
:party of the second part; and if such removal shall not be made
I'within the time ordered hereinabove by this Agreement, the City
l@shall impose a penalty in the sum of One Hundred Dollars
@($100.00) per day for each and every day that such encroachment
!is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
!collection of local or state taxes.
CITY OF VIRGINIA BEACH
By
(SEAL) city Manager
IATTEST:
City Clerk
CROCKETT-CROSBY THEATRES
By
William A. C by
By
KimblynlF. Crosby
-4-
I'STATE OF VIRGINIA
"CITY OF VIRGINIA BEACH, to-wit:
a Notary
@@Public in and for the City and State aforesaid, do hereby certify
;,,!that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
@,City Clerk, for the CITY OF VIRGINLA BEACH, w@lose names as such
i,are signed to the foregoing Agreement have a cknowledged the same
!before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
otary Pu
My Commission Expires:
STATE OF V,rqon;lk
CITY OF V;rl',,,;-v to-wit:
I, a Notary
ruoilc in and for the City and State aforesaid, do hereby certify
that WILLIAM A. CROSBY and KIMBLYN @ CROSBY, Husband and Wife,
on behalf of CROCKETT-CROSBY THEATRES, whose names are signed to
ithe foregoing Agreement have acknowledged the same before me in
I
imy City and State aforesaid.
GIVEN under my hand this day of
i 9
Notaty Public
My Commission Expires:
GLF/rab
9/12/85
(29B)
-5-
The s 10 ce,t,fy that 1, on 5 April 1982, surveyed the properly sh:)wn on this plat
and that tte title lines and the walls of the bqiiding are as shown an this pid.
The b.,Idings stond strictly within the titie lines and there are no ancvachnienis of
ottier buildings m the property, except as shown.
signed:
20' ALLEY
2 ' ;5' E ico,
N. fn.,
(Al i@)@ CF t@- ENr
@"O's .LIN
001'
@i Tt4
2 Story B,ick @4'
Co.@rcal Building
3
0
LLi
s.g@ #.Z'
0.56' E@., ... h.-I
0.4'
04
E
CR@CHATENT
5 82145' W 100.00'
25 th STREET lid RIW)
P N Y ;i L C, U;-r@ -VC Y
LOTS I 8i 2 BLOCK 63 PLAT NO 3
VA BEACH DEVEL.OPMENT CO.
M B. 3 P lt7
VIRGINIA BEACH BOROUGH
VIRGINIA BEACH, VA-
Scale I,,-, 30' 5 Ap,ii 19se
M4DE FOR WILLIAM A. CRQSBI'
BONIFAMr LAIQ SllfcVEYS
PO. ao@ 709,
VIRGI.'A BEACH, VA J45r
340-6494
- 37 -
Item II-K.6
CONSENT AGENDA ITEM # 24401
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a portion
of the right-of-way of the 20' City Alley to CROMM-CROSBY THEATRES,
their assi@ and successors in title.
This Encroachament shall be subject to the following conditions:
1. The owner agrees to remove the encroachment 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 encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
4. This encroachment shall not be in effect until an agreement has
been executed encompassing the above conditions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
- 38 -
Item II-K.7
CONSENT AGENDA ITEM # 24402
The following spoke in OPPOSITION to the Encroachment:
Fletcher A. Manning, resident of Hermitage Road
Michael W. Graves, resident of Hermitage Road
Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City
Council DENIED an Ordinance to authorize a temporary ENCROCHMENT into a
portion of the right-of-way of Division Street to JAMES E. PADGETR AND
JULIA M. PADGETT, their heirs,assigns and successors in title.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21, 1985
DENIED
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF DIVISION STREET TO
JAMES E. PADGETT AND JULIA M.
PADGETT, THEIR HEIRS, 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, James E. Padgett and Julia M. Padgett, their heirs,
assigns and successors in title are authorized to construct and
maintain a temporary encroachment into the right-of-way of
Division Street.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a fence and that
said encroachment shall be constructed and maintained 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 a portion of
the City's right-of-way known as Division
Street, on the certain plat entitled:
"PHYSICAL SURVEY OF LOT 2, BLOCK 7, MAP
OF BAY SHORE PROPERTY OF C. H. FENTRESS,
VIRGINIA BEACH, VIRGINIA FOR: JAMES E.
PADGETT JULIA M. PADGETT HAROLD C.
WARREN, JR. LAND SURVEYOR 3933 INDIAN
RIVER ROAD VIRGINIA BEACH, VIRGINIA
23456," a copy of which is on file in the
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 James E. Padgett and Julia M. Padgett, their
heirs, assigns and successors in title and that within thirty 30
days after such notice is given, said encroachment shall be
removed from the City right-of-way of Division Street and that
James E. Padgett and Julia M. Padgett, their heirs, assigns and
successors in title shall bear all costs and expenses of such
removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that James E. Padgett and Julia M. Padgett, their
heirs, 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, that this ordinance shall not be
in effect until such time that James E. Padgett and Julia M.
Padgett execute an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the _day of 1 9 85
GLF/rab
8/26/85
(29E)
@M' TOKNEY
-2-
THIS AGREEMENT, made this day of
19(f@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and JAMES E.
PADGETT and JULIA M. PADGETT, THEIR HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE, parties of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the parties of the
;i second part to construct and maintain a fence in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such
fence, it is necessary that the said parties of the second part
encroach into a portion of an existing City right-of-way of
Division Street; and said parties of the second part have
requested that the party of the first part grant a temporary
encroachment to facilitate such fence within a portion of the
City right-of-way of Division Street.
NOW, THEREFORE, for and in consideration of the premises
and of the benefits accruing or to accrue to the parties of the
second part and for the further consideration of One Dollar
($1.00), in hand paid, to the said party of the first part,
receipt of which is hereby acknowledged, the party of the first
part doth grant to the parties of the second part a temporary
encroachment to use a portion of the City right-of-way of
Division Street for the purpose of constructing and maintaining
such fence.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance witti the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as Division
Street, as shown on that certain plat
entitled: "PHYSICAL SURVEY OF: LOT 2,
BLOCK 7, MAP OF BAY SHORE PROPERTY OF C.
H. FENTRESS, VIRGINIA BEACH, VIRGINIA
FOR: JAMES E. PADGETT JULIA M. PADGETT
HAROLD C. WARREN, JR. LAND SURVEYOR 3933
INDIAN RIVER ROAD VIRGINIA BEACH,
VIRGINIA 23456,' a copy of which is
attached hereto and to which reference is
made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the parties of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the City
right-of-way of Division Street by the parties of the second
part; and that the parties of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
parties of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
-2-
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 temporary encroachment.
it is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein,
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the parties of the second part.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and i
permission so granted, may remove any such encroachment and
charge the cost thereof to the parties of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the parties of the second
part to remove such temporary encroachment; and pending such
removal, the party of the first part may charge the parties of
the second part compensation for the use of such portion of the
City right-of-way encroached upon the equivalent of what would be,
the real property tax upon the land so occupied if it were owned
by the parties of the second part; and if such removal shall not
be made within the time ordered hereinabove by this Agreement,
the City shall impose a penalty in the sum of One Hundred Dollars
($100.00) Per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
-3-
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
CITY OF VIRGINIA BEACH
By
(SEAL) City Manager
ATTEST:
City Clerk
-@Ja@.es E. Padgett-
@a@. IPVad-gett
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
are signed to the foregoing Agreement have acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
-4-
STATE OF
CITY OF
to-wit:
Public in and for the City and State aforesaid, do hereby certify'
that JAMES E. PADGETT and JULIA M. PADGETT, whose names are
signed to the foregoing Agreement have acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this
day of
i 9 s
Not@ry Put
My Commission Expires:
GLF/rab
8/26/85
(29E)
-5-
THIS '- TO CERTIFY THAT I ON 'SL- EYED THE
PROPERTY SHOWN THIS PLAT, E Ll. S OF THE
BLJILDiNGS ARE AS SHOWN ON THIS
THE BUILDINGS STAND THE THERE ARE
No ENCROACHMENTS OF OTHER BUIL
-10,
STY
10.
w
F LL R LANF (15'R/Vl/
NOTE:
THIS LOT IS IN ZOiiE C. PHYSICAL SURVEY
ARE,NS OUTSIDE 500-YEAR FLOOD- OF:
DEPARTMENT OF HOUSING AND URBAN LOT 2, BLOCK 7, MAP Of
Dr-VELOP?,IENT, PANEL Ii & I - 07, BAY StiORE PROPERTY O'
COX,@t!NITY NO.515531 B. C.11. l-'t;iTf(FSS, VIRGINIA
BEACH, VIRGINIA
FOR:
ih.14ES F. PADCETT
JULIA M. PADGETT
HAROLD C. WARREN, JR.
LAND SURVEYOR
3933 INDIAN RIVER @
SCALE VIR'INIA BEACH, VIRGINIA 23*M
- 39 -
Item II-K.8
CONSENT AGENDA ITEM # 24403
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance appointing VIEWERS in the petition of ASSOCIATES OF
SOUTH BAY, INC. for the closure of a portion of HOLLY AVENUE (LYNNHAVEN
BOROUGH).
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
October 21 1985
ORDINANCE APPOINTING VIEWERS
WHEREAS, ASSOCIATES OF SOUTH BAY, INC., a Virginia
corporation has given due and proper notice in accordance with
the statutes for such causes made and provided, and that it
will on the 21st day of October, 1985, at 2:00 p.m., apply to
the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below described property
and report in writing to the Council whether, in the opinion of
said Viewers, any, and if any, what, inconvenience would result
from the discontinuing and closing of the hereinafter described
undeveloped street and have filed application with said
Council.
NOW, THEREFORE, be it ORDAINED by the City Council of the
City of Virginia Be-ach Virginia that Rnhprt- .1 isoott
and C. Oral Lambert uavia G. Grochmaf
are hereby appointed to view the below
described property and report in writing to the Council on or
before , 1985, whether in their opinion any,
and if any, what inconvenience would result from the
discontinuing, closing and vacating of a portion that certain
unimproved street, 25 feet wide, known as Holly Avenue, located
in the Lynnhaven Boroughs in the City of Virginia Beach, and
more particularly described as follows:
ALL OF THAT certain parcel of land, located
immediately north of the old Norfolk and
Southern Railroad right of way and
immediately east of 10th Street (now Jade
Street) and immediately south of Lot 15 in
Block 8, all as shown on the Plat of
Lynnhaven Shores, which plat is recorded in
the Office of the Clerk of the Circuit Court
of the City of virginia Beach, virginia, in
map Book 7, at Page 167, and being more
particularly bounded and
described as
follows: BEGINNING at the southeast corner
of the above-described Lot 15, in Block 8,
as shown on the aforesaid Plat Of Lynnhaven
Shores and from said point of beginning
running south 1001910011 east a distance of
25.00 feet along the boundary line
separating the land herein conveyed from the
land previously conveyed by Windsor
Investors, Ltd., a Virginia corporation, to
Lynn Beach Associates, II by deed recorded
in Deed Book 2357, at Page 1814, in the
Clerk's Office aforesaid, to a point located
in the north right of way line of the above-
described old Norfolk and Southern Railroad
right of way; thence turning and running
south 7 9 0 411 0011 west, along the above
described north right of way line of the
aforesaid old Norfolk and Southern Railroad
right of way, a distance of 167.04 feet to a
point located in the above described north
right of way of the aforesaid old Norfolk
and Southern Railroad right of way; thence
turning and running north 100191001 west a
distance of 25.00 feet to a point which is
the southwest corner of the above-described
Lot 15, in Block 8, as shown on the Plat of
Lynnhaven Shores; thence turning and running
north 79 0 41 1 001 east along the south
boundary line of the above described Lot 15,
in Block 8, as shown on the aforesaid Plat
of Lynnhaven Shores a distance of 167.04
feet to the point and place of beginning of
the description of the land conveyed herein
and being shown as "Holly Avenue (251 R/W)"
on the attached physical survey.
-2-
...... . ...
Virginian-Pilot, 150 West Brambleton Avenue, Norfolk, Virginia,
as evidence by the Affidavit attached hereto, and a copy of
said Notice.
4. That the Petitioner is the Fee Simple owner of the
land to be affected by the said undeveloped parcel.
Respectfully submitted this 17th day of September, 1985.
ASSOCIATES OF SOUTH BAY, INC.
'rginiilZr
By David A. Mil-ler, Jr., Esq.-
David A. Miller, Jr., Esq.
McCARDELL, DONNELLY, BENSON & MILLER, P.C.
2840 South Lynnhaven Road
Virginia Beach, VA 23452
(804)486-7055
ADOPTED: October 21, @1985
-3-
E)AY, SumN4s & Epps
SUITE 300, ROIM CE.TRE
4701 COLUMBUS STREET
VIRGINIA BEACH, VIRGINIA 23462
E. KENNET.H DAY
JAHN WALLACE SUMMS
M. RIC.ARD EPPS
I, M. Richard Epps, attorney for Thoms J. Decker, Jr., do
hereby certify that:
1. I am an attorney at law and represent s J. Decker,
Jr., @ petitioner.
2. If the property described below is disoc)ntin@, closed and
vacated by the (buncil of the City of Virginia Beach, Vorginia, then
title to said property will vest in Thoms J. Decker, Jr., the adjacent
landowner.
said property referred to herein is hereby described as
follows:
Beginn3-ng at the intersect]-on of the ex-is@ southerly
right-of-way line of Laskin Road and the easterly right-
of-way line of Cardinal Rc)ad; thence along the proposed
extension of the easterly right-of-way line of Cardinal
Poad N 51- 551 3411 W, 74.58' to a pc)int; thence along the
proposed southerly right-of-way line of Laskin RDad, along
a curve to the left, said curve having a radius of 3794.831,
an arc distance of 195.21' to a point; thence continuing
along said proposed right-of-way line, along a curve to
the right, said curve having a radius of 20.00', an arc
distance of 33.241 to a point; thence along the proposed
extension of the westerly right-of-way line of Birclmck
@d, S 231 581 0111 E, 60.09' to a point; thence along the
existing southerly right-of-way line of Laskin Road, along
a curve to the left, said curve having a radius of 30.651,
an arc distance of 17.67' to a point; thence continuing
along said existing right-of-way line, along a curve to the
right, said curve having a radius of 1411.851, an arc
distance of 164.72, to the point of beginning.
The above described parcel, being situate in Lynnhaven
Borough, Virginia Beach, Virginia, contains 0.331 acre.
Very truly yours,
DAY, S@ & EPPS
M. Richar(OEpps
MPE:sfp
IN THE 14ATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
UNDEVELOPED STREET KNOWN AS HOLLY AVENUE,
25' STREET AS SHOWN UPON PLAT ENTITLED
"PLAT OF LYNNHAVEN SHORES", DULY OF RECORD
OF THE CLERK'S OFFICE OF THE CIRCUIT COURT
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN MAP BOOK 7, AT PAGE 167.
PETITION
To: The Mayor and Members of the Council of the
City of Virginia Beach, virginia
Your Petitioner, ASSOCIATES OF SOUTH BAY, INC., a Virginia
corporation, by its Attorney, David A. Miller, Jr.,
respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the Code of Virginia, 1950, as amended, the Petitioner applies
for the vacating, closing and discontinuance of a portion of a
certain undeveloped street which is more particularly described
as follows:
ALL OF THAT certain parcel of land, located
immediately north of the old Norfolk and
Southern Railroad right of way and
immediately east of 10th Street (now Jade
Street) and immediately south of Lot 15 in
Block 8, all as shown on the Plat of
Lynnhaven Shores, which plat is recorded in
the Office of the Clerk of the Circuit Court
of the City of Virginia Beach, Virginia, in
Map Book 7, at Page 167, and being more
particularly bounded and described as
follows: BEGINNING at the southeast corner
of the above-described Lot 15, in Block 8,
as shown on the aforesaid Plat of Lynnhaven
Shores and from said point of beginning
running south 10019100" east a distance of
25.00 feet along the boundary line
separating the land herein conveyed from the
land previously conveyed by Windsor
Investors, Ltd., a Virginia corporation, to
Lynn Beach Associates, II by deed recorded
in Deed Book 2357, at Page 1814, in the
Clerk's Office aforesaid, to a point located
in the north right of way line of the above-
described old Norfolk and Southern Railroad
right of way; thence turning and running
south 79041100' west, along the above
described north right of way line of the
aforesaid old Norfolk and Southern Railroad
right of way, a distance of 167.04 feet to a
point located in the above described north
right of way of the aforesaid old Norfolk
and Southern Railroad right of way; thence
turning and running north 1011910011 west a
distance of 25.00 feet to a point which is
the southwest corner of the above-described
Lot 15, in Block 8, as shown on the Plat of
Lynnhaven Shores; thence turning and running
north 790411 00' east along the south
boundary line of the above described Lot 15,
in Block 8, as shown on the aforesaid Plat
of Lynnhaven Shores a distance of 167.04
feet to the point and place of beginning of
the description of the land conveyed herein
and being shown as "Holly Avenue (251 R/W)"
on the attached physical survey.
2. That no inconvenience will result to any persons by
reason of the said closing of such street, and the Petitioner
prays that this Honorable Council appoint Viewers as provided
by law to view this portion of undeveloped street proposed to
be closed, and to report in writing to the Council on or before
the 21st day of October, 1985, whether, in the opinion of said
Viewers, and if any, what inconvenience would result from the
discontinuance and closing of said portion of street heretofore
described.
3. That on the day of 1985, and again
on the - day of 1985, Notices of the
presenting of this Application were published in the
-2-
- 40 -
Item II-K.9
CONSENT AGENDA ITGEM # 24404
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance appointing VIEWERS in the petition of THOMAS J. DECKER
for the closure of a portion of LASKIN ROAD (LYNNHAVEN BOROUGH).
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
ORDINANCE APPOINTING VIEWEPS
WHE@, Thcmas J. Decker, Jr., has given due and proper notice, in
accordance with the statutes for such cases rmde and provided that they will
on the 21st day of October, 1985, apply to the City Council of the City of
Virginia Beach, Virginia, for the appoin@t of Viewers to view the below-
described property and report in writing to the oc)uncil whether, in the
opinion of said Viewers, any, and if any, what incc)nvenience would result
frcrn the discontinuance of the hereinafter described portion of that certain
street of variable width, and has filed such application with said Council.
tiOW, THEPEFO@, be it ORD@D by the Cc)uncil of the City of Virginia
Beach, Virginia:
THAT Robert Scott David M. Grochmal
and C. Oral Lambert, Jr. are hereby appointed to view the belcm-
described property and report in writing to the Cc)uncil, as soon as possible,
whether in their opinion, any, and if any, what inconvenience would result in
the discontinuing and vacatina of a portion of that certain street of variablei
width located in the City of Virginia Beach, Virginia, and irore Farticularly
described as follows:
Beginning at the intersection of the existing southerly
right-of-way line of Laskin @d and the easterly right-
of-way line of Cardinal Rc)ad; thence alonq the proposed
extension of the easterly riqht-of-way line of Cardinal
Poad N 51- 55' 34" W, 74.58' to a Foint; thence along the
proposed southerly right-of-way line of Laskin Road, along
a curve to the left, said curve havinq a radius of 3794.831,
an arc distance of 195.21' to a point; thence continuing
along said proposed right-of-way line, along a curve to
the riqht, said curve having a radius of 20.001, an arc
distance of 33.24' to a pc)int; thence along the proposed
extension of the westerly right-of-way line of Birdneck
RDad, S 23- 58' 01" E, 60.09' to a point; thence alonq the
existing southerly right-of@way line of I-askin Road, along
a curve to the left, said curve having a radius of 30.651,
an arc distance of 17.67' to a point; thence continuing
along said existing right-of-way line, along a curve to the
right, said curve having a radius of 1411.851 an arc
distance of 164.721 to the point of beqinninq.
The abc)ve described parcel, being situate in Lynnhaven
Borough, Virginia Beach, Vircrinia, contains 0.331 acre.
All the abdve as shown upc)n that certain plat entitled, "Plat of
Portion of Laskin Road R/W Proposed to be Closed", Lymhaven Borough,
Virginia Beach, Virginia, which plat is attached hereto and @e a part
hereof and intended to be recorded with the ordinance closing the afore-
described street.
-2-
IN TBE MATTER OF CL.OSIN3, VACATINC, AND DISCOMINUING
A PORTION OF TTIAT CERRAIN STREET, AS LASKIN
ROAD, AS SH(KN UPCN @-L =-AM PLAT ENRITLED "PLAT
OF PORTION OF LASKIN ROAD R/W PROPOSED TO BE @ED",
LYNNHAVEN BOROUCH, VIPEINIA BEACH, VIFCINIA, TTIHICH
PLAT IS AITACHED HERETO.
P@ITIC)N
TO: THE MAYOR AND THE @RS CP THE CC)UNCIL CP THE CITY OF
VIlr,INIA BEACH, VIRGINIA
Your petitiorier, Thoms J. Decker, Jr., respectfully represent as
follows:
1. That pursuant to the provisions of Section 15.1-364 of the 1950
Oode of Virginia, as an-ended, the Petitioner applies for the vacating, closinq,
and discontinuance of a portion of that certain street, which is mre
specifically described as follows:
Begirming at the intersection of the existinq southerly
right-of-way line of Laskin Poad and the easterly right-
of-way line of Cardinal Rc)ad; thence along the proposed
extension of the easterly riqht-of-wav line of Cardinal
RDad N 51- 55' 34" W, 74.58' tc) a point; thence along the
proposed southerly right-of-way line of Laskin Road, along
a curve to the left, said curve having a radius of 3794.83',
an arc distance of 195.211 to a point; thence continuing
along said proposed right-of-way line, along a curve to
the right, said curve havinq a radius of 20.00', an arc
distance of 33.241 to a point; thence along the proposed
extension of the westerly right-of-way line of Birdneck
RDad, S 230 581 01" E, 60.09' to a pc)int; thence along the
existing southerly right-of-way line of Laskin-road, along
a curve to the left, said curve having a radius of 30.651
an arc distance of 17.67' to a point; thence continuing
along said existing right-of-way line, along a curve to the
right, said curve having a radius of 1411.851 an arc
distance of 164.721 to the @int of beqinning.
The above described parcel, being situate in Lynnhaven
Borough, Virginia Beach, Virginia, contains 0.331 acre.
Said parcel of land being a portion of Iaskin Road, as indicated on
i' that certain plat entitled "Plat of Portion of Laskin lbad P,/W Proposed to be
i I
Closed", Lynnhaven Borough, Virginia Beach, Virginia, which plat is attached I
I
I
I i
I i
i
hereto and @de a par-t hereof and intended to be reoorded with the Ordinance
closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason of
said closing, vacation, and discontinuance of said street; and the Petitioner
prays that this Honorable Council appoint @liewers as provided by law to view
said platted street proposed to be closed and to report in writing to the
Oouncil on or before the day of 1985, as to whether in the
opinion of said viewers, what incc)nvenience, if any, would result frcin the
discontinuance and closing of this portion of said street, as herein reFOrted
and described.
3. That on the 19th day of Sept@r, 1985 and on the 26th day of
Septeniber, 1985, notice of the presenting of this application was published in,
the Beacon, a newspaper of general circulation in the City of Virginia Beach,
Virginia.
4. That the fee sinple @ers of all land along and adjacent to and
affected by said portion of the platted street is your petitioner herein,
Thones J. Decker, Jr., 301 N. Lynnhaven Parkway, Virginia Beach, Virginia.
Respectfully s@tted,
THCMAS J. DECKER, JR.
By
-UUAI
!V')Y Counsel
M. Richard Epps
DAY, & EPPS
4701 Columbus Street, Suite 300
Virqinia Beach, Virginia 23462
-2-
- 41 -
Item II-K.10
CONSENT AGENDA ITEM # 24405
The following spoke concerning the PERMIT for Central Virginia Ambulance
Service:
Bruce Edwards, Director of Emergency Services
Richard C. Shomo, represented Central Virginia Ambulance Service
Opposition:
Barry F. Rudiger, represented Eastern Virginia Ambulance Service, Inc.
John V. Crombie, represented Tidewater Ambulance Service Inc.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
APPROVED a PERMIT to operate EMERGENCY MEDICAL SERVICES (ENS) VEHICLES to
CENTRAL VIRGINIA AMBULANCE SERVICE.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice
Mayor Reba S. Mcclanan, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
Council Members Abstaining:
Louis R. Jones
October 21, 1985
- 42 -
Item II-L.1/2/3.
APPOINTMENTS ITEM # 24406
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION
HISTORICAL REVIEW BOARD
TRANSPORTATION SAFETY COMMISSION
October 21, 1985
- 43-
Item II-M.1
UNFINISHED BUSINESS ITEM # 24407
COMMUNITY DEVELOPMENT LAND USE PLAN:
The following spoke concerning APPROVAL of the COMMUNITY DEVELOPMENT LAND
USE PLAN
Reverend Thomas Jennings, Newlight Civic League
John L. Perry, Coalition of Minority Civic Leagues.
Alice Green, resident of Newlight
Commander Steve Schrobo, resident of Lake James
Ernest Benson, Queen City Civic League
Delanne R. Ferrell, resident of Oake Hampton Court
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED the CITY OF VIRGINIA BEACH POLICY STATEMENTS FOR COMMUNITY
DEVELOPMENT (TARGET) NEIGHBORHOOD, prepared June 1985 by PLANNING
MANAGEMENT ASSOCIATES. The Recommendations by the Planning Commission
concerning tbis LAND USE PLAN will be further studied.
Voting: 9-1
Council Members Voting Aye:
John A. Baum@ Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
*Verbal Aye
October 21, 1985
- 44 -
Item II-M.2
UNFINISHED BUSINESS ITEM # 24408
ADD/ON
Councilman Robert Jones referenced a PUBLIC HEARING on November 4, 1985,
concerning the Ordinance to amend and reordain Ordinance Number 486, SITE
PLAN ORDINANCE by ADDING thereto Section 5A pertaining to parking lot
landscaping.
Staff advised Councilman Jones that due to advertising this could NOT be
heard earlier than November 4, 1985. Counciman Robert Jones advised site
plans would be affected relative this Ordinance.
Councilman Fentress inquired as to any special H-2 considerations in
determining the size of the parking lots. The Planning Director advised
concern had been expressed relative the Resort Area and the Pembroke Area.
Recommendations are before City Council for the entire City to be treated
the same.
Item II-M.3
UNFINISHED BUSINESS ITEM # 24409
ADD-ON
Councilman Jennings referenced JOINT CITY COUNCIL AND VIRGINIA BEACH SCHOOL
BOARD MEETING on August 19, 1985.
Councilman Jennings advised he had not been informed relative the disposal
of the property of the CENTER FOR EFFECTIVE LEARNING as it was proposed
for replacement at a cost of $5.4 MILLION.
The City Staff will advise.
Item II-M.4
UNFINISHED BUSINESS ITEM # 24410
ADD-ON
Councilman Jennings referenced CANAL NO. 2 and his concerns relative a
RETENTION POND as an entrapment for siltation or pollutants.
Staff advised the Army Corps of Engineers had examined same and advised the
RENTION POND would not be an effective entrapment and would be too costly.
October 21, 1985
- 45 -
Item II-N.l.
UNFINISHED BUSINESS ITEM # 24411
REVIEW OF THE CAPITAL IMPROVEMENT PROGRAM
By CONSENSUS, City Council APPROVED the proposed schedule for REVIEW OF THE
CAPITAL IMPROVEMENT PROGRAM:
DATE EVENT LOCATION
November 4 Initial Presentation/ Council Chambers
(2:00 p.m.) Overview
November 7 Workshop Conference Room
(7:00 - 10:00 p.m.)
November 12 Public Hearing Pavilion
(7:00 p.m.)
November 18 Workshop/Reconciliation Conference Room
(10:00 a.m. - Noon)
November 18 Public Hearing Council Chambers
(2:00 p.m.) (Revenue Sharing)
November 18 First Reading Council Chambers
November 25 Final Action Council Chambers
(7:00 p.m.)
October 21, 1985
- 46 -
Item II-N.2
NEW BUSINESS ITEM # 24412
ADD-ON
Councilman McCoy suggested the formulation of a DEPARTMENT OF TRAFFIC AND
TRANSPORTATION and employing a Director from one of the larger cities such
as Los Angeles or Houston.
The City Manager advised he will report concerning this in the new
OPERATING BUDGET.
Item II-N.3
NEW BUSINESS ITEM # 24413
ADD-ON
Councilwoman Oberndorf referenced Section 22.1-29.1 of the Code of the City
of Virginia: Public Hearing before Appointment of School Board Members.
The State Legislators had not advised the procedures involved in complying
with same.
City Staff will investigate and advise.
October 21, 1985
Item II-0.1
ADJOURNMENT
Upon motion by Councilman McCoy, and BY ACCLAMATION, City Council ADJOURNED
the meeting at 6:38 P.M.
62
Beverlf 0. Hooks
Chief Deputy City Clerk
R'bth HodgeL' Smith, CMC eischober
City Clerk
City of Virginia Beacb,
Virginia
/bh
October 21, 1985