OCTOBER 22, 1984 MINUTES
<Df Nrilrwilai@
"WORLD'S LARGEST RESORT CITY"
Cny COUNCIL
MAYOR HAROLD BEISCHOBER. A, L.@g-
VICE MA YOR REBA S. M@CLANAN A- @h
JOHN A. RAUM, Bi-@t@@ B-,h
NANCY A. GREECH, At L.@g@
ROBFRT E FENTRESS, V.,g- B..h B-gh
BARBARA M. RENLEY, P..g. B-gh
H. JACK JE,\WINGS, JR., B-gh
LOUIS R. JOAFES, Byi& B-gh
ROBERT G. JONES, Al L.,g@
J. HENRY M@COY, JR., K--p-@ B-.gh
MEYERA E. OBERN7)ORF, A, L.,g@
281 CNTH@ BUMDIM
MUNICJPAL CENM
RUTH HODGES SMRFH, CMC, Ci@v Cl.,k CITY COUNCIL AGENDA VIRGINIA BEACH VIRGINIA 2m6-9m
18041427-*"$
October 22, 1984
Virginia Beach City Council
BRIEFING - Council Chambers - 5 PM
Presentation by Mr. Tim Barrow, Chairman of the
Resort Area Advisory Commission
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 6:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PM
A. INVOCATION: Reverend Thomas P. Reynolds, Jr.
Francis Asbury United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE AGENDA
1. Review of Consent Agenda
E. 14AYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of October 15, 1984.
G. PRESENTATION
1. Proclamation
a. Hospice Month - November
H. PUBLIC HEARING
a. Resolution approving the issuance of Special Revenue
Bonds from the Portsmouth Redevelopment and Housing
Authority in the amount of $5,000,000 to Regency
Apartments Associates.
1. PLANNING
1. RECONSIDERATION - As approved October 8, 1984: Applications
of Gallagher Associates for changes of zoning along the east
side of Holland Road, south of Landstown Road (Princess Anne
Borough):
From AG-1 Agricultural District to R-8 Residential District
on a 42.319-acre parcel;
From AG-2 Agricultural District to R-8 Residential District
on a 4.67-acre parcel;
From R-8 Residential District to PDH-2 Planned Unit
Development District on a 46.989::acre parcel;
AND,
From AG-1 Agricultural District to P-1 Preservation District
on a 37.842-acre parcel.
2. Ordinance to amend an ordinance adopted January 15, 1979
concerning the zoning application of Dr. and Mrs. Ben Y.
Ward on Virginia Beach Boulevard from B-2 to A-4 (Fralin and
Waldron) (Bayside Borough).
(City Council approved reconsideration for deletion of a
condition on October 8, 1984).
3. Applications of The Southland Corporation for conditional
use permits:
a gasoline service station in conjunction with a convenience
store on a 28,458.5-square foot parcel located at the
southwest corner of Oceana Boulevard and Harpers Road
(Princess Anne Borough);
AND,
a gas station in connection with a convenience store on a
1.545-acre parcel located at the southeast corner of Oceana
Boulevard and Dam Neck Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4 Applications of Michael H. Resh on an undeveloped parcel
located on the northeast side of Princess Anne Road,
northwest of North Landing Road (Princess Anne Borough):
a change of zoninf, from AG-1 Agricultural District to B-2
Community-Business District on a 13,068-square foot parcel;
a change of zoning f rom AG-2 Agricultural Dirtrict to B-2
.. a 5.4_a,
Community Business District _r e parcel,
a change of zoning from AG-1 Agricultural District to 0-1
OfFice District on a 10.8-acre parcel;
AND,
a change of zonin& from AG-2 Agricultural District to 0-1
OfE-ice District on a 1.5-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
5. Application of Thomas Maynard Malbon and Paul E. Malbon for
a change of zoning from AG-2 Agricultural District to R-8
ReTidential District on a 10.087-acre parcel located on the
south side of Old Dam Neck Road, east of Dwyer Road
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of Michael S. Malbon for a change of zoning from
AG-2 Agricultural District to R-8 Residential District on a
2.419-acre parcel 1 cated on the south side of Old Dam Neck
Road, opposite the intersection of Dwyer Road (Princess Anne
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of W. R. Malbon for a change of zoning from AG-1
Agricultural District to R-8 Residential District on a
4.05-acre parcel located south of Old Dam Neck Road, east of
Dwyer Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of W. R. Malbon for a change of zoning from AG-2
Agricultural District to R-8 Residential District on a 6.9-
acre parcel located on the north side of Culver Lane, east
of Oceana Boulevard (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9 . Applications of Goodman Segar Hogan, Inc. on part of a
127.625-acre farm located at the northwest corner of Oceana
Boulevard and London Bridge Road (Princess Anne Borough):
a change of zoning from AG
3@l Agrcirc:lpt:ral District to R-8
ReTidential District on a .104_a rcel;
a change of zoning from AG-2 Agricultural District to R-8
Re;-idential District on a9.261-acre parcel;
a change of zoning from R-3 Residential District to R-8
Re;-idential District on a57.219-acre parcel;
a change of zoning f rom R-8 Residential District to PDH-2
Planned Unit Development District on a 100.584-acre parcel;
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
AND,
a change of zoning from R-3 Residential District to B-2
Community-Business District on a 24.884-acre parcel;
a change of zoning from AG-2 Agricultural Distsrict to B-2
Community-Business District on a 2.157-acare parcel.
b. Letter from the City Manager transmits no
recommendation from the Planning Commis@ion
due to a tie vote.
J. RESOLUTIONS/ORDINANCES
1. Industrial Development Revenue Bonds
a. BCF Properties ($950,000)
b. Thalia Wayside Associates ($600,000)
2. Special Revenue Bonds
a. Resolution approving the issuance of Special Revenue
Bonds from the Portsmouth Redevelopment and Housing
Authority in the amount of $5,000,000 to Regency
Apartments Associates.
b. Resolution approving the issuance of Special Revenue
Bonds from the Suffolk Redevelopment and Housing
Authority in the amount of $5,000,000 to Birdneck
Apartment Associates.
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution authorizing the enlargement of the
nonconforming structure located at 3553 Charity Neck Road
(property of Roy 0. Dozier).
2. ordinance to amend and reordain Section 2-152 of the Code
of the City of Virginia Beach, Virginia, pertaining to
Acting City Manager.
3. Ordinance, on SECOND READING, to appropriate funds of
$5,000 to the Department of Parks and Recreation for the
development of Kenstock Park.
4. ordinance, on SECOND READING, to adjust the FY 1985
Operating Budget for the Pendleton Child Service Center.
5. Ordinance to amend and reordain Subsection B-4 of Section
4 of the Site Plan Ordinance pertaining to statements to
appear on all residential site plans.
6. State-Local Hospitalization Contracts:
1983-84 .1984-85
Norfolk General Hospital $367.67 $421.28
Virginia Beach General Hospital 326.77 346.89
Leigh Memorial Hospital 345.25 373.05
Lake Taylor City Hospital 100.50 123.06
All clinic and emergency room
rates are: 15.00 15.00
7. Raffle permit: Brookwood Elementary School P.T.A.
L. APPOINTMENTS
1. Arts & Humanities Commission
2. Development Authority
3. Planning Commission
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. Ordinance authorizing the City Manager to enter into an
agreement with the firm of Thomas & Fiske to conduct an
analysis and establish a strategy for the City concerning
the State's highway funding allocations and transferring
$20,000 for anticipated expenses with this work.
2. 1985 Legislative Package
3. Ferrell Parkway/Salem Road/Princess Anne Road interchange -
Discussion
0 - AWOURNMENT
1. Motion to adjourn.
5
Item II-F. I
MINUTES ITEM 22723
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
APPROVED a Correction to the Minutes of September 24, 1984, as follows:
Page 32 - ITEM # 22571 (CONSENT AGENDA ITEM II-J.8 - Ordinance to
Transfer Capital Project Funds to Project #3-826 ENERGY
CONSERVATION PROGRAM)
The Motion should correctly read:
Upon motion by Councilwoman Oberndorf, seconded by Council-
woman Creech, City Council ADOPTED an Ordinance to Transfer
@@7999 $150,000 of Capital Project Funds to Project #3-826
ENERGY CONSERVATION PROGRAM for an Additional Chiller for the
Juvenile Court building expansion.
AND, Council further AMENDED the Minutes of October 22, 1984 as follows:
Page 13 ITEM # 22691 (ORDINANCE UPON APPLICATION OF THE SOUTELAND
CORPORATION FOR A CONDITIONAL USE PERMIT FOR A GASOLINE
STATION R01084861)
Letters dated October 30, 1984 to Mr. Lyle Tatro from Assistant
City Attorney Charles Salle' and November 5, 1984 from City
Attorney J. Dale Bimson to Vice Mayor Reba S. McClanan are
hereby incorporated into the minutes of October 22, 1984.
These letters referenced the verbal agreement by SOUTHLAND
CORPORATION to provide appropriate screening between the
new Seven-Eleven facility that is located at Oceana Boule-
vard and Harpers Road and the adjacent residential development.
Page 25 ITEM # 22699 (ORDINANCE UPON APPLICATION OF GOODMAN SEGAR HOGAN,
INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO B-2 AND FROM R-3 to B-2 (ZO1084909 and Z01084910)
REMOVE Condition No.l. and RESTATE as per the following:
1. Applicant has voluntarily agreed to berm the back of the shopping
center and place a tree line adjacent to all residential lots.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentresst Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.t Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J.Eenry McCoy, Jr., D.D.S.
Councilwoman Oberndorf referenced the SUMMARY OF COUNCIL ACTIONS was typed on
the old form which listed Councilman Kitchin rather than Councilman Fentress.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
P R E S E N T A T I 0 N
RESORT AREA ADVISORY COMMISSION
October 22, 1984
5:00 P.M.
The PRESENTATION concerning the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION
was called to order by Mayor Heischober in the Council Chambers, City Hall
Building, on Monday, October 22, 1984, at 5:00 in the evening.
Timothy Barrow, Chairman of the RESORT AREA ADVLSORY COMMISSION, presented City
Council with the Commission's initial report, which focused on a VISION of
Virginia Beach as a RESORT CITY.
The initial charge to this Conmission was to inventory Virginia Beach's ASSETS
and LIABILITIES as a resort.
ASSETS L @ ILITIES
1. NATURAL ENVIRONMENT 1. BEACH EROSION
2. LOCATION 2. LIMITED BEACH ACCESS
3. NEARBY TOURIST DESTINATIONS 3. "CONCRETE CITY" IMAGE
4. "SAND DOLLARS" 4. BARRIERS TO THE WATER
5. CONVENTION FACILITIES 5. CONGESTION
6. REVITALIZATION OPPORTUNITIES 6. INADEQUATE CODE ENFORGEMENT
7. ANNUAL SPECIAL EVENTS 7. INADEQTJATE MAINTENANCE
8. RECREATIONAL FACILITIES 8. VISUAL POLLUTION
9. CULTURAL ATTRACTIONS 9. UNATTRACTIVE HIGHWAY
APPROACHES
10. THE TROLLEY SYSTEM 10. ABSENCE OF A SENSE OF
PLACE
11. CAMPING FACILITIES 11. FRAGMENTED PROBLEM
SOLVING
12. FIRST CLASS FAMILY HOTELS & RESTAURANTS 12. INSUFFICENT REINVESTMENT
13. IMAGE AS A FAMILY RESORT 13. LOT SIZE
14. BEACH COTTAGES 14. PARKING
15. INADEQUATE RECREATIONAL
FACILITIES
On balance, a negative and deteriorating position is presented. However, the
underlying potential of the resort's ASSETS is so great that the Commission
is convinced that this position can be reversed.
October 22, 1984
- 2 -
RESORT AREA ADVISORY COMMISSION
P R E S E N T A T I 0 N
(Continued)
Chairman Barrow further stipulated that the VISION of the Resort Area Advisory
Commission encompasses the following:
(1) An attractive, revitalized Resort Center at the
oceanfront
(2) A series of well-designed public beaches on the
Chesapeake Bay
(3) A minimum 200-feet-wide beach in the Resort Center
and an attractive replenishment program for other
public and bay beaches serving the residents
(4) A substantially widened boardwalk
(5) A redesigned vehicular circulation plan
(6) A series of jointly developed and financed
parking lots
(7) A Federal, State, and City partnership to open up
portions of Fort Story, Dam Neck, the Amphibious Base,
and Seashore State Park to mutually-agreed joint re-
creational development
(8) A combination transportation terminal and welcome center
at the main entrance to the Resort Center
(9) Attractive full-service tourist information and
reservation centers at each of the major visitor
entrances to the city
(10) Beautifully landscaped highway approaches to the
City's resort areas
(11) Additional quality public golf courses readily
accessible to the Resort Center
(12) An arts and crafts complex providing an opportunity
for artists to create and market their work
(13) Additional full-service marinas and boat ramps on
the Lynnhaven River, Rudee Inlet, Iner-coastal Water-
way, and Back Bay
(14) A revitalized and expanded Resort Center providing
a full range of retail, lodging and entertainment
uses to serve the visitor
(15) Development of Camp Pendleton as a planned tourist
environment rivaling the premier beach resorts on the
East Coast
(16) A beautiful Ocean Parkway extending south from Birdneck
Road through the proposed Camp Pendleton Resort and Dam
Neck, to Sandbridge, and back to General Booth Boulevard
The RESORT AREA ADVISORY COMMISSION recommended the implementation of a fourteen-
point program as an immediate response to the serious visual pollution and image
problems identified by the Commission. The proposed IMMEDIATE ACTION PROGRAM was
divided into the following categories:
CORRECTIVE ACTIONS
DEMONSTRATION PROJECTS
CONTINUING EFFORTS
October 22, 1984
- 3 -
RESORT AREA ADVISORY COMMISSION
P R E S E N T A T I 0 N
(Continued)
Chairman Barrow extended appreciation to the following Members of the Resort Area
Advisory Commission:
Thomas W. Aiken
Richard S. Bartley
Wylie R. Cooke, Jr.
Dorothey Davis
David R. Hager
William H. Kitchin, III
Melvin A. Koch
Thomas C. Kyrus
Robert A. Lawson, Jr.
Roger Newill
Edward R. Roehm
Donovan Smith, Jr.
Stephen C. Swain
R. Dawson Taylor
Bruce L. Thompson
Patricia L. Wallace
Betty C. Wells
A copy of the VIRGINIA BEACH RESORT AREA ADvisoRY COMMISSION'S REPORT is hereby made
a part of the record.
October 22, 1984
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 22, 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 22, 1984, at 6:00 in the evening.
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
October 22, 1984
- 2 -
ITEM # 22682
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, peformance, 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. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual
or potential litigation, or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
voted to proceed into the EXECUTIVE SESSION, to be followed by the REGULAR SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
None
October 22, 1984
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 22, 1984
7:00 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
22, 1984, at Seven O'Clock in the evening.
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 C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Thomas P. Reynolds, Jr.
Pastor
Francis Ashbury United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 22, 1984
4
Item II-F.1
MINUTES ITEM 22683
Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones, City
Council APPROVED the Minutes of October 15, 1984.
Voting: 10-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara
M. Henley, H. Jack Jennings, J., 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:
Robert E. Fentress
5
Item II-G. 1
PROCLAMATION ITEM 22684
Mayor Heischober PROCLAIMED the month of November 1984 as
HOSPICE MONTH
This PORCLAMATION recognized HOSPICE CARE as a humane response to the
needs of the terminally ill and as a viable component of the health care
system in our community.
This PROCLAMATION was accepted by Dr. Vincent J. Speckhart, President of
HOSPICE. The following were also in attendance:
Donald A. Dahlman, Vice President
Jeanne Riddle, Acting Administrator
Ruth Hodges Smith, CMC Secretary/Treasurer
Eileen Ayvazian, Member of the Board
Nancy Guarnieri, Member of the Board
(accompanied by husband)
Richard Hancock, Member of the Board
Marian N. Keagle, Member of the Board
October 22, 1984
- 5a
WHEREAS, the month of November has been designated by President
Reagan as "National Hospice Month"; and
WHEREAS, hospice care has been demonstrated to be a humanitarian
way for terminally ill patients to approach the end of their lives in
relative comfort with appropriate, competent, and compassionate care
in an environment of personal individuality and dignity; and
WHEREAS, hospice advocates care of the patient and family by
attending to their physical, emotional, and spiritual needs and, spec-
ifically, the pain and grief they experience; and
WHEREAS, hospice care is provided by an interdisciplinary team
of physicians, nurses, social workers, pharmacists, psychological,
and spiritual counselors, and other community volunteers trained in
the hospice concept of care; and
WHEREAS, hospice care is rapidly becoming a full partner in the
Nation's health care system; and
WHEREAS, the recent enactment of the medicare hospice benefit
makes it possible for many more elderly Americans to have the oppor-
tunity to elect to receive hospice care; and
WHEREAS, there remains a great need to increase public awareness
of the benefits of hospice care.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia
Beach, do hereby proclaim the month of November 1984 as
HOSPICE MONTH
in the City of Virginia Beach and call upon City agencies, the medical
community, appropriate private organizations, and the citizens of our
City to encourage recognition and support for hospice care as a humane
response to the needs of the terminally ill and as a viable component
of the health care system in our community.
Given under my hand and seal this
Twenty-second day of October,
Nin red and Eigh
Harold Heitchober
Mayor
October 22, 1984
6
Item II-H.a.
PUBLIC HEARING ITEM 22685
Mayor Heischober declared a PUBLIC HEARING for the following:
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE PORTSMOUTH REDEVELOPMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF $32,000,000* TO REGENCY
APARTMENTS ASSOCIATES.
*Attorney Barry Hunter referenced a correction to the AGENDA. The amount
of issuance of Special Revenue Bonds would entail $32 MILLION rather
than $5 MILLION.
There being no further speakers, Mayor Heischober closed the PUBLIC HEARING.
October 22, 1984
7
Item II-I.
PLANNING ITEM 22686
ADD-ON
Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City
Council Scheduled RECONSIDERATION on November 19, 1984, for an Ordinance upon
application of BAYMARK CORPORATION for a Change of Zoning District Classification
from B-2 Community-Business District to R-8 Residential District on a parcel of
land located on Oceana Boulevard just off of General Booth Boulevard in the
Princess Anne Borough. Said application had been DENIED by the Council of
the City of Virginia Beach on September 24, 1984. The Planning Commission
has voted to include a recommendation in the New Comprehensive Plan that this
piece of property be rezoned back to the residential zoning category of the
surrounding residential property.
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, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
None
October 22, 1984
8
Item II-I.1
PLANNING ITEM 22687
Attorney Grover Wright represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
ADOPTED Ordinances upon application of GALLAGHER ASSOCIATES for Changes of Zoning
froip AG-1 and AG-2 to R-8 and in turn the R-8 to PDR-2 with a limitation of 249
units with the P-1 dedication to the City to come at an appropriate time in
the future.
ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 to R-8 Z01084898
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Gallagher Associates for a
Change of Zoning District Classification from AG-1 Agri-
@ultural District to R-8 Residential District on cer-
tain property located 800 feet more or less east of Holland
Road beginning at a point 3400 feet more or less south of
Landstown Road, running a distance of 1153.14 feet in a
northeasterly direction, running a distance of 1062.54 feet
in a southeasterly direction, running a distance of 990.99
feet in a southerly direction, running a distance of 976.95
feet in a westerly direction, running a distance of 117.36
feet in a southwesterly direction, running a distance of
444.73 feet in a northwesterly direction, running a distance
of 503.14 feet in a southwesterly direction, running a distance
of 503.14 feet in a northwesterly direction, running a distance
of 133.62 feet in a southwesterly direction and running a dis-
tance of 149.26 feet in a northwesterly direction. Said parcel
contains 42.319 acres. PRINCESS ANNE BOROUGH
A N D,
ORDlNANCE UPON APPLICATION OF GALLAHER ASSOCIATES FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8
Z01084899
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of Gallagher Associates
for a Change of Zbning Distritt Classification from
AG-2 Agricultural District to R-8 Residential District
on certain property located on the east side of Holland
Road beginning at a point 3400 feet more or less south
of Landstown Road, running a distance of 361.54 feet
along the east side of Holland Road, running a dis-
tance of 651.53 feet in a northeasterly direction,
running a distance of 448.51 feet in a northwesterly
direction and running a distance of 452.91 feet in
a southwesterly direction. Said parcel contains 4.67
acres. PRINCESS ANNE BOROUGH.
October 22, 1984
9
Item II-I.2
PLANNING ITEM # 22687 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFLCATION
FROM R-8 TO PD-H2 Z01084900
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of Gallagher Associates for
a Change of Zoning District Classification from R-8
@esidential District to PD-H2 Planned Unit Development
District on parcels located on the east side of Holland
Road.
Parcel 1: Located on the east side of Holland Road be-
ginning at a point 3400 feet more or less south of Land-
stown Road, running a distance of 361.54 feet along the
east side of Holland Road, running a distance of 651.53
feet in a northeasterly direction, running a distance
of 448.51 feet in a nortbwesterly direction and running
a distance of 452.91 feet in a southwesterly direction.
Parcel 2: Located 800 feet more or less east of Holland
Road beginning at a point 3400 feet more or less south
of Landstown Road, running a distance of 1153.14 feet
in a northeasterly direction, running a distance of 1062.54
feet in a southeasterly direction, running a distance of
990.99 feet in a southerly direction, running a distance
of 976.95 feet in a westerly direction, running a distance
of 117.36 feet in a southwesterly direction, running a dis-
tance of 444.73 feet in a northwesterly direction, running
a distance of 240 feet in a southwesterly direction, running
a distance of 503.14 feet in a northwesterly direction,
running a distance of 133.62 feet in a southwesterly di-
rection and running a distance of 149.26 feet in a north-
westerly direction. Said parcels contain 46.989 acres.
PRINCESS ANNE BOROUGH
A N D, DEDICATION to the City of the P-1 Preservation District will be made at an
appropriate time in future (approximately 60 acres).
ORDINANCE UPON APPLICATION OF GALLAGHER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CIASSIFICATION FROM
AG-1 TO P-1
Ordinance upon Application of Gallagher Associates for a
Change of Zoning District Classification from AG-1 Agri-
cultural District to P-1 Preservation District on cer-
tain property located 2500 feet more or less east of
Holland Road beginning at a point 2000 feet more or less
south of Landstown Road, running a distance of 728.51
feet in a northeasterly direction, running a distance
of 2508.70 feet in a southeasterly direction, running
a distance of 987.64 feet in a westerly direction,
running a distance of 990.99 feet in a northerly direction
and running a distance of 1062.54 feet in a northwesterly
direction. Said parcel contains 37.842 acres, PRINCESS
ANN BOROUGH.
These Ordinances sball be effective upon tbe date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second day of October, Nineteen Hundred and Eighty-four.
- 10 -
Item II-I.2
PLANNING ITEM # 22687 (Continued)
Voting: 9-2
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,
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
October 22, 1984
Item II-H.2
PLANNING ITEM 22689
Attorney Robert Cromwell represented the applicant
Upon motion by Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED
an Ordinance AS FURTRER AMENDED* to amend an Ordinance adopted January 15, 1979,
concerning the zoning application of Fralin and Waldron, Inc. for a Change of Zoning
from B-2 to A-4 on Virginia Beach Boulevard (Bayside Borough) at the request of
Dr. and Mrs. Ben Y. Ward.
*The following conditions shall be contained in the Ordinance:
1. That the condition that the zoning to become
effective when funding for elderly housing
iS obdtained is hereby deleted.
2. Application for a Change of Zoning from A-4 to
A-2 is to be submitted within thirty (30) days.
3. That the applicant or the successor in interest
has voluntarily agreed to restrict the property
to eighteen (18) units per acre. The property
to be developed is subject to all applicable re-
gulations and requitements of the A-2 Apartment
District Zoning Classification.
4. That appropriate agreements will be filed and
-corded.
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 22, 1984
- Ila -
AN ORDINANCE TO AMEND AN ORDINANCE
ADOPTED JANUARY 15, 1979 CONCERNING
THE ZONING APPLICATION OF DR. AND
MRS. BEN Y. WARD ON VIRGINIA BEACH
BOULEVARD FROM B-2 to A-4, AS AMENDED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the ordinance adopted January 15, 1979 concerning
the zoning application of Dr. and Mrs. Ben Y. Ward from B-2 to
A-4 on Virginia Beach Boulevard is amended and reordained by the
following:
1. That the condition that the zoning to become
effective when funding for elderly housing
is obtained is hereby deleted.
2. Application for a Change of Zoning from A-4 to
A-2 is to be submitted within thirty (30) days.
3. That the applicant or the successor in interest
has voluntarily agreed to restrict the property
to eighteen (18) units per acre. ro erly
to be developed is subject to all applicable
regulations and requirements of the A-2 Apartment
@istrict Zoning Classification.
4. That appropriate agreements will be filed and
recorded.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach
on the 22 day of October 1984.
JDB:jh
11/1/84
-,o COk'4TEN-r
@@A-,L:; E
October 22, 1984
llb
BEN Y. WARD
and
ESTHER B. WARD huband and wife
TO (COVENANTS AND CONDITIONS)
CI'rY OF VIRGINIA BEACH
THIS AGREE,',IENT, made this 16th day C)f October
1984, by and between BEN Y. WARD ..H B. WARD, husband
and wife
Ocollectively Granl.-or,
party of the first part, and CITY OF VIRGINIA BEACEI, a ','Ipn4cipal
corporation of the Commonwealth of virginia, Grantee, partv of
the second part,
W I T N E S S E T H:
WHEREAS, the Grantor is the owner of a certain parcel of
propertv located in the Bavgide Borouq!i of the Cit,l of
Virg4.nia Beach, containinq 4.5 acres and designated as
on tliit certain
plat entitled " Plat of Npwtnw@ P-ad
prepared by
dated and recordeci
I
in the Office of the Clerk ol@ the Circuit Court of the Ci@@, of
Virqinia Beach, Virqiiiia, in @lap J30ok 4 , at Paqc-, 99-, to @.ihich
reference is @made for a more particular description, said
property hereinafter referred to as the "Provertlv"; znd
WHEREAS, the Grantor has initiated an amendment to the
Zoninq flap of the Ci-ly of Virqinia Beach, VitQinia, by petitio.1
addressed to the Grantee so as to char,.g,, tlie conditions attached
to the zoning classification of the Property by eliminating that
condition which made the prior A-4 zoning subject to the following
115. Zoning to become effective when funding for elderly housing
is obtained."
October -2, 1984
WHEREAS, the Grantee's pOlicY is to provide only for the
orderly developmexit of land for various purposes, including
various residential Ofand commercial] Purposes, throuqh zoninq
and Ot@ier land development legislation; and
WHEREAS, the Grantor acknoicledges that the competinq and
sometimes incompatible development of various types of
residential 0[and commercial) uses conflict and that in order to
permit differing types of uses on and in the area of the Property
and at the same time to recoqnize the effects of chanqe and the
need for recreational facilities and olden space in the area,
certain reasonable conditions qoverninq the use of the Property
for the protection of the community that are not generally
applicable to land similarly zoned are needed to cope wilth the
situation to which the Grantor's rezoning application gives rise;
and
WHEREAS, the Grantor has voluntarily proferred, in
writing, in advance of and prior to the public hearing before the
Grantee, as a part of the proposed amendment to the Zoning Map
with respect to t@e Property, the following reasonable
conditionso related to the phvsical development, o.Deration, and
use of the Property to be adopted as a part of said amendment to
the Zoninq tiap relative and a.pplicable to "he Property, which
have/has7i a reasonable relation to the rezoning and the need for
whi--h is generated by the rezonina;
NOV7, THEREFORE, the Grantor, for Othemselves, their
successors, personal representatives, assigns, qrantees, and
other successors in title or interest, voluntarily and without
any requirement bl, or exaction from the. Grantee or its governinq
body and without any eleTent of compillsion or quid pro quo for
zoning, iezoninq, 0[conditional use permit], site plan, building
permit, or subdivision approval, hereby makes the following
declaration of conditionso alid restrictionsn which shall restrict
and govern the physical develon-,nent, operation, and use of the
Property and herehv covenants and aqrees that this declaration
shall constitute covenants rtinnit,.g with the Property, which shall
Ild
be bindinq tipon the Property and upon all parties and persons
claiming under or through the Grantc)r, Otheir successors,
personal representatives, assiqns, grantees, and Other succesors
in interest or title:
1. Property to be developed subject to all applicable
and requirements of the A-2 Apartment District Zoning
Classification.
2.
3.
4
The above conditionso, havinct been Proferred by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the zoninq ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the
Property and specifically repeals such conditionso. Such
conditionsO shall continue despite a subsequent amendment to the
zoning ordinance even if tlie subseauent amendment is part of a
compreliensive implementation of a new or substantially revised
zoning ordinance until s.necifically ret)ealed. The conditionso,
however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Off4ce of the Circtiit Court of
the City of Virginia Beacli, Ilirgiiiia, and P-xecuted by the record
owner of the Proper.tv at the time of recordation of such
instrument, provided that said instrument is consented to by the
r,rantee in viritinq as evidenc(,d by a certificd copy of an
ordinance or a resolution adopted by the governing body of t
he
Grantee, after a public hearinq before the Crantee which was
advertised pursuant to the provisions of Section 15.1-431 of the
Code of Virqinia, 1950, as amended. Said ordinance or resolution
shall be recorded along with said instrument as conclusive
evidence of such consent, and if not so recorded, said instrument
shall be void.
All references hereinabove to A-4 and A-2 Districts
and to the requirements@ and regulations:applicable thereto refer
to the Comprel,lensive Zoninq Ordin,,,nce and Subdivision Ordinance
of the City of Virginia Beach, Virginia, in force as of the 1-6th
day of october , 1984, which are by this reference
incorporated lierein.
The Grantor covenants and aqrees that:
(1) The Zoninq Adininistrator of the City of Virginia
Beach, Virqinia, shall be vested with all necessary authority, on
behalf of the governing body of the City of Virqinia Beach,
Virqinia, to administer and enforce the foreqoinq conditions and
restrictions, including the authority (a) to order, in writing,
that any noncompliance with such conditions be remedied, and (b)
to bring legal action or suit to insure compliance with such
conditions, includinq mandatory or prohibillorv iniunction,
abatement, damages, or other appropriate action, suit, or
proceedinq;
(2) The failure to meet all conditions and restrictions
shall constitute cause to deny the issuance of any of the
recTuired buildinq or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoninq
Administrator, made pursuant to these provisions, the Grantor
shall petition the governing body for the review tilereof prior to
instituting proceedinqs in court; and
(4) the zonin-, Map itlay sliot,, bv an appropriate symbol on
the man the existence of conditions attachinq to the zoninq of
the Property, and the ordinances and -,he conditions may be made
readily availahle and accessible for public inspection in the
office of the Zoninq Administrator and in tlie Planning
-4-
- llf -
Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virqinia Beach, Virqinia, and
indexed in the names of the Grantor and the Grantee.
MTh~ fore~oin~ conditions and restrictions may also be
enforced by any person residing in a nearby neighborhood or by
any civic leagues representinq any nearby neiqhborhoods, which
civic leagues shall be deemed to
with respect to any legal action
conditions and restrictions.
WITNESS
be persons with standing to sue
brought to enforce the foregoinq
the following signatures and seals:
Ben Y. Ward
(SEAL)
Esther B. Ward
(SEAL)
October 22, 1984
- 12 -
It@m II-H.3a.
PLANNING TTEM # 22690
Richard Browner represented the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance upon application of THE SOUTHLAND CORPORATION for a
Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF THE SOUTHLAND CORPORATION
FOR A CONDIT10NAL USE PERMIT FOR A GAS STATION R01084680
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of the Southland Corporation
for a Conditional Use Petmit for a gas station in con-
nection with a convenience store on certain property
located at the southeast corner of General Booth Boule-
vard and Dam Neck Road, running a distance of 293.35
feet along the south side of Dam Neck Road, running
a distance of 274.25 feet along the eastern property
line, running a distance of 312 feet along the southern
propety line, running a distance of 104 feet along the
east side of General Booth Boulevard and running a dis-
tance of 73 feet in a northeasterly direction. Said
parcel contains 1.545 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Dedication of an appropriate scenic easement in
accordance with City standards and specifications
as per the Master Street and Highway Plan.
2. Privacy fencing to be installed along the Eastern
Property Line.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentv-second 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 22, 1984
Council Members Absent;
None
J. DALE e,M.SOI.' 6'0k.C.P.L CL.7t@
cli@ A@70P.Ey V-POI-IA DE-C@.. VIRC,@II.A 23-5f.-SOC2
4604, 4Z7-4%31
October 30, 1984
Mr. Lyle -Catro
48outhland Corporation
7931 Haltrin Drive
Norfolk, Virginia 23518
Dear Mr. Tatro:
This letter is to confirm our telephone conversation
to the effect that Southland Corporation agrees to provide
appropriate screening between the new 7-11 facility to be
located at Oceana Boulevard and Harper's Road ard the adjacent
residential development. I understand that the screening
will be included on the site plan when it is sub.-,,itted for
approval by the City.
Thank you for your cooperation is this matter.
Very truly yours,
Charles M. Salle,
Assistant City Attorney
CMS/cb
cc: Thomas B. Muehlenbeck, City Manager
Robert Scott, Planning
November 5, 1984
J. DALE SIMSON
CITY ATTORNEY MUNICIPAL CENTER
VIRGINIA 13EACH. VIRGINIA 23.S6-Sooz
(004) 427-4531
November 5, 1984
Vice-Mayor Reba S. McClanan
Councilman Robert E. Fentress
Municipal Center
Virginia Beach, Virginia
Dear COUncilmembers:
in reference to our recent conversation, I enclose a letter
dated October 30, 1984@ whereby, Mr. Lyle Tatro of Southland Cor-
poration has verbally @greed by telephone conversation to provide
appropriate screening between the new Seven-Eleven facility that
is located at Oceana Boulevard and Harpers Road and the adjacent
residential development. Furthermore, it is understood that this
screening may be reviewed at the site plan stage.
You may decide to include this letter as part of the minutes
concerning this use permit that was approved on october 22, 1984.
If you,have any further questions, please give me a call.
Very truly yours,
J. Dale Bimson
JDB:jh
cc: City Clerk
November 5, 1984
- 13 -
Item II-H.3b.
PLANNING ITEM # 22691
Lyle Tatroe represented Southland Corpration
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of THE SOUTHLAND CORPORATION
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF THE SOUTHLAND CORPORATION
FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION R01084681
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of the Southland Corporation for
a Conditional Use Permit for a gasoline service station in
conjunction with a convenience store on certain property lo-
cated at the southwest corner of Oceana Boulevard and Harpers
Road, running a distance of 61.07 feet along the south side of
Harpers Road, running a distance of 180 feet along the western
property line, running a distance of 210 feet along the southern
property line and running a distance of 238.97 feet along the
west side of Oceana Boulevard. Said parcel contains 28,458.5
square feet. PRINCESS ANNE BOROTJGH
The following condition shall be required:
1. Dedication of right-of-way along the frontage on both Oceana
Boulevard and Harpers Road to provide for ultimate 90-foot
rights-of-way as per the Master Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second 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
Council Members Absent:
None
October 22, 1984
- 14 -
Item II-H.4
PLANNING ITEM # 22692
Michael R. Resh, the applicant, represented himself and requested WITHDRAWAL
of the Application
Reference,was also made to the letter from Michael H. Resh, the applicant,
dated September 19, 1984, requesting WITHDRAWAL (said letter is hereby
made a part of the record).
Upon motion by Vice Mayor McClanan, seconded by Councilman Louis Jones, City
Council ALLOWED WITHDRAWAL of the Ordinances upon application of MICHAEL H.
RESH for Changes of Zoning as per the following:
ORDINANCE UPON APPLICATION OF MICHAEL H. RESH FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Ordinance upon application of Michael H. Resh for a Change
of Zoning District Cla8sification from AG-2 Agricultural
District to B-2 Community Business District on certain prop-
erty located on the northeast side of Princess Anne Road be-
ginning at a point 3800 feet northwest of North Landing Road,
running a distance of 400 feet more or less in a northwesterly
direction, running a distance of 20.25 feet in a southwesterly
direction, running a distance of 100 feet in a northwesterly
direction, running a distance of 605 feet in a northeasterly
direction, running a distance of 315 feet in a southeasterly
direction and running a distance of 571.70 feet in a south-
westerly direction. Said parcel contains 5.4 acres. PRINCESS
ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF MICHAEL H. RESH FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 TO 0-1
Ordinance upon application of Michael H. Resh for a Change of
Zoning District Classifitation from AG-1 Agricultural District to
0-1 Office District on certain property located 600 feet northeast
of Princess Anne Road beginning at a point 3200 feet more or less
northwest of North Landing Road, running a distance of 660 feet
more or less in a northwesterly direction, running a distance of
50 feet more or less in a northeasterly direction, running a dis-
tance of 170 feet more or less in a northwesterly direction, running
a distance of 575 feet more or less in a northeasterly direction,
running a distance of 821.28 feet in a southeasterly direction and
running a distance of 580 feet more or less in a southwesterly
direction. Said parcel contains 10.8 acres more or less. PRINCESS
ANNE BOROUGH.
A N D,
October 22, 1984
- 15 -
Item II-H.4
PLANNING ITEM # 22693 (Continued)
ORDINANCE UPON APPLICATION OF MICHAEL H. RESH FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM AG-2 to 0-1
Ordinance upon application of Michael H. Resh for a Change
of Zoning District Classification from AG-2 Agricultural
District to 0-1 Office District on certain property located
370 feet more or less northeast of Princess Anne Road be-
ginning at a point 3100 feet more or less northwest of
North Landing Road, running a distance of 440 feet more
or less in a northwesterly direction, running a distance
of 89 feet in a southwesterly direction, running a distance
of 567 feet more or less in a northwesterly direction, running
a distance e of 670 feet more or less in a southeasterly di-
rection, running a distance of 30 feet more or less in a south-
westerly direction, running a distance of 340 feet in a south-
easterly direction and running a distance of 170 feet more or
less in a southwesterly direction. Said parcel contains 1.5
acres more or less. PRINCESS ANNE BOROUGH.
A N D
ORDINANCE UPON APPLICATION OF MICHAEL H. RESH FOR A CHANGE OF
ZONING DLSTRICT CLASSIFICATION FROM AG-1 TO B-2
Ordinance upon application of Michael H. Resh for a Change of
Zoning District Classification from AG-1 Agricultural District
to B-2 Community Business District on certain property located
600 feet northeast of Princess Anne Road beginning at a point
3900 feet more or less northwest of North Landing Road, running
a distance of 150 feet more or less in a northwesterly direction,
running a distance of 80 feet more or less in a northeasterly
direction, running a distance of 170 feet more or less in a south-
easterly direction and running a distance of 70 feet more or less
in a southwesterly direction. Said parcel contains 13,068 square
feet more or less. 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 22, 1984
- 16 -
Item II-H.5
PLANNING ITEM # 22694
Attorney Grover Wright represented the applicant
Sheridan Barber, President of the Red Mill Farm Civic Association, and Me@er
of Courthouse/Sandbridge Coalition of Civic Leagues, spoke in opposition
Edna Grimstead, President of the Dam Neck Area Civic League, spoke in opposition
Upon Motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance upon application of THOMAS MAYNARD MALBON and PAUL E.
MALBON for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF THOMAS MAYNARD MALBON AND
PAUL E. MALBON FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-2 TO R-8 Z01084901
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Thomas Maynard Malbon and Paul
E. Malbon for a Change of Zoning District Classification
from AG-2 Agricultural District to R-8 Residential District
on certain property located on the south side of Old Dam Neck
Road beginning at a point 1200 feet more or less southeast
of Dwyer Road, running a distance of 830 feet more or less
along the south side of Old Dam Neck Road, running a distance
of 565.60 feet along the eastern property line, running a
distance of 825.22 feet along the southern property line and
running a distance of 538.51 feet along the western property
line. Said parcel contains @799;' 4.739 acres*. PRINCESS ANNE BOROUGH.
*As corrected by Attorney Grover Wright.
The following condition shall be required:
A deed restriction has been submitted to the City Attorney's
Office which restricts the density to a maximum of 4 units
per acre, single family detached units. This document is
to be recorded in the Office of the Clerk of the Circuit
Court.
Prior to the changing of the official zoning maps, the following condition
will be met:
A variable width right-of-way dedication along the frontage on
Old Dam Neck Road, 33 feet from the centerline to provide for
an ultimate 66-foot right-of-way as per the Master Street and
Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second 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
*All Four MALBON APPLICATIONS were ADOPTED in ONE MOTION.
- 17 -
Item II-H.6
PLANNING ITEM # 22695
Attorney Grover Wright represented the applicant
Sheridan Barber, President of the Red Mill Farm Civic Association, and Member
of Courthouse/Sandbridge Coalition of Civic Leagues, spoke in opposition
Edna Grimstead, President of the Dam Neck Area Civic League, spoke in opposition
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOTED an Ordinance upon application of MICHAEL S. MALBON for a Change of
Zoning per the following:
ORDINANCE UPON APPLICATION OF MICHAEL S. MALBON FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
R-8 Z01084902
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Michael S. Malbon for a Change
of Zoning District Classification from AG-2 Agricultural
District to R-8 Residential District on certain property
located on the south side of Old Dam Neck Road beginning
at the intersection with Dwyer Road, running a distance
of 225.70 feet along the south side of Old Dam Neck Road,
running a distance of 459.97 feet along the eastern property
line, running a distance of 225 feet along the southern
property line and running a distance of 477.64 feet along
the western property line. Said parcel is located at 895
Old Dam Neck Road and contains 2.419 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
A deed restriction has been submitted to the City Attorney's
Office which restricts the density to a maximum of 4 units
per acre, single family detached units. This document is
to be recorded in the Office of the Clerk of the Circuit
Court.
Prior to the changing of the official zoning maps, the following condition
will be met:
A variable width right-of-way dedication along the frontage on
Old Dam Neck Road, 33 feet from the centerline to provide for
an ultimate 66-foot right-of-way as per the Master Street and
Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second dav 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: october 22, 1984
None
- 18 -
Item II-H.7
PLANNING ITEM # 22696
Attorney Grover Wright represented the applicant
Sheridan Barber, President of the Red Mill Farm Civic Association, and Member
of Courthouse/Sandbridge Coalition of Civic Leagues, spoke in opposition
Edna Grimstead, President of the Dam Neck Area Civic League, spoke in opposition
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance upon application of W. R. MALBON, JR., for a Change of
Zoning per the following:
ORDINANCE UPON APPLICATION OF W. R. MALBON, JR., FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 Z01084903
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. R. Malbon, Jr., for a Change of
Zoning District Classification from AG-1 Agricultural District to
R-8 Resident al District on certain property located 654.13 feet
south of Old Dam Neck Road beginning at a point 550 feet more or
less east of Dwyer Road, running a distance of 470.40 feet along
the northern property line, running a distance of 375 feet along
the eastern property line, running a distance of 470.40 feet along
the southern property line and running a distance of 375 feet along
the western property line. Said parcel is located at 875 Old Dam
Neck Road and contains 4.05 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. A deed restriction has been submitted to the City,
Attorney's Office which restricts the density to a
maximum of four units per acre, single-family detached
units. This document is to be recorded in the Office
of the Clerk of Circuit Court.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second dav of October- Ninet0en 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
*All Four MALBON APPLICATIONS were ADOPTED in ONE MOTION.
October 22, 1984
- 19 -
Item II-H.8
PLANNING ITEM # 22697
Attorney Grover Wright represented the applicant
Sheridan Barber, President of the Red Mill Farm Civic Association, and Member
of Courthouse/Sandbridge Coalition of Civic Leagues, spoke in opposition
Edna Grimstead, President of the Dam Neck Area Civic League, spoke in opposition
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance upon application of W. R. MALBON, JR., for a Change of
Zoning per the following:
ORDINANCE UPON APPLICATION OF W. R. MALBON, JR., FOR A
CRANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
R-8 Z01084904
BE IT HEREBY ORDAINED BY THE COUNCIL OF TRE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of W. R. Malbon, Jr., for a Change of
Zoning District ClassificAtion from AG-2 Agricultural District to
R-8 Residential District on certain property located on the north
side of Culver Lane beginning at a point 513.84 feet east of General
Booth Boulevard, running a distance of 260.2 feet along the north
side of Culver Lane, running a distance of 210 feet in a northerly
direction, running a distance of 210 feet in an easterly direction,
running a distance of 509.4 feet in a northerly direction, running
a distance of 457 feet along the northern property line and running
a distance of 751.9 feet along the western property line. Said
parcel contains 6.9 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
A deed restriction has been submitted to the City Attorney's
Office which restricts the density to a maximum of 4 units
per acre, single family detached units. This document is
to be recorded in the Office of the Clerk of the Circuit
Court.
Priot to the changing of the official zoning maps, the following condition shall
be met:
A dedication of 30 feet along the frontage of Culver Lane to
provide for an ultimate 90-foot right-of-way as per the Master
Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second day bf Ottobet, 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:
- 20 -
Item 11-H.9
PLANNING ITEM # 22698
Attorney Grover Wright represented the applicant and presented a REVISED SITE PLAN
entitled "THE BROWN PROPERTY" for GOODMAN-SEGAR-HOGAN, INC. dated october 22, 1984
(said site plan is hereby made a part of the record).
Opposition:
Attorney Moody E. Stallings, represented a Coalition of Civic Leagues and
presented Council with letters from Michael P. Rashkind/ Dam Neck Properties,
W. W. Reasor/Lakeside Construction Corporation, and Michael H. Resh/ M.H.
Resh & Co.,Inc. (said letters are hereby made a part of the record.)
Sandra Tainter, spoke for Betty Wells of the Virginia Beach Resort Area
Advisory Commission, and is a member of the Red Mill Farm Civic League
Lou Pace, resident of Hunt Club Forest
The following were in attendance and registered in opposition but
chose not to speak:
Sheridan Barber
Rick Titi
Franklin E. Zurschmit
Glenn Tainter
Michael L. Avery
Sam Houston, Sr., spoke concerning housing for the elderly and was neither
for nor against the application.
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City
Council ADOPTED Ordinances upon application of GOODMAN SEGAR HOGAN, INC. for
Changes of Zoning to R-8 Residential District and from R-8 to PD-H2 Overlay
as per the following:
ORDINANCE UPON APPLICATION OF GOODMAN SEGAR HOGAN, INC. FOR A
CRANGE OF ZONING DISTICT CLASSIFICATION FROM AG-1 to R-8
Z01084905
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Goodman Segar Hogan, Inc. for a
Change of Zoning District Clasification form AG-1 Agricultural
District to R-8 Residential District on certain property located
600 feet northwest of General Booth Boulevard beginning at a
point 1550 feet more or less noitheast of London Bridge Road,
running a distance of 950 feet iii a northeasterly direction,
running a distance of 380 feet in a northwesterly direction,
running a distance of 200 feet in a northeasterly direction,
running a distance of 1350 feet in a northwesterly direction,
running a distance of 650 feet in a southwesterly direction,
running a distance of 1050 feet in a southerly direction, and
running a distance of 960 feet in a southeasterly direction.
Said parcel contains 34.140 acres. PRINCESS ANNE BOROUGH.
A N D,
October 22, 1984
- 21 -
Item II-H.9
PLANNING ITEM # 22698 (Continued)
ORDINANCE UPON APPLICATION OF GOODMAN SEGAR HOGAN, INC., FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8
Z01084906
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Goodman Segar Hogan, Inc., for a
Change of Zoning District Classification from AG-2 Agricultural
District to R-8 Residential District on certain property located
on the west side of General Booth Boulevard beginning at a point
1900 feet more or less northeast of London Bridge Road, running
a distance of 570 feet along the west side of General Booth Boulevard,
running a distance of 600 feet in a northwesterly direction, running
a distance of 950 feet in a southwesterly direction, running a dis-
tance of 120 feet in a southeasterly direction, running a distance
of 100 feet in a northeasterly direction and running a distance of
460 feet in a southeasterly direction. Said parcel contains 9.261
acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF GOODMAN SEGAR HOGAN, INC. FOR A
CHANGE OF ZONING DTSTRICT CLASSIFICATION FROM R-3 TO R-8
Z01084907
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon applcation of Goodman Segar Hogan, Inc., for a
Change of Zoning Distritt Classification from R-3 Residential
District to R-8 Residential District on certain property located
on the Northeast side of London Bridge Road beginning at a point
800 feet more or less northwest of General Booth Boulevard, running
a distance of 1850 feet more or less along the northeast side of
London Bridge Road, running a distance of 600 feet in a northeasterly
direction, running a distance of 500 feet in a northerly direction,
running a distance of 1040 feet in a northeasterly direction, running
a distance of 1050 feet in a southerly direction, running a distance
of 960 feet in a southeasterly direction, running a distance of 420
feet in a southwesterly direction, running a distance of 400 feet
in a northwesterly direction, running a distance of 700 feet in a
southwesterly direction, running a distance of 100 feet in a south-
easterly direction and running a distance of 180 feet more or less
in a southwesterly direction. Said parcel contains 57.219 acres.
PRINCESS ANNE BOROUGH.
A N D,
October 22, 1984
- 22 -
Item II-H.9
PLANNING ITEM # 22698 (Continued)
ORDINANCE UPON APPLICATION OF GOODMAN SEGAR HOGAN, INC., FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2
Z01084908
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Goodman Segar Hogan, Inc., for a
Change of Zoning District Classification from R-8 Residential
District to PD-H2 Planned Unit Development District on certain
property located at the northwest intersection of London Bridge
Road and General Booth Boulevard, running a distance of 2650
feet more or less along the northeast side of London Bridge Road,
running a distance of 600 feet in a northeasterly direction, running
a distance of 500 feet in a northerly direction, running a dis-
tance of 1690 feet in a northeasterly direction, running a dis-
tance of 1350 feet in a southeasterly direction, running a dis-
tance of 200 feet in a southwesterly direction, running a dis-
tance of 980 feet in a southeasterly direction, running a dis-
tance of 570 feet in a southwesterly direction, running a dis-
tance of 460 feet in a northwesterly direction, running a distance
of 520 feet in a southwesterly direction, running a distance of 400
feet in a northwesterly direction, running a distance of 700 feet in
a southwesterly direction, running a distance of 100 feet in a south-
easterly direction, and running a distance of 180 feet in a southwesterly
direction. Said parcel contains 100.584 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. A limitation of 283 single-family detached units at three
units per acre.
2. Acceptance of the AMENDED site plan presented on behalf of
the applicant.
3. 6.29 acres shall be set aside for a church.
Prior to the changing of the official zoning maps, the following conditions
will be met:
1. Dedication of right-of-way for the proposed relocation of London
Bridge Road to provide for an ultimate 90 foot right-of-way as
per the Master Street and Highway Plan and in accordance with
the preliminary alignment on file in the City Engineer's Office.
2. Dedication of scenic easements and no ingress/egress easements
along Oceana Boulevard in accordance with City standards and
specifications as per the Master Street and Highway Plan.
These Ordinances shal be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Veach, Virginia, on the
Twenty-second day of October, Nineteen Hundred and Eighty-Four.
October 22, 1984
- 23 -
Item II-H-9
PLANNING ITEM # 22698 (Continued)
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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining'
Robert G. Jones*
*Councilman Robert Jones ABSTAINED as he had been involved in negotiations
regarding the aforementioned church site and wife serves on the long range
Planning Committee that is interested in same.
october 22, 1984
- 24 -
Item II-H.9b.
PLANNING ITEM # 22699
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED Ordinances upon application of GOODMAN SEGAR HOGAN, INC. for Changes
of Zoning as per the following:
ORDINANCE LTON APPLICATION OF GOODMAN SEGAR HOGAN, INC., FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
zoIO84909
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
ordinance upon application of Goodman Segar Hogan, Inc. for a
Change of Zoning Distict Clagsification from AG-2 Agricultural
District to B-2 Community Business District on certain property
located on the west side of General Booth Boulevard beginning
at a point 1650 feet more or less north of London Bridge Road,
running a distance of 460 feet along the northern property line,
running a distance of 120 feet along the western property line and
running a distance of 510 feet along the southern property line.
Said parcel contains 2.157 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF GOODMAN SEGAR HOGAN, INC., FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO B-2
Z01084910
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Goodman Segar Hogan, Inc., for a
Change of Zoning Distritt Classification from R-3 Residential
District to B-2 Community District on certain property located at
the northeast corner of London Bridge Road and General Booth Boule-
vard, running a distnce of 800 feet along the northeast side of
London Bridge Road, running a distance of 180 feet in a north-
easterly direction, running a distance of 100 feet in a northwesterly
direction, running a distance of 700 feet in a northeasterly direction,
running a distance of 400 feet in a southeasterly direction, running
a distance of 420 feet in a northeasterly direction, running a distance
of 510 feet in a southeasterly direction, running a distance of 100
feet in a southwesterly direction, running a distance of 110 feet in
a westerly direction, running a distance of 120 feet in a southwesterly
direction, running a distance of 110 feet in a southeasterly direection,
running a distance of 1200 feet in a southwesterly direction and running
a distance of 110 feet in a westerly direction. Said parcel contains
24.884 acres. PRINCESS ANNE BOROUGH.
October 22, 1984
- 25 -
Item II-H.9b.
PLANNING ITEM # 22699 (Continued)
The following conditions shall be required:
1. Where residential or the church property abuts the commercial
site, a berm shall be constructed.
2. Acceptance of the AMENDED site plan presented on behalf of
the applicant.
Prior the changing of the official zoning maps, the following conditions
will be met:
1. Dedication of right-of-way for the proposed relocation of London
Bridge Road to provide for an ultimate 90-foot right-of-way as
per the Master Street and Highway Plan and in accordance with
the preliminary alignment on file in the City Engineer's Office.
2. Dedication of scenic easements and no ingress/egress easements
along Oceana Boulevard in accordance with City standards and
specifications as per the Master Street and Highway Plan.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-second day of October, Nineteen Hundred and Eighty-four.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, and Meyera E. Oberndorf
Council Members Abstaining:
Robert G. Jones
Council Members Absent: October 22, 1984
None
- 26 -
Item 1I-J.la-b.
RESOLUTIONS ITEM # 22700
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT
REVENUE BONDS to the following:
BCF PROPERTIES ($ 950,000)
THALIA WAYSIDE ASSOCIATES ($ 600,000)
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 tleyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 22, 1984
SUWIARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: BCF Properties, a Virginia
General Partnership
2. LOCATION: Two (2) parcels of land located
on southwest corner of Independence
Boulevard and Columbus Street,
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: Acquire, construct and equip a
12,000 square foot office building.
4. AMOUNT OF BOND ISSUE: $ 950,000.00
5. PRINCIPALS: Robert Alvin Barker, partner
William T. Campbell, partner
A. Palmer Farley, partner
6. ZONING CLASSIFICATION:
a. Present zoning
classification of
the Property B-3
b. Is rezoning
Pro,Dosed? Yes No X
C. If so, to what
zoning classification? n/a
FISCAL IMPACT STATE14ENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: August 30, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAbiE: BCF Properties, a Virginia General Partnership
TYPE OF FACILITY: 12,000 Square Foot office Building
1. Maximum amount of financing sought. $ 950,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality. $ 725,000.00
3. Estimated real property tax Der year using
present tax rates. $ 8,000.00
4. Estimated persojial property tax per year
using present tax rates. $ 800.00
5. Estimated merchants' capital (business
license) tax per year using present tax
rates. $ 6,000.00
6. Estimated dollar value per year of goods
and services that will be purchased locally. $ 2,000,000.00
7. Estimated number of regular employees on
year round basis. 40
B. Average annual salary per employee. $ 25,000.00
The information contained in this Statement is based solely on
facts and estimates provided by ti.@ Applicant, and the Authority
has made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
B
y
Chakrttin
ECONOMIC IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: August 30, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: BCF Properties, a Virginia General Partnership
TYPE OF FACILITY: 12,000 Square Foot office Building
1. Amount of investment $ 950,000
2. Amount of industrial revenue bond financing
sought $ 950,000
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Beach $ 725,000
4. Estimated real property tax per year using
present tax rate $- 8,000
5. Estimated personal prop6rty tax $- 800
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 15
B. Payroll generated $ 375,000 Av. Wage $ 25,000
C. Nurwer of jobs retained -25
D. Payroll retained $625,000 Av. Wage $ 25,000
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
tin $507,000
TV/Radio Production $200,000
hone $ 30,000
Insurance $ 21,000
office Supplies $ 22,000
Entertainment $ 20,000
Photography $100,000
Typography $100,000
Media $1,000,000
TOTAL $2,000,000
F. Estimated building permit fee and other municit?al
fees $ 15,220
G. Estimated construction payroll $272,250
H. Estimated value of construction
material to be purchased within
.the City of Virginia Beach $332,750
I. Estimated number of construction
jobs 12-18 jobs for 8 months
J. Any other items which the api?licant
feels the Authority should be made
aware of in evaluating the project BC&F anticipates being a major
regional advertising and public relations agency. This will gen-
erate new jobs in the future and we will be handling significant
work from outside the area, but using local suppliers to create
the necessary material.
7. Is the site currently zoned for the sDecific use being proposed
for industrial revenue bond financing? Yes X No--
B. Has a bond purchase agreement/commitment been accepted by the
applicant? (attach a copy) Yes- No X Final agreement forth-
coming by 10/19/84.
9. Will the bond financing close within 90 days from the date of adoption
of the inducement resolution? Yes X No-
10. Location of project (attach location map) (See attached map
11. Explanation of alternative financing that has been reviewed
for project. At this time, IRB financing is the only method
that makes the project feasible.
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
0
Subscribed and sworn to before me this day o'
1984.
Notary Public(-)
My Commission Expires;--7@@@,?@
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 BCF Properties, a Virginia general
partnership (the "Company"), for the issuance of the Author-
ity's industrial development revenue bonds in an amount
estimated at $950,000.00 (the "Bonds") to assist in the
financing of the Company's acquisition, construction, and
equipping of an office building facility, containing
approximately 12,000 square feet, for lease to Communica-
tions Consultants, Inc., a Virginia corporation, for use in
its advertising and public relations business (the
"Facility"), such Facility to be located on two (2) parcels
of land containing in the aggregate approximately 37,623
square feet located on the southwest corner of the inter-
section of Independence Boul-evard and Columbus Street, in
Virginia Beach, Virginia, and has held a public hearing
thereon; and
WHEREAS, the Authoritv has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City"), 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, 1950, as amended (the "Act"); and
WHEREAS, pursuant to Section 15.1-1378.1, Code of
Virginia, 1950, as amended, a copy of the Authority's Reso-
lution approving the plan of financing and the issuance of
the bonds, subject to terms to be agreed upon, and a reason-
ably detailed summary of the comments expressed at the
public hearing, if any, and a Fiscal Impact Statement has
been filed with the Council of the City of Virginia Beach,
Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the plan of financing of and the issuance
of the bonds by the City of Virqinia Beach Development
Authority, for the benefit of BCF Properties to the extent
of and as required by Section 103(k) of the Internal Revenue
Code and Section 15.1-1378.1, to permit the Authority to
assist in the fi.nancing of the Facilitv.
2. The approval of the plan of financing and the
issuance of the bonds, as required bv 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 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. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby dis-
claims all liability for any damages to any person, direct
or consequential, resulting from (1) the Authority's failure
to issue bonds for the Facili.ty 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 issu-
ance of bonds for the Facility to allocate a portion of its
allowable industrial development bond volume to the Facility
if the issuance of tax-exempt bonds by the Authority is
restricted by any State or Federal statute now or hereafter
enacted.
4. This Resolution shall be in effect from and after
its adoption.
ADOPTED: October 22 1984.
EFFECTIVE: 1984.
CERTIFICATE
The undersigned City Clerk 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 at a meeting held on
, 1984, in accordance with law, and that
such Resolu ion as not been repealed, revoked, rescinded,
or amended, but is in full force and effect as of the date
hereof.
WITNESS my hand and seal, this _ day of
1984.
City Clerk
-2-
w Du
LAI
LAMFL
t.7 h-
2.690.000 PT
Joins Map w Del ^LE
GR.D 2.700.1
PROJECT NP21E: BCF Properties
PROJECT ADDRESS:. Two (2) parcels on southwest corner
of intersection of Independence Boulevard
and Columbus Street, Virginia Beach,
Virginia, 23452
TYPE OF PROJECT: Office building.
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Thalia Wayside Associates
2. LOCATION: 4000 Virginia Beach Boulevard
Virginia Beach, Virginia' 23452
3. DESCRIPTION OF PROJECT: 10,200 square foot building for 8-10
retail shops
4. AMOUNT OF BOND ISSUE: $600,000.00
S. L. Nusbaum & Co., Inc.
5. PRINCIPALS: Joseph Mersel
V. H. Nusbaum, Jr.
Alan Nii,;haum
Henry A. Shook
Stanlgy 1. Harrison
Alan L. No@dlinger
Robert C@ Nusbaijm
Richard M. Jacobson
Richard -i"
': Air,,
Wendell C Fra klin
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property Commercial/Shoppina Cen er
b. Is rezoning proposed? Yes No x
C. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: August 22, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Thalia Wayside Associates
TYPE OF FACILITY: 10,200 square foot building for 8-10 retail shops
1. Maximum amount of financing sought $6QO,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $600,000.00
3. Estimated real property tax per year
using present tax rates $ 7,200.00
4. Estimated personal property tax per
year using present tax rates $ i ooo.oo
5. Estimated merchants' capital (business
license) tax per year using present tax
rates $ 5,300,00-
6. Estimated dollar value per year of goods
and services that will be purchased
locally $
7. Estimated number of regular employees on
year round basis $ 35
8. Average annual salary per employee $ lg.nnn.oo
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with repect
thereto.
City of Virginia Beach
Development Authority
BY w@ll
Chairm
Economic Impact Statement
1. Amoun@ of investment $600,000
2. Amount of industrial revenue bond financing
sought $600,000
3. Estimated taxable value of the facility's
real property to be constructed in the C'ity
of Virginia geach $600,000
4. Estimated real property tax per year using
present tax rate $ 7,200
S. Estimated personal property tax $ i -ODD
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 35
B. Payroll generated 525_000 Av. Wage is.000
C. Number of jobs retainbd,
D. Payroll retained $ Av. Wage $
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
-insurance, motor vehicles, etc.):
Type Value
Tenant inventory $ 150,000
d maint. suppl
TOTAL S 175,000
F. Estimated building permit fee and other municipal
'fees
s ?.000
G.,.EstiMated construction payroll $125,000
H. Estimated value of construction material
to be Purchased within the City of
Virginia Beach
$ 26,000
1. Estimate@ number of,constru,:tio. jobs 75
J. Any other items which the applicant Ifeels
tbe Authority should be made aware of in
evaluating the project
7. Is the site currently zoned for the use of being proposed
for industrial revenue bond @ginancing? , Yes -X No
8. Has a bcnd purchase ag.reement/commitren" been accepted by
the applicant? (attach a,copy) Yes X
9. Will the bond, financing close within 90 days from the
date of adoption of the inducement resolution? Yes X
No
10. Loocation of project (attach location map)
11. Explanation of alternative financing that has been
reviewed for project
r hereby certify that the information stated in t
8c,,n@,nic I he above
mpdct Statement-is accurate -nd true in all respec'ts.
Subscribed and
1984. sworn to befc
My Commission ExPires:
3
NIA
@VIR,
1 2
PROJECT NAME: THALIA WAYSIDE ASSOCIATES
PROJECT ADDRESS: 4000 VIRGINIA BEACH BOULEVARD
TYPE OF PROJECT: COMMERCIAL
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 22 day of October , 1984.
On motion by Councilman mcc gXd seconded byc,,.ncilman Fentress
the following Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO THALIA WAYSIDE ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the "Authority"), has considered the appli-
cation of Thalia Wayside Associates (the "Company") for the issuance
of the Authority's industrial development revenue bond or bonds in an
amount estimated at $600,000.00 (the "Bonds") to assist in the
financing of the Company's acquisition, construction, and equipping of
an approximately 10,200 square foot building for retail shops at
Loehmann's Plaza, 4000 Virginia Beach Boulevard (the "Project"), in
Virginia Beach, Virginia, and has held a public hearing thereon on
September 11, 1984.
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 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 approves the issuance of the Bonds by the
Authority for the benefit of Thalia Wayside Associates, to the extent
required by Section 103(k) of the Internal Revenue Code, to permit the
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, 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 Cormonwealth, the City, or the
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,
Virginia, on October 22, 1984.
WLN #10/THAL-VBR - 2 -
- 27 -
Item II-J.2.a
RESOLUTIONS ITEM # 22701
Attorney Barry Hunter of Kaufman and Canoles was in attendance.
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED the following Resolution :
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE
BONDS FROM THE PORTSMOUTH REDEVELOPMENT AND HOUSING
AUTHORITY IN THE AMOUNT OF 44TGGOTGQG $32,000,000*
TO REGENCY APARTMENTS ASSOCIATES.
*Attorney Barry Hunter referenced a correction to the AGENDA. The amount
of issuance of Special Revenue Bonds would entail $32 MILLION rather
than $5 MILLION.
Attorney Hunter further referenced the fee of $130,000 to the Portsmouth
Redevelopment and Housing Authority will be paid at time of Closing.
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
*Verbal A)re
October 22, 1984
RESOLUTION OF THE CITY COUNCIL
OF VIRGINIA BEACH DECLARING A
NEED FOR PORTSMOUTH REDEVELOPMENT AND
HOUSING AUTHORITY TO ISSUE MULTI-FAMILY
RENTAL HOUSING BONDS FOR
REGENCY APARTMENTS ASSOCIATES LIMITED PARTNERSHIP
WHEREAS, pursuant to Section 36-23 of the Code of
Virginia of 1950, as amended, the City Council (the Council)
of the City of Virginia Beach, Virginia (the City) has held a
public hearing for the purpose of determining whether (i)
insanitary or unsafe inhabited dwelling accommodations exist
in the City, or (ii) there is a shortage of safe or sanitary
dwelling accommodations in the City available to persons of
low income at rentals they can afford, and that these
conditions can best be remedied through the exercise by the
Portsmouth Redevelopment and Housing Authority of its powers
under the Virginia Housing Authorities law within the
territorial boundaries of the City; and
WHEREAS, Regency Apartments Associates Limited
Partnership (the Company), has requested the Portsmouth
Redevelopment and Housing Authority to assist the Company in
its acquisition and rehabilitation of a eight hundred
sixty-two (862) unit multi-family rental housing project (the
Project) known as the Regency Apartments, located at 2100
Westminister Lane in the City by issuing up to Thirty-Two
Million Dollars ($32,000,000) of its Multi-family Rental
Housing Bonds (the Bonds); and
WHEREAS, twenty percent (20%) of the units in the
Project will be occupied by individuals or families of low or
moderate income as defined in Treasury Regulations Section
1.103-8(b)(8)(v);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council hereby determines and finds (i)
that insanitary or unsafe inhabited dwelling accommodations
exist in the City, (ii) that there is a shortage of safe or
sanitary dwelling accommodations in the City available to
persons of low income at rentals they can afford, and (iii)
that these conditions can be best remedied through the
exercise by the Portsmouth Redevelopment and Housing
Authority of its powers within the City, including
specifically the issuance of the Bonds.
2. The Council hereby declares that there is a
need for the Portsmouth Redevelopment and Housing Authority
to exercise its powers in the City by issuing the Bonds.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by a quorum of the Council of the City of
Virginia Beach, Virginia, on october 22, 1984.
SUMMARY SHEET
CITY OF VIRGINIA BEACii DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY PORTSMOUTII REDEVELOPMENT AND IIOUSING AUTIIORITY
1. PROJECT NAME: REGENCY APARTMENTS
2. LOCATION: 2100 Westininist(-@r Laiie
Virginia Beach, Virginia
3. DESCRIPTION OF PROJECT: 862 Unit Multi-Family Rental
Housing Project
4. AMOUNT OF BOND ISSUE: $32,000,000
5. PRINCIPALS: AmReal Realty, Inc. and
N. Barton Tuck, Jr.
6. ZONING CLASSIFICATION:
a. Present zoning
classification
of the Property: A-1
b. Is rezoning proposed? No
C. if so, to what zoning
classification? N/A
The purpose of this Resolution is to approve Portsmouth
Redevelopment and Housing Authority's issuance of its Special
Revenue Bond for the benefit of Regency Apartments Associates
Limited Partnership.
A fiscal impact statemeiit is attached to and submitted
with Lhis Resolutioit.
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: August 15, 1984
TO: TIIE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: REGENCY APARTMENTS
TYPE OF FACILITY 862 Unit MUlti-Family Rental flousing
Project
1. Maximum amount of financing sought $32,000,000
2. vztltlc of tlie
.facility's real property to be
constructed in the muni&ipality $ 4,163,460
3. Estimated real property '--ax per
year using present tax rates $ 256,000
4. Estimated personal property tax
per year using present tax rates $ 35,000
5. Estimated merchants' capital
(business license) tax per
year using present tax rates $ N/A
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 1,300,000
7. Estimated number of regular
eiiiployees on yeir round basis 24
8. Average annual salary per employee $ 13,500
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
tlie Authority has inade no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By W,,
Chairjoffi
PROJECT Nk?IE- REGENCY APARTMENTS
PROJECT ADDRESSI 2100 Westminister Lane, N7irqinia Beach, @TA
TYPE OF PROJECT- rental housing project
- 28 -
Item II-J.2b
RESOLUTIONS ITEM # 22702
Upon motion by Councilman McCoy, seconded by Councilman Fentress, City
Council ADOPTED the following Resolution:
RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS
FROM THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY IN THE
AMOUNT OF $5,000,000 TO BIRDNECK APARTMENTS ASSOCIATES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Greecht Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jonesf 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
*Verbal Aye October 22, 1984
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
BIRDNECK APARTMENT ASSOCIATES
1 - PROJECT NAME: (RIVERBEND APARTMENTS)
2. LOCATION: 6.2 acres located near the,southeast corner
of the intersection of Vir@inia Beach
Boulevard and Birdneck Road, Virginia Beach, Va
3. DESCRIPTION OF PROJECT: 112 apartment units located in 14 buildings wit
separate office and maintenance'building and
swimming pool.
4. AMOUNT OF BOND ISSUE: $5,000.000.00
5. PRINCIPALS: I,-wi, Rprtnn Rpavig
Thomas P. Kapsha
Vincent R. Olivieri
Bernie J.-Grablowsky
6. ZONING CLASSIFICATION:
a. Present ioning
classification of the
Property
b. Is rezoning proposed? Yes No X
c. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: October 15, 1984
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: BIRDNECK APARTMENT ASSOCIATES
TYPE OF FACILITY: 112-unit multi-family residential rental apartment
project known as Riverbend Apartments.
1. Maximum amount of financing sought $ 5,000,000.00
2. EStimated taxable value of the facility's
real property to be constructed in the
municipality $ 4,000,000.00
3. Estimated real property tax per year
using present tax rates $ 32,000.00
4. Estimated personal property tax per
year using present tax rates $ 1 500.00
5. EStimated merchants' capital (business
license) tax per year using present tax 3,096.76
rates $
6. Estimated dollar value per year of goods
and services that will be purchased 48,000.00
locally $
7. Estimated number of regular employees on
year round basis $ 3
8. Average annual salary per employee $ i s.000-nn
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.
By Cgairman
RESOLUTION
WHEREAS, Birdneck Apartment Associates, a Virginia limited
partnership (the "Developer"), desires to acquire, construct and equip
a multi-family housing project consisting of 112 housing units and
associated amenities (the "Project") at the Southeast corner of
Virginia Beach Boulevard and Birdneck Road in the City of Virginia
Beach, Virginia, and to operate the Project so as to make available at
least 20% of the housing units to person of low or moderate income;
and
WHEREAS, the City of Virginia Beach wishes to foster the
availability of housing to persons of low or moderate income; and
WHEREAS, the Developer desires to finance the acquisition,
construction and equipping of the Project with the proceeds of
industrial development bonds exempt from taxation pursuant to Section
103(b)(4)(A) of the Internal Revenue Code; and
WHEREAS, the Suffolk Redevelopment and Housing Authority has
the power to make loans for assistance in housing construction by
private sponsors, and has the power to issue its bonds for the benefit
of the Developer to make such a loan; and
WHEREAS, there is a shortage of safe or sanitary dwelling
accommodations in the City of Virginia Beach available to persons of
low income at rentals they can afford; and
WHEREAS, these conditions can best be remedied through the
exercise of the Suffolk Redevelopment and Housing Authority's powers
with the City of Virginia Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Suffolk Redevelopment and
Housing Authority to exercise its aforesaid powers within the City of
Virginia Beach for the purposes hereinabove described, and the
Authority is invited and encourage to issue its bonds for the benefit
of the Developer and the futherance of said purposes.
2. The Chairman or Vice-Chairman of or counsel selected by
the Authority is hereby authorized to attend to the institution of a
proceeding on the Authority's behalf, if requested to do so by the
Developer, in the Circuit Court of the City of Suffolk to provide for
the judicial validation of the bonds pursuant to Article 6, Chapter 5,
Title 15.1 of the Code of Virginia of 1950, as amended, and, in
connection therewith, to take whatever further action, including the
prosecution of an appeal, as is deemed necessary or desirable in order
to provide for validation of the bonds.
3. These resolutions shall not be deemed an endorsement of
said bonds or the creditworthiness of the Authority, the Developer or
any other person or entity, and the bonds shall provide that the City
shall not be obligated to pay the bonds or the interest thereon or
other costs incident thereto, and neither the faith and credit nor the
taxing power of the Commonwealth, the City or the Authority shall be
pledged therefor.
ADOPTED: October 22, 1984
GKQ.RESO.BIRD.10/12/84 - 2
ALEXAT
ANI
S.
"This map i
as of Febru
then are n(
SUBDIVISIONS
C40
A@- i-N
.@. Ell.,.
A* E,%,. K45 C.".
A M.- Ea3 cm,N.
O@ H- C44 c@ 14
kW. All. Kas cw,,M.
kw- V,Ill (48 C@m.k
@l-I.d c I C--@.
Al-. P.. 947 C4., k@.
".,h go C@,@ ft,
I.,.. CAB C@-I 0.
By M@. 0. 14 C." All
@ F.,. A4? CO- t,,
B..Y.. U.. A41 C.., ..
SN ft@. "I M K47 C.." W..
W,.n 119 C." m-
g" Ckv L4$ Cf.l. 0,
B., 1,1@ I'm C-,.,
0.@@k, P- F-M
B.10.1 ELWI. 144
P.,@ FM @D.@.. C..
B..'@ .06
ell .. G.O.
PROJECT NAME: BIRDNECK APARTMENT ASSOCIATES
(RIVERBEND APARTMENTS)
PROJECT LOCATION: Southeast corner of Va. Beach Blvd. and Birdneck Road,
Vireinia Beach, Virginia
TYPE OF PROJECT: 112 unit multi-family residential rental housing Droject
- 29 -
Item II-K
CONSENT AGENDA ITEM # 22703
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, and 7 of the
CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecht 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
*Verbal Aye
October 22, 1984
- 30 -
Item II-K. I
CONSENT AGENDA ITEM # 22704
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council ADOPTED the following:
RESOLUTION AUTHORIZING THE ENLARGEMENT OF THE NON-
CONFORMING STRUCTURE LOCATED AT 3553 CRARITY NECK
ROAD (PROPERTY OF ROY 0. DOZIER)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecht Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jonest 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
*Verbal Aye
October 22, 1984
30a
RESOLUTION AUTHORIZING THE ENLARGEMENT
OF THE NONCONFORMING STRUCTURE LOCATED
3553 CHARITY NECK ROAD (PROPERTY OF ROY 0.
DOZIER)
WHEREAS, Roy 0. Dozier desires to replace an exisiting
free-standing mobile home on his property located at 3553 Charity
Neck Road, Virginia Beach, Virginia, designated on the attached
portion of a plat as "ROY OSCAR DOZIER W.B. 47, P. 2711 (the
"Plat"), a copy of which is attached hereto and made a part
hereof; and
WHEREAS, the free-standing mobile home does not conform
to the provisions of the Comprehensive Zoning Ordinance because
free-standing mobile homes are not allowed in the AG-2,
Agricultural District; and
WHEREAS, pursuant to S105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement of a
nonconforming structure if Council finds that the structure as
enlarged is equally appropriate or more appropriate to the zoning
district than is the existing nonconformity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds the replacement and
enlargement of the nonconforming free-standing mobile home,
located at 3553 Charity Neck Road, Virginia Beach, Virginia, as
shown on the plat, is equally appropriate or more appropriate to
the zoning district in which it is located than is the existing
nonconformity; and the City Council hereby authorizes the
replacement of the existing structure with a 28' x 601 free-
standing mobile home, as shown on the attached plat, provided the
structure is placed on the property in accordance with all other
zoning and health requirements.
Adopted by the Council of the City of Virginia Beach,
Virginia, on October 22, 1984
CMS/CJ/da
10/17/8 4 APPRO'LLD AS TO COt4TEt4T
(3)
October 22, 1984
D t-5
30b -
GEORGE ODELL DOZIER EST
M. 9. 4 3 p 15
PI)
IOZIER EWELL
P 2T
S
ovzi 00 IER
C'
*1 4? P 2
.0
LVDEL LEE DOZIER .0
!>
0
W. S. 47 p 27
C #fA't rr
APPROVED
@VA. BEACH @IEALTH DEPT,
VA. BEACI I VA PART II
GEORGE ODE
ai @y
@)p
SCALE l'
October 22, 1984 GALWF
325
WRGlf1/2
I
- 31 -
Item II-K.2
CONSENT AGENDA ITEM # 22705
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council ADOPTED the following:
ORDINANCE TO AMEND AND REORDAIN SECTION
2-152 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO ACTING MANAGER.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecht 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
*Verbal Aye
October 22, 1984
- 31a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-152 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO ACTING MANAGER
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 2-152 of the Code of the City of Virginia
Beach, Virginia, are hereby amended and reordained pertaining to
acting manager as follows:
Section 2-152. Acting manager.
In the absence or temporary incapacity of the city
manager, the deputy city manager for development, the assistant
city manager for administration, the assistant city manager for
analysis and evaluation or the assistant city manaqer for human
service,
respectively, are hereby empowered, authorized and directed to
act in his stead and any such act shall have the same force and
effect as if performed by the city manager.
Adopted this 22 day of October 1984, by the
Council of the City of Virginia Beach, Virginia.
KJC/da
misc
10/9/84
APPROVED AS TO CONTENT
october 22, 1984
- 32 -
Item II-K.3
CONSENT AGENDA ITEM # 22706
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds
of $5,000 to the Department of Parks and Recreation for the development
of KENSTOCK PARK.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creechf 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 22, 1984
32a
A14 ORDINANCE TO APPI-IOPRIATE
FUNDS OF -@5,000 TO THE DEPARTMENT
Or,- PARKS A?ID RECREATION FOR THI-
DE-:VELOPMENT OF MENSTOCK PARK
t,@HI-REAS, The Bre.:,.deii Coinpany, Inc. , nr, pmrt of the ler)@l:.oclt
c-iibdi%,iT@ion agreemenii, agreccl I-.o co-iti-i-bul-e @-@,0,00 to t@L C--:.-@-y
for the developmoilt !t:-@d
cf Par)-l@, @.,Iid
f kl ri ii i Cc-ri '-rlActic)ll @iii;J
bLidget f@r t.ho dcve.1coniori@ c:,f
D.,%Ttjr."
I'H r.'Tl 1, - C iE T-, j r,, E.'l CO'V'NCIL OF TIIF..
CITY C-i@ virrii!,.Tllll BRA,Y, "@.itf
L 1,
@irid
Gc-nerzil
incre,@.1-@c@0, by @5,00r.) ',-,o offFc.-'- tl-,c:,
A..Ic,,D,I-ed by th.::- CoLir,.cil r,f !--!)o Ci'--,, c,,-@ Virginii reach C,,,
t-.h@ 22 day of October 19 84
- - - - - - - - - - - - - - - - - - -- - --- - - - - -- - - - - -
First Octobc!r 15, 1984
-------------------------------
Second Rctsndin@,:__October-22,-1984 - - - - - - - - - - - - - -
APPPOVED AS TO CCNTENT
DEPARTMENT
October 22, 1984
- 33 -
Item II-K.4
CONSENT AGENDA ITEM # 22707
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council ADOPTED an Ordinance, on SECOND READING, to adjust the FY 1985
Operating Budget for the PENDLETON CHILD SERVICE CENTER
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 22, 1984
- 33a
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 modular unit
and $15,712 of the reduction in estimated revenue, and
WHEREAS, the remaining revenue reduction of $15,476 would elimi-
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 Center, the
City of Virginia 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
VIRGINIA BEACH, 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 $15,712 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
Lran6fers Lu Lhe PendieLon Child S@rviLe CenLer Fund for Lhe cusl uf Lhe
Child Care Worker.
Adopted by the Council of the City of Virginia Beach on the
2 2 day of October 19 84
FIRST READING: october 15, 1984
SECOND READING: October 22, 1984
KAR/2 ORDI
- 34 -
Item II-K.5
CONSENT AGENDA ITEM # 22708
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to Amend and Reordain Section B.4 of
Section 4 of the SITE PLAN ORDINANCE pertaining to Statements to
appear on all RESIDENTIAL SITE PLANS.
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. Jonesf 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 22, 1984
*Verbal Aye
- 34a -
Requested by: Department of Permits and Inspections
AN ORDINANCE TO AMEND AND REORDAIN
SUBSECTION B.4 OF SECTION 4 OF THE
SITE PLAN ORDINANCE PERTAINING TO
STATEMENTS TO APPEAR ON ALL RESIDENTIAL
SITE PLANS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That subsection B.4 of Section 4 of the Site Plan
Ordinance is amended and reordained as follows:
The topographic survey, showing the elevation of
streets, alleys, buildings, structures, water courses and their
names. The topography shall be shown by adequate spot elevations.
The finished grade for the entire site shall be shown and the
proposed first floor elevation of all buildings (except for
garages and storage areas which shall be located at or above the
100 - year flood elevation) shall be a minimum of one foot above
the elevation of (a) the flood water of record or (b) the
intermediate flood level as determined by the U.S. Army Corps of
Engineers or (c) the flood level as determined by the department
of public works, whichever is greater. All elevations shall be
certified and referenced to National Ocean Survey (USC and GS)
datum 0.00 mean sea level. All horizontal dimensions shown on the
site plan shall be in feet and decimals of a foot. All bearings
in degrees, minutes and seconds. Additionally, on all residential
site plans (single family, two family, duplex and townhouses) the
following information must be provided:
(a) The following statements shall appear on the site
plan:
(1) "The lot grading on this plan is in accordance
with the latest subdivision construction plan
submitted to and approved by the city engineer
on (indicate date of approval).'
(2) "The lowest finished floor elevation shown is
one (1) foot above the 100-year flood plain as
October 22, 1984
- 34b -
adopted by the City of Virginia Beach."
(Exception - detached residential garages and
storage areas shall be located at or above the
100 - year flood elevation.)
(3) The elevation of the curb (if existing or
proposed) in front of each lot shall be
indicated.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 22 day of October 1984.
DSH/ih
08/16/84
09/3/84
(E)
7,@ R@IP.M
October 22, 1984
-2-
- 35 -
Item II-K.6
CONSENT AGENDA ITEM # 22709
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council APPROVED the following STATE-LOCAL HOSPITALIZATION CONTRACTS;
AND, AUTHORIZED the City Manager to execute them on behalf of the City
of Virginia Beach:
Out-Patient
1983-84 1984-85 Surgery
Norfolk General Hospital $ 367.67 $ 421.28 $ 310.37
Virginia Beach General Hospital 326.77 346.89 235.89
Leigh Memorial Hospital 345.25 373.05 253.67
Lake Taylor City Hospital 100.50 123.06 N/A
All clinic and emergency room
rates are: 15.00 15.00 N/A
(The State pays 75% of the cost, the municipality paying the remaining 25%)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creechl 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
*Verbal Aye October 22, 1984
35a
OrPARTMENT OF SOCIAL SERVICES 3.32 VIRGINIA BEACH BOULEVARD
.86-7223 VIRGINIA BEACH, VIRGINIA 23452 4497
October 10, 1984
Mr. Thomas H. Muohlenbeck, City Monager
Municipal Center
Virginia Reach, Virginia 23456
Dear Mr. Muehlenbeck:
We are enclosing SLif contracts for four hospitals and would appreciate
your presenting theme to City Council for their approval.
Out-patient
PATES AS FOLLOW: 1983-1984 1984-1985 Surgery
Norfolk General Hospital $367.67 $421.28 $310.37
Virginia Beach General Hospital $326.77 $346.89 $235.89
Leigh Memorial Hospital $345.25 $373.05 $253.67
Lake Taylor City Hospital $100.50 $123.06 N/A
All clinic and emergency room rates are: $ 15.00 $ 15.00 N/A
Sixty-eight per cent of the daily in-patient rate equals the out-patient
surgery r&te.
Please return all copies to us after they have been processed.
Sincerely,
(M rances S. Elrod
Director
FSE/jea
Enclosures 4
October 22, 1984
- 36 -
Item II-K.7
CONSENT AGENDA ITEM # 22710
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council APPROVED the following Raffle Permit:
BROOKWOOD ELEMENTARY SCHOOL, P.T.A.
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. Jonest 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
*Verbal Aye October 22, 1984
- 37 -
Item 11-L. 1
APPOINTMENTS 1TEM # 22711
Upon NOMINATION by Councilwoman Creech, City Council APPOINTED the following:
Ernestine K. Middleton ARTS & RUMANITIES COMMISSION
(to fill the unexpired term of Edwin C. Kellam
to June 30, 1986)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 22, 1984
- 38 -
Item II-L.lb
APPOINTMENTS ITEM # 22712
Upon NOMINATION by Councilman Jennings, City Council APPOINTED the following:
Delores B. Kelley ARTS & HUMANITIES COMMISSION
(to fill the unexpired term of Henry Clarke
to June 30, 1986)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 22, 1984
- 40 -
Item II-L.2
APPOINTMENTS ITEM # 22713
Upon NOMINATION by Councilman Fentress, City Council APPOINTED the following:
R. Dean Lee DEVELOPMENT AUTHORITY
(to fill the unexpired term of Harry Sandler
to August 31, 1986)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 22, 1984
- 41 -
Item II-L.3
APPOINTMENTS ITEM # 22714
A NOMINATION was made by Councilman Jennings to APPOINT Charles R. Krummell
to fill the unexpired term of Hassel E. Perrel on the PLANNING COMMISSION.
A NOMINATION was made by Councilman Louis Jones to APPOINT W. Deane Williams
to fill the unexpired term of Hassel E. Perrel on the PLANNING COMMISSION.
City Council APPOINTED the following:
Charles R. Krummell PLANNING COMMISSION
(to fill the unexpired term of Hassel E. Perrel
to December 31, 1986)
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
*Verbal Nay
October 22, 1984
- 42 -
Item II-M.1
UNFINISHED BUSINESS ITEM # 22715
CANOE TRAIL TRIP
ADD-ON
Councilwoman Oberndorf referenced a request of Lillie Gilbert who had presented
to Council on September 24, 1984 a CANOE TRAILS PLAN, and detailed her trip
from Lesner Bridge almost to North Carolina.
Councilwoman Oberndorf is to advise Mrs. Gilbert of City Council's pleasure
as to the following:
(1) Would City Council be interested in taking a canoe
trip either the weekend of November 4, November 18,
1984 or in Spring 1985, possibly April?
(2) How many Members of Council would be interested in
participating?
(3) Who would be accompanying Members of Council as their
guest?
October 22, 1984
- 43 -
Item II-N. 1
NEW BUSINESS ITEM # 22716
STATE'S HIGHWAY FUNDING
Upon motion by Councilman McCoy, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance authorizing the City Manager to enter into an
agreement with the firm of THOMAS & FISKE to conduct an analysis and es-
tablish a strategy for the City concerning the State's HIGHWAY funding
allocations and transferring $20,000 for anticipated expenses with this
work.
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 22, 1984
- 43a -
AN ORT)INANCE AUTHORIZTNG THE CITY MANAGER
TO ENTER INTO AN AGREEMVNT WTTH THC FIRM
OF THOMAS & FISKE TO CONDUCT AN ANALYSIS
AND ESTABLISH A STRATEGY FOR THE CITY
CONCERNING THE STATRIS HIGHWAY FUNDING
ALLOCATIONS AND TRANSFERRING $20,000 FOR
ANTICTPATED EXPENSES WITH THIS WORK
WHEREAS, City Council continues to recognize the primary need for
improvement of streets and roads within our community, and
WITEREAS, the Joint Legislative Audit and Review Committee (JLARC)
is currently studying the highway fund allocation formula for the
state, and
WHEREAS, the City desires that equity in highway funding be based
on the concept of need, and
WHEREAS, the City Manager desires to employ the law firm of Thomas
and Fiske to assist city staff in conducting an analysis of the current
highway funding situation and in establishing a strategy for the city
and our legislative delegation, and
WTiEREAS, it is estimated that funds of $20,000 will be needed to
cover the anticipated expenses for the analysis and strategy work, and
14HEREAS, the necessary funds may be transferred from the General
Fund Reserve for Contingencies.
N014, THEREFORE, RE IT ORDAINED BY @E COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $20,000 be transferred from the
General Fund Reserve for Contingencies to the City Manager's budget to
provide for professional services in conducting an analysis and developing
a strategy for the city concerning the highway funding allocation for
the state.
IIE IT FURTHER ORDAINED that the City Manager Is hereby authorized
to enter into an agreement with the law firm of Thomas and Fiske for
this analysis and strategy work.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Reach, Virginia
on 22 day of October 1984.
JCM/ORD/11
October 22, 1984
- 44 -
Item II-N.2-
NEW BUSINESS ITEM #, 22717
1985 LEGISLATIVE PACKAGE
Assistant to the City Manager David Grochmal presented a preliminary list of
items which have been suggested for inclusion by members of City Council
and City Staff in the 1985 LEGISLATIVE PACKAGE. Mr. Grochmal classified
them on the basis of FIRST AND SECOND PRIORITY. They are as follows:
FIRST PRIORITY
1. The General Assembly should amend the Code of Virginia to substitute
a new system for allocating highway constuction and maintenance funds
as recommended by JLARC. The urban street maintenance payments should
be increased to that amount recommended by JLARC.
2. The General Assembly should enact an additional one percent statewide
sales tax to be returned to localities on the basis of school-age
population.
3. The General Assembly should provide additonal medical education/Lndigent
care funding to Eastern Virginia Medical Authority.
4. The General Assembly should amend Section 15.1-446 of the Code of Virginia
to allow localities to require a subdivider of land to pay his pro rata
share of the cost of providing reasonable and necessary roads outside
the limits of the property he is developing. Councilwoman Creech referenced
the PUBLIC HEARINGS to be held in November reference HJR119.
SECOND PRIORITY
5. The General Assembly should enact legislation which would prohibit altered
suspension systems on pickup trucks and vehicles such as Chevrolet Blazers
and Ford Broncos. (Council wished this particular piece of legislation
reworde@ .
6. The General Assembly should amend the Code of Virginia to enact a Contraband
Forfeiture Act which allows the local law enforcement agency to seize any
contraband article or property. (Councilman Jennings referenced a letter from
Thomas Northam, of the Virginia Beach Task Force for Youthful Substance
Abuse which strongly supports the Contraband Forfeiture Act. Mr. Northam
further referenced the Contraband Forfeiture Act in Florida which goes one
step further and confiscates all properties that can be attributable to
illegal drug trafficing. Council CONCURRED that item should be FIRST PRIORITY
rather than SECOND.)
7. The General Assembly should STUDY the possibility of allowing tax credits
for builders who install fire protection sprinkler systems which are above
the requirements of the uniform statewide building code.
8. The General Assembly should amend the State Wetlands Act to provide that
if a local board does not act favorably on an application with at least
four "yes" votes of a seven-member board or three "yes" votes of a five-
member board, the application is DENIED. (This recommendation was
by Captain Dorchester, Chairman of the WETLANDS BOARD).
9. The State Code should be amended to allow localities to charge for Street
Closures whether or not the applicant owns all the adjacent property.
10. The State Code should be amended to allow Virginia Beach to increase the
filing fee for civic cases to $3.00 to support the Law Library.
October 22, 1984
-45 -
Item 11- R 2
NEW BUSINESS ITEM # 22717 (Continuedl
1985 LEGISLATIVE PACKAGE
11. The General Assembly should amend Section 18.2-248.5 of the State Code
making it illegal to sell capsules containing only caffeine or ephedrine
sulfate if the seller shows the buyer how to combine the two. (Councilman
Jennings referenced the support of this AMENDMENT by Thomas Northam,
Chairman of the Virginia Beach Task Force for Youthful Substance Abuse, and same
should be transferred to a FIRST PRIORITY position.)
12, The Code of Virignia should be amended to make it a per se legal violation
for a person having a blood alcohol content (BAC) of 0.10% or above to drive
or operate a motor vehicle.
13. The General Assembly should amend Section 18.2-268(b) to delete
the time limit of Driving Under the Influence Arrests. Current law requires
that DUI arrests must be made within two hours of the offense.
14. The General Assembly should amend the State Code to allow motorcycles to be
equipped with a modulating head lamp.
Councilman Jennings requested that Dump Trucks hauling sand, gravel or rocks (not
grain and feed) be required to cover same witb CANVAS. He wished this item to
be made a part of the LEGISLATIVE PACKAGE.
Councilwoman Henley referenced the TJranimum Mining Task Force appointed by
the General Assembly to review and make recommendations. Councilwoman Henley
requested Council consider supporting the portion of the TASK FORCE REPORT
which has to do with Water Quality especially the recommendation by the Task
Force that a "non-degredation standard be upheld for groundwater protection
and that no process water be allowed to be discharged for surface waters from
either the mill or the pailing facility."
Councilwoman Oberndorf, Chairman of the VML Environmental Quality Committee,
further referenced that on October 23, 1984, there will be a PUBLIC HEARING
in Richmond at 7:30 p.m., a joint hearing between URANIMUM TASK FORCE group
and the SUBCOMMITTEE appointed by the General Assembly. As Chairman of the
Environmental Committee, Councilwoman Oberndorf will be testifying.
Councilman Robert Jones referenced the proposal of the VIRGINIA MUNICIPAL LEAGUE
concerning obligations of spouses in child support and requested Council
support such a Comprehensive Study.
Councilman Jones further stated that he would appreciate Council considering
a Memorandum of Law provided earlier by Attorney Bimson on Aesthetic Con-
siderations in Zoning.
City Council will consider an appropriate date for meeting with the State
Legislators at the November 5, 1984, City Council Meeting and will discuss
Legislative Proposals further on the November 19, 1984, City Council
Meeting.
October 22, 1984
- 46 -
Item II-N.3
NEW BUSINESS ITEM # 22718
FERRELL PARYWAY/SALEM ROAD/
PRINCESS ANNE ROAD INTERCHANGE
C. Oral Lambert, Director of Public Works, referenced in November of last
year the Consulting Firm of ENGINEERING SERVICES, INC. was authorized to
proceed with a TRANSPORTATION STUDY for the review of Inter-change Alter-
natives for the FERRELL PARKWAY CORRIDOR in the vicinity of Salem Road,
Princess Anne Road, Lynnhaven Parkway and Independence Boulevard. This
project is designated in the CAPITAL IMPROVEMENT PROGRAM as FERRELL PARK-
WAY, PHASE 1-B and will result in the construction of FERRELL PARKWAY
from Indian Lakes to Princess Anne Road. The firm of Parsons and Brinckerhoff
is providing the transportation analysis expertise as a subcontractor.
W. P. "Pete" Burkhimer, Jr., P.E., Vice President of Engineering Services,
Inc. in conjunction with J. Randall Royal, P.E, an employee with the firm,
and formally an employee of the City of Virginia Beach presented various
interchange configurations to efficiently tie Ferrell Parkway, Phase I-B
to Princess Anne Road in the area from Providence Road to Independence Boule-
vard.
Mr. Burkhimer distributed EXHIBIT IV-5 - MATRIX EVALUATION and EXHIBLT IV-6 -
MATRIX RATING to City Council. This was a revised form from what had been
previously distributed to City Council. (Same is hereby made a part of the
record).
Mr. Burkhimer referenced that in a very limited distance there are approximately
six (6) roads coming together that has necessitated some of the complex
measures which the City has had to resort. He further outlined the three
difficulties:
(1) Many roads coming together in a small space
(2) Many of the movements involved on these roads are
high volume movements
(3) Development in this general vicinity is quite rapid
Mr. Burkhimer described each of the ALTERNATIVES:
(1) ALTERNATIVE IIIA (CITY PLAN): Handling of the Lynnhaven
Parkway Movement considered pretty unacceptable. Diamond
Ramps do not provide best access.
(2) ALTERNATIVE IIIB (CITY PLAN MODIFIED): Slip ramps were
replaced with clover leaf loops and cost rose dramatically.
(3) ALTERNATIVE I @PARALLEL BYPASS): Moderate in cost but
level of service not as preferable as others
(4) ALTERNATIVE II (COLLECTOR-DISTRIBUTOR SYSTEM): The drawback
with this particular alternative involved a "weaving movement"
(A weave is when two people are merging in opposite directions
and their paths cross one another). Weaves are dangerous.
(5) ALTERNATIVE ilb (COLLECTOR-DISTRIBUTOR SYSTEM): Eliminates this
"weaving movement". Initial Construction Cost woul.d elitail
$8,200,000, and the Ultimate Construction Cost would be
$18,500,000.
ALTERNATIVE IIb (COLLECTOR-DISTRIBUTOR SYSTEMY was the alternative ENDORSED
by both Staff and the Consultant.
A PTJBLIC HEARING will be scheduled in approximately three weeks on this
endorsement.
October 22, 1984
- 47 -
Item II-0.
ADJOURNMENT ITEM # 22719
Upon motion by Councilman Baum, City Council ADJOURNED the meeting at 11:38 p.m.
a @.
Beverly-6. Hooks
Deputy City Clerk
Rifth Hodges Smi'Eh, CMC ---i4a@or Har@ld Hei.@ be@
City Clerk
City of Virginia Beach
Virginia
/bh
October 22, 1984