MARCH 26, 1984 MINUTES
"WORLD'S LARGEST RESORT CITY"
CfTY COUNCIL
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CITY COUNCIL AGENDA
March 26, 1984
ITEM 1. INFORMAL SESSION: 5:00 p.m.
A. CALL TO ORDER Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Utility Policy for System Planning: Discussion
2. Rudee Inlet Dredging Project: Discuss;on of Commitment
7etter.
3. Virginia Department of Highways and Transportation Highway
Tu-nding Reallocation Hearings: Discussion
4. Dorset Avenue/Cleveland Street Intersection Project: Report
on Public Hearing.
5. Interim Financial Statements for July 1, 1983, through
@ebruary 29, 1984: Discussion.
6. Review of Consent Agenda
ITEM Ii. FORMAL SESSION: 7:00 p.m-
A. INVOCATION: Reverend J. D. Seward
Brook Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of March 19, 1984.
E. PROCLAMATION:
1. Week of the Young Child: April 1-7, 1984
F. RESOLUTIONS:
1. Special Revenue Bonds
a. Resolution approving the issuance o@ Special Revenue
Bonds to Rosegate Associates ($1,500,000) through the
Suffolk Redevelopment and Housing Authority.
G. 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. There wi I I be no
separate discussion of these items. It disc,,ssion is desired,
that item will be removed from the Consent Ageiida and considered
separately.
1. Ordinance to Amend and Reordain Section 8-31 (c) (11) of the
Code of the City of Virginia Beach, Virginia pertaining to
moving of buildings or structures.
2. Ordinance to Amend and Reordain Sections 18-52(a), 18-53(a)
through (c), 18-55(a), 18-56(b) and (c), 18-73(a), 18-80(a),
18-85, 18-88(a), 18-89(a), 18-91(c), 18-99(a), 18-100.1(a),
18-101(a), 18-102(a) and 18-113(b) of the Code of the City
of Virginia Beach relating to Business, Professional and
Occupational License Taxes.
3. Ordinance to Transfer funds of $160,000 within the
Department of Social Services for the State and Local
Hospitalization Program.
4. Ordinance authorizing the City Manager to execute a Deed of
Vacation and Quitclaim between the City of Virginia Beach
and Bernard Kroll and Albert Kroll vacating portions of the
2001 drainage easement at Scarborough Square, in the
Princess Anne Borough.
5. Ordinance authorizing the City Manager to execute a Deed of
Vacation between the City of Virginia Beach and Lee A.
Gifford.
6. Raffle Permits: Charlestowne Civic League, Inc.
Princess Anne Women's Club
7. Request of the City Treasurer for tax refunds in the amount
of $2,627.41.
8. Request of Commissioner of Revenue for license refunds in
the amount of $12,635.07.
H. PLANNING
1 Appl ication of Howard Salmons for a conditi@nal use permit
for two mobile homes for farm laborers on a three-acre
parcel located on the east side of Pr'@ncess Anne Road,
adjacent to Creeds Elementary School (928 Princess Anne
Road) (Pungo Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
2. Application of H. C. Shirley for a conditional use permit
for a single-family residence in the AG-1 Agricultural
District on a 4.52-acre parcel located along the east side
of Blackwater Road, north of Indian Creek Road (Blackwater
Borough).
a. Letter of the City Manager transmits @he recommendation
of the Planning Commission for approval.
3. Application of Beach Recreation, Inc. for a conditional use
permit for a recreational facility of an outdoor nature
(hydrotube) on a 14,000-square foot parcel located at the
southeast corner of 22nd Street and Pacific Avenue (Virginia
Beach Borough).
a. Letter of the City Manager transmits -1@he recommendation
of the Planning Commission for approval.
4. Application of W. W. Reasor for a change of zoning from R-5
Residential District to 0-1 Office District on a 1.49-acre
parcel located on the south side of the Norfolk and Southern
Railroad right-of-way, west of Greenwich Road (Kempsville
Borough).
a. Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
5. Application of Liliel Corporation for a change of zoning
from R-6 Residential District to R-9 Residential Townhouse
District on an 8.7-acre parcel located southeast of the
proposed Lynnhaven Parkway, east of Centerville Turnpike
(Kempsville Borough).
a. Letter of -tlie City Manager transmits the recommendation
of the Planning Commission to allow withdrawal.
6. Applications have been made for changes of zoning on sites
located along the east side of Kempsville Road, south of
Indian River Road (Kempsville Borough):
By Fenner V. Woolard, Jr., John E. Green, Jr., and June C.
Green, from R-6 Residential District to B-2 Community-
Business District on a 2.93-acre parcel;
AND,
By Jaines H. Reynolds trom 0-1 Office District to B-2
Community-Business District, on a 2.06-acre parcel.
a. Letter of the City Manager transmits the recommendations
of the Planning Commission f or approval of these
applications.
7. Application of Arthur and Conchita Dy for a change of zoning
from R-6 Residential Dtstrict to B-2 Community-Business
District on a 24,655-square foot parcel lo@ted along the
east side of Princess Anne Road, south of Providence Road
(Kempsville Borough).
a. Letter of the City Manager transmits @he recommendation
of the Planning Commission for denial.
8. Application of Coppage Associates for a change of zoning
from R-8 Residential District to B-2 Community-Business
District on a 7.074-acre parcel located at the northeast
intersection of Salem Road and Recreatior, Drive (lynnhaven
Parkway) (Kempsville borough).
a. Due to a tie vote the Planning Commission transmitted no
recommendation on this application.
APPOINTMENTS:
1. Advertising Selection Committee.
2. Housing Board of Appeals.
J. UNFINISHED BUSINESS
1. Alot Corporation-Rezoning - Covenant and Conditions:
FINAL APPROVAL of applications of H. E. Brown, J. W.
Brown, and J. G. Brown for changes of zoning on sites
located along the north side7f-Princess Anne Road, west
of Oceana Boulevard (Princess Anne Borough):
R-3 Residential District to R-5 Residential District on a
13.3-acre parcel;
AND,
AG-1 Agricultural District to R-5 Residential District on
an 82.3-acre parcel;
AND,
AG-2 Agricultural District to R-5 Residential District on
a 9.6-acre parcel;
a. These Changes of Zoniiig were approved subject to final
review by the City Attorney and Director of Planning as
to accuracy of the plats and agreement.
Letter from the City Attorney advises the plats and
agreetnent are not ready for final approval.
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to adjourn
M I N U T E 8
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Marcb 26, 1984
The Regular Meeting of tbe Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, March 26, 1984, at Five O'Clock in the afternoon.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech, Robert G. Jones' and J. Henry McCoy, Jrt, D.D.S.
Note: Councilman Jones entered the Tnformal Session at 5:05 p.m.
Councilman McCoy entered the Tnformal Session at 5:07 p.m.
March 26, 1984
- 2 -
ITEM # 21586
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion of consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. LEGAL MATTERS: Con@tation 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 Heischober, seconded by Councilwoman McClanan, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 7-0
Council Members Voting Aye;
John A. Daum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, H. Jack Jennings, Jr., Robert G. Jones, and
J. Henry McCoy, Jr., D.D.S.
March 26, 1984
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M A T T E R S B Y M A Y 0 R /V I C E M A Y 0 R
ATLANTIC FLEET
SAILOR OF THE YEAR ITEM # 21587
Mayor Jones referenced request of the Executive Committee of the Virginia
Beach Council of the Hampton Roads Charnber of Commerce to sponsor ATLANTIC
FLEET "Sailor of the Year" Award Reception. This is the beginning of a
week long event, and would entail a two hour reception involving the sixteen
(16) candidates for "Sailor of the Year", their spouses, Members of the
Virginia Beach City Council, several key Flag Officers and their spouses.
Vice Mayor Henley asked that the City be recognized as the sponsor.
BIRTHDAYS/COUNCIL MEMBERS ITEM 21588
Mayor Jones recognized birth dates in the month of March of the following
Council Members:
March 20 . . . . . . Harold Heischober
March 25 . . . . . . Robert G. Jones
PD-H2 PLANNED
UNIT DEVELOPMENT
DISTRICT ORDINANCE ITEM 21589
Vice Mayor Henley referenced a packet distributed to City Council involvinq the
PD-H2 OVERLAY TASK FORCE COMMITTEE REPORT. This Committee which was composed
of Vice Mayor Barbara M. Henley, Councilman Robert G. Jones, Chairman of the
Planning Commission Albert W. Balko, Member of the Planning Commission Kenneth
D. Barefoot, met a total of five times. Representatives of the City Attorney's
office were in attendance: J. Dale Bimson, and Charles Salle'. Messrs Pfeiffer,
White and Benjamin from the Tidewater Builder's Association and Mr. Rae LeSesne
from the Council of Civic organizations attended several of the meetings.
Letters from the TBA and the CCO are hereby made a part of the record. Comments
from Superintendent of Schools, Dr. Brickell, were requested concerning the use
of school sites as a part of the PD-H2.
City Attorney J. Dale Bimson further interpreted the proposed Ordinance (Copy
of said Proposed Ordinance is hereby made a part of the proceedings). Specific
reference was made to PAGE 6, PARAGRAPH (c) Dedication to the city. "The
open space may be dedicated to the city as a public site but only upon the
concurrence of the City Council." He further commented that if dedication is
accepted, it shall be counted toward the open space and shall be developed
according to recommendations as a "public site" from City Department Heads
by the City Manager. The remaining property, maintained as open space,
could not be less than fifty (50%) percent of the originally designated "open
space". The combination of open and public sites provided shall be a minimum
of fifteen (15) percent of the gross acreage of the tract of land and shall
not include lakes, floodways, or other bodies of water.
By CONCENSUS, the Ordinance to Arnend and Reordain Article 11 C. of the Com-
prehensive Zoning Ordinance of the City of Virginia Beach, Virginia,pertaining
to the PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT will be placed on the Formal
Agenda of April 2, 1984.
March 26, 1984
3a -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 11 C. OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO THE PD-H2 PLANNED UNIT DEVELOPMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 11 C. of the Comprehensive Zoning
Ordinance of the City of Virginia Beach, Virginia, pertaining to
the PD-H2 Planned Unit Development District, is hereby amended
and reordained to read as follows:
C. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT.
Section 1120. Legislative intent.
The purpose of the PD-H2 District is to encourage
innovative and attractive housing alternatives to the type_of
development otherwise permitted in the underlying zoning
district. The PD-H2 District may be used as a means of
developing lots smaller than otherwise required only when the
plan of deve opment is substantially different from that allowed
in the underlying zoning district and when the amenities provided
in the PD-H2 land use plan create public benefits which offset
any detrimental effects of development on smaller lots or at a
higher density.
Section 4.+.29 1121. Application.
Procedures for application for a change of zoning to
PD-H2 District shall be the same as for all other zoning
categories. In addition to information otherwise required by
this ordinance, there shall also be included with the application
a proposed PD-H2 land use plan as well as such additional
supplementary information as necessary to satisfy the conditions
of this article. PD-H2 Districts may be established only in
existing residential or apartment di.stricts subject to the
general requirements and according to the procedure specified
herein. Where the land use plan calls for open space to be owned
or maintained by any private entity, then a petition for change
3b -
of zoning to P-1 on such land shall be
approved before any subdivision plat of the property within the
PD-H2 District is approved for recordation or any building permit
issued. As an exception to Section 107(g), there shall be no fee
charged for such a rezoning petition to P-1, and as an exception
to Section 302(a), the minimum lot size requirement of five (5)
acres in the P-1 District shall not apply as it pertains to the
rezoning of this land.
Section 1122. Action by the planning director.
If the applications complies with the applicable rules
and regulations of this ordinance, the planning director shall-
transmit the application to the planning commission along with
his findings as to the manner in which the application addresses
the following criteria:
(a) open space promotion;
(b) Preservation of woodlands, waterways, shorelines,
and floodplains;
(c) Preservation of historic areas;
(d) Preservation of natural or manmade recreational
areas;
(e) Reduction of long-term municipal maintenance
costs; and
(f) Compatibility with adjacent housing patterns.
City council shall consider the above findings, among
other things, in evaluating the applications, provided, however,
no application shall be approved which does not conform to the
legislative intent expressed in this Article.
Section 4+2+ 1123. Minimum tract size.
The minimum tract size for PD-H2 development shall be
five (5) acres.
Section +4..2.2 1124. PD-H2 land use plan.
The land use plan shall 4nelude-the-fallowingi- provide
for development of the property within the PD-H2 District in a
manner which is compatible with the development and zoning of the
-2-
M r 2
land adjacent to the district. The land use plan shall show how
the proposed development of the property would differ from that
which would otherwise be permitted in the underlying zoning
district and the public benefit to be gained by developing the
property in a PD-H2 District.
The land use plan shall provide for the following:
(a) Location of proposed streets;
(b) Proposed number of dwelling units;
(c) Total acreage of the site;
(d) Proposed housing types, location of areas devoted
to each housing type, acreage and number of units
for each such area, and the minimum lot size
proposed for each area and housing type;
(e) Location and nature of other proposed uses;
(f) Location of proposed open spaces, public sites,
and recreational areas, nature of recreational
facilities proposed, and means of maintenance of
such;
(g) Regulations governing the height, setback
requirements, off-street parking requirements and
sign restrictions for each area within the PD-H2
project.
When adopted, the PD-H2 land use plan shall serve as a
supplement to and, where they conflict, as a replacement for, the
zoning regulations of the underlying district.
Section 4423 1125. Allowed uses.
Within the PD-H2 District, only the following uses and
structures shall be permitted:
(a) Principal uses and structures:
(1) Dwelling units of the types specified in the
land use plan;
(2) Public buildings, structures, and other
public uses;
March 26, 1984
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3d -
(3) Recreational facilities of the type described
in the plan;
(4) Child care education centers, in connection
with public or private elementary schools or
churches;
(5) Day care centers;
(6) Public utilities installations and
substations; provided offices or storage
or maintenance facilities shall not be
permitted; and provided, further, that
utilities substations, other than individual
transformers, shall be surrounded by a wall,
solid except for entrances and exits, or by a
fence with a screening hedge five (5) to six
(6) feet in height; and provided also,
transformer vaults for underground utilities
and like uses shall require only a landscaped
screening hedge, solid except for access
opening.
(b) Accessory uses.
Uses which are customarily accessory and clearly
incidental and subordinate to the principal use
shall be allowed as accessory uses.
(c) Conditional uses.
(1) Churches;
(2) Family care homes, foster homes, and group
homes;
(3) Home occupations.
Section 4+24 1126. Housing types and density.
Housing types and density for the various areas within
the PD-H2 project shall be as specified on the land use plan.
However, the overall density for the PD-H2 project shall not
exceed that which could be achieved with conventional subdivision
March 26, 1984
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3e -
in the underlying district, or that indicated in the following
table, whichever is greater.
Underlying Zoning District Density (Dwelling Units/Acres)
R-1 .8
R-2 1.1
R-3 1.7
R-4 2.25
R-5 3.0
R-6 3.5
R-7 6.0
R-8 6.0
R-9 9.0
A-1 12.0
A-2 18.0
A-3 24.0
A-4 36.0
The overall area of the PD-H2 project shall be construed
as including any areas rezoned to P-1 or dedicated as a public
site in conjunction with the project.
Section 4425 1127. Open space, public sites, and recreation
areas.
Maintenance and ownership of open space, public sites
and recreational areas in the PD-H2 District shall be as
specified in the land use plan or in the accompanying documents,
and shall consist of one of the followingt
(a) Homeowners association.
If a homeowners association is to assume ownership
of the open space, then it shall bear all responsibility for
maintenance of the land and all structures thereon. All
landowners in the PD-H2 District shall be members of the
homeowners association. There shall be restrictive covenants
recorded which prohibit use of the subject land for any purpose
but recreation and open space use. Such covenants shall run with
the land and be in full force and effect for a period of at least
fifty years. These covenants shall become part of the deed to
each lot or parcel within the development. Such covenants shall
be approved by the city attorney and recorded before the first
building permit in the project is issued. A rezoning petition to
March 26, 1984
-5-
3f -
P-1 Preservation District shall-be-filed-simultaneedsly-with-the
including all land to
be owned and maintained by the homeowners association shall be
approved before any subdivision plat of the property within the
PD-H2 District is approved for recordation or any building permit
issued.
f@ (b) Ownership by other public or private entity.
Ownership of the open space may be by another
public or private entity. In this event, a rezoning petition to
P-1 Preservation District, shei-1--be-fi-i-ed-aimt2l-L-aneattsi-y-w-ith-L-he
rezening-petition-te-PB-H27-and-sholl-cover including all land to
be owned and maintained by the subject entity, shall be approved
before any subdivision plat of the property within the PD-H2
District is approved for recordation.or any building permit
issued. Such entity shall be responsible for all maintenance of
the open space, and shall make the use and enjoyment of the open
space available to all residents of the PD-H2 project.
Additionally, restrictive covenants as in (a) above shall be
filed prohibiting the use of the subject land for any purpose but
recreation and open space use.
fb+ (c) Dedication to the city.
The open space may be dedicated to the city as a
public site but only upon the concurrence of the city council.
If the dedication is accepted, the public site open-spaee shall
be maintained by the city as open space, except that city@
council after having received recommendations from the city
manager may designate portions of public sites for use other than
an open space, provided the remainin2 amount of property
maintained as open space is not less than fifty percent (50%) of
the amount of property which would have been reserved pursuant to
the subdivision ordinance for recreational purposes if the
property in the PD-H2 District had been developed according to
the underlying zoning district. and-shaii-be-made-awailable-fer
use-by-all-bhe-residente-of-the-eity-of-Virelinia-Beaeh7
March 26, 1984
3g -
Except for public sites, open space shall only be used
in its natural state or for recreational related uses. No
structure shall be erected except for maintenance or recreational
purposes. The combination of open space and public sites
provided shall be a minimum of fifteen (15) percent of the gross
acreage of the tract of land and shall not include lakes,
floodways, or other bodies of water.
Section 4+26 1128. Changes to approved plan.
Any changes to housing type, density, allowed uses, or
location of any of the elements, or other aspects of the land use
plan, where the change is not clearly in keeping with the concept
of the plan as approved by city council, shall require an
amendment to the PD-H2 land use plan. Such amendment shall be
approved only in the manner of approval of the original land use
plan. Changes which clearly are in keeping with the concept of
the plan as approved by city council may be made by the planning
director.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 day of march 1984.
CMS/da
Alt/3 Misc.
2/21/84
3/19/84
3/20/84
3/23/84
March 26, 1984
-7-
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M A T T E R S B Y C I T Y M A N A G E R
UTILITY
POLICY FOR
SYSTEM PIANNING ITEM # 21590
The Director of Public Utilities, Aubrey V. Watts, Jr., advised the present
policy considerations for extension and expansion of water and sewer systems
are found in six (6) State and City documents:
1. Subdivision Ordinance
2. Site Plan Ordinance
3. Administrative Regulations
4. Standards of the Department of Public Utilities
5. State Requirements
A. Water (Waterworks Regulations, State Board of Health)
B. Sewerage (Sewerage Regulations, State Department of
Health and State Water Control Board)
6. Comprehensive Plan
Mr. Watts further advised the Utility Department directs system growth
based on the following:
1. Size facilities based on existing zoning or Comprehensive
Plan density, which ever is greater.
2. Establish service areas for individual system based upon
topoqraphy, major roads, bodies of water, the Master Street
Plan, and a limiting depth of gravity sewers of 15'+/-, and
current or foreseeable development activites in prescribed
areas.
3. Seek to reduce duplicate facilities (parallel mains, small
pumpinq stations) by use of area, rather than project,
planning.
4. Utilize differential cost participation with developers to
provide area-wide facilities.
RUDEE INLET
DREDGING PROJECT ITEM # 21591
The Corps of Engineers requested a commitment letter from the City to sign
a No. 221 Agreement and advise that construction funds are allocated for
the Rudee Inlet Project. The commitment letter would be basically the
same as the City's previous letters of intent. The City would agree to
contribute in cash the local share of the project construction cost currently
estimated at $203,000 and be responsible for all project costs in excess
of the federal cost limitation of $2,000,000.
By CONCENSUS, the City Manager and the City Attorney were authorized to sign
the agreement.
March 26, 1984
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M A T T E R S B Y C I T Y M A N A G E R
(continued)
HIGHWAY FUNDING
PREALLOCATING HEARINGS ITEM # 21592
A preallocation PU13LIC HEARING will be held in the Suffolk District Office
of the Virginia Department of Highways and Transportation at 10:00 a.m.,
March 29, 1984. The Director of Public Works, C. Oral Lambert, will pre-
sent the City's Highway Needs including:
1. Projects which are currently in the State's Six
Year Plan.
2. Projects which the City recommends the State consider
for inclusion in the Six Year Plan.
3. Identification of needs which would not be funded from
the "Urban Fund" and involve systems more directly con-
trolled by the State Highway Department. (The ex-
ception to that is the City's request for them to
study the feasibility of and corridor for a "South-
eastern Freeway Concept.")
PUBLIC liEARING
CLEVELAND STREET
AND DORSET AVENUE
INTERSECTION IMPROVEMENTS ITEM # 21593
Chief Engineer Donald Trueblood reviewed with City Council information presented
at the Public Hearing on CLEVELAND STREET/DORSET AVENUE INTERSECTION IMPROVEMENTS
held on March 14, 1984. This project will reconstruct the existing intersection
by transitioning the southeast leg of Euclid Road into the north leg of Dorset
Avenue and eliminating the other legs of Euclid Road and Dorset Avenue at
the intersection. Thirty eight (38) reported accidents have occured at this
intersection over the last two years o' which twenty-nine (29) were angular
type collisions. These improvements, in addition to increasing safety, would
also increase the capacity through this area. Serious objections were made at
the Public Hearing concerning Euclid Avenue.
Councilman McCoy proposed options.
INTERIM FINANC-TAL
STATEMENTS
July 1, 1983, through
February 29, 1984 ITEM # 21594
The City Manager distributed INERIM FINANCIAL STATEMENTS for the period July
1, 1983 through February 29, 1984 to City Council. The City Manager noted that
these were very positive and the cigarette tax was improving slightly.
March 26, 1984
- 6 -
M A T T E R S B Y C I T Y M A N A G E R
(continued)
CONSENT AGENDA
CITY CODE AMENDMENT
BUSINESS, PROFESSIONAL
AND OCCUPATIONAL LICENSE TAXES ITEM # 21595
Councilman Jennings inquired as to lost revenue concerning the Ordinance
to Amend and Reordain Sections of the Code fo the City of Virginia Beach
relating to Business, Professional and Occupational License Taxes.(See
Item II.G.2 of the Formal Agenda).
TRANSFER FUNDS
DEPARTMENT OF SOCIAL SERVICES ITEM # 21596
Mayor Jones inquired as to why there was an excess of $160,000 within the
Department of Social Services (See Item II. G.3 of the Formal Agenda).
The City Manager noted that Personnel Funds would be included within this
excess.
DEED OF VACATION
BERNARD KROLL/AL13ERT KROLL ITEM # 21597
Councilman Jones commented that he had been advised of problems concerning
drainage in Scarborough square (see Item II.G.4 of the Formal Agenda). Council-
man Baum and Jones further requested that additional information be provided
on this particular item and asked that the Ordinance be DEFERRED until the
City Council Meeting of April 2, 1984.
RECESS INTO
EXECUTIVE SESSION ITEM # 21598
City Council recessed into EXECUTIVE SESSION at Six Thirty in the evening.
March 26, 1984
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 26, 1984
7:00 p.m.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
INVOCATION: Reverend J. D. Seward
Pastor
Brook Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
March 26, 1984
8
Item II-D. 1
MINUTES ITEM # 21599
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City
Council APPROVED the Minutes of March 19, 1984, with a correction as follows:
Paqe 26 - ITEM # 21582 (ORDINANCE UPON APPLICATION OF H. E.
BROWN, J. W. BROWN AND J. G. BROWN FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO
R-8 Z0384836)
REPLACE 2.3 units per acre with 4 units per acre
in the o@llowing condition:
1. The applicant voluntarily agrees to limit density
on the site and the adjoining site ZONED R-5
Residential District to 274 4 units per acre.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
9
Item II-E
PRESENTATION
Ar)D-ON ITEM # 21600
Under the sponsorship of Councilman MCCoy, DiCk Browner, Sue Gibson, and
Tom Fisher representing the Virginia Chapter of the National Committee for
Prevention of Child Abuse,invited Councilmembers to participate in a
CELEBRITY NIGHT (April 18, 1984). Local celebrities in the area will
participate as waitresses and waiters. All gratuities will benefit the
Virginia Chapter for Child Abuse. The owners of the restaurants involved,
the Golden Dragon and the Raven, have agreed to donate a percentage of
their profits. Senators Joe Canada, Clancy Holland and Delegates Owen
Pickett and Buster O'Brien have accepted.
March 26, 1984
- 10 -
Item II-E.1
PROCLAMATION iTEm # 21601
Mayor Jones PROCLAIMED the week of April I through April 7, 1984:
WEEK OF THE YOUNG CHILD
This Proclamation recognized the contributions made by the Tidewater Child
Care Association, the Tidewater Association for Early Child Education, the
National Association for the Education of Young Children and the Virginia
Association for Early Childhood Education.
Accepting the Proclaination were Rebecca Moore, Treasurer, and Virqinia
Phillips, Past President - Tidewater Association for Early Child Education.
March 26, 1984
10a -
WHEREAS, the TidemteA Chitd Ca4e @ociation and the TidewteA A"ociation
So,t Ea4ty Chitdhood Education, in conjunction with the Nationat AAAociation 6oi
the Education oi Voung Chitd4en and the Vi4ginia A"ociation doL EaLfy Chitdhood
Education, i-6 .6pon,6o4ing the Week o6 the Voung Chitd, Ap4it 1 thitough 7, 1984; and
WHEREAS, by catting attention to the educationat and 6etvice p4Og4am pAe-
,6entty avaitabte to ouA young chitd4en, the,6e votunta4y p4oieuionat gicoup-6 hope
to impitove the quatity oi the-6e piLog4@ a,6 wett a.6 initiate new o66e4ing,6; and
WHEREAS, the,6e iqmoved eiio4t6 witt .6e4ve to in@e that ou4 young chitd4en,
4egdAdteAA oi 6ociat 04 economic ztatLLA, witt 4each theia phy,6icat, .6ociat, emotionaf
and intettectuat potentiat; and
WHEREAS, pubtic coope4ation iaom home, .6choot and community i,6 needed to Sut-
Sitt ou4 tupon-6ibititie,6 to young chitdten;
NOW, THEREFORE, 1, Loui,6 R. Jone-6, MaYO4 Oi the City o6 Vi4ginia Beach, do
he4eby p4oCtaim the week o6 Ap4it 1-7, 1984 a.6
WEEK OF THE VOU14G CHILD
and u4ge att citizen,6 oi Vi4ginia Beach to 6uppott and encoa4age att agencie,6 WOlLking
jo4 the tmtt being o6 young chitdten.
IN'WITNESS WHEREOF, I have he4eunto .6et my hand and caaaed the Seat o6 the
City 06 ViAginia Beach to be a66ixed thi,6 &enty-,6ixth day og Ma4ch, nineteen hund4ed
and eighty-jou4.
Loui,6 R. Jon@
MayoA
March 26, 1984
Item II-F.1
RESOLUTIONS ITEM 21602
Upon motion by Councilman McCoy, seconded by Councilman Bawn, City Council
ADOPTED a Resolution approving the issuance of Special Revenue Bonds to
ROSEGATE ASSOCIATES ($1,500,000) through the SUFFOLK REDEVELOPMENT AND
HOUSTNG AUTHORITY.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- Ila -
RESOLUTION
WHEREAS, Rosegate Associates, a Virginia general partnership,
(the "Developer") desires to construct housing in the City of Virginia
Beach (the "City"); and
WHEREAS, the City wishes to induce the construction of housing
in order to provide needed apartment dwellings; and
WHEREAS, the Developer desires to finance the development
of said housing with the proceeds of industrial revenue bonds exempt
from taxation pursuant to SS 103(b)(4)(A) of t@e Internal Revenue Code;
and
WHEREAS, the Suffolk Redevelopment and Housing Authority
(the "Authority") has the power to make loans for assistance in housing
construction, and is willing to issue bonds for the benefit of the
Developer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. There is a need for the Authority to exercise its aforesaid
powers within the City for the purposes hereinabove described and the
Authority is invited and encouraged to issue its bonds for the benefit
of the Developer and the furtherance of said purposes.
2. These resolutions shall not be deemed an endorsement
of said bonds or the creditworthiness of the Authority, the Developer
March 26, 1984
- Ilb -
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 due thereon
or other costs incident thereto, and neither the faith and credit nor
the taxing power of the Comnonwealth, the City or the Authority shall
be pledged thereto.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON MARCH 26, 1984.
2
March 26, 1984
llc
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY,SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
Project Name: Rosegate Associates
Project Location: East side of Groveland Road 600 feet south of
Virginia Beach Boulevard in Lynnhaven Borough,
Virginia Beach, Virginia
Description of Project: 56-unit apartment complex, including landscaping
and recreational amenities
Amount of Bond: $1,500,000
Principals: Louis Lucente, Amel Viola and Pat Viola
The purpose of this Resolution is to encourage and invite
the Suffolk Redevelopment and Housing Authority to issue
its bonds for the benefit of Rosegate Associates.
A fiscal impact statement will be attached and submitted
with the Resolution approving the issuance of the bonds.
March 26, 1984
- 12 -
Item II-G
CONSENT AGENDA ITEM # 21603
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City
Council APPROVED, in ONE MOTION, Items 1, 3, 5, 6, 7, and 8 of the CONSENT
AGENDA.
Items 2, and 4 were voted on separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- 13 -
Item II-G.1
CONSENT AGENDA ITEM # 21604
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to Amend and Reordain Section 8-31 (c)
(11) of the Code of the City of Virginia Beach, Vrqinia pertaining to
MOVING OF BUILDINGS or structures.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Memhers Voting Nay:
None
Council members Absent:
Nancy A. Creech
March 26, 1984
13a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 8-31(c)(11) OF THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO MOVING OF
BUILDINGS OR STRUCTURES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA%
That Section 8-31(c)(11) of the Code of the City of
Virginia Beach, Virginia, pertaining to moving of buildings or
structures, is hereby amended and reordained as follows:
Section 8-31. Permit fees - Building permits.
(11) Moving of buildings or structures:
a. For the moving of a building from one
location to another location on the same
lot or parcel of land, when such move
does not require it to be moved on a
street, the fee shall be fifty dollars
($50.00).
b. For the moving of a one-story garage or a
one-story accessory building with no
living quarters, the fee shall be fifty
dollars ($50.00).
c. For the moving of any building from one
location in the City to another location
in the City, the fee shall be t"-hundred
determined in
accordance with the fees established in
paragraphs (c) (1) through (20).
d. For the moving of any building through
the City from a location outside the City
to another location outside the City, the
fee shall be two hundred fifty dollars
($250.00).
March 26, 1984
- 13b
e. For the moving of any building from a
location within the City to a location
outside the City, the fee shall be two
hundred fifty dollars ($250.00).
f. For the moving of any building from a
location outside the City to a location
within the City, the fee shall be t-We
determined in accordance with the fees
established in paragraphs (c) (1) through
(20).
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on th@ 26 day of March 1984.
RJN/da
2/14/84
(C)
APPROVED AS TO CONTENT
SIGNATURE
I)EPARTMENT
VED AS Yp FT)IZM
IJVJ @IGNATURQI
CITY ATTORNEY
March 26, 1984
-2-
- 14 -
Item II-G.2
CONSENT AGENDA ITEM # 21605
Sam Houston, Jr., representing Senior Citizen Community and Handicapped, spoke
concerning the Ordinance.
Alfred Dreyfus, President of Electronic Computer Programing Institute, spoke
concerning the Ordinance, and requested the City reduce the business license
tax for technical schools.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to Ainend and Reordain Sections 18-52(a), 18-53(a)
through (c), 18-55(a), 18-56(b) and (c), 18-73(a), 18-80(a), 18-85, 18-88(a),
18-89(a), 16-91(c), 18-99(a), 18-100.1(a), 18-101(a), 18-102(a) and 18-113(b)
of the Code of the City of Virginia Beach relating to BUSINESS, PROFESSIONAL and
OCCUPATIONAL LICENSE TAXES.
voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jenninqs, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 14a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 18-52(a), 18-53(a) through (c), 18-55(a),
18-56(b) and (c), 18-73(a), 18-80(a), 18-85,18-88(a),
18-89(a), 18-91(c), 18-99(a), 18-100.1(a), 18-101(a),
18-102(a) and 18-113(b) OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING TO BUSI-
NESS, PROFESSIONAL AND OCCUPATIONAL
LICENSE TAXES.
BE rF ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 18-52. Amusement and recreation service businesses.
(a) Every person engaged fn any amusement and recreation service
business shau pay a license tax equal to $25.00 and thirty-nine. thirty-Mx one-
hundredths of one percent of the gross receipts in excess of $2,500.00 in such
business during the preceding calendar year.
Section 18-53. Amusement parks.
(a) The owner or operator of any permanent park for public amusement
in the city open to the public shall, for the privilege of operating within such
park a bowlirig ahey, hobby horse, merry-go-round, ferris wheel, old min, dip-
the-dips and other similar amusements, bathhouses, boat houses, parking lots and
the following coin-operated devices: Machines for exhibiting pictures, automatic
photo machines, baseball machines, bowling arey machines, hockey machines,
auto testing machines, machines for testing strength or grip, electronic gun and
rifle machines, aeroplane-testing machines, basketbafl machines, foot-ease
machines, weight scale machines, punching bag machines, tractor machines,
crane machines, voice-recording machines and similar coin-operated amusement
devices that are usual to an amusement arcade operation, other than coin-
operated pinball machines, shau pay the forowing license tax: $700.00 and, in
addition thereto, thirt-@mine- thirty-six one-bundredths of one percent of the
gross receipts, exclusive of any federal and city admission tax thereon, from aU
such activities, except the gross receipts from the operation of such bathhouses,
boat houses and parking lots; provided, that coin-operated pinball machines shail -
be separately licensed under the law relating thereto.
March 26, 1984
- 14b -
(b) When an amusement park has six or less of the amusements
enumerated in subsection (a) of this section, such license tax shall be as follows:
$100.00 for each amusement and, in addition thereto, t),tirty@ne thirty-six one-
hundredths of one percent of the gross receipts from all the amusements,
exclusive of any federal and city admission tax thereon.
(c) Whenever any amusement within an amusement park is operated by
a person other than the operator of such park, such person shall pay for such
amusement the following license tax: $50.00, and in addition thereto, thirty-nine
thirty-six one-hundredths of one percent of the gross receipts therefrom,
exclusive of any federal and city admission tax thereon.
Section 18-55. Automotive services and garage businesses.
(a) Every person engaged in any automotive service and garage
business shall pay a license tax equal to $25.00 and-thipty-se"" thirty-six one-
hundredths of one percent of the gross receipts in excess of $2,500.00 in such
business during the preceding calendar year.
Section 18-56. Barbershops, beauty parlors and barber and beauty culture
schools.
(b) Every person who shall conduct or operate a barbershop shau pay a
license tax of $25.00 and forty-five forty-one one-hundredths of one percent on
gross receipts in excess of $2,500.00 in such business during the preceding
calendar year.
(c) Every person who shall conduct or operate a beauty parlor or
hairdressing establishment shall pay a license tax of $25.00 and-feA@ive.
one one-hundredths of one percent on gross receipts in excess of $2,500.00 in
such business during the preceding calendar year. A license issued under thfs
chapter pursuant to the payment of the license tax set out in this subsection shan
not authorize the teachirig or instruction of beauty culture or cosmetology.
March 26, 1984
- 14c -
Section 18-73. Same-Vending machines.
(a) Every L>erson engaged in the business of selling goods, wares and
merchandise through the use of coin-operated vending machines shau be
classified as a retail merchant on that phase or g>art of the business done through
such machines and shall pay a license tax of $25.00 and, in addition, t-wenty-tliree
twenty-one one-hundredths of one percent of the gross receipts in excess of
$2,500.00 for the privilege of doirig business in this city; provided, however, that
if any such person has more than one definite place in this city at which goods,
wares or merchandise are stored, kept or assembled for supplying such vending
machines, each such place in excess of one shau be regarded as an additional
definite place of business. The license tax aforesaid shau not be subject to
proration.
Section 18-80. Educational service businesses.
(a) Every person engaged in any educational service business shall pay a
license tax equal to $25.00 and -foray-six forty-two one-hundredths of one
percent of the gross receipts in excess of $2,500.00 in such businesses during the
preceding calendar year.
Section 18-85. Hotels, motels, motor lodges, etc.
Every L>erson conducting the business of keeping a hotel, motel, motor
lodge, auto court or tourist camp shall pay an annual license tax equal to $25.00
and @t-y-twe thirty-nine one-hundredths of one percent of the gross receipts In
excess of $2,500.00 during the preceding calendar year, except receipts from
telephone service and except rent from stores and offices. (Code 1965, cts20-129)
Section 18-88. Medical and other health service businesses.
(a) Every 1>erson engaged In any medical or other health-service business
shall pay a Ucense tax equal to $25.00 and-forty-six forty-three one-hundredths
of one percent of the gross receipts in excess of $2,500.00 in such business during
the preceding calendar year.
March 26, 1984
14d -
Section 18-89. Merchants, retail.
(a) Every person engaged in the business of a retall merchant shan pay a
license tax equal to $25.00 and @nty-t-hree twenty-one one-bundredths of one
percent of the gross sales, whether paid or not, in excess of $2,500.00 in such
business during the preceding calendar year.
Section 18-91. Money lenders generauy; handling or dealing in installment paper.
(c) Every person engaged in the business of lending money under the
provisions of the state Uniform SmaH Loan Act* shan pay a license tax of
$500.00 andeioty-f-etir- seventy-nine one hundredths of one percent of the gross
receipts of such business during the preceding calendar year in excess of
$50,000.00, excluding repayments of principal.
Section 18-99. Personal service businesses.
(a) Every person engaged in any personal service business shall pay a
license tax equal to $25.00 and -fo@ive forty-one one hundredths of one
percent of the gross receipts in excess of $2,500.00 in such business during the
preceding calendar year.
Section 18-100.1. Professional service businesses and professions.
(a) Every person engaged in any professional service business or profession
shall pay a license tax equal to $25.00 and -siK@en- sixty-two one-hundredths
of one percent of the gross receipts in excess of $2,500.00 in such business during
the preceding calendar year.
Section 18-101. Real estate and finance businesses.
(a) Every person engaged in any real estate or finance business shall pay a
license tax equal to $25.00 and si3tt-y-one fifty-five one-hundredths of one percent
of the gross receipts in excess of $2,500.00 in such business during the preceding
calendar year.
March 26, 1984
14e
Section 18-102. Repair service businesses.
(a) Every person engaged in any repair service business shau pay a license
tax equal to $25.00 and thipt-j-mvm thirty-six one-hundredths of one percent of
the gross receipts in excess of $2,500.00 in such business during the preceding
calendar year.
Section 18-113. Trailer courts.
(b) Every person conducting the business of keeping a trafler court shan pay
an annual license tax equal to $15.00 per space used or Intended to be used as
such, within such trailer court, and -five @reent four and one-half percent of the
gross receipts of the business during the preceding calendar year.
This ordinance shall become effective May 1, 1984.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 26 day of march 198i.
March 26, 1984
- 15 -
Item II-G.3
CONSENT AGENDA ITEM # 21606
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to Transfer funds of $160,000 within the
DEPARTMENT OF SOCIAL SERVICES for the State and Local Hospitalization Pro-
gram.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
15a -
0
0 z z
0 AN ORDINANCE TO TRANSFER FUNDS
< OF $160,000 WITHIN THE DEPARTMENT
Z
OF SOCIAL SERVICES FOR THE STATE
> AND LOCAL HOSPITALIZATION PROGRAM
0
re
r@
CL
WHEREAS, the Department of Social Services provides
aState and Local Hospitalization Program which is funded 75%
by the state and 25% by the locality, and
WHEREAS, based on the number of referrals to the
program, the Department of Social Services estimates that for
the remainder of the fiscal year the program will exceed its
budget by $160,000, and
WHEREAS, the Department of Social Services desires
to continue the program and is able to provide the necessary
funds by transfer within its budget from available funds in
the General Relief and Foster Care Programs and Other
Purchased Services, and
WHEREAS, it is anticipated that additional state
funds will be available for the state reimbursement of its
share of the program costs.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $160,000 be transferred
from available sources within the budqet of Department of
Social Services for the State and Local Hospitalization
Program.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on 26 day of March , 1984.
March 26, 1984
- 16 -
Item II-G.4
CONSENT AGENDA ITEM # 21607
Upon motion by Councilman Jones, seconded by Councilman McCoy, City Council
DEFERRED for one week to the City Council Meeting of April 2, 1984, an
Ordinance authorizing the City Manager to execute a DEED OF VACATION and
QUITCLAIM between the City of Virginia Beach and BERNARD YROLL AND ALBERT
KROLL vacating portions of the 200' drainage easement at Scarborough Square,
in the Princess Anne Borough.
Councilman Baum r@ested improved maps showing the overall area, not just the
drainage easement.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
16a -
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEED OF VACATION AND QUITCLAIM
BETWEEN THE CITY OF VIRGINIA BEACH AND
-0 BERNARD KROLL AND ALBERT KROLL VACATING
<-
PORTIONS OF THE 200' DRAINAGE EASEMENT AT
<
SCARBOROUGH SQUARE, IN THE PRINCESS ANNE BOROUGH
t:
WHEREAS, by plat, entitled "STREET DEDICATION AND EASEMENT
PLAT SCARBOROUGH SQUARE FOR BERNARD KROLL, ALBERT KROLL, AND RUTH
COHEN PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," dated
October, 1969, and recorded in the office of the Clerk of the
Circuit Court of the City of Virginia Beach, in Map Book 84, at
Page 13, Bernard Kroll and Albert Kroll (the "Owners") conveyed to
the City of Virginia Beach a 2001 drainage easement across their
property; and
WHEREAS, the Owners have requested that the City of
Virginia Beach release its right and interest in those portions of
the "EXISTING 2001 DRAINAGE EASEMENT' shown as the shaded areas on
that certain plat entitled 'PLAT SHOWING AREA OF 2001 DRAINAGE
EASEMENT TO BE VACATED AND 301 UTILITY EASEMENT TO BE DEDICATED AT
SCARBOROUGH SQUARE FOR CHAPEL HILL BUILDERS PRINCESS ANNE BOROUGH
VIRGINIA BEACH, VIRGINTA," dated November 29, 1983, revised
February 7, 1984, and March 14, 1984, and prepared by Basgier and
Associates, Consulting Engineers-Surveyors-Planners, Virginia
Beach, Virginia, a reduced copy of which is attached hereto and
made a part hereof as "Exhibit A;" and said shaded areas are
hereinafter collectively referred to as 'Portions Of The 2001
Drainage Easement To Be Vacated'; and
WHEREAS, it has been determined by the Department of
Public Works that the Portions Of The 2001 Drainage Easement To Be
Vacated are in excess of the needs of the City of Virginia Beach,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
Deed of Vacation and Quitclaim (a copy of which is attached hereto
and incorporated herein by reference as Exhibit B), releasing the
City's right and interest in the Portions Of The 200' Drainage
Easement To Be Vacated to Bernard Kroll and Albert Kroll.
Adopted by the Council of the City of Virginia Beach,
Virginia, on
CJ/da - (C) - 3/19/84
March 26, 1984
16b
>
March 26, 1984
- 17 -
Item II-G.5
CONSENT AGENDA ITEM # 21608
Upon motion by Councilman Heischober, seconded by Councilwoman oberndorf,
City Council ADOPTED an Ordinance authorizing the City Manager to execute
a DEED OF VACATION between the City of Virginia Beach and LEE A. GIFFORD.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
17a -
z
0
u
z
0
tn
I z z AN ORDINANCE AUTHORIZING THE CITY MANAGER
0 <
93 TO EXECUTE A DEED OF VACATION BETWEEN
BEACH AND LEE A. GIFFORD
> THE CITY OF VIRGINIA
0
tl-
CL
WHEREAS, Lee A. Gifford (hereinafter "Grantee"), is the
fee simple owner of that certain parcel of land shown and
described on that certain plat entitled "PLAT SHOWING WATER LINE
EASEMENT TO BE VACATED AND WATER, UTILITY AND DRAINAGE EASEMENTS
TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA, HAYGOOD
EXECUTIVE PARK FOR LEE A GIFFORD, BAYSIDE BOROUGH, VIRGINIA
BEACH, VIRGINIA' Scale : 11=1001 dated March 31, 1983, prepared
by Basgier and Associates, a professional corporation,
consulting Engineers-Surveyors-Planners, Virginia Beach,
Virginia, a copy of which is attached hereto and made a part
hereof as Exhibit A showing an 'EXISITNG 10' WATER LINE EASEMENT
(M.B. 79, P.41) HEREBY VACATED'; and
WHEREAS, by that certain plat entitled "PLAT SHOWING
STREET DEDICATION FOR HAYGOOD SHOPPING CENTER, BAYSIDE BOROUGH,
VIRGINIA BEACH, VIRGINIA SCALE: 1"=100', FEBRUARY 19671 and duly
recorded in the Clerk's office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 79, at page 41, said 10
foot waterline easement running parallel to and approximately 140
feet South of Haygood Road was dedicated to the City of Norfolk
for water main;, meters and fire hydrants; and
WHEREAS, in 1973 the City of Virginia Beach purchased
its water system from the City of Norfolk, thereby succeeding to
all the right, title and interest that the City of Norfolk had in
that certain 10 foot waterline easement; and
WHEREAS, by that certain plat entitled 'PLAT SHOWING
PORTION OF UTILITY AND DRAINAGE EASEMENT AND WATER LINE EASEMENTS
TO BE VACATED AND WATER, UTILITY AND DRAINAGE EASEMENTS TO BE
March 26, 1984
17b -
DEDICATED To THE CITY OF VIRGINIA BEACH, VIRGINIA, HAYGOOD
EXECUTIVE PARK FOR LEE A. GIFFORD BAYSIDE BOROUGH, VIRGINIA
BEACH, VIRGINIA, SCALE: 1"=100' MARCH, 1975 RECORDED IN THE
AFORESAID CLERK'S OFFICE IN MAP BOOK 126 AT PAGE 25, THE 10 FOOT
WATERLINE EASEMENT IN QUESTION WAS DESIGNATED' TO BE VACATED':
and
WHEREAS, the Grantee has agreed to dedicate water,
utility and drainage easements by a separate Deed of Dedication
dated May 6, 1983, a copy of which is attached hereto and made a
part hereof as Exhibit B described as "10 FOOT UTILITY AND
DRAINAGE EASEMENT HEREBY DEDICATED' and' VARIABLE WIDTH UTILITY
AND DRAINAGE EASEMENT HEREBY DEDICATED" and "20 FOOT UTILITY AND
DRAINAGE EASEMENT HEREBY DEDICATED" and '25 FOOT UTILITY AND
DRAINAGE EASEMENT HEREBY DEDICATED" and "15 FOOT UTILITY AND
DRAINAGE EASEMENT HEREBY DEDICATED" and '15 FOOT WATER LINE
EASEMENT HEREBY DEDICATED", and as shown as the shaded areas on
Exhibit A; and
WHEREAS, the said existing 10 foot water line easement
(M.B. 79, P. 41) as shown on Exhibit A has never been vacated and
the Grantee has so requested that the City vacate said easement;
and
WHEREAS, it has been determined by the Department of
Public Works and the Department of Public Utilities that the
alternate easements dedicated by said Deed of Dedication (Exhibit
B) will be sufficient to meet water, utility, and drainage needs
and that the easement to be vacated is no longer needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute
the Deed of Vacation (a copy of which is attached hereto as
Exhibit C and made a part hereof) between the City of Virginia
Beach (hereinafter "Grantor') and Lee A. Gifford, Grantee wherein
Grantor vacates that certain easement entitled 'EXISTING 101
WATER LINE EASEMENT (M.B. 79, P. 41) HEREBY VACATED' as shown
-2-
- 17c -
on the attached Exhibit A.
Adopted by the Council of the City of Virginia Beach,
Virginia, on March 26, 1984
WCBj r/awj
misc/l
3/1 3/8 4
March 26, 1984
-3-
17d
Exhibit A
Nort:
1. CO Easements to be dedicated by doed.
2.(M.B. 126, p.25) Is hereby voldod by the recording of this plat.
HAYGOOD ROAD (VA*IABLE wtorm)
orrwrffnry otoocATED To rw oorl or vino#NIA
Cm. vintoxia (b. 0. ates. P. ists)
N Wqdttig W
os.DW')
)4.00'
'?Y AND
IVOW or formerly
trANLEY Lr. OLIVLPM at
(0.6. ANS, P. 064)
No to
rty of foulta
Po P. 41@
el#rFORD
Q:
j
Q:
WEsr(;ROVE
N 14 201. #4'
ur LITIES
EASCAoir
A 21. Po, it 48) (0- 1. 1431, P- 804)
PARCEL oRC
(U.S. 108, p. 14
RETAIL
itate: r@- 46
"00Y 601 7-0 ie
A;Plv-ld@ Date:
w@ of PUDIIC Wons, Clty of Virginia
@19 IDate:
Appm nic go", vimmic
r of Public urit I r)ps/ry Of volvi
PLArSWOWING
WATER LINE EASEMENT TO BE VACATED AND WATER, UTILIRY
AND DRAINAGE EASEMENTS TO BE DEDICATED TO THECITYOF
VIRGINIA BEACH, VIRGINIA, HAYGOOD EXECUTIVE PARK
FOR
LEE A. GIFFORD
SAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA
Scale: l"s 100' Atorch 31. 1983
BASGIER AND ASSOCIATES
A PROFESSIONAL C
CONSULTING ENGINEERS-BUI
VIRCINIA BEACH, VIRGINI REVISED 12-IP-83
J. 0. 83120 E5-232 March 26, 1984
17e - Exhibit B
THIS DEED OF DEDICATION, made this 6th day of May,
1983, by and between LEE A. GIFFORD and HELEN G. GIFFORD,
his wife, the first parties; and THE CITY OF VIRGINIA BEACH,
VIRGINIA, a municipal corporation of the Comonwealth of
Virginia, the second party;
W I T N E S S E T H:
That for and in consideration of the rutual benefits accruing
or to accrue to the above mentioned parties and other good
and valuable consideration, the receipt of which is hereby
acknowledged, the first parties do hereby dedicate, grant
and convey with GENERAL WARRANTY and ENGLISH COVENANTS OF
TITLE unto the second party, the following described property,
to-wit:
All those certain tracts or parcels of land,
together with the improvements thereon atid the
appurtenances thereunto belonging, lying, situa6
and*being in the City of Virginia Beach, Virginia
and designated and described as "10 FOOT UTILITY
AND DRAINAGE EASEMENT HEREBY DEDICATED" and
"VARIABLE WIDTH UTILITY AND DRAIIQAGE EASEMENT
HEREBY DEDICATED" and "20 FOOT UTILITY AND
DRAIIIAGE EASEBENT HEREBY DEDICATED" and "25
FOOT UTILITY AND DRAINAGE EASEMENT HEREBY
--,DEDICATED"..and "15 FOOT UTILITY AND DRAINAGE
EASEMENT HEREBY DEDICATED" and "15 FOOT WATER
LINE EASEMENT HEREBY DEDICATED", all as shown
on that certain plat of survey entitled "PLAT
SHOWING WATER LINR,, EASEMENT TO BE VACATED
AITD WATER, UTILITY AND DRAINAGE EASEMENTS To
BE DEDICATED TO THE CITY OF.VIRGINIA BEACH, VIRGINIA,
RAYGOOD EXECUTIVE PARK FOR LEE A. GIFFORD BAYSIDE
BOROUGH - VIRGINIA BEACH, VIRGINIA", scale: 1"
100 1, dated March 31, 1983, made by Basgier and
Associates, a Professional Corporation,
Consulting Engineers-Surveyors-Planners,
Virginia Beach, Virginia, a copy of which plat is
attached hereto and made a part hereof atd to which
reference is made for a irore particular description.
It being a part of the sare property conveyed to
t:ee A. Oiffotd from 14eadow Creek Corporation, a
Virginia corporation, by deed dated January 10,
1966, and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia in Deed Book 945 at page 264.
@, %.1, ., @l,,,.
I
I
- 1 7 ,
March 26, 1984
1
17f
This conveyance is made expressly subject to such
covenants, conditions, restrictions, easements, rights of way
and reservations, if any, affecting the above described
property duly of record and constituting constructive notice.
The first parties covenant that they are seized in fde
simple of the said property and have the right to cbnvey,.the
said property to the second party; that they have done tio
act to encumber the sarae; that the said second party shall have
quiet and peaceable possession of the same, free from all
encumbrances; and that they, the first parties, will execute
such further assurances of title as may be requisite:
WITNESS the following sig eals:
(SEAL)
I Lee 'A.
Ee- (SEAL)
@elen G. Gittord@
STAtt 6i? vtikbtvu,'
CITY OF VI to-wit:
I hereby certify that the foregoing deed was acknowledged
before me by Lee A. Gifford and Helen G. Gifford this 41
day of June, 1983.
Notary Public
My commission expires:
APPROVED AS TO CONTENT
As fo C"ml*
@TURY
DEPARTMENT
Al TO MW -1
SIGNATt)ItE
CITY ATTORNEY
-2- March 26, 1984
17g
Exhibit C
THIS DEED OF VACATION, made this 6th day of May, 1983,
by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, the first party, and
LEE A. GIFFORD, the second party;
WHERI-:AS, by that certain plat entitled "PLAT SHOWING
STREET DEDICATION FOR RAYGOOD SHOPPING CENTER, BAYSIDE BOROUGH--
VIRGINIA BEACH, VIRGINIA SCALE 1" - 100', February 1967"
and duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, in Map Book 79, at
page 41, a 10 foot waterline easement running parallel to and
approximately 140 feet South of Haygood Road was dedicated to the
City of Norfolk for-water mains, meters and fire hydrants; and
WHEREAS, in 1973 the c Virginia Be ts
water system from the City of Norfolk, thereby succeeding
to all the right, title and interest that the City of Norfolk
had in that certain 10 foot waterline easement; and
WHEREAS, by that certain plat entitled "PIAT SHOWING
PORTION OF UTILITY AND DRAINAGE EASEME17T AND WATER LINE
EASEMENTS TO BE VACATED AND WATFR, UTILITY AND DRAINAGE
EASEMENTS TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH,
VIRGINIA, HAYGOOD EXECUTIVE PARK FOR LEE A. GIFFORD BAYSIDE
BOROUGH - VIRGINIA BEACH, VIRGINIA, SCALE 1" - 100' March,
1975" recorded in the aforesaid Clerk's Office in Map Book
126 at page 25, the 10 foot waterline easement in question
was designated "TO BE VACATED": and
WHEREAS, said easement has never been vacated; and
WHEREAS, the first party has no further interest in
said easement, and, pursuant to the request of the second
party, the first party has agreed to relinquish the same;
and it is in the interest and desire of the parties hereto
March 26, 1984
17h
to vacate said easement;
NOW THEREFORE, WITNESSETH:
That for and in consideration of the mutual benefits
accruing or to accrue to the parties hereto and other good
and valuable consideration, the receipt of which is hereby
acknowledged, the first party does hereby release, terminate,
relinquish and vacate all of its right, title and interest
in, to and under the following.described property, to-wit:
All that certain tract or parcel of land, with the
improvements thereon and the appurtenances
thereunto belonging, lying, situate and being in
the City of Virginia Beach, Vireinia and being
designated and described as "EXISTING 10' WATER
LINE EASEMENT (Map Book 79, page 41) HEREBY
VACATED" as shown on that certain plat of
surve)r entitled "PLAT SHOWING WATER LINE
EASE@NT TO Bt VACATED AND WATER, UTILITY AND
DRAINAGE EASEMENTS TO BE DEDICATED TO THE CITY
OF VIRGINIA BEACH, VIRGINIA, RAYGOOD EXECUTIVE
PARK FOR LEE A. GIFFORD BAYSIDE BOROUGH - VIRGINIA
BEACH, VIRGINIA", Scale: 1" - 100', dated March
31, 1983, made by Basgier and Associates, a
Professional Corporation, Consulting Engineers-
Surveyors-Planners, Virginia Beach, Virginia,
which-said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Deed Book at
Page
Ill WITNESS WHEREOF, the City of Virginia Beach has
caused this instruirent to be executed in its nave and behalf
this the day of 1984.
CITY OF VIRGINIA BEACH
CEPARTMENT
.,,IED.AS TO FORM By
Thomas H. Muehlenbeck
SIrNATVRE
ATTEST: CITY ATTOINEY
STATE OF VIRGINIA,
City of to-wit:
I hereby certify that the foregoing instrument was
acknowledged before me by this
day of 1984.
Notary
My commission expires:
March 26, 1984
18
Item II-G.6
CONSENT AGENDA ITEM # 21609
Upon motion by Councilman Heischober, seconded by Councilwoman oberndorf,
City Council APPROVED Raffle Permits for the following:
CHARLESTOWNE CIVIC LEAGUE, INC.
PRINCESS ANNE WOMEN'S CLUB
Voting; 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- 19 -
Item II-G.7
CONSENT AGENDA ITEM # 21610
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount
of $2,627.41 upon application of certain persons and upon certification
of the Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Daum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
19a
FORM NO. C.A. 7 3/14/84 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NANE Tax Type Ticket Exonera- Dat Penalty I nt. Total
Y ear of Tax Number tion No. Paid
Mutual Federal S & L 83 RE(1/2) 42524-9 12/5/82 731.51
Mutual Federal S & L 83 RE(2/2) 42524-9 6/5/83 731.51
Edward Lee 80 pp 67797 2/2/81 23.68
Edward Lee 81 pp 142167 1/27/82 41.54
Edward Lee 82 pp 148512-7 1/19/83 55.08
Total 1,583.32
5 1984
D;7PT. OF LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Cet as to paypent;
si 118'1 'i@ were approved by
the Council of the City of Virginia
Beach on the 26 day of m ... h
1984 Jo T Atktnsori, Treasurer
Approved as to form:
Ruth Hodges Smith f
City Clerk 3(L, 1114
ty Attorney
March 26, 1984
19b -
FORM NO. C.A. 7
3/19/84 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Dato Penalty Int. Total
Year of Tax Number tion No. Paid
Jack T Smith 82 pp 154738-3 2/8/83 245.04
Jack T Smith 83 pp 131665-8 6/5/83 240.84
Wanda Faye French 83 pp 169314-2 2/1/84 14.94
Alvin M Faville 83 pp 190202-3 3/2/84 12.36
Mutual Federal S & L 84 RE(1/2) 12839-1 12/5/83 94.07
Life Federal S & L 84 RE(1/2) 33858-3 12/5/83 15.00
Charles Jr & Helen Wallace 84 RE(1/2) 89500-7 12/5/83 26.76
Farm Fresh Inc 84 RE(1/2) 26650-7 12/5/83 327.53
Rudy & Kelly Hair Stylists 84 RE(1/2) 74856-9 12/5/83 67.55
1,044.09
Me 2o 19B4
DF-P@T OF- LAW-
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling t@ d as to p
$1,044.09 We're' approved by
the Council of the City of Virginia
Beach on the 26 day of arch, @984
I tn T. AWn;c(n,t erasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
- 20 -
Item II-G.8
CONSENT AGENDA ITEM # 21611
Upon motion by Councilman Heischob,r, seconded by Councilwoman Ob,rnd,,f,
City Council ADOPTED an Ordinan,, authorizing License Refunds in the am,,,nt
of $12,635.07 upon applicati,n f :ertain persons and upon certificatio,
of the Commissioner of the Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. He,ley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council MemberS Absent:
Nancy A. Creech
March 26, 1984
20a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Browning Ferris Industries of
South Atlantic, Inc.
T/A Tidewater Dispose All, Inc,
P. 0. Box 13418
Chesapeake, VA 23325 1980/81/82 12?635.07 12,635.07
ce ment:
Ivan D. Mapp f
Commissioner of Revenue
Approved," t
n
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $12, 635. 07 were approved by the Council
26 March
of the City of Yirglnla Beach on the day of 19 84
Ruth Hodges Smith
City Clerk
March 26, 1984
2 1
Item II-H.1
PLANNING ITEM # 21612
Howard Salmons, Applicant, in attendance to respond to any questions.
Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of HOWARD SALMONS for a Conditional
Use Permit, noting Vice Mayor's Henley's remarks that this approval
is subject to renewal at the end of a three year period which can be
handled by the Planning Staff and would not necessitate returning to
Council, unless there is a problem.
ORDINANCE UPON APPLICATION OF HOWARD SALMONS FOR
A CONDITIONAL USE PERMIT FOR TWO MOBILE HOMES
R0384621
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of Howard Salmons for a
Conditional Use Permit for 2 mobile homes for farm
lab@rers on certain property located on the east
side of Princess Anne Road adjacent to Creeds Elem-
entary School as shown on site plat entitled "Property
of J. Howard and Joyce W. Salmons", dated December 18,
1981, and recorded in Deed Book 889, Page 34. Plats
with more detailed information are available in the
Department of Planning. Said parcel is located at
928 Princess Anne Road and contains 3 acres. PUNGO
BOROUGH.
The following condition is required:
1. Approval is for a period of three years.
This ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-sixth day of March, Nineteen Hundred and Eight-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech march 26, 1984
- 22 -
Item II-H.2
PLANNING ITEM # 21613
Upon motion by Councilman Baum, seconded by Councilman Heischober City
Council ADOPTED an Ordinance -upon application of H. C. SHIRLEY for a
Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF H. C. SHIRLEY FOR A
CONDITIONAL USE PERMIT FOR A SINGLE FAMILY RESIDENCE
R0384622
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
ordinance upon Application of H. C. Shirley for a
Conditional Use Permit for a single family residence
in the AG-1 Agricultural District on certain property
located 600 feet east of Blackwater Road beginning at
a point 1400 feet more or less north of Indian Creek
Road, running a distance of 151.61 feet along the
western property line, running a distance of 1107.70
feet along the northern property line, running a
distance of 177.35 feet along the eastern property
line and running a distance of 1262.50 feet along the
southern property line. Said parcel contains 4.52
acres. BLACKWATER BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
wenty-sixth day of March, Nineteen Hundred and Eight-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- 23 -
Item II-H.3
PLANNING ITEM # 21614
Michael A. LaGiglia, Jr., represented the Applicant.
Upon motin by Councilman Kitchin, seconded by Councilwoman oberndorf, City
Council ADOPTED an ordinance upon application of BEACH RECREATION, INC.
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF BEACH RECREATION, INC.
FOR A RECREATIONAL FACTLITY OF AN OUTDOOR NATURE
(hydrotube) R0384623
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
ordinance upon Application of Beach Recreation, Inc. for
a Conditional Use Permit for a recreational facility of
an outdoor nature (hydrotube) at the southeast corner
of 22nd Street and Pacific Avenue on Lots 20 and 22,
Block 51, Virginia Beach Development Co. Parcel con-
tains 14,000 square feet. VIRGINIA BEACH BOROUGH.
This ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-sixth day of March, Nineteen Hundred and Eight-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- 24 -
Item II-H.4
PLANNING ITEM # 21615
Jerry W. Adams, Conunercial Realtor, represented the Applicant
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of W. W. REASOR for a
Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF W. W. RFASOR FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO 0-1 Z0384840
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of W. W. Reasor for a
Change of Zoning District Classification from R-5
Residential District to 0-1 Office District on
certain property located on the south side of
Norfolk-Southern Railroad beginning at a point
120 feet more or less west of Greenwich Road,
running a distance of 327 feet along the south
side of Norfolk-Southern Railroad, running a
distance of 221 feet along the western property
line, running a distance of 270 feet along the
southern property line and running a distance of
215 feet alonq the eastern property line. Said
parcel contains 1.49 acres. KEMPSVILLE BOROUGH.
The following condition will be required:
1. Adequate screening is to be provided along the
western 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
enty-sixth day of March, Nineteen Hundred and Eiqht-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- 25 -
Item II-H. 5
PLANNING ITEM # 21616
Tuck Bowie, Talbot and Associates, represented the Application
UlDon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of LILLEL
CORPORATION for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF LILLEL CORPORATION FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-6 TO R-9
Ordinance upon Application of Lillel Corporation for a
Chanqe of Zoning District Classification from R-6
Residential District to R-9 Residential Townhouse Dis-
trict on certain property located 1300 feet more or less
southeast of proposed Lynnhaven Parkway beginning at a
point 2300 feet more or less east of Centerville Turn-
pike, running a distance of 555 feet along the southern
property line, running a distance of 650 feet along the
eastern property line, running a distance of 795 feet
along the northern property line and running a distance
of 525 feet along the western property line. Said par-
cel contains 8.7 acres. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Mernbers Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- 26 -
Item II-H.6
PLANNING ITEM # 21617
Attorney Grover Wright represented the applicant.
Nicholas J. Hutsko, developer, was in attendance
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED Ordinances upon application of FENNER V. WC)OLARD, JR.,
JOHN E. GREEN, JR. AND JUNE C. GREEN for a Change of Zoning AND upon appli-
cation of JAMES H. REYNOLDS for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF FENNER V. WOOLARD, JR.,
JOHN E. GREEN, JR., AND JUNE C. GREEN FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-6 to B-2
Z0384841
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of Fenner V. Woolard, Jr.,
John E. Green, Jr., and June C. Green for a Change of
Zoning District Classification from R-6 Residential
.stl:,.t t B-2 C -.@lty-Business District on certain
property located on the east side of Kempsville Road
beginning at a point 250 feet more or less s,uth f
Indian River Road, running a distance of 195.88 feet
along the east side of Kempsville Road, running a
distance of 545.51 feet in a southeasterly direction,
running a distance of 302.56 feet in a northeasterly
direction, running a distance of 175 feet in a north-
westerly direction, running a distance of 117.96 feet
in a southwesterly direction and running a distance of
428.93 feet in a northwesterly direction. Said parcel
contains 2.93 acres. KEMPSVILLE BOROUGH
The following conditions will be required:
1. Ingress and egress shall be limited to two urb uts
on each major road.
2. Vacation of lot lines.
A N D,
March 26, 1984
- 27 -
Item II-H.6
PLANNING ITEM # 21617 (continued)
ORDINANCE UPON APPLICATION OF JAMES H. REYNOLDS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO
B-2 Z0384842
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of Jlmll H. Reynolds for a
Change of Zoning District Classification from 0-1
Office District to B-2 Cormnunity-BusineSs District
on certain property located on the east side of Kemps-
ville Road beginning at a point 450 feet more or less
south of Indian River Road, running a distance of
199.29 feet along the east side of Kempsville Road,
running a distance of 469.69 feet along the southern
property line, running a distance of 169.32 feet
along the eastern property line and running a dis-
tance of 545.51 feet along the northern property
line. Said parcel contains 2.06 acres. YEMSPVILLE
BOROUGH.
The following conditions will be required:
1. Ingress and egress shall be limited to t,o c,,b
cuts on each major road.
2. Vacation of lot lines.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-sixth dav of March, Nineteen Hundred and Eighty-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- 28 -
Item II-H.7
PLANNING ITEM # 21618
Attorney Grover Wright represented the applicant.
Arthur Dy, Applicant, was in attendance
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of ARTHUR and CONCHITA DY for
a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF ARTHUR AND CONCHITA DY FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO
B-2
Ordinance upon Application of Arthur and Conchita Dy for
a Change of Zoning District Classification from R-6
Residential District to B-2 Cormunity-Business District
on certain property located on the east side of Princess
Anne Road beginning at a point 720 feet more or less south
of Providence Road, running a distance of 109.49 feet
along the east side of Princess Anne Road, running a
distance of 130.48 feet in a southeasterly direction,
running a distance of 183.03 feet in a northerly direction,
running a distance of 35.08 feet in a northwesterly di-
rection and running a distance of 184.82 feet in a south-
westerly direction. Said parcel contains 24,655 square
feet. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council members Absent:
Nancy A. Creech
March 26, 1984
- 29 -
Item II-H.8
PLANNING ITEM # 21619
Attorney Grover Wright represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of COPPAGE
ASSOCIATES for a Change of zoning per the following:
ORDINANCE UPON APPLICATION OF COPPAGE ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FRC)M R-8 TO
B-2
Ordinance upon Application of Coppage Associates for
a Change of Zoning District Classification from R-8
R@sidential District to B-2 Community Business District
on certain property located at the northeast inter-
section of Salem Road and Proposed Lynnhaven Parkway,
running a distance of 248.22 feet along the east
side of Salem Road, running a distance of of 1250 feet
more or less along the northern property line, running a
distance of 640 feet more or less along the Eastern
property line and running a distance of 790 feet more or
less along the Southern property line. Said parcel con-
tains 7.074 acres. KEMPSVILLE BOROUGH
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
March 26, 1984
- 30 -
Item II-I.1
APPOINTMENT ITEM # 21620
By CONSENSUS, City Council RESCHEDULED Appointments of the following:
ADVERTISING SELECTION COMMITTEE
March 26, 1984
- 31 -
Item II-I.2
APPOINTMENT ITEM # 21621
By CONSENSUS, City Council RESCHEDULED Appointments of the following:
HOUSING BOARD OF APPEALS
March 26, 1984
- 32 -
Item II-J.1
UNFINISHED BUSINESS ITEM # 21622
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council FINALIZED APPROVAL (as City Attorney and Director of Planning
had reviewed plats and agreement for accuracy and other conditions and
restrictions applicable)of Ordinances upon application of H. E. BROWN,
J. W. BROWN AND J. G. BROWN for Changes of Zoning per the following:
ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN
AND J. G. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-2 to R-8 Z0384835
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of H. E. Brown, J. W. Brown
and J. G. Brown for a Change of Zoning District Classi-
ifi@cati@on from AG-2 Agricultural District to R-8 Re-
sidential District on certain property located on the
north side of Proposed Ferrell Parkway beginning at
a point 4720 feet more or less west of Oceana Boulevard,
running a distance of 100 feet along the north side of
Proposed Ferrell Parkway, running a distance of 30 feet
in a northerly direction and running a distance of 110
feet in a southeasterly direction. Said parcel contains
1307 square feet. PRINCESS ANNE BOROUGH.
The following condition will be required:
1. The applicant voluntarily agrees to limit density
on the site to 4 units per acre.
A N D,
ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN
AND J. G. BROWN FOR A CHANGE OF ZOINING DISTRICT CLASSI-
FICATION FROM AG-1 TO R-8 Z0384836
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of H. E. Brown, J. W. Brown
and J. G. Brown for a Change of Zoning District Classi-
fication from AG-1 Agricultural District to R-8 Residen-
tial District on certain property located on the north
side of Proposed Ferrell Parkway beginning at a point
2800 feet more or less west of Oceana Boulevard, running
a distance of 2030 feet along the north side of Proposed
Ferrell Parkway, running a distance of 508.86 feet in
a northerly direction, running a distance of 447.40 feet
in a northeasterly direction, runninq a distance of 40
feet in a southerly direction, running a distance of
510 feet in a southeasterly direction, running a dis-
tance of 810 feet in a northeasterly direction, running
a distance of 345.24 feet in a southerly direction and
running a distance of 345 feet in a southeasterly di-
rection. Said parcel contains 22.8 acres. PRINCESS ANNE
BOROUGH.
The following condition is required:
1. The applicant voluntarily agrees to limit density on
the site and the adjoininq site zoned R-5 Residential
District to 2@a 4- units per acre.
*as Corrected in the City Council Minutes of March 19, 1984.
March 26, 1984
- 33 -
Item II-J. 1
UNFINISHED BUSINESS ITEM # 21622 (continued)
A N D,
ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN
AND J. G. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM R-3 to R-5 Z0384837
BE IT BEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of H. E. Brown, J. W. Brown,
and J. G. Brown for a Change of Zoning District Classi-
fication from R-3 Res@dential District to R-5 Residential
District on the following parcels;
Parcel 1: Located on the north side of Princess Anne
Road beginning at a point 1600 feet more or less west
of Oceana Boulevard, running a distance of 500 feet along
the western property line, running a distance of 1280
feet along the northern property line, running a dis-
tance of 205 feet along the eastern property line and
running a distance of 1030 feet along the southern
property line.
Parcel 2: Located on the north side of Princess Anne
Road beginning at a point 3000 feet more or less west
of Oceana Boulevard, running a distance of 240 feet
along the north side of Princess Anne Road, running
a distance of 200 feet in a northwesterly direction,
running a distance of 92.55 feet in a southwesterly
direction, running a distance of 211.17 feet in a
northwesterly direction, running a distance of 130
feet in a northerly direction, running a distance
of 250 feet in a northeasterly direction and running
a distance of 480 feet in a southeasterly direction.
Said parcel contains 13.3 acres. PRINCESS ANNE
BOROUGH.
The following condition is required:
1. The applicant voluntarily agrees to limit density
on the site and the adjoining site zoned R-5
Residential District to 2.3 units per acre.
Prior to the change of the official zoning maps, the following condition
will be met:
A variable width dedication along the frontage on
Princess Anne Road to provide for an ultimate 90
foot right-of-way to match the new alignment for
Princess Anne Road.
D, March 26, 1984
- 34 -
Item II-J.1
UNFINISHED BUSINESS ITEM # 2lG22 (continued)
ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN
AND J. G. BROIQN FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-1 TO R-5 Z0384838
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of H. E. Brown, J. W. Brown,
and J. G. Brown for a Change of Zoning District Classi-
fication from AG-1 Agricultural District to R-5 Residen-
tial District on certain property located on the south side
of Proposed Ferrell Parkway beginning at a point 1400 feet
more or less west of Oceana Boulevard, running a distance
of 249.56 feet in a westerly direction, running a distance
of 586.36 feet in a southwesterly direction, running a
distance of 445.64 feet in a northwesterly direction
running a distance of 2220 feet in a westerly direction,
running a distance of 780 feet in a southerly direction,
running a distance of 1679.46 feet in a southeasterly di-
rection, runninq adistance of 155 feet in a northeasterly
direction, running a distance of 115 feet in a northwesterly
direction, running a distance of 1540 feet in a northeasterly
direction, running a distance of 205 feet in a southeasterly
direction, running a distance of 1350 feet in a north-
easterly direction and running a distance of 750 feet
in a northwesterly direction. Said parcel contains
82.3 acres. PRINCESS ANNE BOROUGH.
The following condition is required:
1. The applicant voluntarily agrees to limit density
on the site and the adjoining site zoned R-5 Residen-
tial District to 2.3 units per acre.
A N D,
March 26, 1984
- 35 -
Item II-J.1
UNFINISHED BUSINESS ITEM # 21622 (continued)
ORDINANCE UPON APPLICATION OF H. E. BROWN, J. W. BROWN
AND J. G. BROWN FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-2 to R-5 Z0384839
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of H. E. Brown, J. W. Brown
and J. G. Brown for a Change of Zoning District Classi-
fication from AG-2 Agricultural District to R-5 Residen-
tial District on the following parcels:
Parcel 1: Located on the south side of Proposed Ferrell
Parkway @eginning at a point 4720 feet more or less west
of Oceana Boulevard, running a distance of 280 feet along
the south side of Proposed Ferrell Parkway, running a dis-
tance of 431.63 feet along the western property line,
running a distance of 122.24 feet in a westerly direction,
running a distance of 17.61 feet in a southerly direction,
running a distance of 668.74 feet along the southern pro-
perty line and running a distance of 780 feet along the
eastern property line.
Parcel 2: Located 480 feet north of Princess Anne Road
beginninq at a point 3000 feet more or less west of Oceana
Boulevard, running a distance of 115 feet in a northwesterly
direction, running a distance of 155 feet in a southwesterly
direction, running a distance of 130 feet in a southerly
direction and running a distance of 250 feet in a northeasterly
direction.
Parcel 3: Located 460 feet more or less north of Princess
Anne Road beginning at a point 1040 feet more or less west
of Oceana Boulevard, running a distance of 1280 feet along the
southern property line, running a distance of 110 feet along
the western property line, running a distance of 1350 feet
along the northern property line and running a distance of
150 feet along the eastern property line. Said parcels contain
9.6 acres. PRINCESS ANNE BOROUGH
The following condition is required:
1. The applicant voluntarily agrees to limit density on
the site and the adjoining site zoned R-5 to 2.3 units
per acre.
March 26, 1984
- 3@7
Item II-L. 1
ADJOURNMENT ITIEM # 21623
By CONSENSUS, Council adjourned the meeting at 8:18 p.m.
Beverly @Hooks
Deputy City Clerk
Rdth Hodges Smi-th, CMC Mayo@ Louis R ones
City Clerk
City of Virginia Beach
Virginia
/bh
March 26, 1984