APRIL 9, 1984 MINUTES
Cit@C),f -Vir-&Xi@iet
,,WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, B.y@id, B.-.gb
VICE-MAYOR BARBARA M. HENLEY, P..g. B.-.gb
JOHN A. BAUM, B...gh
NANCY A' CREECH. Al L.,g,
HAROLD IFFISCHOBER. At L.,g.
H. JACK JENNINGS, JR., Ly..b.... B.@.gb
ROBERT G. ]ONES. At L.,g.
W. Ii. KITCHIN. Ill, Vigi.i. B,.@b
REBA S. M@CLANAN. P,i.@.@. A... B.-gb 212 CITY HALL BUILDING
1. HENRY M,COY. )R., B .... gh MUNICIPAL CENTER
MEYERA E. OBERNDORP, At L.,S, VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, CMC, City Cl,lk (804) 427-4303
CITY COUNCIL AGENDA
April 9, 1984
ITEM I. INFORMAL SESSION: 11:30 a.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. Hatters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Central Library Presentation.
2. Discussion of Budget Workshop Dates.
3. Review of Consent Agenda
ITEM II. FORMAL SESSION: 2:00 p.m.
A. INVOCKTION: Reverend Roy R. Jackson
Methodist Conference, Ret.
B. PLEDGE OF AT.T.RGIMCK 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 April 2, 1984.
E. 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 notion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution requesting the State Highway and Transportation
Commission to acquire the necessary right-of-way for the
Baygood Road Project and agreeing to reimbuse the State for
5% of the costs incurred in this acquisition.
2. Resolution authorizing the advertising for a Public Rearing
pursuant to Section 15.1-431 of the Code of Virginia, as
amended, relating to the authorization of an encroachment
and lease of air space over the public right-of-way of Ocean
Avenue to Neptune Associates T/A Ramada Inn of the Beach.
3. Resolution requesting the Virginia Recreation Advisory
Commission to designate the Great Neck Park as a public
recreational area and to recommend to the Virginia Highways
and Transportation Commission that recreational access and
bikeway funds be allocated for an access road and related
bikeway to serve said park and request the Virginia Highways
and Transportation Commission to allocate the necessary
funds as herinbefore described.
4. Ordinance to Amend and Reordain Chapter 6, Article 1, by
adding Section 6-29 to the Code of the City of Virginia
Beach, Virginia, pertaining to Beaches, Boats and Waterways.
5. Ordinance, on SECOND READING, to accept a grant and
appropriate $26,565 from the Virgiuia Division of motor
Vehicles to carry out the D. U. 1. Overtime Program.
6. Ordinance, on SECOND READING, to appropriate funds of
$97,850 from the General Fund Balance for the Beach
Replenishment Program as provided by the Virginia Beach
Erosion Commission.
7. Ordinance to Transfer funds of $340.00 from the General Fund
Reserve for Contingencies to the Police Department for
reimbusement of legal expenses incurred by a Police Officer
in the performance of his duties.
8. Ordinance appointing viewers in the petition of Bruce B.
14ills for the closure of a portion of Pennsylvania Avenue
(Kempsville Borough).
9. Ordinance appointing viewers in the petition of Robert H.
and @e P. Raymond and Elvin F. and Geraline W. Lilley for
the closure of a portion of Trotter Drive (Kempsville
Borough).
10. Ordinance appointing viewers in the petition of Lands End
Associates for the closure of a portion of a 30-foot road
crossing from Marshview Drive to Indian Avenue (Lynnhaven
Borough).
11. Request of City Treasurer for tax refunds in the amount of
$750.30.
12. Request of Commissioner of Revenue for license refunds, in
the amount of $3,387-23.
F. PIANNING
1. Application of Congressman Norman Simisky for an
encroachment into a right-of-way known as 61st Street.
a. City Manager's letter transmits the request that the
City's administrative decision be reconsidered by City
Council.
2. Application of Daniel Pierro for the closure of a portion of
First Street, consisting of an unimproved 50-foot right-of
way totalling 5,000 square feet (.115 acre). (Kempsville
Borough).
a. Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
The City Manager's letter further recommends that this
closure be denied or the closure include the full
portion of First Street Between Avenue L and South
Kentucky Avenue.
3. Application of Creech Developsent Corporation for a
conditional use perait for mini-warehouses on a 1.598-acre
parcel located along the south side of Harpers Road, east of
Phantom Boulevard (Princess Anne Borough).
a. Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
4. Application of WAVY Television, Inc., for a conditional use.
permit for a televisiou trans@sion and relay station on a
2.58-acre parcel located at the southwest corner of South
Boulevard and Expressway Drive (Kempsville Borough).
a. Letter of the City Manager transmits the recommendation
of the Planning Commission for approval.
5. Application of Ji-te B. Francisco for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
dimensions conform to the Subdivison Ordinance. This site
is located on the south side of Parliament Drive, west of
Huntington Drive (Kempsville Borough).
a. Letter of the City 14anager transmits the recommendation
of the Planning Commission for approval.
6. Application of N. Joseph Dreps for a Variance to Sections
4.1(m), 5.5(a), and 5.5(b) of the Subdivision Ordinance
which require that street right-of-way widths be in relation
to proposed density and/or land use of the property adjacent
to the road and within the parcel to be subdivided, curb and
gutter, and drainage facilities. This site is located at
the northwest intersection of South Spigel Drive and Gilbert
Circle (Lynnhaven Borough).
a. Letter of the City Manager transmits the recommendation
of the Plannin Commission for approval.
7 . Application of John B. German for a change of zouim from
R-6 Residential District to 0-1 Office District on a
7,312.5-square foot parcel located at 677 Rosemont Road
(Princess Anne Borough).
a. Letter of the City Manager transmits the recommendation
of the Planning Commission for denial.
8. Application of R. G. Moore Building Corporation for a change
of zoning from PD-B 2 Planned Unit Developsent District to
P-1 Preservation District on a 19-65-acre parcel located
south of Dam Neck Road, east of Oceana Boulevard (Princess
Anne Borough).
a. Letter of the City Manager transmits the reco=endation
of the Planning Commission for approval.
9. Applications of Hattie E. Greshan for changes of zoning.
These undeveloped sites are located along the east side of
Oceana Boulevard, south of Old Dam Neck Road. (Princess Anne
Borough)
From AG-1 Agricultur&l District to B-2 Comuuity-Business
District on a 4.35-acre parcel;
AND,
From AG-2 Agricultural District to B-2 Comunity-Busiuess
District on an 11.45-acre parcel.
a. Letter of the City Manager transmits the recommendations
of the Planning Commission for approval.
10. Applicatious of Gallager Associates for changes of zon@.
These sites are located along the east side of Holland Road,
south of Landstown Road (Princess Anne Borough).
From AG-1 Agricultural District to R-8 Residential District
on a 42.319-acre parcel; AND,
From AG-2 Agricultural District to R-8 Residential District
on a 4.67-acre parcel; AND,
From R-8 Resideutial District to PD-B 2 Planned Unit
Development District on a 46.989-acre parcel; AND,
From AG-1 Agricultural District to P-1 Preservation District
on a 37.842-acre parcel.
a. Letter of the City Manager transmits the recommendations
of the Planning Commission for approval of these
applications.
G. APPOI S:
1. Advertising Selection Committee.
2. Community Services Board
3. Historical Review Board
4. Housing Board of Appeals
H. UNFINISHED BUSINESS
i. NEW BUSINESS
J. ADJOURMNT
1. Motion to adjouru
PUBLIC HEARING: IFY 84-8 OPERATINC BUDGET
APRIL 23, 1984, 2:00 P.M-
ciTy coUNCIL CHMMERS
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 9, 1984
The Regular Meeting of the 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, April 9, 1984, at Eleven Thirty in the morninq.
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: Councilwoman Creech entered the Informal Session at 11:35 a.m.
Councilman McCoy entered the Informal Session at 12:00 p.m.
April 9, 1984
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ITEM ff 21662
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 or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual
or potential litigation, or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman Heischober, seconded by Councilman Baum, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 8-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S.
April 9, 1984
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M A T T E R S B Y V I C E M A Y 0 R
RESPONSE TO EMERGENCY APPEAL
BY CITY OF VIRGINIA BEACH ITEM # 21663
In conducting an EMERGENCY APPEAL for assistance to the residents of North
Carolina who suffered devestation from the tornadoes, Vice Mayor Henley
expressed her appreciation to the fantastic staff of the City of Virginia
Beach. Vice Mayor Henley mentioned, in particular, the Office of Public
Information, Emergency Services, Traffic Engineering and the Fire Stations.
Approximately 22,300 pounds of goods were collected as well as donation
checks. The News Media and the Citizens of the City of Virginia Beach are
to be congratulated as well.
M A T T E R S B Y C 0 U N C I L
RESORT AREA ADVISORY
COMMISSION* ITEM # 21664
After the adjournment of the City Council Meeting of April 2, 1984, Council-
man Kitchen met with Counilman Jones concerning his RESOLUTION for a Resort
Area Advisory Commission.- Councilman Kitchen and Councilman Jones met with
the Board of Virginia Beach Research and Advisory Council on Friday, April
6, 1984. The VBRAC offered to assist City Council to coordinate information
with the City Manager. The VBRAC indicated a willingness to investigate not
only the Atlantic Avenue Beautification but all other aspects of the tourist
industry which would effect/benefit the City as a whole.
JOHN G. AND MARY WILLIAMS
APPLICATON FOR CHANGE OF ZONING
R-6 to A-1 (BAYSIDE BOROUGH) ITEM # 21665
Councilwoman Oberndorf referenced request by Attorney Grover Wright to DEFER
the Application of JOHN G. AND MARY WILLIAMS for a CHANGE OF ZONING from R-6
Residential District to A-1 Apartment District (Bayside Borough), as the
applicants would be out of the Country. Councilwoman Oberndorf further
referenced a letter from the residents of Witchduck Landing and Aragona
Village requesting that this Change of Zoning remain as advertised on the
Agenda of April 23, 1984, so they might attend the night session and not
take time from work.
City Council action is reflected in the FORMAL SESSION under NEW BUSINESS.
*Re: Atlantic Avenue Beautification
April 9, 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
CENTRAL LIBRARY
PRESENTATION ITEM # 21666
Director of Public Libraries Marcy Sims presented,in conjunction with
Laszlo Aranyi, Achitect, the plans for the Central Library. Mrs. Sims
stated there were three primary goals considered in the designing of
the Central Library:
(1) The Buildinq was to be as operationally efficient
as possible.
(2) The Building would be functionally efficient.
(3) The Building should be flexible to accommodate new
technologies.
Mr. Aranyi, in further unveiling the plans for the Library, stated that
the Building consists of 88,000 square feet and is located between
Loehman's Plaza and Willis Wayside. There would be 350 parking spaces a-
vailable. Employee parking would be separate and located in the back. The
first floor will consist of an acre and a 'half with 24,900 square feet on the
second floor. The majority of the first floor will be completely open space.
One of the major features of the building is energy conservation. A savings
of approximately 50% over a conventional building should result. Mr. Aranyi
exhibited a "study" model of the facility which faces "true" south for
'year round energy conservation. The facility appears as an ISLAND OF KNOW-
LEDGE.
REFUSE COLLECTION
ROUTING CHANGE ITEM # 21667
ADD-ON
Admininstrator of Solid Waste P. Wade Kyle, presented an adjustment in Re-
fuse Collection in an area from Rudee Inlet to Ninno Church. Effective
May 15, 1984 , garbage collection will be on TUESDAY rather than Thursday.
In conjunction with Public Information and the News Media, the residents
will be notified.
COMMUNITY DEVELOPMENT
AND HOUSING DIRECTOR ITEM # 21668
As Director of Conununity Development and Housing,Ben Moore will be leaving
his position on Friday, April Thirteenth. The City Manager has appointed
Carl Thoren, Assistant City Engineer, to serve in this position during
the interim period.
DR. BETTY DIENER
SECRETARY OF COMMERCE ITEM # 21669
Betty Diener, Secretary of Commerce, will meet with Members of City Council
Thursday, April 12, 1984 at 6:00 P.M. concerning FALSE CAPE STATE PARK re-
garding closing the southern end of the Park (BARRICADE).
April 9, 1984
- 5 -
M A T T E R S B Y C I T Y M A N A G E R
(Continued)
VIRGINIA STATE
LEGISLATOR'S LUNCHEON ITEM # 21670
The City Manager will arrange Luncheon with the STATE LEGISLATORS and
City Council on Wednesday, May 9, 1984, 12:00 NOON to 2:00 P.M. at the
PAVILION.
BUDGET WORKSHOP ITEM # 21671
BUDGET WORKSHOP for Discussion of FY 1984-85 City of Virginia Beach
Operating Budget scheduled for Monday, April 16, 1984, 10:30 a.m.,
City Council INFORMAL CONFERENCE ROOM.
CONSENT AGENDA
CITY CODE AMENDMENT
CHAPTER 6, ARTICLE I
Beaches, Boats, and
Waterways ITEM # 21672
Councilman Kitchen requested information concerning an Ordinance to Amend
and Reordain Chapter 6, Article I, by adding Section 6-29 to the Code
of the City of Virginia Beach, pertaining to Beaches, Boats and Waterways
(See Item II-E.4 of the Formal Agenda).
VIEWERS/BRUCE B. MILLS ITEM # 21673
Councilman Heischober inquired as to Ordinance appointing viewers in the
petition of Bruce B. Mills (See Item II-E.8 of the Formal Agenda).
RECESS INTO
EXECUTIVE SESSION ITEM # 21674
City Council recessed into EXECUTIVE SESSION at 12:20 p.m.
April 9, 1984
- 6 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 9, 1984
2:00 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
council Members Absent:
Robert G. Jones
INVOCATION: Reverend Roy R. Jackson
Pastor
Methodist Conference, Ret.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
April 9, 1984
7
item II-D.1
MINUTES ITEM 21675
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech,
City Council APPROVED the Minutes of April 2, 1984.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., 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 Abstaining:
Mayor Louis R. Jones
Council Members Absent:
Robert G. Jones
April 9, 1984
Item II-E
CONSENT AGENDA ITEM 21676
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, and 12 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
9
Item II-E.1
CONSENT AGENDA ITEM 21677
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution requesting the State Hiqhway and
Transportation Cormission acquire the necessary right-of-way for the
Haygood Road Project and agreeing to reimburse the State for 5% of the
costs incurred in this acquisition.
Voting: 10-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
9a
R E S 0 L U T I 0 N
WHEREAS, Section 33.1-89 of the Code of Virginia. as
amended by the 1970 Session of the General Assembly, authorized
the State Highway and Transportation Commission to acquire
rights of way for the construction, reconstruction, alteration,
maintenance and repair of public highways within municipalities
@n projects which are constructed with state or federal
participation; and,
WHEREAS, Section 33.1-89, as amended, further provides
that the State Highway and Transportation Commission may
exercise such authorityonlyupon receipt of official reque@t from
the city or town involved.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
@irginia Beach, Virginia, hereby requests the State Highway
d Transportation Commissioner to acquire the necessary rights
way for the HAYGOOD ROAD PROJECT UOOO-134-107, RW-202 within
e corporate limits of said city and to convey the title to
ch rights of way to the City of Virginia Beach and agrees to
eimburse the State Highway and Transportation Department for
FIVE PERCENT (5%) of all costs incurred in the acquisition and
-onveyance of such rights of way; and, it is understood that
@uch acquisitions will be handled by the Commissioner under
?stablished policies and procedures and his decision in all
Lnstances will be final.
CITY COUNCIL OF VIRGINIA BEACH
By
Mayor
@kTTEST:
1984
Ulty Clerk
ril 9, 1984
- 10 -
Item II-E.2
CONSENT AGENDA ITEM # 21678
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution authorizing the advertising for a
Public Hearing pursuant to Section 15.1-431 of the Code of Virginia, as
amended, relating to the authorization of an encroachment and lease of
air space over the public right-of-way of Ocean Avenue to Neptune
Associates T/A Ramada Inn of the Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1964
10a -
RESOLUTION AUTHORIZING THE ADVERTISING
FOR A PUBLIC HEARING PURSUANT TO SECTION
15.1-431 OF THE CODE OF VIRGINIA, AS
AMENDED, RELATING TO THE AUTHORIZATION
OF AN ENCROACHMENT AND LEASE OF AIR
SPACE OVER THE PUBLIC RIGHT-OF-WAY OF
OCEAN AVENUE TO NEPTUNE ASSOCIATES T/A
RAMADA INN OF THE BEACH
WHEREAS, Ramada Inn has requested an encroachment and
.the right to lease air space over the public right-of-way of Ocean
Avenue; and
WHEREAS, such lease and encroachment would entitle
the Ramada Inn to construct and maintain an overhead enclosed
walkway over Ocean Avenue; and
WHEREAS, this matter has been reviewed by the Department
of Public Works; and
WHEREAS, the Department of Public Works finds the
provisions of the agreement dated March 9, 1984 acceptable.
THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City Clerk is authorized and directed to
advertise the ordihance and attached agreement dated March 9, 1984,
as prescribed in Section 15.1-431 of the Code of Virginia, as
amended, in a newspaper of general circulation in the City of
Virginia Beach. The applicant shall be responsible for advertising
costs.
ADOPTED. April 9, 1984
JDB:jh
4-4-84
April 9, 1984
10b
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE AN ENCROACHMENT
INTO AND TO LEASE AIR SPACE OVER THE
PUBLIC RIGHT-OF-WAY OF OCEAN AVENUE TO
NEPTUNE ASSOCIATES T/A RA14ADA INN ON THE
BEACH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-376.1, Code of Virginia,
(1950), Neptune Associates t/a Ramada Inn on the Beach is hereby
authorized to construct and maintain an encroachment into the air
space over the public right-of-way of Ocean Avenue.
That the encroachment herein authorized is for the
purpose of constructing and maintaining an overhead, enclosed
walkway to connect Ramada Inn's conference center on the west
side of Ocean Avenue to its restaurant on the east side of Ocean
Avenue between 56th Street and 57th Street in the City of
Virginia Beach.
That this Ordinance shall not become effective until
the attached agreement, containing the provisions upon which the
license to encroach granted herein is conditioned, shall be
executed by the City Manager and Neptune Associates t/a Ramada
Inn on the Beach, and until Ramada Inn shall have complied with
all provisions contained in such agreement.
Adopted by the Council of the City of Virginia Beach on
the day of 1984.
APPROVED AS 10
NES/re
(29C)
APPROVED AS TO FCRM
CITY AT-,,,@l.,"FY
April 9, 1984
loc
THIS AGREEMENT, made this day of #Aec4
1984 by and between the CITY OF VIRGINIA BEACH VIRGINIA, a
municipal corporation, hereinafter referred to as the 'City,' and
NEPTUNE ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE
BEACH, hereinafter referred to as 'Ramada Inn.'
WHEREAS, it is proposed by Ramada Inn to construct and
maintain an overhead, enclosed walkway for the purpose of
connecting its conference center on the west side of Ocean Avenue
to its restaurant on the east side of Ocean Avenue betweeh the
56th Street and 57th Street in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such walkway,
it is necessary that Ramada Inn encroach into the air space over
i the public right-of-way known as Ocean Avenue; and, therefore,
Ramada Inn has requested that the City grant a temporary
encroachment to facilitate such walkway within the air space over.
the public right-of-way of Ocean Avenue.
NOW, THEREFORE, in consideration of the premises and of
the mutual promises hereinafter contained, the City doth grant toi
Ramada Inn, to the extent of its authority as contained in
Virginia Code 515.1-376.1, a temporary encroachment to use a
portion of the air space over the public right-of-way known as
Ocean Avenue for the purpose of constructing and maintaining an
overhead, enclosed walkway in accordance with the following terms
and conditions.
1. Ramada Inn shall construct and maintain such
April 9, 1984
loa -
I walkway in accordance with the laws Of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with
the City Department of Public Works' specifications and approval
as to size, design, alignment and location. All plans,
specifications, and construction procedures pertaining to the
maintenance or construction of such walkway shall be approved by
i the City Department of Public Works prior to the start of
construction. No construction or maintenance of such walkway
shall commence until all permits required by law have been issued
by the City Department of Public Works or other appropriate legal;
authority.
2. The walkway shall be of the type and shall be
constructed so as not to interfere with the public use or travel
on or in ocean Avenue, and shall have a minimum clearance of
sixteen feet (161). The walkway shall not contain or have placed
thereon any name, lettering or device intended for
identification, advertising or publicity purposes.
3. Ramada Inn shall at all times keep the walkway in
proper repair and shall make at its own expense such repairs
thereto as the City or its duly authorized representative shall
deem necessary for the safety of persons and property using the
public right-of-way of ocean Avenue.
4. Ramada inn shall restore and replace at its sole
expense any portion of Ocean Avenue and any public utility
disturbed by reason of the construction, maintenance or existence
-2-
April 9, 1984
io@
of the walkway in a manner and with materials satisfactory to the@
City or its duly authorized representative.
5. Ramada Inn shall pay to the City annually for the
license granted herein a sum equal to the greater of One Dollar
and Fifty Cents ($1.50) per square foot of air space utilized by
such walkway or Four Hundred and Fifty Dollars ($450.00). such
sum shall become due and payable on the first day of eaen
calendar year or portion thereof which the walkway is in
existence.
6. Ramada Inn shall indemnify and hold harmless the
City, its agents and employees, from and against all claims,
damages, losses and expenses including reasonable attorn:yl: fees
which the City may be required to pay or otherwise sust:in
y
reason of the construction, maintenance, location, or e st.nce
of such wilkway.
7. Ramada Inn shall furnish to the City a certificate
of insurance indicating that Ramada Inn has in effect
comprehensive general liability insurance, naming the City as an
additional name insured, which defends and insures the City
against any liability resulting from the construction,
maintenance or existence of such walkway. Such contract of
insurance shall be written by a company and in the form approved
by the City's Risk Manangement Division and shall afford, where
applicable, liability coverage for bodily injury including death,
i and/or damage, destruction to and/or loss of use of property in
an amoun t not less than One Million Dollars ($1,000,000)
-3-
April 9, 1984
lof -
for each accident combined single limit coverage. Ramada Inn
shall pay all premiums chargeable for the acquistion and
maintenance of such liability insurance and shall keep such
insurance in full force and effect at all times during the
existence of the walkway. The contract of insurance shall
contain a provision that it shall not be terminated or otherwise
allowed to expire prior to sixty days (60) after written notice
that the insurance will be cancelled is given to the Director of
Risk Management of the City-
8. Ramada Inn shall furnish a bond to the City, with
corporate surety approved by the City Attorney, in the sum of
Ten Thousand Dollars ($10,000) conditioned upon the completion of
construction, maintenance or removal of the walkway by Ramada Inn
promptly upon being directed to do so by the City or its duly
authorized representative in accordance with the terms of this
agreement. Ramada Inn shall pay all premimums chargeable for the
bond and shall keep such bond in full force and effect at all
times during the existence of the walkway. The bond shall
contain a provision that it sball not be terminated or otherwise
allowed to expire prior to sixty (60) days after written notice
that the bond will be cancelled is given to the Director of the
City Department of Public Works.
9. The City does not intend by entering into this
agreement to grant any franchise to Ramada Inn, and the City
hereby expressly reserves the right to terminate or amend this
agreement upon written notice to Ramada Inn. Within ninety (90)
days after notice to terminate is given, the walkway shall be
-4-
April 9, 1984
log
removed from the air space above the public right-of-way of Ocean
Avenue by Ramada inn, and Ramada Inn shall bear all costs and
expenses of such removal. Upon such termination, Ramada Inn
shall also be responsible to repair, replace or restore any
portion of Ocean Avenue or any public utility damaged by the
removal of such walkway to the satisfaction of the City or its
duly authorized representative at Ramada Inn's sole expense. On
the failure, refusal or neglect of Ramada Inn to comply with t-he
provisions of this paragraph or any other provision of this
Agreement, the City shall have the right to perform Ramada Inn's
obligation hereunder and charge the cost thereof to Ramada Inn.
Such cost may be collected by the City in any manner provided by
law for the collection of local or state taxes.
10. Any failure, refusal or neglect to conform fully
with the provisions of this agreement by Ramada Inn shall be
grounds for immediate termination by the City.
CITY OF VIRGINIA BEACH
By
City Manager
NEPTUNE ASSOCIATES, A LIMITED
PARTNERSHIP, T/A RAMADA INN ON
THE BEACH By Resort motor Inns,
Inc.,,neril Partner
By La @ (@
David Pender, Iii
President
April 9, 1984
10h
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. NUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
are signed to the foregoing Agreement have acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to
a Notary
Public in and for the City and State aforesaid, do hereby certify
that David Pender, III, President and General Partner of NEPTUNE
ASSOCIATES, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE BEACH BY
RESORT MOTORS INNS, INC., whose name is signed to the foregoing
Agreement has acknowledged the same before me in my City and
State aforesaid.
GIVEN under my hand this day of
1 9&.
Not-ary PWbl-ic
my commission Expires:@,
10 APPROVI@@ A3 TO CO!:]-@-@@T
MES/re
3/1/84
(29C)
-6-
April 9, 1984
Item II-E.3
CONSENT AGENDA ITEM 21679
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution requesting the Virginia Recreation
Advisory Commission to designate the Great Neck Park as a public re-
creational area and to recommend to the Virginia Highways and Trans-
portation Commission that recreational access and bikeway funds be
allocated for an access road and related bikeway to serve said park
and request the Virginia Highways and Transportation Connission to
allocate the necessary funds as herinbefore described.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- lla -
The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in Council Chambers of the City Hall Building on
the Ninth day of Alpri-I , 1984.
On motion by Councilman Jennings and seconded by
-1 the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Great Neck Park site is to be developed by the
City of Virginia Beach as a recreational facility serving the resi-
dents of the Commonwealth of Virginia and the general public; and
WHEREAS, the facility is in need of adequate road access and
a Class I bikeway; and
WHEREAS, the procedure governing the allocation of recreational
access and bikeway funds requires joint action by the Virginia Recrea-
tion Advisory Commission and the Virginia Highways and Transportation
Commission; and.
WHEREAS, a statement of policy agreed upon between the said
commissions approves the use of such funds for the construction of
access roads to publicly-owned recreational areas, bikeways and
historical sites; and
TATHEREAS, the Coundil of the City of Virginia Beach has duly
adopted a zoning ordinance pursuant to Section 15.1-486, Code of
Virginia, as amended; and
ll?HEREAS, it appears to the City Council that all requirements
have been met to permit the Virginia Recreation Advisory Commission
to designate the Great Neck Park as a recreational facility and
further permit the Virginia Highways and Transportation Commission
to provide funds for access to this public recreation area.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Virginia Beach hereby requests the Virginia Recreation Advisory
Commission to designate the Great Neck Park as a public recreati6nal
area in the City of Virginia Beach and to reconunend to the Virginia
Highways and Transporation Commission that recreational access and
bikeway funds be allocated for an access road and related bikeway to
serve said park7 and
BE IT FURTHER RESOLVED that the Virginia Highways and Transpor-
tation Commission is hereby requested to allocate the necessary
recreational funds to provide a suitable access road and related
bikeway as hereinbefore described. APPIZOVED AS TO CONTENT
SIGNATtJ@E
DEPARTMENT
- 12 -
Item II-E.4
CONSENT AGENDA ITEM # 21680
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to Amend and Reordain Chapter 6, Article I,
by adding Section 6-29 to the Code of the City of Virginia Beach, Virginia,
pertaining to Beaches, Boats and Waterways.
Voting: 10-0
Council Members Voting Aye:
John A. BaLun, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jenninqs, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
12a -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 6, ARTICLE I, BY ADDING
SECTION 6-29 TO THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO BEACHES, BOATS AND
WATERWAYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-29 is hereby added to the Code of the
City of Virginia Beach, Virginia, and reads as follows:
Section 6-29. Appointment of persons to enforce Article I.
The city manager is authorized to appoint persons in
addition to the regular police officers of the city to enforce
this article by the issuance of summonses. Sugh persons shall
wear a uniform as prescribed by the city manager or his duly
authorized agent.
Adopted this 9 day of April 1984, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
(MISC)
4/3/84
APPI,ZOVED AS TO CONT[tl'f
SIGNAf'-'KE
DEPARTMENT
AS IZI&M
MNATUREt
CITY ATTORNEY
April 9, 1984
- 13 -
Item II-E.5
CONSENT AGENDA ITEM # 21681
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED, on SECOND READING, an Ordinance to accept a qrant
and appropriate $26,565 from the VIRGINIA DIVISION OF MOTOR VEHICLES to
carry out the D. U. I. Overtime Program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- 13a -
AN ORDINANCE TO ACCEPR A
Mr $26,565 FROM THE VIRG@
DIVISION OF MOTOR VE3iICLES AND TO
APPROPR= THESE FUNDS
City couricil is 2nterested in @r-.Ing traffic -fety
and reducing traffic accidents within the City of Virginia Beach; and
a grant totalirig $26,565 fran the Virginia Division of
Motor Vehicles is available for these purposes; -d
WHEREAS, rio local furxis are required.
NCW, BE IT 0 BY THE COUNCIL OF THE Crry OF
IA BEACH that funds frcin the above gr-t be -cepted and $26,565 be ap-
propriated to carry out the D. U. I. Ov PrOgram-
BE IT ORDAINED that estimted revenues frcrn the Federal
government be ircreased by $26,565 to f the appropriation.
This ordinance shall be effective fran the date of adoption.
Adcpted by the Council of the City of Virginia on the
day of April 9, 1984.
PUBLIC April 2, 1984
FIFM READING: April 2, 1984
EMIM: April 9, 1984
Er, AS TO CONTEN'T
vq
DC9ARTMENT
April 9, 1984
- 14 -
Item II-E.6
CONSENT AGENDA ITEM # 21662
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED, on SECOND READING, an Ordinance to appropriate
funds of $97,850 from the General Fund Balance for the BEACH REPLENISHMENT
PROGRAM as provided by the Virginia Beach Erosion Cornmission.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
-. 14a -
AN ORDINANCE TO APPROPRIATE FUNDS OF $97,850
FROM THE GENERAL FUND BALANCE FOR THE BEACH
REPLENISHMENT PROGRAM AS PROVIDED BY TliE
VIRGINIA BEACH EROSION COMMISSION
WHEREAS, the City Council desires to continue the Beach
Replenishment Program which includes the hauling and placement
of sand on the beach, and
WHEREAS, the sand hauling program for this spriilg will
cost $645,500 as determined by low bid, and
WHEREAS, the Erosion Commission has funds of $547,650
available for the project and the additional funding needed
of $97,850 can be provided from the General Fund Balance.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $97,850 be appropriated frc)ln
the General Fund Balance to the Erosion Cormnission budget to
complete funding needed for the spring sand hauling project.
This ordinance shall be effective from tlio (latc,. of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on Ninth day of April 1984.
PUBLIC HEARING: April 2, 1984
FIRST READING: April 2, 1984
SECOND READING: April 9, 1984
APPP,OV'v.D AS -, 0 CT"NI t@l-t
OT.INT
April 9, 1984
- 15 -
Item II-E. 7
CONSENT AGENDA ITEM # 21683
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to Transfer funds of $340.00 from the
General Fund Reserve for Contingencies to the Police Department for
reimbursement of legal expenses incurred by a Police Officer in the
performance of his duties.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
15a -
AN ORDINANCE TO TRANSFER FUNDS
OF $340.00 FROM THE CENERAL FTTND
RESERVE FOR CONTINGENCIES TO THE
POLICE DEPARTMENT FOR REIMBURSEMENT
OF LEGAL EXPENSES INCURRED BY A
POLICE OFFICER IN THE PERFORMANCE
OF HIS DUTIES
WHEREAS, a Virginia Beach police officer was charged
with assault in the course of his duties and was found not
guilty by the General District Court, and
WHEREAS, legal fees of $340.00 were incurred by the
officer in presenting his defense, and
WHEREAS, Section 15.1-131.6 of the Code of Virginia
enables the governing body to reimburse an officer for
reasonable fees if the officer is found not guilty, and
WHEREAS, City Council considers this request reasonable
and proper.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds of $340.00 be
transferred from the General Fund Reserve for Contingencies
to the Police Department for legal fees involving the above
incident.
This ordinance shall be effective from the date of its
adoption.
Adopted: April 9, 1984
APPROVED AS TO CONTENT
DEPARTME
April 9, 1984
CITY ATTORNEY
- 16 -
Item II-E.8
CONSENT AGENDA ITEM # 21684
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an ordinance appointing Viewers in the petition of
BRUCE B. MILLS for the closure of a portion of Pennsylvania Avenue
(Kempsville Borough).
The Viewers are:
Robert J. Scott - Director of Planning
David M. Grochmal - Assistant to the City Manager
for Inter-Governmental Affairs
C. Oral Lambert, Jr. - Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
16a -
CERTIFICATE OF VESTING OF TITLE
I, Joseph T. Waldo attorney for Bruce B. Mills, do
hereby certify that:
1. I am an attorney at law and represent Bruce B. Mills, the
petitioner.
2. If the property described below is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia, then title to
said property will vest in the adjacent landowners;
The said property referred to herein is hereby described as follows:
ALL THAT certain portion of PENNSYLVANIA
AVENUE as appears on the Plat of "Midway",
a copy of which plat is duly recorded in the
Circuit Court Clerk s Office of Virginia Beach,
Virginia, in Map Book 7, at Page 130, the portion
to be vacated being otitlined in red on the attached
survey and being more particularly bounded and
described as follows:
BEGINNING at a point, which point is located at
the southwest corner of Lot 17, Block 8; thence,
from said point of beginning, N 06, - 57'-251' W
1 57. 50 feet to a point which point is located at the
southwest corner of @t 1Z, Block 8; thence,
turning and running S 83 * -02 - 3511 W 50. 00 feet
to a point which point is located at the northeast
corner of Lot 13, Block 7; thence turning and
running S 06 57 -2511 E 157. 50 feet to a point
which point is the southeast corner of Lot 17,
Block 7; thence turning and running N 83* -OZ
35" E 50.00 feet to the-point of beginning.
Joseph T. Waldo
Attorney-at- Law
Rolm Centre
Suite 301
4701 Columbus Street
Virginia Beach, Virginia Z346Z
April 9, 1984
16b -
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION
OF THAT CERTAIN PORTION OF THA-. STrE@---, -VNCI'.'N il.'@ PEIII"'-@-,'-VAN'-%
A V--','L7E.
P E TI'FION
TO: THE MAYOR AND THE M--MBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINI.A.
Your petitioner, Bruce B. Mills, respectfully represent as follows:
1. That pursuant to the provisions of Section 15 1-364 of the Code
Virginia, as amended, the petitioner applies for the vacating, closing and
discontinuance of a partion of that certain street which is niore specifically
described as follows:
ALL THAT certain portion of PENNSYLVANIA
AVENUE as appears on the Plat of "Midway",
a copy of which plat is duly recorded in the
Circuit Court Clerk's Office of Virginia Beach,
Virginia, in Map Book 7, at Page 1 30, the portion
to bc vacated being outlined in red on the attached
survey and being mare particularly bounded and
described as follows:
BEGINNING at a point, which point is located at
the southwest corner of Lot 1 7, Block 8 ; thence,
from said point of beginning, N 06* -57'-25" W
157. 50 feet to a point which point is located at the
southwest corner of Lot 12, Block 8; thence,
turning and running S 83 * -02'-35" W 50. 00 feet
to a point which point is located at the northeast
corner of Lot 13, Block 7; thence turning and
running S 06 * -571-25" E 157. 50 feet to a point
which point is the southeast corner of Lot 17,
Block 7; thence turning and running N 83* -02'-
35" E 50. 00 feet to the point of beginning.
2. That no inconvenience will result to any persons by reason of
said clooing, vacation and discontinuance of said slrect; and tlie pctitioncr
prays that this H:)norahle Council appoint viewers as provided by law to view
said platted street proposcd to be closcd and to rcpurt in writing to the Council
on or before the day of 1984, as to whether in the oplnion
of said Viewers, w,iat inconvenience, if any, would result from the discontinuance
and closing of this portion of said street, as herein reported and described.
April 9, 1984
16c -
3. That on the day of 1984, and on the
day of 1984, notice of the presenting of this application was
published in the Beacon, a newspaper of general circulation, in the City of
Virginia Beach, Virginia.
4. Petitioner is the owner of lots 13-17, Block 7, Plat of Midway,
which lots abut the western right of way line of Pennsylvania Avenue. Oxford
Development Co. owns the lots abutting the eastern right of way line of
Pennsylvania Avenue.
R c ully subrnitted,
ruie B. Mil?
April 9, 1984
16d
ORDINANCE APPOINTING VIEWERS
WHEREAS, Bruce B. MiUs has given due and proper notice, in
accordance with the statutues for such cases made and provided that he will
on the 9th day of April 1984, apply to the City Council of the City of
Virginia Beach, Virginia, for the appointment of Viewers to view the below-
described property and report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconv6nience would result from the
discontinuance of the hereinafter descr 'ibed portion of that certain street, and
has filed such application with said Council.
NOW THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THA T Robert J. Scott
David M. Grochmal and
C. Oral Lambert, Jr. are
hereby appointed to view the below described property and report in writing to
the Council as soon as possible whether in their
opinion, any, and if any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
ALL THAT certain portion of PENNSYLVANIA
AVENUE as appears on the Plat of "Midway".
a copy of which plat is duly recorded in the
Circuit Court Clerk's OffLce of Virginia Beach,
Virginia, in Map Book 7, at Page 130, the portion
to be vacated being outlined in red on the attactfed
survey and being more particularly bounded and
described as follows:
BEGINNING at a point, which point is located at
the southwest corner of Lot 17, Block 8 ; thence,
from said point of beginning, N 06 * -57'-251' W
1 57. 50 feet to a point which point is located at the
southwest corner of Lot 12, Block 8; thence,
turning and running S 83 @ -021-3511 W 50. 00 feet
to a point which point is located at the northeast
corner of Lot 13, Block 7; thence turning and
running S 06* -57'-Z5" E 157. 50 feet to a point
which point is the southeast corner of I-ot 17,
Block 7; thence turning and running N 83* -02'-
35" E 50. 00 feet to the point of beginning.
April 9, 1984
- 17 -
Item II-E.9
CONSENT AGENDA ITEM # 21685
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an ordinance appointing Viewers in the petition of
ROBERT H. and MAMIE P. RAYMOND and ELVIN P. and GERALINE W. LILLEY for
the closure of a portion of Trotter Drive (Kempsville Borough).
The Viewers are:
Robert J. Scott - Director of Planning
David M. Grochmal - Assistant to the City Manaqer
for Inter-Goverrimental Affairs
C. Oral Lambert, Jr., - Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Votinq Nay:
None
Council Members Absent:
Robert G. Jones
April 9, 1984
- 17a -
LAW OFFICES
Cox, Cox, & Cox
1518 ATLANTIC "ENUE
VIRGINIA BEACH. VIRGINIA 23451
(W4) 4254595
LUCIAN S. COX. JR. March 2, 1984 LUCIAN S. COX. SR. (1879-1971)
LUCIAN S. COX, Ill rof. ou, flig s 331
HARRY R. PURKEY. JR. CERTIFICATE OF VESTING OF TITLE
I, Harry R. Purkey, Jr. , attorney for Robert ki. Raymond, 14amie P.
Raymond, Elvin F. Lilley, and Geraline W. Lilley, do hereby certify that;
1. I am an attorney at law aud represent Robert H. Raymond, Mamie
P. Raymond, Elvin F. Lilley, and Geraline W. Lilley, the petitioners.
2. If the property described. below is discontinued, closed and
vacated by the Council of the City of Virginia beach, Virginia, then title
to said property will vest in Robert H. Raymond, Mamie P. Raymond, Eivin F.
Lilley, and Geraline W. Lilley, the adjacent landowners.
The said property referred to herein is hereby described as
follows;
Trotter Drive, formerly Leland Street, beginniug at a point iu
the northwestern corner of the intersection of Trotter 1)rive and
Reon Drive 82.63 feet south of the northern side of Lot 34;
thence from said point south 00 degrees 15 minutes west 70.DU
feet to a point; thence along a curve to the right having a
radius of 10 feet, an arc distance of 15.71 feet to a point;
thence north 89 degrees 45 minutes west 153.00 feet to a point;
thence north 00 degrees 15 minutes east 50.00 feet to a point;
thence south 89 degrees 45 minutes east 153.00 feet to a point;
thence along a curve to the left having a radius of 10 feet, an
arc distance of 15.71 feet to the poiut of beginning. (Portion
to be vacated is designated as 8,192.9 square feet of Trotter
Drive, formerly Leland Street).
Kespectf@lly,
,,.rry R. Purkey, "@r4
April 9, 1984
- 17b -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Robert H. Raymoud and Hamie P. Raymond and Livin F. Lilley
and Geraline W. Lilley, have given due and proper notice, in accordance with
the statutes for such cases made and provided that they will on the 9th day
of April , 1984, apply to the City Council of the City of Virginia beach,
Virginia, for the appointment of Viewers to view the below-described property
and report in writing to the Council whether, in the opinion of said Viewers,
any, and if any, what inconvenience would result from the vacating, closing
and discontinuance of the hereinafter described portion of that certain street
of variable width, and have filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virgiuia
Beach, Virginia:
THAT Robert J. Scott
David M.Grochmal
and C. oral Lambert, Jr. are
hereby appointed to view the below described property and repart in writine to
the Council, as soon as possible, whether in their opinion, any, and it any,
what inconvenience would result in the vacating, closing and discontinui
n@ ot
a portion of that certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as follows:
Trotter Drive, formerly Leland Street, beginning at a point in
the northwestern corner of the intersoction of Trotter Drive and
Reon Drive 82.63 feet south of the northern side of Lot 34;
thence from said point south 00 degrees 15 minutes west 7U.OU
feet to a point; thence along a curve to the right having a
radius of 10 feet, an arc distance of 15.71 feet to a point;
thence north 89 degrees 45 minutes west 153.00 feet to a ioint;
thence north 00 degrees 15 minutes east 50.00 feet to a point;
thence south 89 degrees 45 minutes east 153.00 teet to a point;
thence along a curve to the left having a radius of iU feet, an
arc distance of 15.71 feet to the point of beginnint. (Portion
to be vacated is designated as 8,192.9 square feet of Trotter
Drive, formerly Leland Street).
All the above as shown upou that certain plat entitled, "Survey of
Property for Street Closure being that portion of Trotter Drive (Lelaud Street
Plat) abutting Lots 34 and 36, Woodhaven, Kempaville Borough, Virginia beach,
Cox, Cox & cox Virginia", which plat is attached hereto and made a part hereof and ixitended
.@OR. El$ T @W
1518@T@NTICAVENUE to be recorded with the Ordinance closing the aforedescribed street.
VIRGINIA BEACH, VA @.51
April 9, 1984
- 17c -
IN TifE HATTER OF CLOSING, VACATLNG AND DISCUNTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS TROTTER DRIVE (FORMERLY LELAND STREET), AS SkiUWN UPON THAT
CERTAIN PLAT ENTITLFD, "SURVEY OF PRUPERTY FOR STREET CLOSURE BEING THAT
PORTION OF TROTTER DRIVE (LELAND STRELT PLAT) ABUTTING LOTS 34 AND 36,
WOODHAVEN, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA," Whlcli PLAT is
ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioners, Robert H. Raymond and Mamie P. Raymoud, and Livin F.
Lilley and Geraline W. Lilley, respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of the Code of
Virginia (1950), as amended, the Petitioners apply for the vacating, closing,
and discontinuance of a portion of that certain street, which is more
specificaLly described as follows:
Trotter Drive, formerly Leland Street, begiuning at a poiut in
the northwestern corner of the intersectiou of Trotter L)rive and
Reon Drive 82.63 feet south of the northern side of Lot 34;
thence from said poiut south 00 degrees 15 minutes west 70.00
feet to a point; thence along a curve to the right having a
radius of 10 feet, an arc distance of 15.71 feet to a point;
thence north 89 degrees 45 minutes west 153.00 feet to a point;
thence north 00 degrees 15 minutes east 50.00 feet to a poilit;
thence south 89 degrees 45 minutes east 153.00 feet to a pointi
thence along a curve to the left having a radius of 10 feet, an
arc distance of 15.71 feet to the point of beginning. (Portion
to be vacated is designated as 8,192.9 square feel of Trotter
Drive, formerly Leland Street).
Said parcel of land being a portion of Trotter Drive (formerly Leland
Street) as indicated on that certain plat entitied, "Survey of Property for
Street Closure being that portion of Trotter Drive (Leland Street Plat)
abuttiug Lots 34 and 36, Woodhaven, Kempsville borough, Virgiuia beach,
Virginia", which plat is attached hereto and made a part hereof and iutended
to be recorded with the Ordinance closing the aforedescribed street.
Cox, Cox & Cox
.@ORNEYSAT@W
l@I.AT-@TICA@E..E
VIRGI.IA..ACH VA23"1
April 9, 1984
17d -
2. That no inconvenience will result to any persons by reason of said
closing, vacation, aud discontinuance of said street; and the Petitioners pray
that this Honorable Council appoint viewers as provided by law to view said
platted street proposed to be closed and to report in writing to the Council
as soon as possible as to whether in the opinion of said Viewers, any, aud it
any, what inconvenience would result from the discontinuance and closing of
this portion of said street, as herein reported and described.
3. That on the 22nd day of February , 1984 and on the. 29th day
of February , 1984, notice of the presenting of this applicatiou was
published in the Virgiuia Beach Sun, a newspaper of general circulation, iu
the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent to and
affected by said portion of the platted street are your Petitioners herein,
Robert H. Raymond and Mamie P. Raymond, IU37 Reon Drive, Virginia beach,
Virginia; and Elvin F. Lilley and Geraline W. Lilley, 1033 Reou Drive,
Virginia Beach, Virginia.
Respectfully submitted,
ROBERT H. ELAYMOND, MAMIE P. KAYMOND,
ELVIN F. LILLEY aud GERALINE W. LILLEY
By
Of Counsel
Harry R. Purkey, Jr.
Cox, Cox & Cox
1518 Atlantic Avenue
Virginia Beach, Virginia 23451
(804) 425-8565
Cox, Cox & Cox
@@OR.EIS @T @.
1518AT@NTIC@VENUE
VIRGINIA BEACH, VA 23@@l
April 9, 1984
- 18 -
Item II-E.10
CONSENT AGENDA ITEM # 21686
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an ordinance appointing Viewers in the petition of
LANDS END ASSOCIATES for the closure of a portion of a 30-foot road
crossing from Marshview Drive to Indian Avenue (Lynnhaven Borough).
The Viewers are:
Robert J. Scott - Director of Planning
David M. Grochmal - Assistant to the City Manager
for Inter-Governmental Affairs
C. Oral Lambert, Jr., - Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
18a
MELVIN FRIEDMAN. P.C.
ATTORNEY AND COUNSELLOR AT LAW
4"0 HAYGOOD ROAD
VIRGINIA BEACH. VIRGINIA @55
TELEPHONE: @00
AREA CODE 804
CERTIFICATE OF VESTIW. OF TITLE
I, Melvin Friedn-an, Attorney for IANFB END ASSOCIATES, a Virginia
limited partnership, do hereby certify that:
1. I am an attorney at law and represent LANEf3 END ASSOCIATES, a
Vityinia lirrdted partnetship, the Petitioner.
2. If the property described below is discontirmed, closed and
vacaLed by the Council of the City cf Virginia Beach, Virginia then title
to said prcperty will vest in LANRB END ASSOCIATES, a Virginia li@ted
parLnetship, the holder of the underlying fee in said prcperty.
. .......... .. ...... I..@ . . ......
3. The said prcperty referred to herein is hereby described as
follows:
ALL of that certain pdrtion cf a 301 wide road situated in the
Lynnhaven Borcagh. of the City of Virginia Beach, Virginia, cross-
irig the prcperty of LANDS END ASSOCIATES, a Virginia limited
partnership, fran the vkstern end of a 30' Wide Road closed bY
Virginia Beach City Council by Ordinance No. 15,262, recorded in
Deed Bock 2250 at page 1651 in the Clerk's Office cf tbe Circuit
Court of the City of Virginia Beach, Virginia to the east to the
end of the 30 foot wide road to be vacated at its intersection in
the eastern right of vay line of Ma@hview Drive to the mest, as
shDwn on that certain plat entitleci "PIAT SHOWING FORTION OF 30
FOOT WIDF ROAI) TO BE CLOSEI) BY THE CI7Y CP VIFCINIA FEAai, VA.
OFDINANCE, LYNNHAVEN BDROUGH, VIFIGINIA BEACH, VIWINIA,'- nade by
Wilfred P. Laige, Inc., dated February 22, 1984, attached herelo,
that certain portion of the 30 foot wide road beirg imre particu-
larly boanded and dewribed by reference to the plat as follows:
Beginnirg at tbe point of intetsection of the southern right of
way line of Norfolk Avenue and tbe eastern right of vay line of
?Aarshview Drive; then runnirg S. 6* 33' 40" W., a distance of
282.52' to a point aarked by a pin; then tirnirg and runnirg S.
49' 041 28" W., a distance of 4.25' to a pdint mrked by a pin,
be@ the point of beginnirg, then turnirg and runnirg S. 40* 56'
21" E. , a distance of 129.04', to a pc)int miked by a pin, then
turnirg and runnirg N. 49' 051 02" E. , a distance of 10.00', to a
point narked by a pin, then tirning and runnirg S. 40* 56' 21" E. ,
a distance of 541.281 to a pc)int mrked by a pin, then twnirg and
runnirg S. 46@ 35' 42" E. , a distance of 10.01 I to a point mrked
by a pin, then turning and mnnirg S. 40* 56' 21" E. , a distance
April 9, 1984
18b -
of 180.32' to a point rrelrked by a pin, then tirnirg and runnirg S.
76' 01l 0011 E. , a distance of 338.80' to a point na@ed by a pin,
then turnirg and junnirg S. 33* 03' 29" E. , a distance of 44.02',
to a point uarked by a pin, then turnirg and runnirg N. 76* 01'
0011 E., a distance cf 380.501 to a point narked by a pin, then
turnirg and runnirg N. 401 561 21" W., a distance of 860.56' to a
point rrarked by a pin, then tirnirg and runnirg N. 49- 04- 28"
E. , a distance of 30.00', to a PC)int narked by a pin, mhich is the
point of beginnirg.
DATED: m@,,h s lqs4
lvin Fri nun
April 9, 1984
18C -
ORDIMWE APPOINTIWI VIINERS
WHEREAS, LANDS END ASSOCIATES, a Vi@inia limited partne@hip,
afteivards referred to as the Applicant, has glven due notice, in accord-
ance with the statutes for stuh cases nade and provided that they will on
the 9th day of April, 1984, apply to the City Ccuncil of the City of
Vitginia Beach, Vir-ginia for the appdin@nt of Viewem to view the below
described prcperty and report in writirg to the Council whether, in the
opinion of said ViEwers, any, and if arW, %bat inconvenience @uld result
fran the discontimance of the hereinafter described portion of that
certain street of ariable width, and has filed such application with said
Council.
NON, THEREFORE, be it ORDAINED by the Coancil of the aty of
Virginia Beach, Vi@inia:
THAT Robert J. Scott
David M. Grochmal AND,
C. Oral Lambert, Jr.
are hereby appdinted to view the below described prcperty and report in
writirg to the Council, as soon as pc)ssible, mhether in their cpinion, arW,
and if ary, what incorivenience would result in the discontiruirg and vacat-
iorg of that certain street of variable width located in the City of Vir-
ginia Beach, Virginia, and ndre particularly described as follows:
ALL of that certain portion of a 301 wide road situated in the
Lynnhaven Borcagh of the City of ViTginia Beacb, Virginia, crcss-
ing the prcperty of LANDS END ASSOCIATES, a Vizginia limited
partne@hip, fran the wstern end of a 30' Wide Road closed by
Vitginia Beach City Caincil by Ordinance No. 15,262, recorded in
Deed Bock 2250 at page 1651 in the Cletk's Office of the Circuit
Court of the City of Virginia Beach, Virginip, to the east to the
end of the 30 foot wide road to be vacated at its intersection in
the eastern right of Yay line of Marshview Drive to the vest, as
shown on that certain plat entitled "PLAT SHOWING FORTION OF 30
FOOT WIDE ROAD TO BE CLOSED BY THE CIIY OF VIFRINIA BEACH, VA.
ORDINATCE, LYNNHAVEN BOROUGH, VIFCINIA BEACH, VIFrINIA," mde by
Wilfred P. Large, Inc., dated February 22, 1984, attached hereto,
that certain portion of the 30 foot wide road beirg ffore particu-
larly bounded and described by reference to the plat as follows:
Beginnirg at the point of intersection of the sc)uthern right of
way line of Norfolk Avenue and the eastern right of vay line of
Marshview Drive; then tunnirg S. 6@ 33' 40" W., a distance of
282.521 to a point narked by a pin; then turnirg and runnirg S.
April 9, 1984
- 18d -
49' 041 28" W., a distance of 4.251 to a pc)int mtked by a pin,
beirg the pdint of beginnirg, then tirnirg and runnirg S. 40* 56'
2111 E., a distance of 129.041, to a point rrarked by a pin, then
turnirg and Tunnirg N. 491 051 0211 E. , a distance of 10.00', to a
point narked by a pin, then turnirg and runnirg S. 40* 56' 21" E. ,
a distance of 541.281 to a pc)int narked by a pin, then ttwnirg and
runnirg S. 46@ 351 42" E. , a distance of 10.01 I to a PC)int ffarked
by a pin, then turnirig and iunnirg S. 40@ 561 21" E. , a distance
of 180.321 to a pdint mtked by a pin, then turning and tunnirg S.
76* 01' 00" E., a distance of 338.80' to a pdint nurked by a pin,
then turnirg and runnirg S. 33' 03' 29" E. , a distance of 44.021,
to a pdint rrELrked by a pin, then turnirg and tunnirg N. 76* 01'
00" E., a distance of 380.501 to a pc)int narked by a pin, then
twnirg and runnirg N. 40@ 561 21" W., a dlstance of 860.561 to a
point rnirked by a pin, then turnirg and tunnirg N. 49- 04- 28"
E. , a distance of 30.001, to a pdint rmtted by a pin, vbich is the
point of beginnirg.
All the above as shown updn that certain plat entitled, "PI-AT
SHOWING FORTION CF 30 FOOT WIDE ROAD TO BE CIOSED IN THE CITY OF VIFCINIA
BEACH, VA. ORDINME, LYNNHAVEN BDROUGH, VIFCINIA BEACH, VA., vbich plat is
attached hereto and nade a part hereof and intended to be recorded with
the Ordinance closirg the aforedescribed street.
April 9, 1984
18e
2 z
,4ii
04
OCEAN
Ar@ANr'C
CL
cti Co,-
1/00/
-.9ps
4
100,
J,,eo-,.qo
190
DRIVE
April 9, 1984
18 f
IN THE HATTER OF CLOSIW,, VACATING AND DISODNTINUIW,
A FORTION CF THAT CERTAIN SMFT, KNOWN AS A 30 FOOT
WIDE ROAD, AS SHC)WN UPON THAT CERTAIN PLAT ENTITLED,
"PLAT SHONIIC FORTION OF 30 F'OOT WIDE ROAD TO BE
CLOSED BY THE CITY OF VIFOINIA BEACH, VA. ORDINANCE,
LYNNHAVEN B)ROUGH, VI@INIA BEAaf, VIFCINIA," WHICH
PIAT IS ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE R&MBFRS OF THE CX)UICIL OF THE Cl'fY CP VIFCINIA
BEACH, VIEGINIA
Your Petitioner, LANES END ASSWIATES, a VitEinia limited partner-
ship, afterwards referred to as the Petitioner, respeclfully represent as
follokvs:
1. That ptrsuant to the provisions of SecLion 15.1-364 of the
Code of Virginia, 1950, as amended, the Petitioner applies for the vacat-
ing, clo6ir4g, and dlscontinaance of a pc)rtion of that certain street, vhich
is mre specifically described as follows:
ALL of that certain pdrtion of a 30' wide road situated in the
Lynnhaven Borcugh of the City of Vi@inia Beach, Virginia, cross-
ing the prcperty of LANDS END ASSOCIATES, a ViMinia limited
partnership, frcrn the @stern end of a 30' Wide Road closed by
Viryinia Beach City Council by Ordinance No. 15,262, recorded in
DeeJ Bock 2250 at page 1651 in the Clerk's Office of the Circuit
Court of the City of Viryinia Beacb, Vitginia to the east to the
end of the 30 foot wide road to be vacated at its intemection in
the eastern right of my line of Mar-shview Drive to the @st, as
shown on that certain plat entitled "PIAT SHONING FORTION OF 30
FOOT WIDE ROAD TO BE CLOSED BY THE CITY CF VIFCINIA BEACH, VA.
ORDINArCE, L VFN BOROUGH, VIFCINIA BEACH, VIFCINIA," nade by
Wilfred P. Latge, Inc., dated Februaly 22, 1984, attached hereto,
that certain pdrtion of the 30 foot wide road being mre particu-
larly bcunded and described by reference to the plat as follows:
Beginnirg at the pc)int of intemection of the SC)uthern right of
way line of Norfolk Awnue and the easterd right of vay line of
Marshview Drive; then runnirg S. 6@ 33' 40" W. , a distance of
282.521 to a point rrarked by a pin; then turnirg and runnirg S.
49' 041 28" W., a distance of 4.251 to a point rarked by a pin,
beirg the @int of beginnirg, then tlwnirg and runnirg S. 40* 561
21" E. , a distance of 129.041, to a pdint garked by a pin, then
turnirg and tunning N. 49' 05' 02" E. , a distance of 10.00', to a
point mrked by a pin, then tirnirg and runnirg S. 40* 56' 21" E. ,
a distance of 541.28' Lo a point natked by a pin, then turnirg and
April 9, 1984
18g -
runnirg S. 46' 351 42" E. , a distance of 10.01' to a point rmlked
by a pin, then turnirg and runnir4g S. 401 561 21" E. , a distance
of 180.32' to a point rmtked by a pin, then turnirg and runnirg S.
7ir 01' 00" E. , a distance of 338.801 to a pc)int mrked by a pin,
then turnirig and runnirg S. 33' 03' 29" E. , a distance of 44.021,
to a pc)int rrELrked by a pin, then turnirg and mnnirg N. 76' 01'
00" E. , a distance of 380.50' to a point rrarked by a pin, then
twnirg and tunnirg N. 40* 56' 21" W., a distance of 860.561 to a
point mrked by a pin, then turnirg and runnirg N. 49- 04' 28"
E. , a distance of 30.001, to a pdint narked by a pin, vhich is the
point of beginning.
2. That no inconvenience will result to ary pemons by reason of
said closirg, vacation, and discontirmance of said street; and the Peti-
tioner prays that this Honorable Council appc)int vicvers as provided by
law to view said platted street prcposed to be closed and to report in
writirg to the Council on or before the 9th day of April, 1984, as to
whether in the cpinion of said Viewers, vbat inconveninece, if ary, @uld
result fran the discontinaance and closirg of this pc)rtion of said street,
as herein reported and described.
3. That on March 18, 1984 and )Aarch 25, 1984, notice of the
presentirg of this application was published in the Beacon, a n(,vspaper of
general circulation in the City of Virginia Beach, Vitginia.
4. That the fee simple owner-s of all land a-lorg and adjacent to
and affected by said portion of the platted street are your Petitionem
herein, Lands End Associates, a Vizginia limited partne@hip.
RESPECTFULLY SUBMITTED,
LANL'S END ASSOCIATES, a Virginia limited
partner,ship
BY:
Of Counsel
Melvin Friednan
MELVIN FRIEDMAN, P.C.
4660 Haygood Road
Virginia Beach, Vir-ginia 23455
(804) 460 6000
April 9, 1984
- 19 -
Item II-E.11
CONSENT AGENDA ITEM # 21687
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount
of $750.30 upon application of certain persons and upon certification
of the Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Menbers Voting Nay:
None
Council members Absent:
Robert G. Jones
April 9, 1984
FORM NO. C.A. 7 - 19a -
3/23/84 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 Exonem- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
D A Sprinkle 83 RE(1/2) 77196-2 11/16/82 20.00
D A Sprinkle 83 RE(2/2) 77196-2 8/17/83 20.48
Jesse 0 & Lena M Reese 82 RE(1/2) 65214-6 11/25/81 10.44
Jesse 0 & Lena M Reese 82 RE(2/2) 65214-6 6/5/82 10.44
Jesse 0 & Lena M Reese 83 RE(1/2) 67883-1 12/1/82 16.14
Jesse 0 & Lena M Reese 83 RE(2/2) 67883-1 6/5/83 16.14
Kellam Pickrell & Lawler 83 RE(1/2) 3058-5 12/5/82 56.76
Diversified Mail Marketing 84 RE(1/2) 22597-2 12/5/83 120.00
Mattie G James 84 RE(1/2) 43638-9 10/19/83 51.52
Allen Jr & Anne W Jones 84 RE(1/2) 44862-4 10/25/83 3.07
Michael & Deborah Winesett 83 pp 194797-6 3/2/84 .62
Charles & Kathy Bensten 83 pp 188690-6 3/2/84 2.14
Anastasia & John Crampton 83 pp 189522-8 3/6/84 .46
Anastasia & John Crampton 83 pp 189523-7 3/6/84 10.11
Richard A Lyons 83 pp 192040-5 3/7/84 10.43
Richard A Lyons 83 pp 192041-4 3/7/84 .05
Charles Boothe 83 pp 188795-0 3/7/84 10.35
Charles Boothe 83 pp 188794-1 3/7/84 .12
Luzuiminda C Tayag 83 pp 139757-0 9/12/83 105.47
Eric J Lowe 83 pp 87680-3 8/31/83 150.37
Diamond Enterprises 83 pp 167136-2 11/9/83 60.18
Brite Parris 83 pp 109009-9 12/7/83 60.01
Wanda Mae Lowe N/A Pkng 63887 2/29/84 15.00
MAR 28 1984
Total 750.30
DEPT- OF LAW
This ordinance shall be effective from date of adoption.
The above abatemenqs) totaling Certi
@750.30 were approved by
the Council of the City of Virginia 1984 p@
Beach on the 9- day of +/-Pril-,
John T. tkinson, Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
April 9, 1984
- 20 -
Item II-E.12
CONSENT AGENDA ITEM # 21688
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance authorizing License Refunds in the
amount of $3,387.23 upon application of certain persons and upon
certification of the Commissioner of the Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
20
AN ORDINANCE AUTHOFI. 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 licesise refunds, upon certif lcation of tlie Commissioner of the
Revenue are hereby approved:
NAME License Date Baso Pcnalty Int. Total
Year Paid
Dravis, Marlene & Jacobson, Elizabeth
T/A Bedside Manner
P. 0. Box 2303
Va. Beach, VA 23A50 i983 1/18/84 12.00 12.00
Elektro-Physik, Inc.
1129 Indeperidence Blvd.
Va. @each, VA 23456 Audit Credit, .519.50 519.50
Topolcic, George B.
T/A Express Press
2768 Shore Drive
Va. Beach, VA 23451 Audit Credit 47.93 ..47.93"
Certi@ed as to Payment:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totalind $579-43 were approved by the Council
of the City of Y!rginia Beach on the 9-' day of 4
8
Ruth HoJges Smith
City Clerk
April 9, 1984
20b
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF'RHE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED 13Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following zipplications for license rofunds, upon certification of tlie Commissioner of the
Revenue are hereby appro@,ed:
NAME License Date Base Penalty Int. Total
Year Paid
Nutri/System Weight Loss Co., Inc.
T/A.Weight Loss Medical Ctr.
Attn: James G. Murray, Tax Accountant
Old York & Rydal Roads
Jenkintown, PA 19046 1983 3/8/84- 430.71 430.71
Saenz, Enriaue A., MD, FACS
880 Kempsviile Rd., Suite 2100
Norfolk, VA 23502 Audit Credit 117.'12 117.32---
Smittle, Tonie S.'
1636 Lake Christopher Dr.
Va. Beach, VA '23462r 1983 3.2/20/83 SS.75 RR.75
Ce nt:
Ivan D. Mqpp U.V
Commissibi of Rev
Appro/e@ as to
J. Dt. Bi....
This ordinance shall be effective from date of ty Attorney
adoption.
The above abatement(s) totaling $636.78 were approved by the Council
9 April 84
of the City of Y-irginla E each on the day of 19- .
Ruth HDdges Smith
City Clerk
April 9, 1984
FORM NO. C... 0 ---
- 20c
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CEERTAIN PERSONS AND
UPON CERTIFICATION OF THE COVIMISSIONER
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
Revenua are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Solar Resources of Tidewater, Inc.
c/o Eagle Electric Corp.
4980 Cleveland Street
Va. Beach, VA 23462 Audit Credit 2,114.64 2,11A.64
Va. Beach Waves, Inc.
c/o J. Lawrence Brownell, Pres.
1504 Baycliff Court
Va. Beach, VA 23454 Audit Credit 56.38 56.38
Cer ment:
Ivan 0. Mapp
Comnilssioner of R
Approved as to form:
U4./baii Bimson
This ordinance shall be effective from date of C/ty Attorney
adoption.
The above abatement(s) total intf @2,171.02 wereapprovedbythecouncil
of the City of Virginia Beach on the 9 day of April 19 84
Ruth Hodges Smith
City Clerk
April 9, 1984
- 2 1 -
Item II-E.(l)
ANNOUNCEMENTS ITEM # 21689
Mayor Jones announced an ELECTRIC POINTER was provided for the speakers
at the Podium to indicate their area of interest on the wall map.
Mayor Jones also announced that the CITY UTILITY POLICY would not be
presented today but rather on April 16, 1984.
April 9, 1984
- 22 -
Item II-F.1
PLANNING ITEM # 21690
Billy McDowell, pool contractor, represented the applicant.
C. Oral La@ert, Director of Public Works, responded to City s Encroachment
Policy.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED the Application of Congressman NORMAN SISISKY for an
ENCROACHMENT into a right-of-way known as 61st Street. This Application
concerned the replacement of an existing privacy fence.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- 23 -
Item II-F.2
PLANNING ITEM # 21691
Attorney Bruce Mills represented the Applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of DANIEL PIERRO for the
closure of a portion of FIRST STREET.
ORDINANCE UPON APPLICATION OF DANIEL PIERRO FOR THE
DISCONTINUANCE, CLOSURE AND ABANDONMENT OF A PORTION
OF FIRST STREET
Ordinance upon Application of Daniel Pierro for the dis-
continuance, closure and abandoriment of a portion of First
Street beqinning at the Eastern boundary of South Kentucky
Avenue and running in an easterly direction a distance of
100 feet. Said street is 50 feet in width and contains
5,000 square feet. KEMPSVILLE BOROUGH
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
Robert G. Jones
April 9, 1984
23a - ORDINANCE NO:
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF TI-IAT CERTAIN
STREET KNOW-N AS FIRST STREET, LOCATED IN
THE KEMPSVILLE BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA AS SHOWN ON THAT
CERTAIN PLAT ENTITLED " PLAT SHOWING
PROPOSED VACATION OF A PORTION OF FIRST
STREET SUBDIVISION OF MIDWAY VIRGINIA BEACH,
VIRGINIA Scale 1" = ZO', Date: November 1, 1983,
FREEMAN & FREEM-AN, ENGINEERS & SURVEYORS".
WHEREAS, it appearing by affidavit that proper notice has been
given by Daniel A. Pierro and Hazel Craig that They would make application
to the Council of the City of Virginia Beach, Virginia, on
to have the hereinafter described street discontinued, closed, and vacated;
and
W"HEREAS, it is the judgement of the Council that sitid street be
discontinued, closed and vacated:
NOW THEREFORE, SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed, and
vacated:
ALL THAT certain portion of First Street as shown
on the Plat of "MIDWAY", a copy of which plat is
duly recorded in the Circuit Court Clerk's Office of
Virginia Beach, Virginia, in Map Book 7, at Page 130,
the portion to be vacated being more particularly shown
on that survey entitled, PLAT SHOWING PROPOSED
VACATION OF A PORTION OF FIRST STREET SUB-
DIVISION OF NADWAY VIRGINIA BEACH, VIRGINIA,
Scale: 111 = 20', Date: November 1, 1983, FREE@N
& FREEMAN, Engineers & Surveyors", a copy of
which is attached hereto, and the portion to be vacated
being outlined in red on the attached survey and being
more particularly bounded and described as follows:
BEGINNING at a pin, which pin is located at the
northwest corner of Lot One, Block IZ, Plat of
Midway; thence from said Point of Beginning, NO*
16' W 50 feet to a pin which pin is located at the
southwest corner of Lot 16, Block One, Plat of
Midway; thence, turning and running along the
southern property line of said lot 16, N89* 441
E 100. 00 feet to a pin, which pin is located at
the southeast corner of said lot 16; thence,
April 9, 1984
23b
turning and running S O* 16 E 50 feet to a pin,
which pin is located at the northeast corner of
Lot One, Block 12, Plat of Midway; thence turning
and running S 89 * 441 W 100. 60 feet to the
POINT OF BEGINNING.
SECTION 11
A certified copy of this Ordinance shall be filed in the Office of
the Circuit Court of the City of Virginia Beach, indexed in the name of
the City of Virginia Beach, as grantor.
April 9, 1984
- 24 -
Item II-F.3
PLANNING ITEM # 21692
Attorney Grover Wriqht represented the Applicant.
Upon motion of Councilwoman McClanan, seconded by Councilman Baum, City
Council ADOPTED an ordinance upon application of CREECH DEVELOPMENT
CORPORATION for a Conditional Use Pe=it.
ORDINANCE UPON APPLICATION OF CREECH DEVELOPMENT CORP-
ORATION FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES
R0484624
BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Creech Development Corp-
oration for a Conditional Use Permit for mini-warehouses
on certain property located on the south side of Harpers
Road beginning at a point 570 feet more or less east of
Phantom Boulevard, running a distance of 263.21 feet
along the south side of Harpers Road, running a dis-
tance of 177.20 feet in a southerly direction, running
a distance of 132.55 feet in an easterly direction,
running a distance of 25.70 feet in a northerly di-
rection, running a distance of 102 feet in an easterly
direction, running a distance of 78.50 feet in a south-
erly direction, running a distance of 443.30 feet along
the southern property line and running a distance of
236.36 feet along the western property line. Said
parcel contains 1.598 acres. PRINCESS ANNE BOROUGH
The following conditions shall be be required:
1. Adequate Screening.
2. Hours of Operation are from 6:00 a.m. to 9:00 p.m.
3. Lighting to be directed toward interior of site.
This ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Ninth day of April, Nineteen Hundred and Eighty-Four.
April 9, 1984
2 5
Item II-F.3
PTANNING ITEM 21692 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- 26 -
Item II-F.4
PLANNING ITEM # 21693
Attorney Grover Wright represented the Applicant.
upon motion by councilman McCoy, seconded by Councilwoman Oberndorf, CitY
Council ADOPTED an Ordinance upon application of WAVY TELEVISION, INC.
for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF WAVY TELEVISION, INC.,
A VIRGINIA CORPORATION, FOR A CONDITIONAL USE PERMIT
FOR A TELEVISION TRANSMISSION AND RELAY STATION R0484625
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of WAVY Television, Inc., a
Virginia Corporation, for a Conditional Use Permit
for a television transmission and relay station on
certain property located at the southwest corner of
South Boulevard and Expressway Drive, running a dis-
tance of 300 feet along the south side of South Boule-
vard, running a distance of 326 feet along the western
property line, running a distance of 225 feet along the
southern property line, running a distance of 330 feet
more or less in a northeasterly direction and running a
distance of 150 feet more or less along the west side
of Expessway Drive. Said parcel contains 2.58 acres.
KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Ninth day of April, Nineteen Hundred and Eighty-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- 27 -
Item II-F.5
PLANNING ITEM # 21694
Jim H. Francisco, Applicant, in attendance to respond to any questions.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED a Variance to Section 4.4(b) of the Subdivision ordinance
in the matter of the application of JIMMIE H. FRANCISCO.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivison Ordi-
nance, Subdivision for Jimmie H. Francisco. Property
located on the south side of Parliament Drive, 130
feet more or less west of Huntington Drive. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. 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:
Harold Heischober, and Robert G. Jones
April 9, 1984
- 28 -
Item II-F.6
PTANNING ITEM # 21695
Richard Browner, represented the Applicant
Upon motion by Councilman Jennings, seconded by Councilman Heischober, City
Council APPROVED a Variance to Sections 4.1(m), 5.5(1), and 5.5(b) of the
Subdivision ordinance in the matter of the application of N. JOSEPH DREPS.
Councilman Jennings as a part of his MOTION stated that Approval would be
subject to special building techniques to avoid erosion.
(Plat distributed by Richard Browner is hereby made a part of the proceedings)
Appeal from Decisions of Administrative officers in
regard to certain elements of the Subdivision ordi-
nance, Subdivision for N. Joseph Dreps. Property
located at the northwest intersection of S. Spigel
Drive and Gilbert Circle. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Special building techniques to avoid erosion.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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 Mernbers Voting Nay:
None
Council Members Absent:
Robert G. Jones, J. Henry McCoy, Jr., D.D.S.
April 9, 1984
28a
ro
24
- 29 -
Item II-F.7
PLANNING iTEm # 21696
Willia Daniels, resident of Rosernont Road, spoke in opposition.
Letter from Odessa Richardson of Rosernont Road in opposition to this
proposed Rezoning also referenced.
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober,
City Council DENIED an ordinance upon application of JOHN B. GERMAN
for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF JOHN B. GERMAN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO
0-1
Ordinance upon Application of John B. German for a
Change of Zoning District Classification from R-6
Residential District to 0-1 Office District on Lots
42, 43 and 44, Block 22, Pecan Gardens. Parcel is
located at 677 Rosemont Road and contains 7312.5
square feet. PRINCESS ANNE BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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 Voting Nay:
None
Council Members Absent:
Robert G. Jones, J. Henry McCoy, Jr., D.D.S.
April 9, 1984
- 30 -
Item II-F.8
PLANNING ITEM # 21697
Attorney Grover Wright represented the applicant.
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober,
City Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING
CORPORATION for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
PD-H2 TO P-1 Z0484843
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of R. G. Moore Building
Corporation for a Change of Zoning Distict Classification
from PD-H2 Planne@Unit Development District to P-1
Preservation District on parcels located south of Dam
Neck Road and east of Oceana Boulevard as shown on
the plats of Sandy Shores, Phases One, Two and Three
on file in the Department of Planning. Said parcel
contains 19.65 acres. PRINCESS ANNE BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
A variable width dedication along the frontage on Old Dam
Neck Road to provide for an ultimate 66 foot right-of-way
as per the Master Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Ninth day of April, Nineteen Hundred and Eighty-Four.
Voting: 10-0
Council Memhers Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- 31 -
Item II-F. 9
PLANNING ITEM # 21698
Attorney Moody E. Stallings represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances upon application of THE ESTATE OF HATTIE E.
GRESHAM for Changes of Zoning per the following:
ORDINANCE UPON APPLICATION OF THE ESTATE OF HATTIE E.
GRESHAM FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1
TO B-2 Z0484844
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of the Estate of Hattie E.
Gresham for a Change of Zoning District Classification
from AG-1 Agricultural District to B-2 Community-Busi-
ness District on certain property located 600 feet east
of Oceana Boulevard beginning at a point 800 feet more
or less south of Old Dam Neck Road, running a distance
of 850 feet along the western property line, running a
distance of 230 feet more or less along the southern
property line, running a distance of 690 feet more or
less along the eastern property line, running a dis-
tance of 190 feet more or less in a northwesterly di-
rection, running a distance of 150 feet more or less
in a northeasterly direction and running a distance of
40 feet more or less in a northwesterly direction. Said
parcel contains 4.35 acres. PRINCESS ANNE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF THE ESTATE OF HATTIE E.
GRESHAM FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 TO B-2 Z0484845
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of the Estate of Hattie E.
Gresham for a Change of zoninq District Classification
from AG-2 Agricultural District to B-2 Conununity-Business
District on certain property located on the east side of
Oceana Boulevard beginning at a point 750 feet more or
less south of Old Dam Neck Road, running a distance of
550 feet more or less alonq the east side of Oceana Boule-
vard, running a distance of 390 feet more or less in a
southeasterly direction, running a distance of 430 feet
along the southern property line, running a distance of
850 feet more or less along the eastern property line,
running a distance of 40 feet more or less in an easterly
direction, running a distance of 50 feet more or less in
a northerly direction and running a distance of 550 feet
more or less along the northern property line. Said parcel
contains 11.45 acres. PRINCESS ANNE BOROUGH
April 9, 1984
- 32 -
Item II-F. 9
PIANNING ITEM # 21698 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
in@th day of April, Nineteen Hundred and Eighty-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- 33 -
Item II-F.10
PLANNING ITEM # 21699
Attorney Grover Wright represented the Applicant
Upon motion by Councilwoman McClanan, seconded by Councilwoman Creech, City
Council DEFERRED for thirty (30) days until the City Council meeting of
May 14, 1984, as Applicant had not submitted a revised plan reflecting
a total of 249 units to the Planning Department, Ordinances upon application
of GALLAGER ASSOCIATES for Changes of Zoning per the following:
ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 to R-8
Ordinance upon Application of Gallager Associates for a
Change of Zoning District Classification from AG-1 Agri-
cultural District to R-8 Residential District on cer-
tain property located 800 feet more or less east of Holland
Road beginning at a point 3400 feet more or less south of
Landstown Road, running a distance of 1153.14 feet in a
northeasterly direction, running a distance of 1062.54
feet in a southeasterly direction, running a distance of
990.99 feet in a southerly direction, running a distance
of 976.95 feet in a westerly direction, running a dis-
tance of 117.36 feet in a southwesterly direction,
running a distance of 444.73 feet in a northwesterly
direction, running a distance of 240 feet in a south-
westerly direction, running a distance of of 503.14 feet
in a northwesterly direction, running a distance of 133.62
feet in a southwesterly directon and running a distance
of 149.26 feet in a northwesterly direction. Said parcel
conains 42.319 acres. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 TO R-8
Ordinance upon Application of Gallager Associates
for a Change of Zoning District Classification from
AG-2 Agricultural District to R-8 Residential District
on certain property located on the east side of Holland
Road beginning at a point 3400 feet more or less south
of Landstown Road, running a distance of 361.54 feet
along the east side of Holland Road, running a dis-
tance of 651.53 feet in a northeasterly direction,
running a distance of 448.51 feet in a northwesterly
direction and running a distance of 452.91 feet in
a southwesterly direction. Said parcel contains
4.67 acres. PRINCESS ANNE BOROUGH
A N D,
April 9, 1984
- 34 -
Item II-F.10
PLANNING ITEM # 21699 (Continued)
ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-8 TO PD-H2
Ordinance upon Application of Gallager Associates for
a Change of Zoning District Classification from R-8
R s@idential District to PD-H2 Planned Unit Development
District on parcels located on the east side of Holland
Road.
Parcel 1: Located on the east side of Holland Road be-
ginning at a point 3400 feet more or less south of Land-
stown Road, running a distance of 361.54 feet along the
east side of Holland Road, running a distance of 651.53
feet in a northeasterly direction, running a distance
of 448.51 feet in a northwesterly direction and running
a distance of 452.91 feet in a southwesterly direction.
Parcel 2: Located 800 feet more or less east of Holland
Road beginning at a point 3400 feet more or less south
of Landstown Road, running a distance of 1153.14 feet
in a northeasterly direction, running a distance of 1062.54
feet in a southeasterly direction, running a distance of
990.99 feet in a southerly direction, running a distance
of 976.95 feet in a westerly direction, running a distance
of 177.36 feet in a southwesterly direction, running a dis-
tance of 444.73 feet in a northwesterly direction, runninq
a distance of 240 feet in a southwesterly direction, running
a distance of 503.14 feet in a northwesterly direction,
running a distance of 133.62 feet in a southwesterly di-
rection and running a distance of 149.26 feet in a north-
westerly direction. Said parcels contain 46.989 acres
PRINCESS ANNE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 TO P-1
Ordinance upon Application of Gallager Associates for a
Change of Zoning D strict Classification from AG-1 Agri-
cultural District to P-1 Preservation District on cer-
tain property located 2500 feet more or less east of
Holland Road beginning at a point 2000 feet more or less
south of Landstown Road, running a distance of 728.51
feet in a northeasterly direction, running a distance
of 2508.70 feet in a southeasterly direction, running
a distance of 987.64 feet in a westerly direction, running
a distance of 990.99 feet in a northerly direction and
running a distance of 1062.54 feet in a northwesterly di-
rection. Said parcel contains 37.842 acres. PRINCESS
ANNE BOROUGH.
April 9, 1984
- 35 -
Item II-F.10
PIANNING ITEM # 21699 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- 36 -
Item II-G.1, 2 & 4
APPOINTMENTS ITEM # 21700
By CONSENSUS, City Council RESCHEDULED Appointments of the following:
ADVERTISING SELECTION COMMITTEE
COMMUNITY SERVICES BOARD
HOUSING BOARD OF APPEALS
April 9, 1984
- 37 -
Item II-G.3
APPOINTMENT ITEM # 21701
Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED
the following:
Lillian B. Youell HISTORICAL REVIEW BOARD
(To fill the unexpired term of maryanne Nixon to March 31, 1986)
Voting. 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. 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:
Robert G. Jones
April 9, 1984
- 38 -
Item II-H
ADD-ON
UNFINISHED BUSINESS ITEM # 21702
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council RESCINDED the portion of the Action by City Council on April 2, 1984
APPROVING Authorization to ADVERTISE the following SPECTAL REVENUE BOND:
CHASE LYNNHAVEN LIMITED PARTNERSHIP ($7,500,000) Suffolk Redevelopment and
Housing Authority
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Votinq Nay:
None
Council Members Absent:
Robert G. Jones
April 9, 1984
38a -
SUMMARY SHEET
SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
SPECIAL REVENUE BOND
Project Name: Chase Lynnhaven Limited Partnership
Project Location: South Lynnhaven Road across from Lee
Highlands Boulevard. See map attached.
Description of 154-unit apartment complex, including land-
Project: scaping and recreational amenities. The
Project is further described in the attachment.
Amount of Bond: $7,500,000
Principals: Chase Lynnhaven Limited Partnership is a
Virginia limited partnership, the general
partners of which are Crow, Terwilliger
& Michaux, Inc., a Virginia corporation,
and Crow-Terwilliger Company, a Georgia
corporation. The principals of those companies
are described in the attached resume of
the Development Team.
April 9, 1984
- 39 -
Item II-I
ADD-ON
NEW BUSINESS ITEM # 21703
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council RESCHEDULED the Application of JOHN G. AND MARY WILLIAMS for a
Change of Zoning District Classification from R-6 Residential District to
A-2 Apartment District (Bayside Borough) from the City Council Meeting of
April 23, 1984 to the City Council Meeting of May 14, 1984.
Attorney Grover Wright stated the residents of Witchduck Landing and
Aragona Village in opposition to this rezoning would be notified of the
RESCHEDULING, and copies of said letters sent to the City Clerk's office
for the record.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M.Henley, and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones
April 9, 1984
- 40
Item II-J.1
ADJOURNMENT ITEM # 21704
Upon motion by Councilwoman Creech, City Council ADJOUR14ED the meeting
at 3:30 p.m.
- @.., y
Deputy City Clerk
cmc Mayo2 Louis P(/ Jones
City Clerk
City of Virginia Beach
virginia
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