OCTOBER 15, 1984 MINUTES
@f @ilrg4i@i@
"WORLD'S LARGEST RESORT CITY"
CnTCOUNCIL
MAYO)? HAROLD HVSCHORER. At L.,g-
VICE-MA YOR REBA S. M@CLANAN, A- B-gh
JOHN A. SAUM. Mk-@ B-gh
NANCY A. CREECH. At L-"
ROBERT E YEAITRESS, Vi@cts@ B-h B-gh
BARRARA M. HENLEY, P..g@ B-gh
H. JACK @INGS, JR., Ly.@.- @..gh
LOUIS R. IONES. B.V..& B@-gh
ROBERT G. JONES. A, L-g@
J. HENRY M@COY. JR.. K-p.@ B-gh
MEYERA E. OBERNLIORF. A@ L.@g@ 281 CITY HALL BUILDING
MUNICIPAL CENMR
RUTH HODGES SMITH, CMC, Ci,y Cl,,k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 2US6 9"
18(41427-4303
October 15, 1984
Virginia Beach City Council
BRIEFING - Council Chambers - 12:30 PM
A. Strategic Planning
B. Update Tax Reform Act
ITEM I. 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 Eugene R. Woolridge, Jr.
Virginia Beach United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. PRESENTATIONS
1. Proclamation
a. Natural Resources Conservation Week - 10/14-20/84
2. Resolution
a. Virginia Beach United Methodist Church
E. MINUTFS OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of October 8, 1984.
F. CITY MANAGER'S ADMINISTRATIVE AGENDA
1. Beach Finds Presentation: Mr. C. Kac Rawls, Director of the
Virginia Museum of Marine Sciences
2. Review of Consent Agenda
G. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
H. PLANNING
1. Ordinance to amend and reordain an Ordinance granting a
conditional use permit for housing the elderly to Chimney
Hill Land Company adopted August 17, 1983, and to repeal a
condition that limits height to thirty-six (36) feet.
(City Council voted to consider this request on September
24, 1984.)
2. Application of Jim Arnhold for a variance to Section 4.4(c)
of the Subdivision Ordinance which requires that the minimum
lot width for corner lots be increased by ten feet. The
applicant wishes to subdivide a 6.9705-acre parcel, located
on the north side of Wolfsnare Road, west of Eastern Shore
Road, into seventeen lots (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Ordinance closing, vacating and discontinuing a portion of
Painter's Lane in the petition of Lakeside Construction
Corporation (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval, and the recommendation of the
Viewers for indefinite deferral-
4. Application of Hop-In Food Stores, Inc. for a conditional
use permit for a gas station in connection with a
convenience food store on a 27,000-square foot parcel
located at the northeast corner of South Plaza Trail and
North Donnawood Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5 - Application of St. Aidan's Episcopal Church for a
conditional use permit for an addition and alterations to a
church at the southeast corner of North Lynnhaven Road and
Edinburgh Drive on a 3.56-acre parcel (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of W. R. Runnells, Jr. and Vivian G. Do,,--r for
a change of zoning from R-6 Residential District to A-2
Apartment District on a 1.7-acre parcel located on the north
side of A Street, west of Barberton Drive (Virginia Beach
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of Doris Morrison for a change of zoning from
A-1 Apartment District to A-3 Apartment District on a 1.2-
acre parcel located at the southwest corner of 24th Street
and Barberton Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Applications of Grayson Whitehurst, Jr.:
a change of zoning from R-4 Residential District to 0-1
Office District on a 7.5-parcel;
a change of zoning from R-3 Residential District to 0-1
Office District on an 11.9-acre parcel;
a conditional use permit for a 250-unit retirement center
and related facilities on a 10.1-acre parcel;
AND,
a conditional use permit for a 150-bed nursing center and
related facilities on a five-acre parcel.
9. Applications of W. Levi Old, Jr.:
a change of zoning from R-1 Residential District to R-2
Re@idential District on a 10.1-acre parcel;
a change of zoning from R-1 Residential District to R-3
Residential District on a 1.1-acre parcel;
a change of zoning from R-3 Residential District to 0-1
Office District on a 40.9-acre parcel;
a change of zoning from R-3 Residential District to R-2
Residential District on a 3.9-acre parcel;
a conditional use permit for a 150-unit nursing home and
related administrative and support facilities on a two-acre
parcel;
a conditional use permit for a 270-unit retirement center
and related support and recreational facilities on a 26-acre
parcel;
AND,
a conditional use permit for a hospital expansion including
administrative support, data processing, out-patient
services, and related medical services and wellness center
on a ten-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
RESOLUTIONS/ORDINANCES
1. Industrial Development Revenue Bonds
a. Crown Properties Partnership Facility ($1,000,000)
b. Rose Hall Associates ($600,000)
c. Red Roof Inns, Inc. ($2,265,000)
d. ECFI of Tidewater Virginia, Inc. ($5,850,000)
e. 1984 Associates (Kempsville Square Facility, Rosemont
Road Facility, and Cleveland Street Facility)
($3,120,000)
2. Special Revenue Bonds
a. Resolution approving the issuance of Special Revenue
Bonds from the Hampton Redevelopment and Housing
Authority in the amount of $17,000,000 to Mayflower
Seaside Tower Associates.
b. Resolution approving the issuance of Special Revenue
Bonds from the Hampton Redevelopment and Housing
Authority in the amount of $5,500,000 to Windsor Holland
Properties.
c. Resolution approving the issuance of Special Revenue
Bonds from the Newport News Redevelopment and Housing
Authority in the amount of $1,800,000 to Lisa Square
Apartments.
3. Ordinance
a. Ordinance authorizing and directing the City Manager to
accept on behalf of the City of Virginia Beach, Virginia
a certain deed of gift in settlement and compromise of
that certain condemnation suit entitled "City of
Virginia Beach vs. F. Wayne McLeakey and Faye E.
McLeskey, his wife, Law No. 13,436 A and B".
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution in Recognition to Virginia Beach United
Methodist Church.
2. Resolution to accept gift of vehicle lease for the
Virginia Museum of Marine Sciences from the President of
Checkered Flag Motor Company.
3. Authorization to advertise for a public hearing on
November 5, 1984 regarding an Ordinance to amend and
reordain Section 36-172 of the Code of the City of
Virginia Beach relating to the maximum rate of fare for
taxicabs.
4. Ordinance to transfer funds of $13,375 within the
Department of Data Processing for the purchase of data
processing equipment.
5. Ordinance, on SECOND READING, to appropriate funds of
$167,900 from the General Fund Balance for the updating
of the Municipal Center Master Plan.
6. Ordinance, on FIRST READING, to appropriate funds of
$5,000 to the Department of Parks and Recreation for the
development of Kenstock Park.
7. Ordinance, on FIRST READING, to adjust the FY 1985
Operating Budget for the Pendleton Child Service Center.
8. Ordinance to authorize a temporary encroachment into a
portion of a 151 unnamed City right-of-way to Conhill
Corporation, their assigns and successors in title.
9. Ordinance authorizing certain events conducted on City
property to be exempt from the prohibition from working
or transacting business on Sunday.
10. Ordinance authorizing the Trustees of Pleasant Grove
Baptist Church to take and hold title to more than fo,r
acres of land within the City of Virginia Beach,
Virginia, as provided by Section 57-12 of the Code of
Virginia (1950), subject to certain limitations.
11. Request of the City Treasurer for tax refunds in the
amount of $19,979.80.
K. APPOINTMENTS
1. Arts & Humanities Commission
2. Development Authority
3. Personnel Board
4. Planning Commission
5. Transportation Safety Commission
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. Request for easement vacation - James Leakou
N. ADJOURNMENT
1. Motion to adjourn.
8
Item II-G.2
MINUTES ITEM 24505
Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City
Council APPROVED CORRECTIONS to the MINUTES OF October 15, 1984:
Item 22648 - Page 21 - ORDINANCE UPON
APPLICATION OF GRAYSON WHITEHURST, JR., FOR A
CONDITIONAL USE PERMIT FOR A 250 UNIT RETIREMENT
CENTER R01084675
The following condition was corrected:
1. A 50-foot landscaped buffer along
the northern boundary adjacent to
residentially zoned land AND a
150-foot setback for buildings @
twu -stcrrtes,-= i.tgt@ur in excess
of two stories.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, 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:
None
Council Members Abstaining:
Barbara M. Henley and Vice Mayor Reba S. McClanan
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 15, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, October 15, 1984, at 1:00 in the afternoon.
Council Members Present:
John A. Baum, Nancy A, Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Councilman J. Henry McCoy entered the Executive Session at 1:13 p.m.
October 15, 1984
- 2 -
ITEM # 22631
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
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, acquisition or use of real property for public
purpose, or of the disposition of publicly held property,
or of plans for the future of an institution which could
affect the value of property owned or desirable for ownership
of such institution.
3. PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a
prospective business or industry where no previous announcement
has been made of the business' or industry's interest in locating
in the community.
4. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the juris-
diction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Robert Jones, City
Council voted to proceed into the EXECUTIVE SESSION, to be followed by the REGULAR
SESSION.
Voting: 9-0
Council Members Voting Nay:
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.
October 15, 1984
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 15, 1984
2:00 p.m.
Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, October
15, 1984, at Two O'Clock in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Eugene R. Woolridge, Jr.
Pastor
Virginia Beach United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
October 15, 1984
4
Item II-D. I
PROCLAMATION ITEM 22632
Mayor Heischober PROCLAIMED the week of October 14 - 20, 1984 as
NATURAL RESOURCES CONSERVATION WEEK
This PROCLAMATION recognized fifty (50) years of Soil and Water Conservation.
This PROCLAMATION was accepted by Everett Sawyer, Chairman of the District
of Soil and Water Conservation. Jim Belote and Joey Moore, Directors of
the District of Soil and Water Conservation were also in attendance.
October 15, 1984
- 4a -
riartam;atijan
WHEREAS, 1984 ma4k4 the gotden annive4,&a4y 06 gove4nment invotvement in
.6oit and Mte4 con-6e4vation; and
WHEREAS, much ha,6 been accompti,6hed 6ince ox began the 6ight against
Aoit e4oAion, and OU4 Citizen,6 have 4eatized many bene6it,6 640M OU4 e66O4t,6;
and
WHEREAS, the con,6e4vation oA ouA natuaat 4esouAce,6 is an ongoing battte
which tequi4es constant attention; and
WHEREAS, The Vi4ginia ",sociation o6 Soit and Wate4 Con,6e4vation Di,6-
t4ict,6 and Vi4ginial-6 6o4ty-Aou4 con,6e4vation di,6t4ict,6 have 6et aside the
pe4iod oi Octobe4 14 - 20 as Natu4at Re,6ou4c" Con,6e4vation Week with the
theme: Fi6ty Yea4,6 06 Soit and Wate4 Con-6e4vation.
NOW, THEREFORE, 1, Ha4otd Hei,6chobe4, Mayo4 06 the City o6 Vitginia
Beach, do he4eby paoctaim the uxek o6 Octobe4 14 - 20, 1984 a-6
NATURAL RESOURCES CONSERVATION WEEK
in Vi4ginia Beach and catt it,6 zigni6icance to the attention o6 att ouA
citizen,s.
Given unde4 my hand and .6eat thi,6
FiAteenth Day o6 Octobei, Nineteen
Hund4ed and Eighty-AouA.
Mayo,t
October 15, 1984
5
Item II-D.2
RESOLUTION ITEM 22633
Mayor Heischober presented a RESOLUTION IN RECOGNITON to:
VIRGINIA BEACH UNITED METHODIST CHURCH
As per the reqest of the Mayor, Councilman Fentress, who was responsible
for its inception, read the RESOLUTION.
The following were in attendance from United Methodist Church to accept
this RESOLUTION:
Reverend Eugene R. Woolridge - Senior Minister
Reverend George Neas - Assistant Minister
Mrs. Sam Myers - Chairman of the Administrative Board
Mrs. Shelby Spradlin - Lay Leader
Mrs. Joyce Clark - Director of Music
This RESOLUTION recognized the contributions of the VIRGINIA BEACH UNITED METHODIST
CHURCH to the Resort Area and the City as a whole.
October 15, 1984
6
Item II-E. I
MINUTES ITEM 22634
Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City
Council APPROVED the Minutes of October 8, 1984.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 15, 1984
- 7 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-F. 1
"BEACH FINDS" PRESENTATION ITEM # 22635
Director of the Virginia Musuem of Marine Sciences, C. Mac Rawls, introduced
Nancy Parker, President of C-COMMS (Council of Citizens and Organizations for
the Museum of Marine Sciences). C-COMMS is a coalition of approximately thirty
(30) civic leagues, garden clubs and other groups organized to support the
Virginia Museum of Marine Sciences. The efforts of this coalition have turned
toward volunteer work.
Nancy Parker unveiled C-COOMS first volunteer program "BEACH FINDS", which i.
a program envisoned to be state-wide. Mrs. Parker introduced Sam Meyers, a
Retired Air Force Colonel, and Paul Anninos, a specialist in fisheries' management
who received his Masters in Oceanography at Old Dominion University. These
gentlemen are volunteers who organized the project and will co-chair "BEACH
FINDS".
Colonel Meyers and Mr. Anninos further illustrated their project with a slide
presentation and an organizational chart. There are 5,000 miles of shoreline
in Virginia from the oceanfront at Sandbridge to the rivers and tributaries which
feed our Bay and many Beaches. It is a border where water meets land and where
water meets man. It is an environment that supports human life as well as
a quarter of a million acres of vegetated tidal wetlands and hundreds of species
of vertebrate and invertebrate. A great deal has been learned from observing and
inquiring about this environment. "BEACH FINDS" is a Public Marine Education
Program and provides an opportunity for the public who encounter items of an
unusual nature or interest along the beach to have them identified. The GOAL
of "BEACH FINDS" is to provide educational services and experience through tbe
Museum of Marine Sciences to the citizens of the Commonwealth by fostering an
exchange of marine and estuary information. The three (3) objectives of "BEACH
FINDS" are:
(1) Learn more about living and non-living marine resources
and artifacts
(2) Foster a development of state-wide volunteer programs in
support of the Virginia Museum of Marine Sciences
(3) Provide potential exhibit displays for the Virginia
Musuem of Marine Sciences
Currently "BEACH FINDS" is centered in Hampton Roads but will eventually expand
into four (4) regions, the Peninsula, the Northern Neck and the Eastern
Shore.
Director Mac Rawls displayed some of the "BEACH FINDS":
Mastodon Tusk (approximately 15,000 years old - discovered by
Ernest Ball)
Walrus Skull (approximately 15,000 years old - furnisbed by
Danny McCullah)
CHECKERED FLAG has provided the vehicle to transport any of the "BEACH FINDS".
Mr. Edward Snyder was representing Checkered Flag at the Council Meeting.
Members of City Council were made HONORARY MEMBERS of "BEACH FINDS" with appropriate
attire of red "BEACH FINDS" visors.
October 15, 1984
- 8 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
(Continued)
Item II-F.2
CONSENT AGENDA
PENDLETON CHILD
SERVICE CENTER ITEM # 22636
The City Manager referenced EXHIBIT A, Pendleton Child Service Center Fund
Revenue, which had been distributed to Members of City Council in connection
with an Ordinance, on FIRST READING, to adjust the FY 1985 Operating
Budget for the PENDLETON CHILD SERVICE CENTER (See Item II-J.7 of the
Consent Agenda)
October 15, 1984
- 9 -
DISCUSS10N OF PERTINENT MATTERS BY CITY COUNCIL
Item II-G.1
1984 VIRGINIA MUNICIPAL
LEAGUE CONFERENCE ITEM # 22637
Councilwoman Oberndorf presented a report on attendance at the 1984 VIRGINIA
MUNICIPAL LEAGUE CONFERENCE WORKSHOP ON STRATEGIC PLANNING (said report
is hereby made a part of the record). Councilwoman Oberndorf particularly
emphasized the concept of GOAL SETTING.
The elected body should exercise leadership rather than always reacting. There
should be a method to act in partnership with the staff on policy adoption as
well as administration. The main role of City Council is to provide guidance
and leadership. City Council is increasingly confronted with the need to make
more policy choices
Councilwoman Oberndorf reiterated that in order for CHANGE to take place,
certain prerequisites must be developed, which are:
1. A willingness to participate in some kind of
process to establish collaborative relationships,
engage in team building, and focus on long range
goals.
2. A commitment to participate in a training event
3. An understanding that politics is not management,
and councilmembers, because of their unique elected
status, will not be able to agree on everything
It was the perspective of the workshop attended by Councilwoman Oberndorf,
that strategies could be adopted and implemented that would facilitate a
TEAM CONCEPT. These strategies revolved around four major concepts, of which
the first (3) can be combined:
1. Training in Group Dynamics
2. Using the Team Building Model, extending this into
policy making and goal setting
3. More structured activities to list and then select
an action program from various competing proposals
4. Involving Council in a more extended process of organi-
zational development, similar to the effort that the
staff has recently initiated
If Council chose to begin this process, the City Manager's initiative in imple-
menting this process with staff will be beneficial. All of the successful
efforts by Cities used outside facilitators.
The following major steps characterized successful efforts:
1. Data Gathering
2. Off-Site Meeting
3. Follow Up Activities
The Mayor advised City Council will study Councilwoman Oberndorf's report
and same will be discussed at a future City Council Meeting.
October 15, 1984
- 10 -
Item II-G.2
AGENDA FORMAT ITEM # 22638
ADD-ON
Councilwoman Henley referenced her letter to the Mayor expressing concern
that the new COUNCIL AGENDA FORMAT may have caused a loss of staff briefings,
where formally several topics were presented weekly for Council's consideration
and now are all too infrequent. She expressed concern that a hasty decision
may be made in a crisis climate rather than through a more deliberate legislative
process. She expressed the desire that these briefings would take possibly an
hour and therefore Planning items (Changes of Zoning, Conditional Use Permits,
Subdivision Variances, et cetera) could begin promptly at 3:00 p.m. to allow
individuals a definite time to attend Council Meetings and express their concerns
for or against neighborhood developments.
Councilwoman Henley further expressed concern for items that are discussed in
the Executive Session, some of which she felt did not strictly adhere to Section
2.1-344, Code of Virginia, as amended.
The Mayor entertained a motion to ACCEPT or REJECT the COUNCIL AGENDA FORMAT
as he had designed, which would allow for staff briefings under UNFINISHED
OR NEW BUSINESS as same would appropriately apply. Those items to be con-
sidered under the CITY MANAGER'S ADMINISTRATIVE AGENDA will be only those
which apply to the Formal Agenda.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
APPROVED the AGENDA FORMAT remaining as Mayor Heischober DESIGNED.
Voting; 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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, and Meyera E. Oberndorf
Council Members Absent.
None
Council Members Abstaining:
Robert G. Jones
October 15, 1984
Item II-H.1
PLANNING ITEM 22639
Al Carmichael, of Harvey Lindsey and Company, represented the applicant
Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council
ADOPTED an Ordinance to AMEND and reordain an Ordinance granting a Conditional
Use Permit for housing the elderly to CHIMNEY HILL AND COMPANY adopted
August 16, 1983, AND TO REPEAL a condition that limits height to thirty-six
(36) feet, subject to the condition that the maximum height be no higher than
the elevator shaft.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones,
and Vice Mayor Reba S. McClanan
Council Members Voting Nay:
Barbara M. Renley, and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
October 15, 1984
- lla -
AN ORDINANCE TO AMEND AND REORDAIN
AN ORDINANCE GRANTING A CONDITIONAL
USE PERMIT TO HOUSING THE ELDERLY
TO CHIMNEY HILL LAND COMPANY ADOPTED
AUGUST 17, 1983, AND TO REPEAL A CON-
DITION THAT LIMITS HEIGHT TO THIRTY-
SIX (36) FEET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA
BEACH, VIRGINIA:
That the height limitation of 36 feet imposed under the
conditional use permit granted to Chimney Hill Land Company is
hereby repealed.
This ordinance shall be effective from the date of its
adoption.
ADOPTED: October 15, 1984
JDB/jh
9/2 7/8 4
IC; COt4TENTS
SIGNATURE
Z-.Ili
Dt vAw I AATN I
APPROVED AS To
aTY ArrORNEY
October 15, 1984
- Ilb
PUBLIC NOTICE
The Virginia Beach City Council,
at its regular meeting - at- 2:00
p. m., Monday, October 15, 1984,
in thc City Council Chambers,
Virginia Beach, Virginia, will
consider the following:
An Ordinance to amcnd and
reordain an ordinance granting a
conditional usc permit to housing
the ciderly to Chimney Hill Land
Company adopted August 17,
1983, and to repeal a condition
that limits height to thirty-six (36)
feet.
BE IT ORDAINED by the
Council of the City of Virginia
Beach, Virginia:
That the height limitation of 36
fect imposed under the con-
ditional use permit granted to
Chimney Hill Land Company is
hereby repeated.
Ruth Hodges Smith. CMC
City Clerk
119-17 2t 10-10 VB
October 15, 1984
- 12 -
Item 11-H.2
PLANNING ITEM # 22640
Walter Stephenson, Jr., of Miller-Fox-Stephenson, represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED a Variance to Section 4.4(c) of the Subdivision Ordinance
in the matter of the application of JIM ARNHOLD.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Jim Arnhold. Property located
on the north side of Wolfsnare Road, 1060 feet west of
Eastern Shore Road. Plats with more detailed infor-
mation are available in the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
October 15, 1984
- 13 -
Item II-H.3
PLANNING ITEM # 22641
Attorney Grover Wright represented the applicant and presented to Council a
Composite Plat for Red Mill Farm Phase 3 (said plat is hereby made a part of
the record).
Upon motion by Councilwoman McClanan, seconded by Councilman Louis Jones, City
Council DEFERRED INDEFINITELY an Ordinance closing, vacating and dicontinuing
a portion of Painter's Lane in the petition of LAKESIDE CONSTRUCTION CORPORATION
(Princess Anne Borough)
Application of Lakeside Construction Corporation for the
discontinuance, closure and abandonment of a portion of
Painter's Lane beginning at a point 100 feet more or less
north of Sandbridge Road and running in a northeasterly
direction to the southern boundary of proposed Ferrell
Parkway. Said parcel contains 3.672 acres. PRINCESS
ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 15, 1984
- 14 -
Item II-H.4
PLANNING ITEM # 22642
Attorney Grover Wright represented the applicant
Opposition:
Ina E. Burba, represented self and family as residents of Windsor Woods
Marcia Kline represented a Residential Group of Windsor Woods
Ruth Caldwell represented a Residential Group of Windsor Woods
Eileen O'Brien represented self as a concerned resident of Windsor Woods
and presented petition in opposition to application containing approximately
167 signatures (said petition is hereby made a part of the record)
Robert Edwards, a resident of 3769 South Plaza Trail conveyed his opposition by
telephone to the office of the City Clerk
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council DENIED an Ordinance upon application of HOP-IN FOOD STORES, INC.
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES, INC.
FOR A CONDITIONAL USE PERMIT FOR A GAS STATION
Ordinance upon application of Hop-In Food Stores, Inc.,
for a Conditional Use Permit for a gas station in
connection with a convenience store on certain
property located at the northeast corner of South
Plaza Trail and North Donnawood Drive, running a dis-
tance of 150 feet along the noth side of South Plaza
Trail, running a distance of 180 feet along the east
side of North Donnawood Drive, running a distance of
150 feet along the northern property line and running
a distance of 180 feet along the eastern property line.
Said parcel contains 27,200 square feet. LYNNHAVEN
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. oberndorf
Council Members Voting Nay:
None October 15, 1984
Council Members Absent:
- 15 -
Item II-H.5
PLANNING ITEM # 22643
Serge Demchuk, member of St. Aidan's Episcopal Church, represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, CitY
Council ADOPTED an Ordinance upon application of ST. AIDAN'S EPISCOPAL
CHURCH for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF ST. AIDAN'S EPISCOPAL
CHURCH FOR A CONDITIONAL USE PERMIT FOR ADDITION
AND ALTERATIONS TO A CHURCH R01084674
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of St. Aidan's Episcopal Church
for a Conditional Use Permit for additions and alterations
to a church at the soutbeast corner of North Lynnhaven Road
and Edinburgh Drive on Parcels A and B, King's Grant. Said
parcel is located at 3201 Edinburgb Drive and contains 3.56
acres. LYNNHAVEN BOROUGH
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundked and Eighty-four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent: October 15, 1984
None
- 16 -
Item II-H.6
PLANNING ITEM # 22644
Attorney Barry Koch represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an ordinance upon application of W. R. RUNNELLS, JR.,
and VIVIAN G. DOUMMAR for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF W. R. RUNNELLS, JR., AND
VIVIAN G. DO@R FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 TO A-2 Z01084890
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. R. Runnells, Jr., and Vivian
G. Doummar for a Chatge bf ZOrling Di8trict Cla8sifitAtion
from R-6 Residential District to A-2 Apartment District on
certain property located on the north side of A Street, west
of Barberton Drive on Lots 5 thru 10 and 22 thru 31, Block 2,
Woodland. Said parcel contains 1.7. acres. VIRGINIA-BEAGH
BOROTgCH. LYNNHAVEN BOROUGH.*
Prior to the changing of the official zoning maps, the following conditions
will be met;
1. Resubdivision of the property and vacation of internal
lot lines to avoid the creation of nonconforming lots.
2. Dedication of one-half of a standard cul-de-sac at the
western end of A Street.
*This application was listed incorrectly as being in the Virginia Beach Borough.
This Ordinance shall be effective upon tbe date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundked and
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None October 15, 1984
- 17 -
Item II-H.7
PLANNING ITEM # 22645
Attorney Grover Wright represented the applicant
Upon motion by Councilman Jennings, seconded by Councilmau McCoy, City
Council ADOPTED an Ordinance upon application of DORIS MORRISON for a
Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF DORRIS MORRISON FOR A
CHANGE OF ZONING FROM A-1 TO A-2 (AS MDIFIED) Z01084891
BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon applicaton of Doris Morrison for a Change
of Zoning Disttict Classification from A-1 Apartment Dis-
trict to A-2 Apartment District (AS MODIFIED) on certain
property located at the southwest corner of Barberton Drive
and 24th Street on Lots 9 thru 16 and 24 thru 27, Block 4
Woodland. Said parcel contains 1.2 acres. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Resubdivision of the property and vacation of internal
lot lines to avoid the creation of nonconforming lots.
2. Dedication of one-half of a standard cul-de-sac at the
western end of C Street.
This Ordinance shall be effective upon the adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundred and Eirhty-four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniags, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, Ji Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 15, 1984
- 18 -
Item II-H.8a.
PLANNING ITEM # 22646
The following represented the GRAYSON WHITEHURST, JR., AND W. LEVI OLD, JR.
APPLICATIONS:
Attorney Robert Cromwell represented Grayson Whitehurst and W. Levi Old, Jr.
Timothy Barrow represented Timothy Barrow and Associates
Attorney Grover Wright represented General Hospital of Virginia Beach
Dr. Raymond Whitney represented the General Hospital of Virginia Beach
Samuel Scott, a real estate broker, currently negotiationing a joint venture
development on a portion of property with National Medical Enterprises, Inc.,
which was referred to as the "Whitehurst Tract".
Peter Blanchard represented the Virginia Beach Medical Society
Wright Harrison represented the General Hospital of Virginia Beach
The following spoke in opposition to the GRAYSON WHITEHURST, JR., AND W. LEVI
OLD, JR., APPLICATIONS:
Jerry Anderson represented the Great Neck Association of Civic Leagues
Dr. Abbot Granoff represented the Great Neck Association of Civic Leagues
D. F. Munday, represented the First Colonial Civic League
George Cokor, represented the Linkhorn Civic League
The following registered opposition but did not speak:
Betty Lee Nelson represented the North Alanton Civic League
Charles A. Reich, Jr. represented the North Alanton Civic League
Susan Petran, represented the North Alanton Civic League
Samuel Houston, Sr. represented the Elderly and registered neither for nor
against
Councilwoman Creech referenced letter from the City Attorney advising his opinion
that: "No CONFLICT OF INTEREST exists" for either Council Members Baum or Creech
in their service on the Virginia Beach General Hospital Board of Directors (said
letter is hereby made a part of the record).
Councilwoman Henley referenced that as a shareholder in the National Medical
Enterprises, Inc., she would ABSTAIN from the Applicati.ons involving GRAYSON
WHITEHURST, Jr.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance upon application of GRAYSON WHITEHURST, JR., for a
Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST, JR.,
FOR A CHANGE OF ZONING FROM R-4 TO 0-1 Z01084892 (#4962)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Grayson Whitehurst, Jr. for a
Change of Zoning District Classification from R-4 Residential
District to 0-1 Office District on certain property located on
the north side of Camelot Drive beginning at a point 380 feet
more or less east of First Colonial Road, running a distance
of 470 feet more or less along the north side of Camelot Drive,
running a distance of 470 feet in a southerly direction, running
a distance of 130 feet in an easterly direction, running a distance
of 250 feet in a southerly direction, running a distance of
1040 feet along the eastern property line, running a distance
of 708.36 feet along the northern property line and running
a distance of 510 feet along the western property line. Said
parcel contains 7.5 acres. LYNNHAVEN BOROUCH.
October 15, 1984
- 19 -
Item II-H.8a.
PLANNING ITEM # 22646 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundred and Eighty-four.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
Council Members Abstaining:
Barbara M. Henley
October 15, 1984
- 20 -
Item ii-R.8b-
PLANNING ITEM # 22647
A motion was made by Councilman Jennings, seconded by Councilwoman Oberndorf
to ADOPT an Ordinance upon application of GRAYSON WHITEHURST, JR., for a
Change of Zoning District Classification from R-3 to R-4 (AS MODIFIED).
Upon SUBSTITUTE MOTION by Councilman McCoy, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of GRAYSON WHITERURST, JR.
for a Change of Zoning District ClaSsification as per the following:
ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST, JR.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICAT10N FROM R-3
TO 0-1 Z01084893 (Ji49631
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Grayson Whitehurst, Jr., for
a Change of Zoning Distict Classification from R-3 Residential
District to 0-1 Office District on certain property located
1050 feet more or less north of Will-O-Wisp Drive beginning
at a point 1001.65 feet east of First Colonial Road, running
a distance of 899 feet along the Eastern property line, running
a distance of 590 feet along the northern property line and
running a distance of 1040 feet along the western property
line. Said parcel contains 11.9 acres. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Ninoteen Hu
Voting: 6-3 (STIBSTITUTE MOTION CARRIED)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Louis R. Jones, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Abstaining.
Barbara M. Henley and Robert G. Jones
The MAIN MOTION was not deliberated since the STJBSTITUTE MOTION prevailed.
October 15, 1984
- 21 -
Item II-H.8c
PLANNING ITEM # 22648
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of GRAYSON WHITEHURST, JR.,
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST, JR., FOR
A CONDITIONAL USE PERMIT FOR A 250 UNIT RETIREMENT CENTER
R01084675 (#4964)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Grayson Whitehurst, Jr. for a
Conditional Use Permit for a 250-unit retirement center and
related facilities on certain property located on the north
side of Camelot Drive beginning at a point 380 feet more or
less east of First Colonial Road, running a distance of 470
feet along the north side of Camelot Drive, running a distance
of 700 feet in an easterly direction, running a distance of
350 feet more or less along the eastern property line, running
a distance of 1298 feet more or less along the northern property
line and running distance of 510 feet along the western property
line. Said parcel contains 10.1 acres. LYNNHAVEN BOROUGH
The following conditions shall be required:
1. A 50-foot landscaped buffer along the northern boundary
adjacent to residentially zoned land AND a 150-foot
setback for buildings of two stories or higher.
2. Installation of an automatic fire alarm and sprinkler
system meeting with the City's Fire Protection Engineer.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Ninetee. Hndred and Eighty-for.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, 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:
None
October 15, 1984
Council Members Abstaining:
Barbara M. H
- 22 -
Item II-H.8d
PLANNING ITEM # 22649
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of GRAYSON WHITEHURST, JR.,
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF GRAYSON WHITEHURST, JR., FOR
A CONDITIONAL USE PERMIT FOR A 150-BED NURSING CENTER AND
RELATED FACILITIES R01084676 (#4965)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Grayson Whitehurst, Jr., for a
Conditional Use Permit for a 150-bed nursing center and
related facilities on certain property located at the
southeastern terminus of Camelot Drive, running a distance
of 680 feet more or less along the northern property line,
running a distance of 450 feet more or less along the eastern
property line, running a distance of 544.16 feet along the
Southern property line, running a distance of 250 feet in a
northerly direction, running a distance of 130 feet in a
westerly direction and running a distance of 410 feet along
the western property line. Said parcel contains 5 acres.
LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Installation of an automatic fire alarm and sprinkler
system meeting the approval of the City's Fire Protection
Engineer.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundred and Eighty-four.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E, Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Louis R. Jones, Robert G. Jones, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
None
Council Members Abstaining:
Barbara M. Henley
October 15, 1984
- 23 -
Item II-H.9a
PLANNING ITEM # 22650
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon application of W. LEVI OLD, JR., M.D.
for a Conditional Use Pemit per the following:
ORDINANCE UPON APPLICATION OF W. LEVI OLD, JR., M.D. FOR
A CONDITIONAL USE PERMIT FOR A 150-UNIT NURSING HOME
R01084677 (#4966)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. Levi Old, Jr., M.D., for a
Conditional TJse Permit for a 150-unit nursing home and related
administrative and support facilities on certain property lo-
cated 1080 feet more or less north of Will-O-Wisp Drive be-
ginning at a point 1650 feet more or less east of First Colonial
Road, running a distance of 460 feet in a northwesterly direction,
running a distance of 100 feet in an easterly direction, running
arund a curve in a southwesterly direction a distance of 550 feet
and running a distance of 70 feet in a westerly direction. Said
parcel contains 2 acres. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Installation of an automatic fire alarm and sprinkler system
meeting the approval of the City's Fire Protection Engineer.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundred and Eighty-four.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
October 15, 1984
- 24 -
Item II-H.9b
PLANNING ITEM # 22651
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of W. LEVI OLD, JR., M.D.,
for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF W. LEVI OLD, JR., M.D. FOR
A CHANGE OF ZONING FROM R-1 TO R-2 Z01084894 (#4967)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. Levi Old, Jr., M.D., for
a Change of Zoning Distritt Classification from R-1 Resi-
dential District to R-2 Residential District on certain
property located 150 feet more or less north of Will-O-Wisp
Drive beginning at a point 2700 feet more or less east of
First Colonial Road, running a distance of 200 feet along
the southern property line, running a distance of 220 feet
in a northwesterly direction, running a distance of 90 feet
in a northeasterly direction, running a distance of 1210
feet in a northwesterly direction, running a distance of
55 feet in a northeasterly direction, running a distance
of 297.44 feet along the northern property line, running
a distance of 1280 feet along the western property line,
running a distance of 185 feet in a southeasterly direction
and running a distance of 264 feet in a southerly direction.
Said parcel contains 10.1 acres. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundred and Eighty-four.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
October 15, 1984
- 25 -
Item II-H.9c
PLANNING ITEM # 22652
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of W. LEVI OLD, JR., M.D.
for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF W. LEVI OLD, JR., M.D. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 TO
R-3 Z01084895 (#4968)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. Levi Old, Jr., M.D. for a
Change of Zoning District Clas8ificAtion from R-1 Residential
District to R-3 Residential District on certain property lo-
cated 140 feet north of Will-O-Wisp Drive beginning at a
point 2600 feet more or less east of First Colonial Road,
running a distance of 150 feet along the southern property
line, running a distance of 76 feet in a northerly direction,
running a distance of 373 feet in a northwesterly direction
and running a distance of 410 feet along the western property
line. Said parcel contains 1.1 acres. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundted and Eighty-four.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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;
None
October 15, 1984
- 26 -
Item II-H.9d
PLANNING ITEM # 22653
A motion made by Councilman Jennings to ADOPT an Ordinance upon application of
W. LEVI OLD, JR., M.D. for a Change of Zoning District Classification from
R-3 Residential District to R-4 Residential District (AS MODIFIED). There was
no second to the motion.
A motion was made by Councilman McCoy, seconded by Councilwoman Creech to
ADOPT an Ordinance upon application of W. LEVI OLD, JR., M.D. for a Change
of Zoning District Classification from R-3 to 0-1 on a 40.9 acre parcel
in the Lynnhaven Borough.
A SUBSTITUTE MOTION was made by Councilman Louis Jones, seconded by Vice ilayor
McClanan, to ADOPT an Ordinance upon application of W. LEVI OLD, JR., M.D. for
a Change of Zoning from R-3 to 0-1 for 12.1 acres of the property with the
balance 28.8 acres remaining R-3.
Voting: 5-6 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
The MAIN MOTION by Councilman McCoy, seconded by Councilwoman Creech to ADOPT
an Ordinance upon application of W. LEVI OLD, JR., M.D. for a Change of Zoning
District Classification from R-3 to 0-1 was voted upon;
Voting: 5-6 (MAIN MOTION LOST)
Council Members Voting Aye
John A. Baum, Nancy A. Creech, Robert E. Fentress*, Mayor Harold
Heischober, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, E. Jack Jennings, Jr., Robert G. Jones,
Louis R. Jones, Reba S. McClanan, and Meyera E. Oberndorf
*Verbal Aye
October 15, 1984
- 27 -
Item II-H.9d
PLANNING ITEM # 22653 (Continued)
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council
voted to RECONSIDER an Ordinance upon application of W. LEVI OLD, JR., for a
Change of Zoning District Classification from R-3 Residential District to
0-1 office District on the subject 40.9 acres.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentresst
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*
*Verbal Vote
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Cuncil ADOPTED an Ordinance upon application of W. LEVI OLD, JR., M.D.
for a Change of Zoning District Classification per the following:
ORDINANCE UPON APPLICATION OF W. LEVI OLD, JR., M.D.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-3 TO R-4 (AS MODIFIED) Z01084896 (#4969)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. Levi Old, Jr., M.D.
for a Change of Zoning District Classification from
R-3 Residential District to R-4 Residential District (AS
MODIFIED) on certain property located 140 feet north of
Will-O-Wisp Drive beginning at a point 980 feet east of
First Colonial Road, running a distance of 1572.10
feet along the Southern property line, running a
distance of 613 feet in a northwesterly direction,
running a distance of 682 feet in a northerly direction,
running a distance of 440 feet in a northeasterly
direction, running a distance of 800.80 feet along
the northern property line, running a distance of 899
feet in a southeasterly direction, running a distance
of 544.26 feet in a southwesterly direction and running
a distance of 839.31 feet in a southeasterly direction.
Said parcel contains 40.9 acres. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of Oct6ber, Nineteen Hundred and Eighty-four.
o,tober 15, 1984
- 28 -
Item II-H.9d
PLANNING ITEM # 22653 (Continued)
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
October 15, 1984
- 30 -
Item II-H.9f
PLMING ITEM # 22655
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon applicaton of W. LEVI OLD, JR., M.D.
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF W. LEVI OLD, JR., M.D.
FOR A CONDITIONAL USE PERMIT FOR A 270-UNIT RETIREMENT
CENTER R01084678 (04971)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. Levi Old, Jr., M.D. for a
Conditional Use Permit for a 270-unit retirement center and
related support and recreational facilities on certain
property locatd 150 feet north of Will-O-Wisp Drive beginning
at a point 1470 feet more or less east of First Colonial
Road, running a distance of 1072 feet along the southern
property line, running a distance of 268 feet in a northerly
direction, running a distance of 345 feet in a northwesterly
direction, running a distance of 682 feet in a northerly di-
rection, running a distance of 440 feet in a n,rthea,terly
direction, running a distance of 880.86 feet along the
northern property line, running a distance of 360 feet in
a southerly direction, running around a curve a distance
of 650 feet more or less and running a distance of 830 feet
in a southerly direction. Said parcel contains 26 acres.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A 50-foot landscaped buffer adjacent to residentially-
zoned land, and a 200-foot building setback for
buildings over one-story in height adjacent to existing
residents fronting on Will-O-Wisp Drive.
2. Installation of an automatic fire alarm and sprinkler
system meeting the approval of the City's Fire Protecti..
Engineer.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundred and Eilhty-four.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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: October 15, 1984
None
- 31 -
Item II-H.9g
PLANNING ITEM # 22656
Uon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of W. LEVI OLD, JR., M.D.
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF W. LEVI OLD, JR., M.D. FOR
A CONDITIONAL USE PERMIT FOR A HOSPITAL EXPANSION
R01084679 (#4972)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. Levi Old, Jr., M.D. for a
Conditional Use Pormit for a hospital expansion including
administrative support, data processiong, out-patient
services and related medical services and wellness center
on certain property located 140 feet more or less north of
Will-O-Wisp Drive beginning at a point 960 feet more or
less east of First Colonial Road, running a distance of
544 feet along the southern property line, running a dis-
tance of 839 feet along the eastern property line, running
a distance of 544 feet along the northern property line and
running a distance of 839 feet along the western property
line. Said parcel contains 10 acres. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. A 50-foot landscaped buffer adjacent to residentially zoned
land, and a 200-foot building setback for buildings over 1-
story in height adjacent to existing residences fronting on
Will-O-Wisp Drive.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of October, Nineteen Hundred and Eighty-four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None October 15, 1984
Council Members Absent:
- 32 -
Item II-H.9h
PLANNING IEM # 22657
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council APPROVED Certain Deed Restrictions to be incorporated in the
general application of the Planned Development of the ordinances for
Changes of Zoning and Conditional Use Permits of GRAYSON WHITEHURST, JR.,
AND W. LEVI OLD, JR. They are as follows:
1. A connecting roadway of appropriate width
established by the site plan review and City
Traffic Engineer between Caton Drive and the
proposed Medical Loop be constructed in an
east-west direction as a part of this plan.
2. A cul-de-sac to be constructed at the north
end of Caton Drive to become a part of this
plan.
3. Appropriate controls be incorporated in the
deed restrictions to insure what is presented
in the way of housing for the elderly, both on a
rental basis and on a "for sale" basis, will
occur in the future as part of this plan.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
October 15, 1984
- 33 -
Item II-I.la-e.
RESOLUTIONS ITEM # 22658
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT
REVENUE BONDS to the following:
CROWN PROPERTIES PARTNERSHP FACILITY ($ 1,000,000)
ROSE HALL ASSOCIATES ($ 600,000)
RED ROOF INNS, INC. ($ 2,265,000)
ECPI OF TIDEWATER VIRGINIA, INC. ($ 5,850,000)
1984 ASSOCIATES (KEMPSVILLE SQUARE FACILITY,
ROSEMONT ROAD FACILITY, AND CLEVELAND STREET
FACILITY) ($ 3,120,000)
(Letter from the City Attorney, dated October 11, 1984, concerning the
above referenced Industrial Development Revenue Bonds is hereby made a
part of the record.)
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Voting Nay;
H. Jack Jennings, Jr., and Robert G. Jones
Council Members Absent:
Nancy A. Creech, and J. Henry McCoy, Jr., D.D.S.
October 15, 1984
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: CROWN PROPERTIES PARTNERSHIP FACILITY
2. LOCATION: North of, and adjacent to, Moulinex Regal,
Inc., which is located at 2820 Crusader
Circle in Virginia Beach, Virginia (Oceana
West Industrial Park)
3. DESCRIPTION OF PROJECT: Office and warehouse building
containing approximately 36,869
sq. ft. of space. One-half of
the space will be leased by
CROWN PROPERTIES PARTNERSHIP to
Nava USA Corp. in its business
of importing, warehousing,
manufacturing and distributing
sports and sports related
equipment and one-half of the
space will be leased to third
party tenants until needed by
owner.
4. AMOUNT OF BOND ISSUE: $1,000,000
S. PRINCIPALS: Leisure Time Financial, S.A.
Hans Peter Hoffman
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: I-1
b. Is rezoniiig proposed? No
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: JUNE 11, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: CROWN PROPERTIES PARTNERSHIP FACILITY
TYPE OF FACILITY: OFFICE AND WAREHOUSE FACILITY
1. Maxiiiitiiii aiiioltiit of fiiiaiic:illlj souglit $1,000,000
2. Estiiiiated taxable value of tlie
facility's real property to be
colistrticted iii tlie inuiiicipality $ 700,000
3. Estiiiiated real property tax per
year iisiiig preseilt tax rates $ 7,600
4. Estimated personal property tax
per year using present ',,Rx rates $ 2,250
5. Estiniated mercliaiits' capital
(business license) tax per
year using present tax rates $ 1,700
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 40,000
7. Estimated number of regular
employees on year round basis 30
8. Average aiinual salary per employee $ 20,000
The inforination contaiiied in this Statemeiit is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
City of Virgiiiia Beacli
Development Authority
By wtv
Cha.rm
OCEANA
N
PRINC
vi
PROJECT NAME: Crown Properties Partnership
PROJECT ADDRESS: Crusader Circle (North of, and adjacent to,
Moulinex Regal, Inc.) Oceana West Ind,,trial
Park, Virginia Beach, Virginia
TYPE OF PROJECT: Office and WarehoUse Facility
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS EOR
CROWN PROPERTIES PARTNERSHIP,
A DISTRICT OF COLUMBIA GENERAL PARTNERSMIP
WHEREAS, the City of Virginia Beach Development Authority
(the Autliority), lias considered tlie applicatioli of Crown
Properties Partiiership, a District of Columbia general
partnership (the Company) whose address is 11521 Twiniilg Lane,
Potomac, Marylaild, 20854, for the issuance of the Authority's
industrial development revenue bonds in an amount not to
exceed $1,000,000 (the Bonds) to assist in financing of the
Company's acquisition of approximately 4.91 acres of land
located on Crusader Circle in Oceana West Industrial Park in
Virginia Beach, Virginia, north of, and adjacent to, Moulinex
Regal, Inc. (which is located at 2820 Crusader Circle) and the
construction thereon, and equipping of, an office and
warehouse building containing approximately 36,869 sq. ft. of
space (the Project) one-half of which will be leased by the
Company to Nava USA Corp., a Virginia corporation (Nava), in
connection with its business of importing, warehousing,
manufacturing, and distributing sports and sports related
equipment, and the remaining one-half of which will be leased
to third party tenants until needed by the Company for Nava's
expansion and to be owned by the Company and has held a public
hearing thereon on July 10, 1984; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bonds to comply with (i) Section
103(k) of the Internal Revenue Code of 1954, as amended (the
Internal Revenue Code) and (ii) Section 15.1-1378.1 of the
Code of Virginia of 1950, as amended (the Virginia Code); and
-2-
WHEREAS, a copy of the Autlaority's resolution approving
the issuance of tlie Bonds, subject to terms to be agreed upon,
a reasonably detailed summary of the comments expressed at the
ptiblic hearing, if any, aiid the fiscal impact statement
required by Section 15.1-1378.1 of the Virginia Code have been
filed with the Council of the City;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the foregoing
recitals whicIA are incorporated in, and deemed a part of, this
Resolution as if fully set forth herein.
2. The Council of the City approves the issuance
of the Bonds by the Authority, for the benefit of the Company,
to the extent of and as required by Section 103(k) of the
Internal Revenue Code and Section 15.1-1378.1 of the Virginia
Code, to permit the Authority to assist in the financing of
the Facility.
3. The approval of the issuance of the Bonds, as
required by Section 103(k) of the Internal Revenue Code and
Section 15.1-1378.1 of the Virginia Code, does not constitute
an endorsement of the Bonds or the creditworthiness of the
Company; but, pursuant to Chapter 643 of the 1964 Acts of the
General Assembly of Virginia, as amended, the Bonds shall
provide that neither the City nor the Authority shall be
obligated to pay the Bonds or the iiiterest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the
taxing power of the Commonwealth, the City or the Authority
shall be pledged thereto.
-3 -
4. In approving this Resolution, the City of
Virginia Beach, iiicluding its elected representatives,
officers, employees, and ageiats, shall not be liable, and
hereby disclaims all liability for, any damages to any person,
direct or conseqliei-itial, resultilig from (1) the Authority's
failure to issue bonds for the Facility for any reason,
including but not limited to any decision by the Authority in
its sole discretion to allocate its allowable industrial
development bond volume to one or more otlier projects if the
issuance of tax-exempt bonds by the Authority is restricted by
any State or Federal statute now or hereafter enacted; or (2)
the Authority's failure for any reason after the issuance of
boiids for the Facility to allocate a portion of its allowable
industrial development bond volume to the Facility if the
issuance of tax-exempt bonds by the Authority is restricted by
any State or Federal statute now or hereafter enacted.
5. This Resolution shall take effect immediately
upon its adoption.
Adopted by a majority of a quorum of the Council Of the
City of Virginia Beach, Virginia, on
1984.
'3(JMMAIiY Sli "I@'T
L
01@' VlliL;INIA 131@'ACII ULVL'LOIPMLNT AUTkIO11ITY
.INDUSTRIAL DEVUE,OPMENT REVENUE BOND
1- L'14OJI@'C'I' NAML: Rosc Hall Associates
2. LOCATION: Southwest corner of Brickhouse Court and
Kings Grant IZoati, Virgiiiizi Bo,,icli, Virgiiiii
3. DESCRIP'.VION OF PROJECT: Professional Office Building
containing approximately 12,490 sq. ft.
4. AMOUNQ- Up- UONU 168ul@: $600,000.00
5. lliiINCli@ALS: Rose Hall Associates, a Virginia general
partnershi.p coiiiprise(I of 1). V. Wilite, Jr.
and Winifred L. White
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-2
b. Is rezoninq proposed? Yes NO X
c- If 80i tO what zoning
classific4tion? Not Applicable
FISCAL 'MPACT STATEMENT
PL@OPOSED INDUSRRIAL REVENUE UUND FINANCING
DATE: July 10, 1984
TO: The City Council of Virginia Beach
PROJECT NAME: Rose Hall Associates, A Virginia General Partnership
TYPE OF FACILITY: Acquisition, construction and equipping of office
building facility.
1. maximum amount of financing sought $600,000.00
2. Estimated taxable value of the facili.ty's
real property to be constructed in the
municipality 750,000.00
3. Estimated real property tax per year using
present tax rates 6,000.00
4. Estimated personal property tax per year
using present tax rates 3,000.00
5. Estimates merchants' capital tax per
year using present tax rates 24,000.00
6. Estimated dollar value per year of
oods and services that will be purchased
Yocally 2,000.00
7. Estimated number of regular employees on
year round basis
8. Average annual salary per employee 20,000.00
The information contained in this statement is based solely on
facts and estimates produced by the applicant, and the Authority has
made no independent investigation with repsect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
BV ww i,
Cha/iYman
OCEANA
L
PROJECT NAME: Rose Hall Associates
PROJECT AI)DRESS: Brickhouse Court and Kings
Grant Road
TYPL OF PROJECT: Office
oriqirial aiid five copies
RESOLUTION OF THE CITY COUNCIL
OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the City of Virginia Beach Development Authority (the
Authority) has considered the application and plan of financing of
Rose Hall Associates, a Virginia general partnership (the Company) for
the issuance of the Authority's Industrial Development Revenue Bonds
in an amount now estimated at Six Hundred Thousand Dollars
($600,000.00) (the Bonds) to assist the company in the financing of
the Company's acquisition of approximately 1.460 acres of land,
located on the southwest corner of Brickhouse Court and Kings Grant
Road, in the City of Virginia Beach, Virginia, and the construction
and equipping thereon of a Twelve Thousand Four Hundred (12,400)
square foot medical/professional office building facility (the
Facility) and has held a public hearing thereon on July 10, 1984; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the Cit'y), to approve the plan
of financing and the issuance of the bonds to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended (the "Code")
and Section 15.1-1378-1 of the Code of Virginia, as amended, (the
"Act"); and
WHEREAS, pursuant to Section 15.1-1378.1 of the Code of Virginia,
of 1950, as amended, a copy of the Authority's Resolution approving
the plan of financing and the issuance of the bonds, subject to terms
to be agreed upon, and a reasonably detailed summary of the comments
expressed at the public hearing, if any, and a Fiscal Impact Statement
have been filed with the Clerk of the Council of the City of Virginia
Beach, Virginia;
THEREFORE, be it resolved by the City Council of the City of
Virginia Beach, Virginia:
1. The Council of the City of Virginia Beach, Virginia,
approves the plan of financing and the issuance of the Bonds by the
City of Virginia Beach Development Authority for the benefit of Rose
Hall Associates, a Virginia general partnership, to the extent of, and
as required by Section 103(k) of the Code and Section 15.1-1378.1, to
permit the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k) of the Code and Section 15.1-1378.1 of the Act does not
constitute an endorsement of the Bonds or the credit worthiness of the
Company; but, as required by Section 15.1-1380.1 of the Act, the bonds
shall provide that neither the City nor the Authority shall be
obligated to pay the bonds or the interest thereon, or other costs
incident thereto, except from the revenues and monies pledged
therefor, and neither the faith or credit nor taxing power of the
Commonwealth, the City, or the Authority shall be pledged thereto.
3. In approving this Resolution, the City of Virginia Beach,
Virginia, including its elected representatives, officers, employees,
and agents, shall not be liable and hereby disclaims all liability for
any damages to any person, direct or consequential, resulting from (1)
If
the Authority's failure to issue Bonds for the Project for any reason,
including but not limited to any decision by the Authority in its sole
discretion to allocate its allowable Industrial Development Bond
volume to one or more other projects if the issuance of tax-exempt
Bonds by the Authority is restricted by any State or Federal statute
now or hereinafter enacted; or (2) the Authority's failure for any
reason after the issuance of Bond for the Project to allocate a
portion of its allowable Industrial Development Bond volume to the
Project if the issuance of tax-exempt Bonds by the Authority is
restricted by any State or Federal statute now or hereinafter enacted.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by a majority a a quorum of the Council of the City of
Virginia Beach, Virginia, on October 15, , 198 4.
ADOPTED: October 15 1984
EFFECTIVE: 1984
CERTIFICATE
The undersigned Clerk of the Council of the City of Virginia
Beach hereby certifies that the foregoing is a true, correct and
complete copy of a resolution adopted by the City Council of Virginia
Beach present and voting at a public meeting held on , 1984,
in accordance with law, and that suc resolution has not been repealed,
revoked, rescinded or amended, but is in full force and effect as of
the date hereof.
WITNESS my hand and the seal of the Authority, this day
of 1984.
City Clerk
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Red Roof Inns, Inc.
2. LOCATION: 196 Ballard Court
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 109-unit motel
4. AMOUNT OF BOND ISSUE: $2,265,000 (Refunding bonds
to refund prior issue of
$2,265,000)
5. PRINCIPALS: James R. Trueman, President
William J. Denk, Vice
President
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property I-1 Light Industrial
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPO.'3ED -TNDtJqTRIAL REVENUE 13OND FINANCING
DATE: October 9, 1984
TO: CTTY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PRO,T]ICT NAME: Red Roof Inns, Inc.
TYPE OF E'ACILITY: Motel (Refunding Bonds for prior issue used to
finance a motel)
1. Maximum amount of financing sought $-2,265,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $-2,300,000
3. Estijnated real property tax per vear
using present tax rates $- 27,000
4. J'stiiiiated pc-r@-onal proporty tax por
year using present tax rates $- 7,500
5. Pstimated mercliants' capital (business
license) tax per year using present tax
rates $- N/A
6. Estimated dollar value per year of goods
and services that will be purchased
locally $- 120,000
7. Estimated number of regular einployees on 16 full-time
year round basis 12-16 part time
B. Average annual salary per emplovee $ 6,316*
*Iricluding part-time
employees
The iiiformation contained in this Statement is based solely
on faci--s and estimates provided by the Applicant, and the
Autliority has made no independent investigation wi-th respect
thereto.
City of Virginia Beach
Development Authority
By
ChAl,rman
ONM
NEYF
NOYI
R
INI
Behis Sports
Marine
N
V*. o
D
ri
ItLRACE
E GE oil
Project NaMe: Red Roof inns, Inc.
Project Address: 196 Ballard Court
Vir inia B
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE REFUNDING BONDS FOR RED ROOF INNS, INC.
WHEREAS, the City of Virginia Beach Development Authority
(the Authority) has considered the request of Red Roof Inns,
Inc., an Ohio corporation (the Company) for the issuance of the
Authority's industrial development revenue refunding bonds in an
amount not to exceed $2,265,000 (the Bonds) to refund the
Authority's $2,265,000 industrial development revenue bond issued
on December 30, 1982, to assist in the financing of the Company's
acquisition, construction, and equipping of a 109-unit motel (the
Facilit_y) located at 196 Ballard Court in the City of Virginia
Beach, Virginia, and has held a public hearing thereon on October
9, 1984; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), -to approve the
issuance of the bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, 1950,
as amended, a copy of the Authority's resolution authorizing the
issuance of the Bonds, a Fiscal Impact Statement, and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
WHEREAS, the Bonds, when issued by the Authority, will not
count against and are not required to be included in the City's
private activity bond ceiling imposed by the Deficit Reduction
Act of 1984;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Red Roof Inns, Inc., to
the extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
of the Facility.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company; but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. In approving the Resolution, the City of Virginia Beach,
including its elected representatives, officers, employees, and
agents, shall not be liable and hereby disclaims all liability
for any damages to any person, direct or consequential, resulting
from (1) the Authority's failure to issue bonds for the Project
for any reason, including but not limited to any decision by the
Authority in its sole discretion to allocate its allowable
industrial development bond volume to one or more other projects
if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or hereafter
enacted; or (2) the Authority's failure for any reason after the
issuance of bonds for the Project to allocate a portion of its
allowable industrial development bond volume to the Project if
the issuance of tax-exempt bonds by the Authority is restricted
by any State or Federal statute now or hereafter enacted.
4. This Resolution shall take effect immediately upon its
adoption.
Adopted by a majority of a quorum of the Council of the City
of Virginia Beach, Virginia, on October 15, 1984.
-2-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: ECPI
2. LOCATION: 5600 Southern Boulevard
-Virqini.a Beach, Virginil
Businoss and technical training
3. DESCRIPTION OF PROJECT: complex, including training
.@cl Itlo 01- coiilputer@c,-Lateci
and liigh tcclinology industries,ai7
r(-, aL,-,c OfL-Lco, support, saies
and service facilities
4. AMOUNT OF BOND ISSUE: $5,850,000
5. PRINCIPALS: Alfred P. Dreyfus
Mi..l-cli-ocl T,. @i-oyr.Lis
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property industriai
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
Oii Juiie 27, 1983, City Couiicil approved tho issuaiice of
the bonds to ECPI of Tidewater Va., Inc. iii the aniount of $5,850,000.
Tlae purpose of this Resolution is to confirm and ratify
Llic Juiie 27, 1983, CiLy Coulicil RcsoluLi.ol).
City Council of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
October 9, 1984
E.C.P.I. of Tidewater Virginia, Inc.
Business and High Technology Training Complex
1. maximum amount of financing sought $5,850,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $ 3,000,000
3. Estimated real property tax per year
using present tax rates $ 24,000
4. Estimated personal property tax per
year using present tax rates $ 48,000
5. Estimated merchants' capital tax
(business license tax) per year using
present tax rates $ 18,500
6. Estimated dollar value per year of
goods and services that will be
purchased locally $ 500,000
7. Estimated number of regular employees
on year round basis $ 100
8 . Average annual salary per employee $ 20,000
The information contained in this statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
B
Chairman
PROJECT NAME: ECPI
PROJECT ADDRESS: 5600 Southern Boulevard
Virginia Beach, Virginia
TYPE OF PROJECT: Business and technical training
complex
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the C,@ncil Chambers, in the Adminis-
tration Building, an the _ day of October 1984.
on motion by Councilman Baum,
and seconded by Councilman Fentress the
following Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR ECPI OF TIDEWATER
VA., INC.
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of ECPI of
Tidewater Va., Inc. (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $5,850,000 (the Bonds) to assist in the financ-
ing of the Company's acquisition, construction and equipping
of a business and technical training complex, including
training facilities for computer related and high technology
industries, and related office, support, sales and services
facilities (the Facility) to be located at 5600 Southern
Boulevard in Virginia Beach, Virginia, and has held a public
hearing thereon on October 9, 1984; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bonds to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, and a record of the public hearing have been filed with
the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The Council of the City of Virginias Beach, Virgin-
ia, approves the issuance of the Bonds by the City of Virgin-
ia Beach Development Authority for the benefit of ECPI of
Tidewater Va., Inc., to the extent of and as required by
Section 103(k) of the Internal Revenue Code, to permit the
Authority to assist in the financing of the Facility.
3. The approval of the issuance of the Bonds, as
required by Section 103(k), does not constitute an endorse-
ment of the Bonds or the creditworthiness of the Company,
but, pursuant to Chapter 643, Virginia Acts of Assembly of
1964, as amended, the Bonds shall provide that neither the
City nor the Authority shall be obl-igated to pay the Bonds or
the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither
the faith or credit nor the taxing power of the Commonwealth,
the City, or the Authority shall be pledged thereto.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on October 15, 1984.
2
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Kempsville Square Facility
2. LOCATION: 73-117 South Witchduck Road,
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: acquisition and renovation of
Kempsville Square Center and
construction of two
office/warehousing buildings
containing, in the aggregate,
approximately 30,000 sq. ft.
of space
4. AMOUNT OF BOND ISSUE: Maximum amount of bond issue
is $3,120,000
5. PRINCIPALS: 1984 Associates, Richard C. Dickerson,
Marguerite Dickerson, Jahn W. Summs,
Leslie T. Summs, M. Richard Epps, Lynn
A. Epps, John B. Griswold, III, Dorothy
R. Griswold, Douglas G. Dickerson,
Marianne M. Dickerson, Doyle G.
Robinson, Esther M. Robinson, George W.
R. Glass, and Patricia P. Glass
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: B-2 and I-I
b. Is rezoning proposed? No
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
November 14, 1983
1984 ASSOCIATES,
a Virginia gelieral partnership
Kempsville Square Facility
1. Maximum amount of financing soligilt $3,120,000
2. Estimated taxable valtle of the
facility's real property to be
constructed in the municipality $1,250,000
3. Estimated real property tax per
year using present tax rates $ 24,7-20
4. Estimated personal property tax
per year using present tax rates $ 3,000
S. Estimated merchantt' capital tax
per year using present tax rates 23,375
6 Estimated dollar value per year
of goods and services that will
be purchased locally 84,024
7.,- Estimated number of regular
employees on year round basis 156
8. Average annual salary per employee $ 8,400
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
Authority Chairman
Project Nam: Kenipsville Square Facility
-Project Address: 73-117 South 14itchduck Road,
Virginia Beadi, Virginia
Type of Facility: retail shopping center and
office/warehouse buildings
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Rosemont Road Facility
2. LOCATION: 245 feet south of the intersection of
Rosemont Road and Malibu Palms Drive in
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: retail/wholesale shopping
center containing
approximately 60,000 sq. ft.
of space
4. AMOUNT OF BOND ISSUE: Maximum amount of bond issue
is $2,985,000
5. PRINCIPALS: 1984 Associates, Richard C. Dickerson,
Marguerite Dickerson, Jahn W. Summs,
Leslie T. Summs, M. Richard Epps, Lynn
A. Epps, John B. Griswold, III, Dorothy
R. Griswold, Douglas G. Dickerson,
Marianne M. Dickerson, Doyle G.
Robinson, Esther M. Robinson, George W.
R. Glass, and Patricia P. Glass
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: B-2
b. Is rezoning proposed? No
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
November 14, 1983
1984 ASSOCIATES,
a Virginia general partnership
Rosemont Road Facility
1. Maximum amount of financing sought $2,985,000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $2,500,000
3. Estimated real property tax per
year using present tax rates $ 23,640
4. Estimated personal property tax
per year using present tax rates $ 3,000
5. Estimated merchants' capital tax
per year using present tax rates $ 18,000
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 64,702
7. Estimated number of regular
employees on year round basis 120
8. Average annual salary per employee $ 8,400
CITY OF VIRGINIA BEACH.
DEVELOPMENT AUTHORITY
Authority Chairman
PIDJE)CT NAME: RDSFMNT ROAD FACILITY
PROJECT ADDRESS: East side of Roserront Poad, 245 feet south of
intersection of Rosermnt Rc)ad and Ntlibu PaLns
Drive, Virginia Beach, Virginia
TYPE OF PpojE)cT: Shopping Center
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Cleveland Street Facility
2. LOCATION: 175 feet west of the intersection of
Expressway Court and Cleveland Street in
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: two mixed use
(office/wholesale/retail)
commercial facilities
containing, in the aggregate,
approximately 19,728 sq. ft.
of space
4. AMOUNT OF BOND ISSUE: Maximum amount of bond issue
is $1,025,000
5. PRINCIPALS: 1984 Associates, Richard C. Dickerson,
Marguerite Dickerson, Jahn W. Summs,
Leslie T. Summs, M. Richard Epps, Lynn
A. Epps, John B. Griswold, III, Dorothy
R. Griswold, Douglas G. Dickerson,
Marianne M. Dickerson, Doyle G.
Robinson, Esther M. Robinson, George W.
R. Glass, and Patricia P. Glass
6. ZONING CLASSIFICATION:
a. Present zoninq
classification
of the Property: i-1
b. Is rezoning proposed? No
C. If so, to what zoning
classification? N/A
FISCAL IMPACT STATEMENT
November 14, 1983
1984 ASSOCIATES,
a Virginia general partnership
Cleveland Street Facility
MaxiMUM amount of financing sought $1,025,000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ 800,000
3. Estimated real property tax per
year using present tax rates $ 14,600
4. Estimated personal property tax
per year using present tax rates $ 7,500
5. Estimated merchants' capital tax
per year using present tax rates $ 2,000
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 21,274
7. Estimated number of regular
employees on year round basis 39
B. Average annual salary per employee $ 8,400
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
irman
4,
Project Name: Cleveland Street Facility
Project Address: 175 feet west of the intersection of Expressway Court and
Cleveland Street in Virginia Beach, Vir@inia
@e of Facility: two office/warehouse/retail facilities
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the 15th day of October, 1984.
On motion by Councilman Baum and
seconded by Councilman Fentress the
tollowing Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR 1984 ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of 1984
Associates, a Virginia general partnership (the Company)
whose address is Suite 300, Rolm Centre, 4701 Columbus
Street, Virginia Beach, Virginia, 23462, for the issuance of
the Authority's industrial development revenue bonds (collec-
tively, the Bonds) in the amounts and for the facilities
(collectively, the Facilities) described below which are to
be owned by the Company:
1. Kempsville Square Facility - $3,120,000
maximum amount of bonds - consisting of (i) the acquisition
and renovation of Kempsville Square Center, located at 73-117
South Witchduck Road, Virginia Beach, Virginia, a retail and
wholesale distribution and warehouse facility comprised of
three buildings containing, in the aggregate, approximately
47,918 sq. ft. of space, and (ii) the acquisition of approxi-
mately 1.4 acres of land located immediately west of and
adjacent to Kempsville Square Center and the construction
thereon, and equipping of, two office/warehouse buildings
containing, in the aggregate, approximately 30,000 sq. ft. of
space.
2. Cleveland Street Facility - $1,025,000 maximum
amount of bonds - consisting of the acquisition of approxi-
mately 1.673 acres of land located on the southern side of
Cleveland Street in Virginia Beach, Virginia, approximately
175 feet west of the intersection of Expressway Court and
Cleveland Street, and the construction thereon, and equippinq
of, two mixed-use (office/warehouse/retail) commercial
facilities containing, in the aggregate, approximately 19,728
sq. ft. of space.
3. Rosemont Road Facility - $2,985,000 maximum
amount of bonds - consisting of the acquisition of approxi-
mately 3 acres of land located on the east side of Rosemont
Road in Virginia Beach, Virginia, approximately 245 feet
south of the intersection of Rosemont Road and Malibu Palms
Drive, and the construction thereon, and equipping of, a
retail/wholesale shopping center containing, in the aggre-
gate, approximately 60,000 sq. ft. of space.
WHEREAS, the Authority held a public hearing on
December 13, 1983, on the acquisition, construction, renova-
tion, and equipping of the Facilities and the issuance of the
Bonds therefor; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bonds to comply with (i) Section
103(k) of the Internal Revenue Code of 1954, as amended (the
Internal Revenue Code) and (ii) Section 15.1-1378.1 of the
Code of Virginia of 1950, as amended (the Virginia Code); and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing, if any, and the fiscal impact state-
ment required by Section 15.1-1378.2 of the Virginia Code
have been filed with the Council of the City; and
2
WHEREAS, on December 19, 1983, the Council of the City
adopted a resolution (the Resolution) approving the
Facilities and the issuance of the Bonds therefor, but did
not include the maximum amount of bonds to be issued for each
facility;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the foregoing
recitals which are incorporated in, and deemed a part of,
this Resolution as if fully set forth herein.
2. The Council of the City ratifies and confirms
the Resolution and approves the issuance of the Bonds by the
Authority, for the benefit of the Company, to the extent of
and as required by Section 103(k) of the Internal Revenue
Code and Section 15.1-1378.1 of the Virginia Code, to permit
the Authority to assist in the financing of the Facility.
3. The approval of the issuance of the Bonds, as
required by Section 103(k) of the Internal Revenue Code and
Section 15.1-1378.1 of the Virginia Code, does not constitute
an endorsement of the Bonds or the creditworthiness of the
Company; but, pursuant to Chapter 643 of the 1964 Acts of the
General Assembly of Virginia, as amended, the Bonds shall
provide that neither the City nor the Authority shall be
obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor,-and neither the faith or credit nor the
taxing power of the Commonwealth, the City or the Authority
shall be pledged thereto.
3
4. This Resolution shall take effect immediately
upon its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on October 15, 1984.
4
- 34 -
Item II-I.2a.b.
RESOLUTIONS ITEM # 22659
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council ADOPTED the following RESOLUTIONS:
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE HAMPTON REDEVELOPMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF $17,000,000 TO MAYFLOWER
SEASIDE TOWER ASSOCIATES.
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE HAMPTON REDEVELOPMENT AND HOUSING
ATJTHORITY IN THE AMOUNT OF $5,500,000 TO WINDSOR
HOLLAND PROPERTIES.
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.
October 15, 1984
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY
1. PROJECT NAME: Mayflower Seaside Tower Associates
2. LOCATION: 34th Street and Atlantic Avenue
Virginia Beach, Virginia
renovation of 15-story brick and
3. DESCRIPTION OF PROJECT: masonry building containing 268
=esiden ia apartment uni s an
4,700 square feet of first-floor
retaii commerciai space (cong ruc e@
in 1950)
4. AMOUNT OF BOND ISSUE: $17,000,000
5. PRINCIPALS: T.it-t-l,-t- I
on C-
Hudgins
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-5
b. Is rezoning proposed? Yes No XX
C. If so, to what zoning
classification? N/A
The purpose of this Resolution is'to approve Hampton Redevelop-
ment and Housing Authority's issuance of its special revenue
bonds for the benefit of Mayflower Seaside Tower Associates.
A fiscal impact statement is attached to and submitted with
this Resolution.
FISCAL, IMPACT STATEMENT
FOL@ PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DA'FE:: AugusL 29 , 1984
1,0: TIIE CI'PY COUNCIL OF VIRGINIA BEACH, VIRGINIA
lll?O,J]@:C'I' NAMI-:: M@tyl I,,w,@f L'170jo(:t
TYPE OF FACILITY: 268 Rental Apartment Project
1. Maxillium amount of financing souqht $ 1 7-, 0 0-0 , 0 0 0
2. Estimated taxable value oE the facility's
real property to be xx in the
municipality renov@ated $ 14,000,000__
3. Estiinated real property tax per year
using present tax rates $ 112,000
4. Estimated personal property tax per
year using present tax rates $ 5,000
5. Estiinated merchants' capital (business
license) tax per year using present tax
rates $ N
6. Estimated dollar value per year of goods
and services that will be purchased Dur@ enovation $1,400,000
locally @.Q@ 5 0 , 0 0 0
7. Estimated number of regular employees on During renovation - 75
year round basis ugon gom
@etion - 15
8. Average annual salary per employee $ 1 0 , 0 0 0
The information contained in this Stateiiient is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation wieh repect
thereto.
City of Virginia Beach
Development Authority
B
Y@ @L'
C
Map
Ion
AYI'lk)WIIQ
@V i t.,;ii I i;-t
tcli
@@AME: Mayflower Seaside
PROJECT
Tower AssocLatos
PROJECT LOCATION: 34th Street and
Atlantic Avenue ...
lilt"
TYPE OF PROJECT: Reliovatioti of Bldg.
Coiitaining 268 Apart-',
ment Units
72
RESOLUTION APPROVING THE ISSUANCE
OF SPECIAL REVENUE BONDS
(MAYFLOWER SEASIDE TOWER ASSOCIATES PROJECT)
WHEREAS, the City of Virqinia Beach Development Authority
(the "Development Authority") has considered the application of
Mayflower Seaside Tower Associates, a Virqinia limited partnership
or any other partnership or corporation of which Littleton C.
Hudgins is a partner or shareholder (the "Company") to the Hampton
Redevelopment and Housing Authority (the "Housing Authority")
for the issuance of the Housing Authority's special revenue
bonds in an amount not to exceed $17,000,000 (the "Bonds") pur-
suant to SS 103(b)(4)(A) of the Internal Revenue Code of 1954,
as amended, to assist in financing the acquisition, renovation,
and equipping by the Company of a 268-unit rental apartment
project located at 34th Street and Atlantic Avenue in the City
of Virginia Beach, Virginia (the "Project") and has held a public
hearing thereon on October 9, 1984; and
WHEREAS, the Development Authority has requested the City
Council (the "Council") of Virginia Beach, Virginia (the "City")
to approve the acquisition and renovation of the additional
housing and issuance of the Bonds by he Housing Authority to
comply with Section 103(k) of the Internal Revenue Code of 1954,
as amended, the proposed final Treasury regulations issued there-
under; and
WHEREAS, a copy of the Housing Authority's resolution ap-
proving the issuance of the Bonds, and a copy of the Development
Authority's resolution recommending approval of the Bonds by
the Council, subject to terms to be agreed upon, and a record
of the public hearings held thereon has been filed with the
Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of the City of Virginia Beach,
Virginia approves the additional housing to be provided by the
Project and further approves issuance of the Bonds by the Hampton
Redevelopment and Housing Authority for the benefit of the Com-
pany, to the extent of and as required by Section 103(k) of
the Internal Revenue Code, to permit the Housing Authority to
assist in the fixiancing of the Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, and the Bonds
shall provide that neither the City, the City of Hampton, the
Development Authority, nor the Housing Authority shall be ob-
ligated to pay the Bonds or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power
of the Commonwealth of Virginia, the City, the City of Hampton,
-2-
the Development Authority, or the Housing Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach, Vir-
ginia on October 15, , 1984.
-3-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AU@HORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY
1. PROJECT NAME: Windsor Holland Properties
Western end of Windsor Oaks West,
2. LOCATION: between Mount Trashmore and Holland
Plaza Shopping Center @n Virginia
Beach, Virginia
3. DESCRIPTION OF PROJECT: construction of 152 units of resi-
dential apartments
4. AMOUNT OF BOND ISSUE: $5,500,000
5. PRINCIPALS: Barry D. Clark, Nancy L. Clark,
Howard M. Weisberg, Myron J. Cohen,
Lee D. Cohen, General Investors
Realty Associates
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-1
b. Is rezoning proposed? Yes No XX
C. If so, to what zoning
classification?
A portion along one side of the property is zoned B-2. While re-
zoning is not r'equired for the construction of this facility, the
Applicant may request that such be rezoned A-1, and a corresponding
strip along the opposite side of the property could be zoned from
A-1 to B-2 in exchange.
The purpose of this Resolution is to approve Hampton Redevelopment
and Housing Authority's issuance of its special revenue bonds
for the benefit of Windsor Holland Properties.
A fiscal impact statement is is attached to and submitted with
this Resolution.
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
1, 1984
TO: THE ci,ry COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Windsor Holland Properties Project
TYPE OF FACILITY: 152-Unit Rental Apartment Project
1. Maxiinuiri aiiiount of financing sought $@-o-o-,-U@-----
2. EstiinEited taxable ValLie of the facility's
real property to be constructed in the
municipality $@
3. Estimated real property tax per year
usitig present tax rates $-,48,000
4. Estimated personal property tax per
year using present tax rates $ -@- 429
5. Estiinated merchants' capital (business
license) tax per year using present tax
rates $ N/A
6. Estimated dollar value per year of goods $4,800,000 1) ring
and services that will be purchased Construction
locally $ 14@O QO T @ter
7. Estijaated number of regular einployees on
year round basis
8. Average annual salary per employee $ 1 1 6 o@--
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
C4ty of Virginia Beach
Development Authority
By
C@
LOCATIOI'4 PLAN
HC)L(-At,,VD PLAZA APAill'MENTS
PROJECT NAME: Windsor Holland Properties
PROJECT LOCATION: Western ,d of Wi.ds.r O@k
e
West; Between Mount Trash-
morc & Holland Plaza
Shopping Center
TYPE OF PROJECT: 152-Unit Residential
Apartments
RESOLUTION APPROVING THE ISSUANCE
OF SPECIAL REVENUE BONDS
(WINDSOR HOLLAND PROPERTIES PROJECT)
WHEREAS, the City of Virginia Beach Development Authority
(the "Development Authority") has considered the application of
Windsor Holland Properties, a Virginia general partnership (the
"Company") to the Hampton Redevelopment and Housing Authority
(the "Housing Authority") for the issuance of the Housing Au-
thority's special revenue bonds in an amount not to exceed $5,500,000
(the "Bonds") pursuant to SS 103(b)(4)(A) of the Internal Revenue
Code of 1954, as amended, to assist in financing the construction
and equipping by the Company of a 152-unit rental apartment
project located at the western end of Windsor Oaks West, between
Mount Trashmore and Holland Plaza Shopping Center in the City
of Virginia Beach, Virginia (the "Project") and has held a public
hearing thereon on October 9, 1984; and
WHEREAS, the Development Authority has requested the City
Council (the "Council") of Virginia Beach, Virginia (the "City")
to approve the construction of the additional housing and issuance
of the Bonds by the Housing Authority to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended, the
proposed final Treasury regulations issued thereunder; and
WIIEREAS, a copy of the Housing Authority's resolution ap-
proving the issuance of the Bonds, and a copy of the Development
Authority's resolution recommending approval of the Bonds by
the Council, subject to terms to be agreed upon, and a record
of the public hearings held thereon has been filed with the
Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of the City of Virginia Beach,
Virginia approves the additional housing to be provided by the
Project and further approves issuance of the Bonds by the Hampton
Redevelopment and Housing Authority for the benefit of the Com-
pany, to the extent of and as required by Section 103(k) of
the Internal Revenue Code, to permit the Housing Authority to
assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k) does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, and the Bonds
shall provide that neither the City, the City of Hampton, the
Development Authority, nor the Housing Authority shall be ob-
ligated to pay the Bonds or the interest thereon or other costs
incident thereto except from the revenues and moneys pledged
therefor, and neither the faith or credit nor the taxing power
of the Commonwealth of Virginia, the City, the City of Hampton,
the Development Authority, or the Housing Authority shall be
pledged thereto.
-2-
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach, Vir-
ginia on Ort@b@r I 5 , 1984.
-3-
- 35 -
Item II-1.2c.
RESOLUTIONS ITEM # 22660
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council ADOPTED the following RESOLUTION:
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE NEWPORT NEWS REDEVELOPMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF $1,800,000 TO LISA SQUARE
APARTMENTS.
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.
October 15, 1984
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY
1- PROJECT NAME: Lisa Square Apartments
2. LOCATION: Southern Terminus of
Lisa Square
3. DESCRIPTION OF PROJECT: Approximately 80-units multifamily
rental housing
4. AMOUNT OF BOND ISSUE: $1,800,000
5. PRINCIPALS: Jeffrey W. Ainslie
James W. Gravely
John W. Ainslie
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-4
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classification?
The purpose of this Resolution is to approv.e Newport News
Redevelopment and Housing Authority's issuance Of its Special
Revenue Bonds for the b6nefit of Lisa Square Associates.
City Couiic@il. of Vii-ginia Beacli, Vi-rgil,i-a
Muni-cipal Center
Virginia Beach, Virginia
FISCAL IPIPACT S'PATEMEN'P
FC)II PROPOSED-INT)IJSTRIAL lUIN7ENUE T.30@TF) F@'INANCING.
S(,ptc.2inl)er 5, 1984
Lisa Square Associates
Multi-family Renta-l- Ilotisinq Project
1. Maxiinum amount of fi-n@iricing souglit $1 , 8 0 00 0 0
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $1,800,000
3. Estimated real property tax per year
using present ta.,c rates $ 14,400
4. Estimated persoii@ll property t@l)( per
year using present tax rates $ 20,400
5. Estimited merchaills' capital tac
(business license tax) per year using
present tax rates $ 900
6. Estimated dollar value per year of
goods ind servi.ces that will be
purchased locally s 100,000
7. Estimated number of regular employees
on year round basis 2
S. Average aniiual salary per employe(@ $ 1.5,000
The inform@ii--!.on contained in thi,@ statement is based
solely on facts and estimates provided by Lhc Applicant, and
Lhc Authority liis made no i-idep(-@nclci)t willi
respect thereto.
CITY OF VIRGINIA BlrACII
DI@:NIELOPMli:NT AUTIIOIZT9'Y
#ah Poi.,
p- W.b
o@ Dk
v
ASAUU..
PROJECT NAME: Lisa Square lkssociates
PROJECT ADDRESS: Southern Terminus of
L@sa Square
TYPE OF PROJECT: multi-family rental housing
project
A rneeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the Is day of October, 1984.
On motion by Councilman Baum,
and seconded by the follow-
ing Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF RENTAL
HOUSING REVENUE BONDS FOR LISA SQUARE ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority) and the Newport News Redevelopment and
Housing Authority have held public hearings on October 9,
1984, and October 16, 1984, respectively, with respect to the
issuance of rental housing revenue bonds by the Newport News
Redevelopment and Housing Authority in an amount not to
exceed $1,800,000 (the Bonds) for a housing project for
persons of low or moderate income (the Facility) to be
located at the southern terminus of Lisa Square in the City
of Virginia Beach, Virginia, and to be owned by Lisa Square
Associates; and
WHEREAS, the Authority has recommended that the City
Council of the City of Virginia Beach, Virginia (the
Council), approve the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as
amended, and the Code of Virginia of 1950, as amended; and
WHEREAS, a copy of the Authority's resolution
recommending that the Council approve the issuance of the
Bonds, a reasonably detailed summary of any comments made at
the public hearings with respect to the Bonds and a Fiscal
Impact Statement in the form prescribed by Section
15.1-1378.2 of the Code of Virginia of 1950, as amended, have
been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The City Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bonds by the Newport
News Redevelopment and Housing Authority for the benefit of
Lisa Square Associates, to the extent of and as required by
Section 103(k) of the Internal Revenue Code of 1954, as
amended, and the Code of Virginia of 1950, as amended, to
permit the Newport News Redevelopment and Housing Authority
to assist in the financing of the Facility.
3. The approval of the issuance of the Bonds does not
constitute an endorsement of the Bonds or the credit-
worthiness of Lisa Square Associates and neither the
City nor the Authority shall be obligated to pay the Bonds or
the interest thereon or other costs incident thereto, and
neither the faith or credit nor the taxing power of the
Commonwealth of Virginia, the City or the Authority shall be
pledged thereto.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on October 15 , 1984.
2
- 36 -
Item II-I.3.a.
ORDINANCE ITEM # 22661
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council ADOPTED the following Ordinance:
ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ACCEPT ON BEHALF OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, A CERTAIN DEED OF GIFT IN SETTLEMENT AND
COMPROMISE OF THAT CERTAIN CONDEMNATION SUIT EN-
TITLED "CITY OF VIRGINIA BEACH VS. F. WAYNE McLESKEY
AND FAYE E. McLESKEY, his wife, LAW NO. 13,436 A AND B".
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.
October 15, 1984
36a
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO ACCEPT ON BEHALF OF
OF THE CITY OF VIRGINI@ BEACH, VIRGINIA
A CERTAIN DEED OF GIFT IN SETTLEMENT
AND COMPROMISE OF THAT CERTAIN CONDEM-
NATION SUIT ENTITLED "CITY OF VIRGINIA
BEACH VS. F. WAYNE MCLESKEY AND FAYE E.
MCLESKEY, HIS WIFE LAW NO. 436 A AND
y-
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is authorized and directed to
accept on behalf of the City of Virginia Beach, Virginia the
Deed of Gift dated the 30th day of August, 1984 in settlement
and compromise of a certain condemnation suit entitled "CitY
of Virginia Beach, a Municipal Corporation, Petitioner v.
F. Wayne McLeskey and Paye E. McLeskey, his wife, et al.,
Defendants, Law No. 13,436 A & B" now or formerly pending in
the Circuit Court of the City of Virginia Beach, Virginia.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on 15 day of October 1984.
JDB: j h
10/10/84
A@pP,OVED /,S TO CONTF.14T
,&P 0
THIS DEED OF GIFT, Made this 30th day of August, 1984,
by and between F. WAYNE McLESKEY, JR., and FAYE E. McLESKEY, his
wife, parties of the first part, and the CITY OF VIRGINIA BEACH,
a municipal corporation, party of the second part,
W I T N E S S E S
That for good and valuable consid6ration, receipt of
which is hereby acknowledged, the said parties of the first part
do execute this Deed of Gift, and do give, grant, assign and
convey with Special Warranty unto the City of Virginia Beach, a
municipal corporation, party of the second part, the following
ddscribed property, to wit:
All those certain pieces or parcels, and
all improvements, if any, thereon, lying
within the boundaries of Lots 1,2, 3, 4,
5, 6, 7, 8, 9, and 10, as shown on "Plat
Showing Property and Easements to be
Conveyed to the City of Virginia Beach
from F. Wayne McLeskey and Faye E. Mcleskey,
Bayside Borough, Virginia Beach, Virginia,
Bureau of Surveys and Mapping, Engineering
Division, Department of Public Works, City
of Virginia Beach, Virginia," dated January 26,
1984, revised May 31, 1984, initialled by
F. Wayne McLeskey, Jr. , attached hereto,
incorporated herein, and recorded contem-
poraneously with this deed, reference to
which is hereby made for a more particular
description; save and except those areas of
the above-described lots lying west of that
certain line on said plat running from the
northern side of Lot I along the following
courses and distances: s 10* 21' 52" E, 60.38
feet to a point in the dividing line between
Lots 1 and 2; thence continuing in a southerly
direction along the radius of a circle 1,406.21
feet with a delta of 171 131 40", an arc
distance of 422.82 feet to a point, which point
is in the dividing line between Lots 9 and 10;
thence S. 201 571 51" W, 90.25 feet
to a point, which point is the southwest
corner of Lot 10.
The Grantors further convey by SPECIAL WARRANTY to the
City of Virginia Beach, a non-exclusive easement for the right of
ingress and egress through the waters of the Lynnhaven River with
the right to dredge, but not being under any obligation to dredge,
through the areas described as Lots 11, 12 and 13, as shown on
the above-mentioned plat, and insofar as the Grantors may have
any interest in Lynnhaven Promenade south of the extended divid-
ing line between Lots 7 and 8 as shown on the said plat, the
same easement of ingress and egress and the right to dredge
heretofore granted over Lots 11 through 13 is granted.
The properties described herein are part of the same
property acquired by the parties of the first part by deed dated
February 25, 1971, recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in deed Book 1201,
at Page 312; and referred to in the aforesaid deed as Lots 1
through 13, Block 6, as shown on the plat of "Section D of Ocean i
Park," recorded in the aforesaid Clerk's Office in Map Book 5,
at Page 197.
This deed is given and is accepted in settlement and
compromise of that certain condemnation suit entitled "City of
Virginia Beach, a municipal corporation, Petitioner v. F. Wayne
McLeskey and Faye E. McLeskey, his wife, et al., Defendants, Law
No. 13,436 A & B" now or formerly pending in the Circuit Court of
-2-
the City of Virginia Beach, in which the fee simple title to all
of the property shown on the aforesaid plat was the subject of
being acquired by the City of Virginia Beach by condemnation, ana
this deed of less than the original property described in the
above-referenced condemnation is given in settlement and com-
promise of the just compensation to the Grantor and the damages,
if any, to the remaining property of the Grantors, if any, by
reason of the acquisition and use by the City as if acquired in
the above-styled condemnation suit under Title 25, Chapter 1.1
of the Code of Virginia, 1950, as amended, and such general laws
as are applicable for the purpose of condemning property.
obligate, incur or impose anyl
This conveyance does not
responsibility or obligation by or on the City now or in the
fu City may, with reference to said property, act
ture, and the
or it may not act, and if it acts, it may cease to act.
The Grantors herein acknowledge that the City is
contemplating dredging a channel, as shown on the aforeasaid plat,
entitled "Plat Showing Property and Easements to be Conveyed to
the City of Virginia Beach From F. Wayne McLeskey and Faye E.
McLeskey," over, under and through the property conveyed in fee
and by easement herein, which uses include, but are not limited
to recreational boating access to the City's property located to
the north and east of the property described herein. The Grantors
for themselves, their successors and assigns, agree that they will
take no action to hinder, delay, prevent, or otherwise enjoin the
-3-
@tA
@City from dredging, maintaining, and using the said property for
.,said channel for recreational boating or other purposes.
The Grantors further, for themselves, their successors
and assigns, hereby release the City of Virginia Beach, its
successors and assigns, from any and all damages and claims for
damages, known or unknown, now or in the future by reason of any
dredging'of said channel, drainage, navigational improvements, or
@.maintenance"Of same or lack thereof, or by reason of any other
r uses of the property conveyed herein.
ITNESS the following signatures and seals:
@(SEAL)
F. Wa dleskey, Jr.
yu
(SEAL)
Faye-E. McLeskey
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this@@@@ day @of 1984, by F. Wayne McLeskey, Jr., and
Faye E. McLeskey, his wife.
N@try Public
My..Coirnission expires:
-4-
LU
NC
w
19
IN
13
- 37 -
Item II-J.
CONSENT AGENDA ITEM # 22662
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 9, 10, and
11 of the CONSENT AGENDA.
Item No. 8 was voted upon separately.
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.
October 15, 1984
- 38 -
Item II-J. 1
CONSENT AGENDA ITEM # 22663
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED a Resolution in Recognition to VIRGINIA BEACH UNITED
METHODIST CHURCH.
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.
October 15, 1984
38a
WHEREAS: The Virginia Beach United Methodist Church has served the Virginia,
Beach Borough since 1913 and contributed more than seventy years to the spiritual well
being of this community. The original construction on Eighteenth Street and Pacific Avenue
was pastored by Dr. G. C. Butts with fifty Charter Members. The congregation, through
these progressive years, has built two sdnctuaries, two educational buildings, a chapel
with a garden and now about to complete a new sanctuary and other facilities totaling more
than $1.5-million; and,
WHEREAS: The Virginia Beach City Council has heard the cries of its people to
improve the Atlantic Avenue Resort Aroa, Virginia Beach United Methodist Church has
responded and immensely improved its historic location on Pacific Avenue to enhance the
amenities of the Beach Borough and set dn example for the Atlantic Avenue corridor. This
beautif.ication project also offers more space and additional facilities for tourists as
well as citizens who worship in the United Methodist fellowship. The foresight ot Church
officials is evidence of community concern and will benefit the entire City of Virginia
Beach. This has been evidenced by the ambitious acquisition of surrounding properties:
Clay Bay Cottage (1956), Pacific Avenue Flower Shop and Ketsules CottagelMotel (1969), the
Cavalier property (1971), the Austin Motel (1974), the Peros Cottage (1979), the Thomas
property and Taylor home (1981). This caring congregation offered welfare aid to the needy
for over thirty years. During World War IIII, Sunday night suppers, religious literature
and Bibles were offered military service men and women. Meals on Wheels is still actively
supported and has wide participation. Monday Morning Manna, a program of inspiration, fun
and fellowship, is conducted for women in the community. Since 1980, the Church has
sponsored three Southeast Asian families and one Polish refugee family. Since 1968 there
has been wide participation in the annual Surf and Sand Summer Mission. The Church
sponsors a Scout Troop, Cub Scouts, its own softball and basketball teams, a family picnic
annually at Red Wing Park, an annual ski trip to Wintergreen, aids three missionary
families in far-flung areas of the world and, most recently, established STAT (sharing time
and talent). Countless volunteers assist in HIS service in this 'Church With The Steeple
By The Sea". Many of the 50-member adult volunteer choir flew to Wormes, Germany, in 1983
to celebrate the 500th Anniversary of the birth of Martin Luther. The Church sponsors two
scholarship funds. Since 1979, the Schulmerick Carillonis has played daily at reguldr
intervals.
NOW, THEREFORE, BE XT RESOLVED: That the Virginia Beach City Council pauses in
its deliberations to recognize Virginia Beach United Methodist Church, its Pastors, Staff
and Corgregation for the-,'-- cortribution to the Resort Araa and the City as a whole in its
efforts to enhance Virginia Beach for its citizens and tourists alike.
BE IT FURTHER RESOLVED: That this Resolution be framed for presentation and
spread upon the proceedings of this Regular Session of the Virginia Beach City Council this
Fifteenth day of October, Nineteen Hundred Eighty-Four.
Given under our hands and seals,
Members of City Council
-ma--y-or- mayor
- 39 -
Item II-J.2
CONSENT AGENDA ITEM # 22664
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED a Resolution to accept gift of vehicle lease for the
Virginia Museum of Marine Sciences from the President of CHECKERED
FLAG MOTOR COMPANY.
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.
October 15, 1984
39a -
RESOLUTION TO ACCEPT GIFT OF
VEHICLE LEASE FOR THE VIRGINIA
MUSEUM OF MARINE SCIENCES FROM
THE PRESIDENT OF CHECKERED FLAG
MOTOR COMPANY
WHEREAS, the Virginia Museum of Marine Sciences has indicated
a need for a four-wheel drive vehicle to collect and transport
marine apecimens and other exhibit item and
WHEREAS, Mr. Edward B. Snyder, Pre:ident of Chockered Flag
Motor Company, has recognized this need and has agreed to lease
the city o four-wheel drive Isuzu Trooper vehicle for a period
of one year as a donation to the city, and
WHEREAS, the city will only be required to pay transfer
fees and provide necessary insurance, and
WHEREA3, vehicle maintenance will be provided by Checkered
Flag Motor Company at no cost to the city.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that it hereby accepts and gratefully
acknowledges the gift of the one year lease of a four-wheel
drive lauzu Trooper vehicle offered by Mr. Edward B. Snyder,
President of Checkered Flag Motor Company, and
BE IT FURTHER RESOLVED that the City Manager is hereby
authorized to enter into a lease agreement with the Checkered
Flag Motor Company for a period of one year.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 15 day of _ October 19 84
------- ----------------------------- -----
October 15, 1984
- 40 -
Item II-J.3
CONSENT AGENDA ITEM # 22665
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council APPROVED Authorization to ADVERTISE for a PUBLIC HEARING on November
5, 1984, regarding an Ordinance to amend and reordain Section 36-172 of the
Code of the City of Virginia Beach relating to the maximum rate of fare for
taxicabs.
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.
October 15, 1984
- 41 -
Item II-J.4
CONSENT AGENDA ITEM # 22666
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to transfer funds of $13,375 within the
DEPARTMENT OF DATA PROCESSING for the purchase of DATA PROCESSING
EQUIPMENT.
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.
October 15, 1984
- 41a -
AN ORDINANCE TO TRANSFER FUNDS
OF $13,375 WITHIN THE DEPARTMENT
OF DATA PROCESSING FOR THE PURCHASE
OF DATA PROCESSING EQUIPMENT
WHEREAS, the Department of Data Processing has nine
Telex terminals with a five year rental contract that
expires on November 1, 1984, and
WHEREAS, at that time the rental price on these units
will increase by approximately 51%, and
WHEREAS, the Department of Data Processing recommends
that the city purchase these terminals in order to avoid
the increased rental rate and to take advantage of the
purchase credit on the equipment which is 75% of the rental
price applied toward purchase, and
WHEREAS, the terminals can be purchased for $13,375
as opposed to a yearly rental of $9,472, and
WHEREAS, the department has the necessary funds by
transfer witbin its budget.
NOW THEREFORE, BE IT ORDAINED BY THE COTJNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds of $13,375
be transferred within the budget of the Department of
Data Processing from available sources in Lease/Rental
and Other Charges to Capital Outlay for the purchase of
these data processing terminals.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on 15 day of October 1984.
APPROVED AS TO CCNTENT
SIG A@7URE
DEPARTMLNI October 15, 1984
'-TDAITOFORM i
"T"RI
CITY Al f@ ",
- 42 -
item II-J.5
CONSENT AGENDA ITEM # 22667
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED, on SECOND READING, an Ordinance to appropriate funds of
$167,900 from the General Fund Balance for the updating of the MUNICIPAL
CENTER MASTER PLAN.
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 C. 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.
October 15, 1984
- 42a -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $167,900 FROM THE
GENERAL FUND BALANCE FOR THE
UPDATING OF THE MUNICIPAL
CENTER MASTER PLAN
WHEREAS, the present master plan for the development of the
Municipal Center was developed t*n years ago, and
WHEREAS, the munlclpal cantor and surrounding area has
developed more rapidly then anticipated, and
WHEREAS, City staff has prepared a Request for Proposal
(RFP) and has received proposals for a now master plan, and
WHEREAS, based on the proposals recalved, It Is the recom-
mendation of the selaction committee that the contract be
awarded to the firm of Waller, Todd and Sadier, and
WHEREAS, funds of $167,900 are noeded for the development
of the master plan.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH. VIRGINIA that funds of $167,900 be appropriated
from the General Fund Balance to create a capital project for a
now master plan for the dovelopment of the Municipal Center.
BE IT FURTHER ORDAINED that the Clty Manager Is hereby
authorized to enter Into an agreement with Walisr. Todd and
Sadler for the development of the master plan.
This ordinance shall be offectlvo from the date of Its
ad.ption.
Adopted by the Counci I of the City of Virginta Boach,
Virginia on 15 day of October 1984.
FIRST READING: October 8, 1984
SECOND READING: October 15, 1984
ORIGINAL/20
October 15, 1984
- 43 -
Item II-J.6
CONSENT AGENDA ITEM # 22668
TJpon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of
$5,000 to the Department of Parks and Recreation for the development of
KENSTOCK PARK.
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.
October 15, 1984
43a
A]4 ORDINANI@E TO APP,-,OPPIATE
FUNDS OF f,-5,000 TO THE DEPARTMENT
OF PARI@3 ATID RECREATION FOR THr-
DEVELOPMENT OF KENSTOCK PARK
WH-@REAS, Tho Breadon Coiapcny, Inc., @@ part of tlie leri@l@oclt
-@ubdivizion agreemetit, agreed to conl@ribut(@ @,5,000 to the c@--"@y
for thD developmoiit and iiaprovement of th(@ 8ubdivi*ion
recrea'-..@,@nal
t@ie c-f z@ii@3
tlio bc
budge+, for t@io of*
2.1-: OP-,D,,@T14ED EY Tf-*,@' COLI.@4CIL OF THE-:
CI-Y Cf@ ViRrli!IiA BEA" 'h@.t D:C
1!!-7. I- FUYITI'ER ORDAIIl@---D G,--rier@l TRC-'VCe,'ILIQ@ b,@
by Lo cffFc.@,
by th@ CcLincil c,f Ci'@-y Virgini.,a reach or,
Lh@ day of ----------------------------- - l@-i ------
Fir3t -'@t@--ciing:__OcLober 15, 1,984
---------------------------
S@cond Rc,,vding: -------------------------------
APPROVED AS To CONTENT
EPARTMENT
October 15, 1984
- 44 -
ltem II-J.7
CONSENT AGENDA ITEM # 22669
Upon motion by Councilman Baum, seconded by Councilwoman oberndorf, City
Council APPROVED, on FIRST READING, an Ordinance to adjust the FY 1985
OPERATING BUDGET for the PENDLETON CHILD SERVICE CENTER.
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.
October 15, 1984
- 44a -
AN ORDINANCE TO ADJUST
THE FY 1985 OPERATING
BUDGET FOR THE PENDLETON
CHILD SERVICE CENTER
WHEREAS, the Pendleton Child Service Center will have a net
reduction in estimated revenues of $31,188, and
WHEREAS, that agency also needs an additional $16,675 to add a
modular unit to its existing building, and
WHEREAS, the Pendleton Child Service Center fund balance is suf-
ficient to absorb the $16,675 appropriation increase for the Tnodular unit
and $15,712 of the reduction in estimated revenue, and
WHEREAS, the remaining revenue reduction of $15,476 would elitni-
nate a Child Care Worker position approved in the budget, and
WHEREAS, the City of Chesapeake has agreed to increase its
contribution to Pendleton by $5,183 toward the cost of the position, and
WHEREAS, in accordance with the agreement with the City of
Chesapeake concerning the funding of the Pendleton Child Service CenLer, the
City of Vir'ginia Beach will need to increase its allocation for two thirds
of the cost or $10,293.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VlRGINIA BFACH, that funds of $32,387 be appropriated from the fund balance
of the Pendleton Child Service Center to provide for the increased cost of
$16,675 for the purchase of a modular unit and to offset $i5,712 of the
reduction in estimated revenues, and
Be it further ordained that General Fund appropriations in the
amount of $10,293 be transferred from the Reserve for Contingencies to
Lraii,;f@rs Lu Lli@ P@ndleLon Child Service CenL@r Fund for Lhe COSL of Lh@
Child Care Worker.
Adopted by the Council of the City of Virginia Beach on the
day of 19
FIRST READING: October 15, 1984
SECOND READING:
- 45 -
Item II-J.8
CONSENT AGENDA ITEM # 22670
Walter Stephenson, Jr., of Miller-Fox-Stephenson, represented the
applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into a
portion of a 15' unnamed City right-of-way to CONHILL CORPORATION, thier
assigns and successors in title.
The encroachment shall be subject to the following:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
(Subject to further dolibetation by City Council)
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. A highway permit must be obtained and a bond posted
prior to commencing work within the City's right-
of-way.
5. This encroachment shall not be in effect until an
agreement has been executed encompassing the above
conditions.
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 C. 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. October 15. 1984
- 45a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF A
151 UNNAMED CITY RIGHT-OF-WAY TO
CONHILL CORPORATION, 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, Conhill Corporation, their assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into a 151 unnamed City right-of-way.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining bay windows on
the Carlton Arms Hotel located at 5th Street and Atlantic Avenue
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 a 151 unnamed City right-of-way known
on the certain plat entitled: "PROPOSED
SITE PLAN FOR CARLTON ARMS HOTEL SHOWING
ENCROACHMENT FOR DAVID K. HILLQUIST,- 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 Conhill Corporation, their assigns and
successors in title and that within thirty 30 days after such
notice is aiven, said encroachment shall be removed from the 151
unnamed City right-of-way and that Conhill Corporation, their
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 Conhill Corporation, their assigns and successors
in title shall indemnify and hold harmless the City of Virginia
October 15, 1984
466 -
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 Conhill Corporation, executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virqinia, on the 15 day of October 19 84
MES/re
9/5/8 4
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- 46 -
Item 11-J.9
CONSENT AGENDA ITEM # 22671
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED an ordinance authorizing certain events conducted on City
property to be exempt from the prohibition from working or transacting
business on SUNDAY.
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.
October 15, 1984
46a -
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE EXEMPT FROM THE PROHIBITION
FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950) as
amended, requires the City Council of the City of Virginia Beach
to designate on a case-by-case basis the events which are exempt
from working or transacting business on Sundays; and
WHEREAS, the following City property has been
designated by the Council of the City of Virginia Beach for the
following dates, as the site for the following events:
Date City Property Event
12/30/84 Pavilion Custom Auto Exposition
1/13/85 Pavilion Tidewater Gun Show
1/27/85 Pavilion Camelia Food Products
Exposition
3/24/85 Civic Center Wholesale Gift Show
5/12/85 Pavilion Cancer Society Expo &
Variety Show
6/2/85 Pavilion Davidson Beauty Products
Trade Show
6/23/85 Pavilion Va. Funeral Directors
Trade Show
6/30/85 Pavilion Antique - Flea Market
7/14/85 Pavilion Beta Sigma Phi Arts &
Crafts Show
9/1/85 Pavilion Antique - Flea Market
9/22/85 Pavilion Tidewater Radio
Convention
10/13/85 Pavilion Jr. Womans Club
Homecrafts Show
10/20/85 Pavilion Tidewater Builders Home
Show
10/20/85 Civic Center Cat Fanciers Show
10/27/85 Pavilion Snow/Ski Exposition
10/27/85 Civic Center Quilters Guild Show
11/17/85 Civic Center Arts & Crafts Show
12/1/85 Pavilion Countryside Christmas
Mart
October 15, 1984
- 46b
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA
BEACH, VIRGINIA:
That the above-mentioned events are exempt from the
prohibition of working or transacting business on Sunday as
provided by general law. That the City Clerk is directed to
forward a certified copy of this ordinance to the Commonwealth
Attorney.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, on the 15 day of October 1984.
JDB/da
10/10/84
misc
APPROVED AS TO CONTENT
SIG ATUI,@
D'PART,M.ENT
-2-
October 15, 1984
- 47 -
Item Il-J.10
CONSENT AGENDA ITEM # 22672
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance authorizing the TRUSTEES OF PLEASANT GROVE
BAPTIST CHURCH to take and hold title to more than four acres of land
within the City of Virginia Beach, Virginia, as provided by Section 57-12
of the Code of Virginia (1950), subject to certain limitations.
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.
October 15, 1984
47a
ORDINANCE No.
AN ORDINANCE AUTHORIZING THE TRUSTEES OF PLEASANT
GROVE BAPTIST CHURCH OF TAKE AND HOLD TITLE TO
HOLD TITLE TO MORE THAN FOUR ACRES OF LAND WITHIN
THE CTTY OF VIRGINIA BEACH, VIRGINIA, AS PRO-
VIDED BY SECTION 57-12 OF THE CODE OF THE CODE
OF VIRGINIA (1950), SUBJECT TO CERTAIN LIMITATIONS
WHEREAS, The Trustees of Pleasant Grove Baptist Church presently
hold title to approximately 13.22 acres of land abutting Kempsville Road, in
the City of Virginia Beach, Virginia; and
WHEREAS, the said Trustees desire to be in compliance with Virginia
Code 57-12 of the Code of Virginia and hold title to said Church land, in the
name of the Trustees; and
WHEREAS, Section 57-12 of the Code of Virginia 1950 requires the
said Church Trustees to obtain authorization from this Council in order to
hold title to more than 4 acres of land at any one time within the City of
Virginia Beach; and
WHEREAS, the said Trustees desire to make proper application to hold
title to the said 13.22 acres of land more or less; and
WHEREAS, it is the sense of this Council that authorization to hold
title to such property should be granted; now therefore,
BE IT ORDAINED by the Council of the City of Virginia Beach:
Section I - That the Trustees of Pleasant Grove Baptist Church are
hereby authorized to hold title to 13.22 acres of land more or less, and
described as follows:
ALL THAT certain lot, piece or parcel of land, with the buildings
and improvements thereon, located in the City of Virginia Beach,
Virginia, and being more particularly bounded and described as
follows:
BEGINNING at a pin lying in the Western line of Kempsville Road,
which pin is South 29' 13' 53" West 560 feet from a stone marking
the intersection of the line separating the City of Virginia Beach
and the City of Chesapeake with the Western line of Kempsville Road
and from said point of beginning running North 61* 17' 32" West
614.15 feet to a pin in the line separating the City of Virginia
Beach and the City of Chesapeake; then along the line separating the
City of Virginia Beach and the City of Chesapeake North 18* 41' 42"
West 897.86 feet to a pin; then South 61' 18' 31" East 1280.65 feet
to a pin in the Western line of Kempsville Road; then along the
Western line of Kempsville Road South 29' 131 53" West 608.10 feet
to the pin marking the point and place of beginning.
Section 2 - That the land hereinbefore described shall be held and
utilized by the aforesaid Trustees only for purposes set forth in Virginia
Code Section 57-7 et seq. of the Code of Virginia (1950).
Section 3 - That this ordinance shall be in effect from and after
its adoption.
ADOPTED October 15, 1984
LOCATION MAP S@.#.z IZ640'
NOW OR FORMERLY
JOSEPHUS H. @PPARD, JR.
DB. 2299 p. 1296
IVOW OR FORMEF
PLEASANT GROVE
CHURCH TRS.
DB 225 p 886
NAOMI YODER
DB. 1055 p. 63
PLAT SHOWNG
PROPERTY OF
PLEASANT GROVE BAPTIST CHURCH
KEMPSVILLE 130ROLIGH -VIRGINIA BEACH, VIRGINIA
&WAU OF SURVEYS ar)d MAPPING
ENGNVEERM DIVISION
DEPARTMEAfT OF PUBLIC WORKS
CITY OF VIRC4NL4 BEACH, V#?GNIA
@11,1984 liScole:l"=2od 110rom By! JMW 11
October 15, 1984
- 48 -
Item ii-J.11
CONSENT AGENDA ITEM # 226 73
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$19,979.80 upon application of certain persons and upon certification of
the Treasurer of Virginia Beach for payment.
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.
October 15, 1984
M NO. C.A- 7 -48a - 10/5/84 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!e Pe.alty I nt. Total
Year of Tax Number tion No. p id
hristian Broadcasting Ntwk 84 RE(1/2) 15374-5 12/5/83 770.03
hristian Broadcasting Ntwk 84 RE(1/2) 15375-4 12/5/83 1,756.11
ailey T Parker Jr 83 pp 179390-8 12/5/83 17,113.68
ri Continental Leasing 84 pp 154118-2 5/21/84 285.60
Eric N Anderson 84 pp 3345-6 6/5/84 34.38
arry W Cromwell Jr N/A Pkng 4867 8/3/84 20.00
Total 19,979.80
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling ce to pay
19,979.80 were approved by
the Council of the City of Virginia
f' I , @ I 7,
October 15, 1984
October 15, 1984
- 49 -
Item II-K. 1
APPOINTMENTS ITEM # 22674
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS & HUMANITIES COMMISSION
DEVELOPMENT AUTHORITY
PLANNING COMMISSION
October 15, 1984
- 50 -
Item II-K.3
APPOINTMENTS ITEM # 22675
Upon NOMINATION by Vice Mayor McClanan City Council REAPPOINTED the following:
James A. Evans PERSONNEL BOARD
(for a three year term beginning October 19, 1984
through October 31, 1987)
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.
October 15, 1984
- 51 -
Item II-K.4
APPOINTMENTS ITEM # 22676
Upon NOMINATION by Councilwoman Oberndorf, City Council REAPPOINTED the following
to the TRANSPORTATION SAFETY COMMISSION:
Lois Bostic November 1, 1984 to October 31, 1987
John Herzke November 1, 1984 to October 31, 1987
Reeves E. Johnson November 1, 1984 to October 31, 1987
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.
October 15, 1984
- 52 -
Item 11-M. 1
NEW BUSINESS ITEM # 22677
DRAINAGE EASEMENT
(JAMES LEAKOU) ALOT CORPORATION
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance authorizing tbe City Manager to execute a deed
vacating a portion of a drainage easement across the property of ALOT
CORPORATION (James Leakou).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jerinings, Jr., Louis R. Jones,
Robert G. Jonesf 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.
*Verbal Aye
October 15, 1984
52a
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED VACATING A
PORTION OF A DRAINAGE EASEMENT
ACROSS THE PROPERTY OF ALOT CORPORATION
WHEREAS, the predecessor in title to Alot Corporation
("Alot") conveyed to the City of Virginia Beach a drainage
easement, shown on the attached plat entitled "EXHIBIT PLAT
SHOWING DRAINAGE EASEMENT TO BE VACATED BY THE CITY OF VIRGINIA
BEACH FOR ALOT CORPORATION," dated September 17, 1984, a reduced
copy of which is attached hereto and made a part hereof as
'Exhibit A.'; and
WHEREAS, Alot has agreed to dedicate an alternate
drainage easement and has requested that the City of Virginia
Beach release its right and interest in the portion of the
easement designated "EASEMENT TO BE VACATED," as shown on Exhibit
A; and
WHEREAS, Alot has agreed to pay the City of Virginia
Beach the sum of $13,500.00 as consideration for vacating a
portion of the easement.
NOW, THEREFORE, BE IT ORDAINEO BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That, in consideration of the payrnent to the City of
Virginia Beach of the sum of $13,500.00, the City Manager is
hereby authorized to execute and deliver simultaneously with the
dedication of the alternate easement a Deed of Vacation and
Quitclaim (a copy of which is attached hereto and incorporated
herein by reference), releasing the City's right and interest in
the portion of the easement designated 'EASEMENT TO BE VACATED,"
as shown on Exhibit A.
Adopted by the Council of the City of Virginia Beach,
Virginia, on October 15, 1984
CMS/da
(C)
10/11/8 4
THIS DEED OF VACATION AND QUITCLAIM, Made this day
of 1984, by and between the CITY OF VIRGINIA
BEACH, a municipal corporation of theCommonweAlth of Virginia,
party of the first part, and ALOT CORPORATION, a Virginia
corporation, 303 Lynnhaven Parkway, Suite 202, Virgihia Beach,
Virginia, 23452, party of the second part.
W I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
($10.00) and 6ther good and valuable consideration, the receipt
of which are hereby acknowledged, the party of the first part
hereby releases, vacates, and forever QUITCLAIMS unto the party
of the second part its right and interest, if any, in the
following described property:
All that certain lot, piece, or
parcel of property, shown as the
stippled area and designated as
"EASEMENT TO BE VACATED,' as shown
on that certain plat entitled
"EXHIBIT PLAT SHOWING DRAINAGE
EASEMENT TO BE VACATED BY THE CITY
OF VIRGINIA BEACH FOR ALOT
CORPORATION,' dated September 17,
1984, prepared by Talbot and
Associates, Ltd., Engineers-
Surveyors-Planners, Virginia Beach,
Virginia, and recorded in the Office
of the Clerk of the Circuit Court of
the City of Virginia Beach,
Virginia, in Map Book at Page
ji This conveyance is made subject to conditions,
restrictions, easements, and reservations of record in the chain
of title, if any, constituting constructive notice thereof.
IN WITNESS WHEREOF, the City@of Virginia Beach has
caused its name to be signed by its City Manager and its seal to
be affixed and attested to by its City Clerk, and said action was
authorized by an ordinance adopted by the Council of the City of
Virginia Beach, at a meeting duly called and held on the 15th day
of October, 1984.
CITY OF VIRGINIA BGACH
By_
City Manager
(SEAL)
ATTEST:
City dl-erk
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 are
signed to the foregoing Deed of Vacation and Quitclaim, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1984.
otart P-u&TC---
My Commission Expires:
CJ/da-10/11/84-(27-C)
-2-
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- 53 -
Item II-M.2
NEW BUSINESS ITEM # 22678
OCTOBER 22, 1984
CITY COUNCIL MEETING
ADD ON
Mayor Heischober ANNOUNCED the City Council Meeting will commence at 5:00 P.M.,
October 22, 1984, in order that Timothy Barrow, Chairman of the Resort Area
Advisory Commission, may make a presentation concerning same.
October 15, 1984
- 54 -
Item 11-M.3
NEW BUSINESS ITEM # 22679
VIRGINIA BEACH
BIKEWAY MAP
ADD-ON
Councilman Jennings referenced the VIRGNIA BEACH BLKEWAY MAP published by
the Mayor's Bikeway Committee. Councilman Jennings commended the Committee
for this excellent publication.
JUVENILE COURT SERVICES ITEM # 22679a
Councilman Jennings requested the City Manager provide Council with an
update on the Juvenile Court Services Unit Program involving adult leaders
for Seashore State Park.
October 15, 1984
- 55 -
Item II-M.4
NEW BUSINESS ITEM # 22680
TRAFFIC CONSULTANTS
ADD ON
Councilwoman Oberndorf requested the City Manager to advise Council on the
status of the REQUEST FOR PROPOSAL (RFP) for Traffic Consultants.
October 15, 1984
- 56 -
Item II-N.1
ADJOURNMENT ITEM # 22681
Upon motion by Councilman Baum, City Council ADJOURNED the meetiiig at 8:21 p.m.
Beverly-0. Hooks
Deputy City Clerk
I.t dSe. Imit , CMC Myr IrldH@g'c@.b.r T-
City Clerk
City of Virginia Beach
Virginia
/bh
October 15, 1984