AUGUST 15, 1983 MINUTES
@it@ C)-f N7ir-wi@iEl
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y,,d, B .... gb
VICE-MA YOR BARBARA M. HENLEY, P..g. B.,..gh
JOHN A. BAUM, B.,..gb
NANCY A. CREECH. A, L.,g.
liAROLD IIE[SCIIOBER. A, L.,g,
U. JACK JENNINGS, JR., Ly..h.... B.@.gh
ROBERT G. JONES, A, L.,g,
W. It. KITCHIN, Ill. Vigi.,. 13@.@b
REBA S. M,CLANAN. P,i .... @ A.., B.,@.gh
1. HENRY M@COY, JR.. 8 --- gb 212 CITY HALL BUILDING
MEYERA E. ONERNDORP, At L.,g, MU.NICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 234$6
RUTH HODGES SMITH, CMC, City Cl,,k f 804) 427-4 30 3
CITY COUNCIL AGENDA
Au-.ust 15, 1983
MEETING: 11:00 a.m. - Briefing Colonel Hudson, of the
Army Corps of Engineers, on Beach
Erosion Control and Hurricane
Protection Plan
ITEM I INFOPJ4AL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Joiies
B. ROLL CALL OF COUNCIL
C. IIOTION TO RECESS INTO INFORIIAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT !IATTERS
1. Matters for discussion a or.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITF24S:
1. Selection of Voting Delegates for Virginia Municipal
League Convention: Discussion (see formal agenda).
2. Informal Briefings First tionday of the Month:
Discussion
3. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend George T. Stallings, Th.D.
Pastor
First Colonial Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL.
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of August 8, 1983.
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 bv one motion 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 designating one voting delegate and one
alternate voting delegate to represent the City of
Virginia Beach at the 1983 Virginia Municipal
League Convention.
2. Resolution requesting the Mayor to send a letter to
the members of the Commission studying Virginia's
Industrial Development and Revenue Bond Act and to
our representatives in the General Assembly of
Virginia and the Congress of the United States
conveying Council's concerns pertaining to industrial
revenue bonds and the federal and state legislation
governing their use.
3. Ordinance to authorize the City Manager to execute
an agreement for the purchase of computer mapping
equipment and transfer funds of $23,268 to provide
training on the proposed equipment.
4. Ordinance to authorize a temporary encroachment
into a portion of the ri@.ht-of-way of the eastern
end of 74th Street and Ocean Avenue to Mr. Robert H.
Bennett, his heirs, assigns and successors in title.
5. Ordinance appointing viewers in the petition of
Hudgins and Associates, Inc., for the closure of a
portion of an unnamed 30-foot street (Lynnhaven
Borough).
6. Ordinance appointing viewers in the petition of
Hudgins and Associates, Inc., for the closure of
a portion of Goose Landing (Lynnhaven Borough).
7. Proposals have been received for the lease/purchase
of word processing equipment for the Department of
Public Utilities. Southern National Leasing offers
the most favorable financing proposal with twenty
quarterly payments in arrears at an annual interest
rate of 9.25%. Authorization is requested by the
City Manager to enter into the necessary agreements
for the lease/purchase of this equipment.
ITEM II FORMAL SESSION (Cont'd)
F. PLANNING ITEMS
1. Application of The Christian Reformed Church of
Virginia Beach for a conditional use permit for
a church and related facilities on a 20,473-square
foot parcel located at the southwest corner of
Princess Anne Road and Corner Road (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Connission
for approval.
2. Application of Thomas M. and Lela F. Murphy for
a conditional use permit for a motel addition
(increase of 23 units) on a 25,700-square foot
parcel located at the northeast corner of Pacific
Avenue and 10th Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Comnission
for approval.
3. Application of Robert Epstein for a conditional use
permit for a 60-unit motel on a 21,7 @-square foot
parcel located at the northeast corner of Pacific
Avenue and 7th Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Guy-Dan, Inc., for a conditional use
pemit for a motel (an increase of six units above
allowable density and height increase of nine feet)
on a 34,848-square foot parcel located at the
northeast corner of 21st Street and Arctic Avenue
(Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Pa.u.1. J. and Margaret Vomvouras for
a conditional use permit for a 28-unit condominium
housing for the elderly on a 2.648-acre parcel
located along the west side of Overland Road, north
of Princess Anne Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
6. Application of Flair Associates for a change of zoning
from R-8 Residential District to 0-1 Office District
on a 1.1-acre parcel located along the west side of
Rosemont Road, south of Holland Road (Kempsville Borough).
a. Letter from the City Manager transmits the
reconmendation of the Planning Commission
for denial.
ITEM II. FORMAL SESSION (Cont'd)
F. PLANNING ITEMS (Cont'd)
7. Applications of R. G. Moore for changes of zoning
for five sites situated along the east side of
Indian River Road and south of Lynnhaven Parkway
(Kempsville Borough):
R-5 Residential District to R-8 Residential District
on a parcel containing 98.077 acres;
AND,
R-5 Residential District to A-2 Apartment District
on a parcel containing 3.908 acres;
AliD,
R-5 Residential District to A-2 Apartment District
on a parcel containing 1.134 acres;
AND
R-5 Residential District to R-8 Residential District
on a parcel containing 76.906 acres;
AND
R-5 Residential District to A-1 Apartment District
on a parcel containing 15.153 acres.
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
for denial of all five applications.
S. Application of Heritage Construction Company, Inc.
for a change of zoning from R-6 Residential District
to R-8 Residential District on a 3.59-acre parcel
located along the west of Riddle Avenue, south of
Air Station Drive (Lynnhaven Borough). (This matter
was deferred for one week on August 8, 1983, in order
for the applicant to submit the required agreement to
the City Attorney for review.)
a. Letter from the City Manager transmits the
recommendations of the Planning Commission
for approval.
G. APPOINTMENTS
1. Community Corrections Resource Board.
2. Development Authority.
H. UNFINISiiED BUSINESS
I. NEW BUSINESS
J. ADJOURI*IENT
1. Motion to Adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
BEACH EROSION CONTROL AND HURRICANE PROTECTION PLAN
by
Colonel Ronald E. Hudson
U. S. Army Corps of Engineers
August 15, 1983
11:00 a.m.
Colonel Hudson briefed City Council regarding Beach Erosion Control and
Hurricane Protection Plan for the only "justified" area from Rudee Inlet
to Fort Story.
A Public Hearing on this matter will be held September 7, 1983.
Colonel Hudson anticipates his report by October 1983.
The following were in attendance at the Briefing:
CITY COUNCIL STAFF
To-hn A. Baum Thomas Muehlenbeck, City Manager
Harold Heischober Michael J. Barrett, Assistant
Vice Mayor Barbara M. Henley to the City Manager for
H. Jack Jennings, Jr. Citizen Affairs
W. H. Kitchin, iii Donald Trueblood, City Engineer
Reba S. McClanan James DeBellis, Director,
Meyera E. Oberndorf Economic Development
CITY COUNCIL MINBERS NOT PRESENT
Nancy A. Creech (arrived at 11:30 a.m.)
Mayor Louis R. Jones
Robert C. Jones
J. Henry McCoy, Jr., D.D.S.
N 0 T E: A verbatim transcript of this briefing has been prepared and
is on file in the Office of the City Clerk.
August 15, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 15, 1983
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Vice Mayor Barbara M. Henley in the Conference
Room, City Hall Building, on Monday, August 15, 1983, at Twelve-Thirty
in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Mayor Louis R. Jones
Mayor Jones was in attendance at a meeting of the Governor's Bi-State
Negotiating Team for the purpose of formulating an interstate agreement
between Virginia and North Carolina on various water issues.
August 15, 1983
-2-
ITEM # 20437
Vice Mayor Henley 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 Baum, seconded by Councilman McCoy, Council
voted to proceed into the EXECIJTIVE SESSION following the INFORMAL
SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-3-
M A T T E R S B Y C 0 U N C I L
VIRGINIA MLJNICIPAL LEAGUE ITEM # 20438
Councilman Robert Jones and City Attorney Dale Bimson attended the VML
Legislative Meeting in Richmond August 10, 1983 regarding:
1. Public Procurement Act
2. Contraband Forfeiture Act
3. ABC Profits
4. Roll-Back Taxes
5. Sales Tax Increase (one cent would increase revenue
approximately $275 million)
LCAC ITEM # 20439
Councilman Jennings advised Council of the LCAC Advisory Committee trip
to Panama City, Florida August 10, 1983. The Comraittee is still opposed
to introducing the LCAC program into Virginia Beach
The Committee will be meeting again soon to address the LACV-30 program
and will advise Council of its recommendations.
CITY CODE, SECTTON 38-6 ITEM # 20440
Discussion was held on amendment to City Code, Section 38-6, pertaining
to purchase of certain weapons. It was determined that City Attorney
Dale Bimson would give an update in the Executive Session.
August 15, 1983
-4-
M A T T E R S B Y C 0 U N C I L
(continued)
WORKSHOP/PLANNING CONCERNS ITEM # 20441
Councilman Heischober commented that more attention should be given to
"uses" under the zoning categories such as a commercial venture in an 0-1
category; i.e., personal services. He stated he was not opposed to
commercial businesses in the proper places.
Vice Mayor Henley stated the need to change the wording in the policy
regarding agreements. The City Manager will meet with the City Attorney
on this item.
Councilman Robert Jones questioned the schedule insofar as how an application
arrives at the Planning Commission and is forwarded to Council. The City
Manager will obtain a time schedule for Council.
Councilman Kitchin expressed concern that zoning applications are modified
during the public hearing at the Planning Commission and the administrative
comments/evaluation come to Council based upon the original application
when the recommendation of the Planning Commission reflects the modifications.
Restrictive covenants should not be accepted unless presenled prior to, or
at, the time of the public hearing before the Planning CoTmnission. Nego-
tiations should be discouraged if not reflected by agreement prior to the
Planning Commission's recommendation. The applicant's intent should be
reflected in the original application.
Vice Mayor Henley commented Council should discourage "negotiating".
Councilwoman Creech stated that caution sbould be used where common sense
is applied to CZO matters and that the process should not be made more
cumbersome. Regarding the City's CZO, it has been labeled "the best in
the country".
NATIONAL LEAGUE OF CITIES/
INDUSTRIAL REVENUE BONDS ITEM # 20442
Councilwoman Oberndorf gave a brief report on the National League of Cities
Steering Cormnittee Meeting on Energy, Environment and Natural Resources
which she attended in Alaska August 2-8, 1983. She made particular reference
to Industrial Revenue Bonds and the proposed structure/administration of
TRB programs.
Pages Eight, Nine and Ten of a Memo to All Policy Steering Committees dated
July 27, 1983, are hereby made a part of the record.
In attendance at the Alaska VML Committee Meeting were 30 Committee members.
August 15, 1983
-5-
M A T T E R S B Y C T T Y M A N A G E R
VIRGINIA MUNICIPAL LEAGUE ITEM # 20443
Vice Mayor Henley stated Mayor Jones' willingness to serve as the Voting
Delegate to represent the City of Virginia Beach at the 1983 Virginia
Municipal League Convention to be held in James City County. Vice Mayor
Henley agreed to be the Alternate Voting Delegate. A Resolution to this
effect will be presented in the Formal Session under the Consent Agenda.
INFORMAL BRIEFTNGS/
INFORMAL SESSION ITEM # 20444
After discussion by Council members it was concluded that City Manager
Muehlenbeck will schedule Briefings under emergency conditions whenever
he deems necessary. Regular Briefings are to be held the first Monday of
the month.
Members of Council were requested to advise Mayor Jones of items on which
they desire to speak in the Informal Session in advance of the meeting.
Council is concerned that Formal Sessions are not called to order promptly
as scheduled and too little time is allowed for thorough discussion of
items in Executive Session.
CONSENT AGENDA REVIEW ITEM # 20445
Brief discussion was held on Items 2 and 4 under the Consent Agenda.
See the Formal Agenda for actions by Council.
Vice Mayor Henley questioned Planning Item 8 (application of Heritage
Construction Company, Tnc.), in particular the punctuation and date on
page 4 of the Agreement. See the Formal Agenda for corrections.
RECESS INTO EXECTJTIVE SESSION ITEM # 20446
City Council recessed into EXECUTIVE SESSION at One-Forty in the afternoon.
August 15, 1983
-6-
F 0 R M A L S E S S T 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 15, 1983
2:20 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert C. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Mayor Louis R. Jones
INVOCATION: Reverend George T. Stallings, Th.D.
Pastor
First Colonial Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Jones entered the meeting at 3:15 p.m.
August 15, 1983
-7-
VISITORS - CEREBRAL
PALSY PROGRAM ITIM # 20447
Vice Mayor Henley recognized participants in the Cerebral Palsy Program.
Paula Cleveland is the Director of the Virginia Beach Adult Services -
Cerebral Palsy Program.
August 15, 1983
Item II-D.1
MINUTES ITEM # 20448
Upon motion by Councilman McCoy, seconded by Councilman BaLim, City Council
APPROVED the Minutes of August 8, 1983.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
Mayor Louis R. Jones
Verbal Aye.
Councilwoman Oberndorf was in Alaska August 8, 1983, thus her reason for
abstaining from voting.
August 15, 1983
-9-
ADD-ON
RESOLUTION TTEM # 20449
Vice Mayor Henley accepted, on behalf of the City of Virginia Beach,
a Resolution recognizing the City of Virginia Beach and all its citizens
for continued support of activities undertaken by Disabled American
Veterans, Virginia Beach, Chapter 20.
Presenting the Resolution to Vice Mayor Henley were Robert Shesler,
Commander of DAV, Chapter 20, and Joseph Paul Schrank, Chairman -
Special Services Committee.
Mr. Shesler presented to the following persons (selected by the Awards
Coirmittee) Certificates of Appreciation for Outstanding and Distinguished
Service to the Disabled American Veterans:
Fire Chief Harry Diezel
Police Captain Buzzy
Superintendent of Maintenance, Ralph Ward
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council ADOPTED the Resolution recognizing the City of Virginia Beach
and all its citizens for continued support of activities undertaken by
Disabled American Veterans, Virginia Beach, Chapter 20 (hereby made a
part of the proceedings).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-10-
RESOLUTION RECOGNIZING THE CITY OF VIRGINIA BEACH
AND ALL ITS CITIZENS
FOR CONTINUED SUPPORT OF ACTIVITIES UNDERTAKEN
BY DISABLED AMERICAN VETERANS VIRGINIA BEACH,
CHAPTER 20
WHEREAS, Disabled American Veterans, Virqinia Beach Chapter
20 depends upon the City of Virqinia Beach to support its many pro-
jects; and
WHEREAS, the projects are essential to accomplish the needs
and goals of the Disabled Veteran; and
WHEREAS, the projects include, but are not limited to, the
"Forget Me Not Drive", donations to and sale at the Disabled American
Veterans @rift Store, a scholarship award to all city high schools,
assistance to local nursing homes and Veterans Administration hos-
pitals; and
WHEREAS, Chapter 20 has called upon and received support
from the City of Virginia Beach in its legislative pursuits regarding
tax relief for the disabled, and providing qreater mobility and park-
ing facility for the handicap
,ped veteran; and
WHEREAS, Chapter 20 deemed it proper to recommend to its
State Commander, Disabled American Veterans, Department of Virginia
that the City of Virginia Beach be recognized for their involvement
as above indicated, and
WHEREAS, the State Commander agreed and accepted the recom-
mendation of Chapter 20.
NOW, THEREFORE, BE IT RESOLVED by the Disabled American
Veterans, Department of Virginia, that the City of Virginia Beach be
the first municipality in Virqinia to be recognized for its attitude
and support of the Disabled American Veteran, and that an appropriate
award be made to its governing body.
Given under our hands and seals this Fifteenth day of August, 1983.
Robert Shesler Joseph Paul Schrank
Commander: DAV Chapter 20 Chairman - Special Services
Committee
August 15, 1983
Item II-E
CONSENT AGENDA ITEM # 20450
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED IN ONE MOTION, Items 1, 5, 6 and 7 of the CONSENT AGENDA.
Items 2, 3 and 4 were voted on separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-12-
Item II-E.1
CONSENT AGENDA ITF24 # 20451
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED a Resolution designating one Voting Delegate (MAYOR
LOUIS R. JONES) and one Alternate Voting Delegate (VICE MAYOR BARBARA M.
HENLEY) to represent the City of Virginia Beach at the 1983 Virginia
Municipal League Convention.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-13-
R E S 0 L U T I 0 N
WHEREAS, the Virginia Municipal Leaq,,-c will hold its Annual
Conference in James City County from, September 18 through September 20,
1983, and
WHEREAS, each locality is entitled to one vote on all matters
which come before the Annual Conference Business Session, and
WHEREAS, the names of one voting delegate and one alternate voting
delegate representing the City of Virginia Beach are to be submitted to the
Virginia Municipal League prior to the Annual Conference,
NOW, THEREFORET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that Mayor Louis R. Jones and Vice Mayor
Barbara M. Henley are hereby appointed as voting delegate and
alternate voting delegate, respectively, for the business session of the
1983 Virginia Municipal League Annual Conference.
Adopted by the City Council of the City of Virginia Beach,
Virginia on the 15th day of August 1983.
T
August 15, 1983
-14-
Item II-E.2
CONSENT AGENDA ITEM # 20452
Charles Criswell, representing the Kenstock Civic League, spoke on Industrial
Revenue Bonds and presented a copy of his statement (hereby made a part of
the record).
Upon motion by Councilwoman McClanan, seconded by Councilman Robert Jones,
Council ADOPTED a Resolution requesting Mayor Jones send a letter to
the members of the Commission studying Virginia's Industrial Development
and Revenue Bond Act, our representatives in the General Assembly
of Virginia and the Congress of the United States conveying Council's
concerns pertaining to Industrial Revenue Bonds and the federal and state
legislation governing their use; AND, AMENDED the second page of the pro-
posed letter (deleted the last sentence in the first paragraph) as follows:
"...clearly and narrowly defines their use on a nationwide
basis. If such legislation were enacted, there would be no need
for approval of the bonds by the local governing bodies.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E.
Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-15-
A meeting of the Council of the City of virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 15th day of AUR,st 1983.
On motion by Councilwoman McClanan and seconded
by i. , the following Resolution was
.0"n,ilman R,b,rt .7@n@.q
adopte
R E S 0 L U T I 0 N
WHEREAS, the Tax Equity and Fiscal Responsibility Act
of 1982 (TEFRA) requires the City Council to approve the issuance
of all industrial development revenue bonds (IRB's); and
WHEREAS, the Council believes that TEFRA wrongly
attempts to solve a national problem concerning IRB's at a local
level.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Mayor of the City of Virginia Beach, Virginia,
is hereby requested to send the attached letter conveying
Council's concerns pertaining to IRB's and the Federal and State
legislation governing their use to the members of the Commission
studying Virginia's Industrial Development and Revenue Bond Act
and to our representatives in the General Assembly of the
Commonwealth of Virginia and Congress of the United States.
Adopted by the Council of the City of Virginia Beach,
Virginia, on August 15 1983.
CMS/da
7/11/83
7/29/83
8/8/83
(2)
August 15, 1983
-16-
Cit@@f @ir-ggii:AiEi
J. DALE 8IMSON MUNICIPAL. CENTER
CITY ATTORNEY @IRGI.IA BEACH. VIRGINIA 234SG-9002
16041 427-4531
August 1983
Dear 9.
The Council of the City of Virginia Beach, Virginia, has by
Resolution adopted August 1, 1983, asked me, as their Mayor, to
inform you of Council's concerns pertaining to industrial
development revenue bonds (IRB's) and the Federal legislation
governing their use. Council is concerned that the tremendous
surge of IRB's into the municipal bond market has and will
continue to drive up interest rates and thereby the cost of
municipal borrowing. Our citizens who must bear this added cost
are thereby being required to subsidize the private development
associated with most IRB'S. Although the new Tax Equity and
Fiscal Responsibility Act of 1982 allows local governing bodies
to disapprove IRB'S, Council feels that this approach is an
ineffective method for resolvinq these problems.
As you are aware, a great deal of controversy has arisen
concerning the types of businesses or projects which should be
financed with IRB'S. There are those who believe that the bonds
should only be used to finance purely industrial projects while
others believe that they should be used to finance any project
not otherwise prohibited by the law.
Our Council believes that this controversy cannot be
resolved at the local level on a project-by-project basis. The
present approval process invites political maneuvering and will
inevitably embroil the local governing body in litigation
concerning the propriety of their decisions. In light of recent
court decisions concerning antitrust laws and given our litigious
society, local governments are certain to face sizable monetary
claims should they refuse to approve a project.
The Council of the City of Virginia Beach feels that the
problems associated with the increased use of IRB's are national
in scope and can only be resolved by federal leqislation which
August 15, 1983
-17-
August 1983
Page 2
clearly and narrowly defines their use on a nationwide basis. If
such legislation were enacted, there would be no need for
approval of the bonds by the local governing bodies. Courratt
rest@ ict-ttrL--usw-of-Tte
the-or-4i.M@ i
On behalf of the City Council of the City of Virginia Beach,
I ask that you support legislation which will address the
concerns set forth in this letter. I thank you on behale of the
City Council of the City of Virqinia Beach for your attention to
this matter and I hope that legislation along the lines suggested
can be enacted in the very near future.
Sincerely yours,
Louis R. Jones
Mayor
August 15, 1983
-18-
Item II-E.3
CONSENT AGENDA ITEM # 20453
Upon motion by Councilman Robert Jones, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to authorize the City Manager to execute
an agreement for the purchase of computer mapping equipment and transfer
funds of $23,268 to provide training on the proposed equipment
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.*, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones and J. Henry McCoy, Jr., D.D.S.
Verbal aye.
August 15, 1983
-19-
AN ORDINANCE TO AUTHORIZE THE
CITY MANAGER TO EXECUTE AN
AGREEMENT FOR THE PURCHASE OF
COMPUTER RAPPING EQUIPMENT AND
TRANSFER FUNDS OF $23,268 TO
PROVIDE TRAINING ON THE
PROPOSED EQUIPMENT
WHEREAS, the Department of Public Works, Mapping Bureau received
approval in the FY84 Operating Budget for the lease/purchase of a
computer mapping system, and
WHEREAS, a request for proposals (RFP) for computer mapping
eqtiipment was prepared and responses were received from these compa@ies, and
WHEREAS, City staff has extensively reviewed the responses and
has indicated that the computer mapping system which best meets the needs
of the Mapping Bureau is offerred by Intergraph at a negotiated price
of $678,878 , and
WHEREAS, training for City personnel on the proposed system is
necessary and is provided free by Intergraph, however, the City
is responsible for the transportation, food and lodging expenses
associated with the training and estimated at $23,268, and
WHEREAS, the Department of Publ'@c Works has the necessary iunds
for the travel expenses by transfer within its budget from the
lease/purchase a6count in the Mapping Bureau since the department will
not be making a full year's lease paymento on the proposed system.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the City Manager is hereby authorized to enter into
an agreement with Intergrapti for the purchase of computer mapping
equipment for the Department of Public Works, Mapping Bureau and that
funds of $23,268 are hereby transferred within the operating budget of
tlie Department of Public Works, Mapping Bureau from lease/purchase
to travel and training to provide for the training necessary on the
proposed system.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Vi,ginia Beach, Virginia on
Fi f r@@nth day of Augusi 1983.
-20-
Item II-E.4
CONSENT AGENDA ITEM # 20454
Jim Kaiser, representing North Virginia Beach Civic League, spoke on this
item.
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council ADOPTED an Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of the eastern end of 74th Street
and Ocean Avenue to Mr. Robert H. Bennett, his heirs, assigns and
successors in title, subject to the following conditions:
1. The owner agrees to remove the encroachment when notified
by the City of Virginia Beach, at no expense to the City.
2. The owner agrees to keep and hold the City free and harm-
less of any liability as a result of this encroachment.
3. The owner agrees that the construction of the walkway
will not alter the conlour of the dune area.
4. The owner agrees that ramps of equal construction will
be installed at each end of the walkway in a manner to
ensure safe ingress and egress. The recommended grade of
the ramps is one inch vertical to twelve inches horizontal.
5. The owner agrees to maintain said encroachment so as not
to become unsightly or hazardous.
6. The owner agrees to construct said encroachment between
the existing City sand fencing (without disturbing it)
which delineates public access to the beach.
7. The owner agrees that said encroachment shall be used
for public access to the beach and shall not be restricted
to tbe use of residents only.
8. This encroa@ent shall not be in effect until an agreement
encompassing the above conditions is executed.
Councilman Heischober asked that for the record the City Attorney state
the difference between this encroacbment and others. City Attorney Bimson
stated this encroachment is one to be used by the public in general; other
encroachments referenced in this instance are for the private use of a
facility in the public ri.ght-of-way.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
w@ H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-21-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF THE EASTFRN END OF 74TH
STREET AND OCEAN AVENUE TO MR. ROBERT H.
BENNETT, HIS HEIRS, ASSIGNS AND
SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of virqinia, 1950, as
amended, Mr. Robert H. Bennett, his heirs, assigns and successors
in title is authorized to construct and maintain a temporary
encroachment into the right-of-way of the eastern end of 74th
Street and Ocean Avenue.
That the temporary encroachment herein authorized is
for the purpose of erectinq and maintaininq a wooden walkway and
that said encroachment shall be erected and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, aliqnment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion
of the City's riqht-of-way known as
the eastern end of 74th Street and Ocean
Avenue, on the certain plat entitled:
"Location of Wooden Walkway Encroachment
paqes 1, 2, 3, 4 and 5," a copy of which
is on file in the Department of Public
Work and to which reference is made for a
more particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Mr. Robert H. Bennett, his heirs, assiqns and
successors in title and that within thirty 30 days after such
notice is qiven, said encroachment shall be removed from the City
right-of-way of the eastern end of 74th Street and Ocean Avenue
and that Mr. Robert H. Bennett, his heirs, assiqns and successors
in title shall bear all costs and expenses of such removal.
August 15, 1983
-22-
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Mr. Robert H. Bennett, his heirs, ass4-qns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its aqents and employees from and aqainst all
claims, damaqes, losses, and expenses includinq reasonable
attorney's fees in case it shall be necessary to file or defend
an action arisinq out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Mr. Robert H. Bennett executes an
agreement with the City of Virqinia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virqinia, on the 15thday of August lo 83
MES/sm
7/2 2/8 3
(29-C)
APPP,o@,r.,,) T'
CITY ATFORNEY
-2-
August 15, 1983
-23-
Item II-E.5
CONSENT AGENDA ITEM # 20455
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance appointing viewers in the petition of
Hudgins and Associates, Inc., for the closure of a portion of an unnamed
30-foot street (Lynnhaven Borough).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-24-
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET, KNOWN AS AN UNNAMED 30 FOOR STREET, AS SHOWN
UPON THAT CERTAIN PLAT ENTITLED, "PLAN OF PROPERTY FOR STREET
CLOSURE BEING A PORTION OF AN UNNAMED AND UNIMPROVED 30' STREET
AS SHOWN ON PLAT OF COL. L. D. STARKES FARM", VIRGINIA BEACH,
VIRGINIA, WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Hudgins and Associates, Inc. , a Virginia
corporation, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of that
street, which are more specifically described as follows:
ALL THAT certain part or portion of an unnamed 30
foot right-of-way located in the City of Virginia
Beach, Virginia, and being shown on that certain
plat entitled "Col. L. D. Starke's Farm" which
said plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 10 at page 15, and
said portion of said unnamed 30 foot street is
more particularly described as follows: Beginning
at a point on the southeasterly side of Marshview
Drive where the southeasterly right-of-way line of
Marshview Drive is intersected by the south-
westerly lot line of Lot 6 as shown on the said
plat of the L. D. Starke Farm recorded in Map Book
10 at page 15, and "from said point of beginning
thence S 401 561 21 E 850.52 feet to a point;
thence S 761 031 21-, E 333.88 feet to a point;
thence S 331 061 54" E 44.04 feet to a point;
thence N 761 031 21" W 375.61 feet to a point;
thence N 40' 561 21" W 860.00 feet to a point on
the southeasterly side of marshview Drive; thence
along the southeasterly side of Marshview Drive N
491 041 28" E 30.00 feet to the point or place of
beginning; said area to be closed being shown on
that certain survey entitled "Plan of Property for
Street Closure Being a Portion of an Unnamed and
Unimproved 301 Street as shown on Plat of Col. L.
D. Starke's Farm."
Said parcel of land being a portion of an unnamed 30 foot
street, as indicated on that certain plat entitled "Plan of
Property For Street Closure Being A Portion Of An Unnamed 301
Street As Shown On Plat Of Col. L. D. Starkes Farm', which plat
August 15, 1983
-25-
is attached hereto and made a part hereof and intended to be
recorded with the ordinance closing the aforesaid streets.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint Viewers as provided by law to view said platted streets
proposed to be closed and to report in writing to the Council on
or before the day of 1983, as to whether in
the opinion of said Viewers, what in convenience, if any, would
result from the discontinuance and closing of the portion of said
streets, as herein reported and described.
3. That on July 21, 1983, and on July 26, 1983, notice of
the presenting of this application was published in the Beacon, a
newspaper of general circulation, in the City of Virginia Beach,
Virginia.
4. That the fee simple owner or contract owner of all land
along and adjacent to and affected by said portion of the platted
street is your Petitioner herein, Hudgins and Associates, a
Virginia corporation, 3701 Pacific Avenue, Virginia Beach,
Virginia.
Respectfully submitted,
HUDGINS AND ASSOCIATES, INC.
By
Liftl6ton C/ Hudgins
2
-26-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Hudgins and Associates, Inc., a Virginia
corporation, has given due and proper notice, in accordance with
the statutes for such cases made and provided that they will on
August 15, 1983, 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, and, and if any, what
inconvenience would result from the discontinuance of the here-
inafter described portion of those certain streets of variable
width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Sc6tt, 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 those portions of those
certain streets of variable width located in the City of Virginia
Beach, Virginia, and more particularly described as follows:
ALL THAT certain part or portion of an unnamed 30 foot
right-of-way located in the City of Virginia Beach,
Virginia, and being shown on that certain plat entitled
"Col. L. D. Starke's Farm" which said plat is duly
recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 10 at
page 15, and said portion of said unnamed 30 foot
street is more particularly described as follows:
Beginning at a point on the southeasterly side of
Marshview Drive where the southeasterly right-of-way
line of Marshview Drive is intersected by the south-
westerly lot line of Lot 6 as shown on the said plat of
the L. D. Starke Farm recorded in Map Book 10 at page
15, and from said point of beginning thence S 400 56t
21" E 850.52 feet to a point; thence S 76- 031 21- E
333.88 feet to a point; thence S 33- 06- 54" E 44.04
August 15, 1983
-27-
feet to a point; thence N 76@ 03' 21" W 375.61 feet to
a point; thence N 40@ 56' 21" W 860.00 feet to a point
on the southeasterly side of Marshview Drive; thence
along the southeasterly side of Marshview Drive N 49@
041 28" E 30.00 feet to the point or place of
beginning; said area to be closed being shown on that
certain survey entitled "Plan of Property for Street
Closure Being a Portion of an Unnamed and Unimproved
301 Street as shown on Plat of Col. L. D. Starke's
Farm."
All the above as shown upon that certain plat entitled
"Plan of Property For Street Closure Being A Portion Of An
Unnamed And Unimproved 301 Street As Shown On Plat Of Col. L. D.
Starkes Farm" which plat is attached hereto and made a part
hereof and intended to be recorded with the ordinance closing the
afore-described streets.
2
August 15, 1983
-28-
Item II-E.6
CONSENT AGENDA ITEM # 20456
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance appointing viewers in the petition of
Hudgins and Associates, Inc., for the closure of a portion of Goose
Landing (Lynnhaven Borough).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-29-
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THAT CERTAIN STREET, KNOWN AS GOOSE LANDING FORMERLY KIIOIQN AS
EIGHTH STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAN OF
PROPERTY PROPOSED STREET CLOSURE STREET LYING SOUTH OF BLOCK 18
SALT IIARSH POINT", VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS
ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Hudgins and Associates, Inc. , a Virginia
corporation, respectfully represents as follows:
1. That pursuant to the provisions of Section 15. 1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of that
street, which are more specifically described as follows:
ALL THAT certain part or portion of Goose Landing,
formerly known as Eighth Street, situat6 in the City of
Virginia Beach, Virginia, and more particularly
described as follows: Beginning at the
southwestern corner of Lot A as shown on that
certain plat entitled "Resubdivision of Lots 1 thru 19
and 40 thru 52, Block 18, Lakeview" which said plat is
duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map
Book 142, at page 37; from said point of beginning S
561 081 1711 W 59.69 feet to a point; thence alolig the
southerly side of Goose Landing S 671 021 4511 E 368.9'2
feet to a point; thence N 221 571 15" E 50 feet to a
point; thence N 671 021 45" W 336.22 feet to the point
or place of beginning. Said area to be closed more
particularly shown on that certain survey entitled
"Plan of Property Proposed Street Closure Street
Lying South of Block 18 Salt Marsh Point".
Said parcel of land being a portion of Goose Landing
formerly known as Eighth Street, as indicated on that certain
plat entitled "Plan of Property Proposed Street Closure Street
Lying South of Block 18 Salt Marsh Point", which plat is attached
hereto and made a part hereof and intended to be recorded with
the Ordinance closing the aforesaid streets.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petitioner prays that this Honorable Council
August 15, 1983
-30-
appoint Viewers as provided by law to view sa"d platted streets
proposed to be closed and to report in writing to the Council on
or before the day of , 1983, as to whether in
the opinion of said Viewers, what in convenience, if any, would
result from the discontinuance and closing of the portion of said
streets, as herein reported and described.
3. That on July 21, 1983, and on July 26, 1983, notice of
the presenting of this application was published in the Beacon, a
newspaper of general circulation, in the City of Virginia Beach,
Virginia.
4. That the fee simple owner or contract owner of all land
alonq and adjacent to and affected by said portion of the platted
street is your Petitioner herein, Hudgins and Associates, a
Virginia corporation, 3 70 1Pacific Avenue, Virginia Beach,
Virginia.
Respectfully submitted,
HUDGINS AND ASSOCIATES, INC.
By
Littl ton C. Hudgins
August 15, 1983
2
-31-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Hudgins and Associates, Inc., a Virginia
corporation, has given due and proper notice, in accordance with
the statutes for such cases made and provided that they will on
August 15, 1983, 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, and, and if any, what
inconvenience would result from the discontinuance of the here-
inafter described portion of those certain streets of variable
width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAIIIED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott I
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 those portions of those
certain streets of variable width located in the City of Virginia
Beach, Virginia, and more particularly described as follows:
ALL THAT certain part or portion of Goose Landing,
formerly known as Eighth Street, situate in the City of
Virginia Beach, Virginia, and inore particularly
described as follows: Beginning at the southwestern
corner of Lot A as shown on that certain plat entitled
"Resubdivision of Lots I thru 19 and 40 thru 52, Block
18, Lakeview" which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 142, at page 37;
from said point of beginning S 56@ 081 17" W 59.69 feet
to a point; thence along the southerly side of Goose
Landing S 671 021 45" E 368.92 feet to a point; thence
N 22* 57' 15" E 50 feet to a point; thence N 671 02,
4511 W 336.22 feet to the point or place of beginning.
Said area to be closed more particularly shown on that
certain survey entitled "Plan of Property Proposed
Street Closure Street Lying South of Block 18 Salt
Marsh Point".
August 15, 1983
-32-
All the above as shown upon that certain plat entitled
"Plan of Property Proposed Street Closure Street Lying South of
Block 18 Salt Marsh Point" which plat is attached hereto and made
a part hereof and intended to be recorded with the ordinance
closing the afore-described streets.
- 2 -
August 15, 1983
-33-
Item II-E.7
CONSENT AGENDA ITEM # 20457
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council APPROVED authorization for the City Manager to enter into the
necessary agreements for the lease/purchase of word processing equipment
for the Department of Public Utilities.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-34-
Item II-F.1
PLANNING ITEM ITEM # 20458
William Ribbens represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of CHRISTIAN REFORMED CHURCH
OF VIRGINIA BEACH for a Conditional Use Permit as follows:
ORDINANCE UPON APPLICATTON OF CHRISTIAN REFORMED
CHURCH OF VIRGTNIA BEACH FOR A CONDITTONAL USE
PERMIT FOR A CHURCH AND RELATED FACILITTES R0883567
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINLA:
Ordinance upon application of Christian Reformed
Church of Virginia Beach for a Conditional Use
Pe=it for a church and related fac-ilities on
certain property located at the southwest corner
of Princess Anne Road and Corner Road, running a
distance of 151.04 feet along the west side of
Princess Anne Road, running a distance of 100 feet
more or less in a westerly direction, running a
distance of 13.45 feet in a northwesterly direction,
running a distance of 37.17 feet in a southwesterly
direction, running a distance of 157.11 feet along
the western property line, running a distance of
114.49 feet along the south side of Corner Road
and running around a curve a distance of 26.15
feet. Said parcel contains 20,473 square feet.
KEMPSVILLE BOROUGH.
The following may be required by the staff:
1. City water and sewer.
2. Approval of a variance from the three-acre minimum lot size
requirement since the previous variance was limited to a
two-year time period.
3. Limited to a two-year time period.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of August, Nineteen Hundred, Eighty-Three.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert C. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones
August 15, 1983
-35-
Item II-F.2
PLANNING ITEM ITEM # 20459
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of THOMAS M. AND LELA F. MURPHY for
a Conditional Use Permit for a Motel addition. subject to adding a second
condition, per the following:
ORDINANCE UPON APPLICATION OF THOMAS M. AND LELA F.
MURPHY FOR A CONDITIONAL USE PERMIT FOR A MOTEL
ADDITION R0883568
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGLNIA BEACH, VIRGINIA:
Ordinance upon application of Thomas M. and Lela F.
Murphy for a Conditional Use Permit for a motel
addition (increase of 23 units) on certain property
located at the northeast corner of Pacific Avenue
and 10th Street on Lots 5, 6 and 9, Block 11,
Virginia Beach Development Corp. Said parcel con-
tains 25,700 square feet. VIRGINIA BEACH BOROUGH.
The following may be required by the staff:
1. Required parking shall be on-site.
The following is required: (ADDED)
1. Strict adherence will be given to the Site Plan as submitted by
the applicant and no variances to the BZA will be needed for
any reason,
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of August, N
L ineteen Eundred, Eighty-Three.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Louis R. Jones (entered meeting at 3:12 p.m.)
August 15, 1983
-36-
Item II-F.3
PLANNING ITEM TTEM # 20460
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of ROBERT EPSTEIN for a
Conditional Use Permit, subject to adding a fourth condition, as follows:
ORDINANCE UPON APPLICATION OF ROBERT EPSTEIN FOR
A CONDITIONAL USE PERMIT FOR A 60-UNIT MOTEL R0883569
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA:
Ordinance upon application of Robert Epstein for a
Conditional Use Permit for a 60-unit motel on
certain property located at the northeast corner of
Pacific Avenue and 7th Street, running a distance
of 145 feet along the east side of Pacific Avenue,
running a di.stance of 150 feet along the northern
property line, running a distance of 145 feet along the
eastern property line and running a distance of 150
feet along the north side of 7th Street. Said parcel
contains 21,750 square feet. VIRGINIA BEACH BOROUGH.
The following may be required by the staff:
1. City water and sewer.
2. Required parking shall be on-site.
3. Height limit not to exceed 94 feet.
The following is required: (ADDED)
1. Strict adherence will be given to the Site Plan as submitted
by the applicant and no variances to the BZA will be needed
for any reason.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of August, Nineteen Hundr
@ed, @i hty-Three
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Counci.1 Members Voting Nay:
None
Council Members Absent:
None
August 15, 1983
-37-
Item II-F.4
PLANNING ITEM ITEM # 20461
Douglas Talbot represented the applicant.
Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City
Council voted to ADOPT an Ordinance upon application of GUY-DAN, INC. for
a Conditional Use Permit for a motel, subject to adding a third condition
per the following:
ORDINANCE UPON APPLICATION OF GUY-DAN, INC. FOR A
CONDITIONAL USE PERMIT FOR A MOTEL R0883570
BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Guy-Dan, Inc. for a
Conditional Use Permit for a motel (an increase of
6 units above allowable density and height increase
of 9 feet) on certain property located at the north-
east corner of 21st Street and Arctic Avenue, run-
ning a distance of 200 feet along the north side
of 21st Street, running a distance of 140 feet in
a northerly direction, running a distance of 50
feet in a westerly direction, running a distance
of 140 feet in a northerly direclion, running
a distance of 50 feet along the south side of 22nd
Street, running a distance of 140 feet in a southerly
direction, running a distance of 100 feet in a
westerly direction and running a distance of 140
feet along the east side of Arctic Avenue. Property
is located at 315 21st Street and contains 34,848
square feet. VIRGINIA BEACH BOROIJGH,
The following may be required by the staff:
1. City water and sewer.
2@ All required parki,ng shall be on-site.
The following is required: (ADDED)
1. Strict adherence will be given to the Site Plan as submitted
by the applicant and no variances to the BZA will be needed
for any reason.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of August, Nineteen Hundred, Eighty-Three.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
August 15, 1983
-38-
Item TI-F.5
PLANNING ITEM ITEM # 20462
Mrs. Paul J. Vomvouras represented herself.
In opposition were:
Moody Stallings, Attorney, redresenting Dr. Ben Ward, presented petitions
which are hereby made a part of the record.
Bob Dillman represented his neighbors.
Rae LeSesne represented himself and presented a map showing areas prone to
flooding (hereby made a part of the record).
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of PAUL J. AND MARGARET VONVOURAS
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATTON OF PAUL J. AND MARGARET
VOMVOURAS FOR A CONDITIONAL USE PERMIT FOR A 28-
UNTT CONDOMINIUM HOUSING FOR THE ELDERLY
Ordinance upon application of Paul J. and Margaret
Vomvouras for a Conditional Use Permit for a 28-unit
condominium housing for the elderly on certain
property located on the west side of Overland Road
beginning at a point 484 feet north of Princess Anne
Road, running a distance of 30.07 feet along the
west side of Overland Road, running a distance of
430.53 feet in a westerly direction, running a dis-
tance of 223.89 feet in a northerly direction, running
a distance of 325.13 feet along the northern pro-
perty line, running a distance of 492.10 feet along
the western property line, running a distance of
73 feet in a northeasterly direction, running a
distance of 42.50 feet in a southeasterly direction,
running a distance of 43 feet in a northeasterly
direction, runriing a distance of 120.07 feet in an
easterly direction, running a distance of 195.50
feet in a northeasterly direction, running a dis-
tance of 48.90 feet in a nortberly direction, and
running a distance of 312.31 feet in an easterly
direction. Said parcel is located at 325 Overland
Road and contains 3.648 acres. KEMPSVILLE BOROUGH.
Voting: 11-0
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,
Robert G. lones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
August 15, 1983
-39-
Item 11-F.6
PLANNING ITEM ITEM # 20463
Joe Wharton, Langley and McDonald, represented the applicant.
Bert Reavis represented Flair Associates, the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of FLAIR ASSOCIATES for a
Change of Zoning from R-8 to 0-1 per the following:
ORDINANCE UPON APPLICATION OF FLAIR ASSOCIATES
FOR A CHANGE OF ZONING FROM R-8 TO 0-1
Ordinance upon application of Flair Associates
for a Change of Zoning District Classification
from R-8 Residential District to 0-1 Office Dis-
trict on the west side of Rosemont Road, 1000 feet
more or less south of Holland Road on Lots 30, 31
and 23, Block A, Chimney Hill. Said parcel con-
tains 1.1 acres. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Heriley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 15, 1983
-40-
Item II-F.7
PLANNING ITEM ITE24 # 20464
Attorney Grover Wright represented the applicant.
Claude Bouvier, President, Rosemont Forest Civic League, presented petitions
in behalf of the applicant.
Jim Powell, President, Lake Christopher Homeowners Association, represented
opposition to the application.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED, subject to conditions outlined, Ordinances upon
application of R. G. MOORE for Changes of Zoning for five (5) sites
per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A
CRANGE OF ZONING FROM R-5 TO R-8 Z0883738
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore for a
Change of Zoni@g District C a sification from R-5
Residential District to R-8 Residential District on
certain property located on the east side of Indian
River Road beginning at a point 3100 feet more or
less south of Lynnhaven Parkway, running a dis-
tance of 424.27 feet along the east side of Indian
River Road, running a distance of 4600 feet more or
less along the southern property line, running
a distance of 1020 feet along the eastern property
line and running a distance of 4820 feet along the
northern property line. Said parcel contains 98.077
acres. KEMPSVILLE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A
CHANGE OF ZONING FROM R-5 TO A-2 Z0883739
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGLNIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore for a
ChAng6 of Zoning District Classification from R-5
Residential District to A-2 Apartment District on
certain property located on the east side of Indian
River Road beginning at a point 1350 feet south of
Lynnhaven Parkway, running a distance of 510.69
feet along the east side of Indian River Road,
running a distance of 323.28 feet along the southern
property line, running a distance of 539.90 feet
along the eastern property line and running a dis-
tance of 289.37 feet along the northern property line.
Said parcel contains 3.908 acres. KEMPSVILLE BOROUGH.
AND,
August 15, 1983
-41-
Item IT-F.7
PLANNING ITEM ITEM # 20464 (continued)
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A
CHANGE OF ZONING FROM R-5 TO A-2 Z0883740
Ordinance upon application of R. G. Moore for a
Change of Zoning District Classification from R-5
Residential District to A-2 Apartment District on
certain property located on the east side of Indian
River Road beginning at a point 1250 feet south of
Lynnhaven Parkway, running a distance of 100 feet
along the east side of Indian River Road, running
a distance of 289.37 feet along the southern pro-
perty line, running a distance of 291.21 feet in a
nortbwesterly direction and running a distance of
236.38 feet in a southwesterly direction. Said
parcel contains 1.134 acres. KEMPSVILLE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF R. C. MOORE FOR A
CHANGE OF ZONING FROM R-5 TO R-8 Z0883741
Ordinance upon application of R. G. Moore for a
@aage o@ onin@DiLri@ct@l s@sitication from R-5
Residential District to R-8 Residential District
on certain property located 280 feet east of Indian
River Road beginning at a point 1350 feet more or
less south of Lynnhaven Parkway, running a distance
of 1484.99 feet in a northeasterly direction,
running a di.stance of 257.77 feet in a southerly
direction, running a distance of 1537.40 feet in
a northeasterly direction, running a distance of
1295.32 feet in a southeasterly direction, running
a distance of 1118 feet in a southwesterly direction,
running a distance of 771.88 feet in a northwesterly
direction, running a distance of 1719.21 feet in a
southwesterly direction, running a distance of
1343.95 feet in a westerly direction and running
a distance of 1748.73 feet in a northwesterly
direction. Said parcel contains 76.906 acres.
KEMPSVILLE BOROUGH.
AND,
-42-
Item II-F.7
PLANNING ITIM ITEM # 20464 (continued)
ORDINANCE @N APPLICATION OF R. G. MOORE FOR A
CHANGE OF ZONING FROM R-5 TO A-1 Z0883742
Ordinance upon application of R. C. Moore for a
Change of Zoning District Classification from R-5
Residential District to A-1 Apartment District on
certain property located 1484 feet east of lndian
River Road beginning at a point 1350 feet more or
less south of Lynnhaven Parkway, running a dis-
tance of 1202.67 feet in an easterly direction,
running a distance of 368.61 feet in a northerly
direction, running a distance 321.16 feet in an
easterly direction, running a distance of 757.57
feet in a southerly direction, running a distance
of 1537.40 feet in a southwesterly direction and
running a distance of 257.77 feet in a northerly
direction. Said parcel contains 15.153 acres.
KEMPSVILLE BOROUGH.
When the development plans for this project are reviewed by the staff, the
following may be required:
1. Standard improvements as required by the Site Plan and
Subdivision Ordinances.
2. City water and sewer.
3. Dedication of Indian River Road in accordance with the
alignment on file with the City Engineers' Office.
4. A hydrology study verifying capacity of downstream drainage
systems to handle developed runoff from this site.
5. Left-turn lanes shall be required at each main entrance road
serving the development.
6. The developer shall be responsible for the full cost of
traffic signals to be provided at each main entrance road
to the development.
7. Reduction of the number of units proposed on Parcel B in
order to comply with the density requirements of the A-1
Apartment District zoning category.
Prior to the changing of the official zoning maps, the following conditions
will be met:
1. A 40-foot dedication along the frontage on Indian River Road,
55 feet from the centerline of the old 30-foot right-of-way
to provide for an ultimate 110-foot right-of-way as per the
Master Street and Highway Plan (98.077-acre parcel).
August 15, 1983
-43-
Item II-F.7
PLANNING ITEM ITEM # 20464 (continued)
2. A 10-foot dedication along the frontage on Indian River Road,
25 feet from the centerline of the old 30-foot right-of-way
to provide for a 50-foot standard right-of-way. Note: Indian
River Road is to be relocated along the eastern property line
of this site and will be a 110-foot right-of-way as per the
Master Street and Highway Plan (3.908 and 1.134-acre parcels).
3. A 110-foot dedication along the western edge of this site
for the proposed relocation of Indian River Road and a 60-foot
dedication along the eastern portion of this site for the pro-
posed right-of-way of Pleasant Valley Road (76.906-acre parcel).
4. A 60-foot dedication along the eastern portion of this site
for the proposed right-of-way of Pleasant Valley Road
(15.153-acre parcel).
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of @u@st, Nineteen Hundred, Eight@Three.
Voting: 6-5
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert C. Jones, J. Heiiry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, W. H. Kitchin, Ill,
Reba S. McClanan, Meyera E. Oberndorf
Council Members Absent:
None
August 15, 1983