SEPTEMBER 12, 1983 MINUTES
Cit@ c3f
,,WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOIII@S R. ]ONES, B.y@,d, 8 .... gb
VICE-MAYUR 13ARBARA M. HENLEY. P..g. B .... gh
JOIfN A. RAI)M. Iillk--ill 8---gh
NANCY A. (.REFC)f. At L.,g.
IIAROLI) IIEINI:Iio#JER. At L.19-
Ii. IA(:kiENNIN(;S, JR.. Ly..b.... B...gb
ROIIERT (;. JUNES, A, L.,g,
W. Ii. KITCIFIN, lit. V"gi.l. 8--@b
REIIA S, M, CI.ANAN. A@,, B.@.gb 212 CITY IIALL
1. IFENRY M,I,Oy. JR., B .... gh MONICIPAI@ (.EIYTER
MFYERA E. OIIERMOORF. At L.1g, VIRGINIA REACII. VIRGINIA 21416
RUTIF 110I)GE8 SMITII. CMC. CitY Cillk i 804) 427-4101
CITY COUNCIL AGENDA
September 12, 1983
Briefing: 11:00 a.m. - Back Bay Study Committee to meet with
Council regarding Back Bay Watershed
Management Plan.
ITEM I INFOPIIAL SESSION: 12:30 a.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS.
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
a. The Setting of Budget Policy and
Priorities (Proposed).
E. CITY IIANAGER'S AD14INISTRATIVE ITEMS:
1. Appointment of Voting Delegate and Alternate Voting
Delegate for 1983 Annual Congress of Cities (see
Formal Agenda).
2. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Loren W. Gould
Pastor
Tidewater Central Church of The Nazarene
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 September 6, 1983.
E. PRESENTATION
1. Proclamation
a. Kiss Your Baby Week/National Cystic Fibrosis Week
(September 18 - 24, 1983)
2. Resolutions in Recognition
a. Life Saving Event - Matthew Kitchin and
Clinton Crosby
b. Forty Years Employment City of Virginia Beach -
Percy Bly
F. RESOLUTIONS
1. Resolution requesting our Congressional Representatives
Senator John W. Warner, Senator Paul Trible, and
Congressman G. William Whitehurst - to interevene on
behalf of the City to accomplish several objectives
in regard to the Army's Air Cushion Landing Craft.
2cts Resolution concerning the petition of Edwin S. Brock
and Others for a change of zoning from R-1 One Family
Residence to Conditional R-4 Multiple Residence on
property on the west side of Newtown Road in Norfolk.
The area proposed for change abuts the Virginia Beach
city line. The Norfolk city Council is urged to care-
fully consider the traffic impact and other impacts
upon the adjacent residential neighborhood in Virginia
Beach.
3. Industrial Revenue Bonds
a. Resoluticnapproving the Issuance of Industrial Devel-
opment Revenue Bonds for Basic Blocks, Inc. ($500,000).
b. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds to Bonney Road Hotel, Inc. ($6,500,000)
C. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds to Breeden Development Corporation
Facility ($6,000,000).
d. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds to First One Ass,,ciates ($535,000).
e. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds for Kempsville Corner Associates
($1,000,000).
TTEM II F. RESOLUTIONS (Cont'd)
3. Industrial Revenue Bonds (Cont'd)
f. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds for Marc Jacobson ($625,000).
g. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds for Oceanside Investment Associates
($8,000,000).
h. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds to Oliver Key Joyner, Jr. ($2,500,000).
i. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds to Taylor-Jordan Associates
($750,000).
J. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds for WWEM Associates ($1,000,000)
k. Resolution approving the Issuance of Industrial Devel-
opment Revenue Bonds for William-Robert and Company
($400,000).
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There 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 in Recognition of Matthew Kitchin and Clinton
Crosby for the saving of another citizen's life (Tommy Cole)
on August 21, 1983.
2. Resolution in Recognition of forty years of employment with
the City of Virginia Beach to Percy Bly.
3. Resolution designating the Voting and Alternate Voting De-
legates for the 1983 Annual Congress of Cities November
26-30, 1983, in New Orleans, Louisiana.
4. Ordinance, on SECOND READING, to appropriate funds of
$3,529,130 for City of Virginia Beach School Programs
funded by special Categorical Grants for school year
1983-84. (Public Hearing was held August 22, 1983).
5. Ordinance, on SECOND READING, to accept grants of
$177,147 from State Aid to Public Libraries and $8,453
from Federal Aid to Public Libraries and to appropriate
these funds.
6. Ordinance, on SECOND READING, to accept a Federal Grant
of $30,188 to aid the unemployed and to appropriate these
funds.
7. Ordinance, on SECOND READING, to appropriate $2,403,529
for Fiscal Year 1984 for the payment of purchase orders
brought forward from Fiscal 1983.
8. Ordinance, on SECOND READING, to accept $740,000 from the
Department of Housing and Urban Development and to appro-
priate these funds for certain projects and purposes.
ITEM II G. CONSENT AGENDA (Cont'd)
9. Ordinance to Transfer Funds of $70,000 from the Water
and Sewer Fund to the Water and Sewer Capital Projects
Fund for Cavalier/Linkhorn Park Sewer Study.
10. Ordinance to Authorize a Temporary Encroachment into a
portion of the Right-of-Way of Birdneck Lane to Holiday
Lake Company, its assigns and successors in title.
H. PLANNING
1. Application of Charlemagne Associates, Inc. for the va-
cation of a five-foot and ten-foot public pedestrian
access easement along and adjacent to portions 22, 23,
and 24, Lot E; portions 33 and 34, Lot F; and portion
35, Lot G of The Landings. This site consists of The
Landings condominium development and is located along
the north side of Shore Drive, west of Croix Drive
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation from the Planning Commission
for denial.
2. Application of John V. Hanks, Jr., for a variance to
Section 4.4(b) of the Subdivision Ordinance which re-
quires that lot dimensions conform to the Comprebensive
Zoning Ordinance. He wishes to subdivide a nine-acre
parcel, located on the west side of Blackwater Road,
south of Old Carolina Lane, into two lots - one of which
will be in a flag lot configuration (Blackwater Borough).
a. Letter from the City Manager transmits the
recomendation from the Planning Commission
for denial.
3. Application of Abraham Ailon and Dianne C. Ailon for
a variance to Section 4.4(b) of the Subdivision Ordinance
which requires that each lot created through subdivision
conform to the Comprehensive Zoning Ordinance. They wish
to subdivide a 9.96-acre site, located on the west side
of New Bridge Road, north of Indian River Road, into two
parcels (Princess Anne Borough). Parcel B-1 will total
5.11 acres, while Parcel B-2 will total 4.85 acres. Both
lots propose a lot width of ten feet with a subsequent
combined 20-foot common ingress/egress easement over the
proposed drive entrances.
a. Letter from the City Manager transmits NO
recommendation from the Planning Commission
as there was a tie vote of six for and six
against the Motion to Approve.
4. Application of Alan Turner for a conditional use permit
for twelve motel units on a 4,500-square foot parcel lo-
cated at the southwest corner of 26th Street and Pacific
Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation from the Planning Commission
for denial.
5. Application of International Parkway Investment Properties,
Inc., Seven D Corporation, and Seven A Corporation for a
change of zoning from B-3 General-Business District to B-4
Resort-Commercial District on a 9.159-acre parcel located
along the south side of Virginia Beach Boulevard, east of
Beasley Drive (Bayside Borough). (This matter was deferred
for one week on September 6, 1983.)
a. Letter frcym the City Manager transmits the
recommendation frotn the Planning Commission
ITEM 11 H. PLANNING (Cont'd)
6. Application of Breeden Development Corpora tion, a Vir-
ginia Corporati n for a change of zoning from B-2
Community-Business Distr c@t to A-2 Apartment District
on a 13.928-acre parcel located west of Holland Road,
south of Rosemont Road (Princess Anne Borough). (This
matter wds deferred for one week on September 6, 1983.)
a. Letter from the City Manager transmits the
recommendation from the Planning Commission
for approval.
7. Applications of Landstown Meadows Associates for clianges
of zoning:
a. From AG-2 Agricultural District to B-2 Community-
Business District. East side of Princess Anne Road/
South of Landstown Road. (Princess Anne Borough 3.1 ac.)
1. Letter from the City Manager transmits
the recommendation from the Planning
Commission for denial.
b. From AG-1 Agricultural District to R-8 Residential
District. West of Holland Road/South of Landstown
Road. (Princess Anne Borough 84.2 ac.)
C. From AG-2 Agricultural District to R-8 Residential
District. (2 Parcels) East side of Princess Anne
Road West side of Holland Road. (Princess Anne Bor. 11.4 a@
d. From R-8 Residential District to PD-H 2 Planned Unit
Development District. East side of Princess Anne Road/
South of Landstown Road. (Princess Anne Borough 95.6 ac.)
e. From R-8 Residential District to P-1 Preservation
District (2 Parcels) West of Holland RoTd/Eas-t of
Princess Anne Road. (Princess Anne Borough 4.9 ac.)
2. Letter from the City Manager transmits
the recomnendation from the Planning
Commission approval.
1. APPOINTMENTS
1. Community Corrections Resource Board
2. Development Authority
3. Pendleton Project Managemert Board
4. Hampton Roads Air Pollution Control District
5. Historical Review Board
6. Mosquito Control Commission
7. Personnel Board
8. Plumbing and Mechanical Appeals
9. Transportation Safety Commission
10. Wetlands Board
J. UNFINISHED BUSINESS
ITEM II K. NEW BUSINESS
1. Request of Thomas R. and Joan G. Eckert for a
RECONSIDERATION of a conditional use permit
(approved August 22, 1983) for a four-room
addition to'a school located at the northeast
corner of Shore and Treasurer Island Drive
(Bayside Borough).
L. ADJOURNMENT
1. Motion to Adjourn.
C A N C E L L E D
CITY COUNCIL'S REGULAR MEETING
September 19, 1983
VIRGINIA MUNICIPAL LEAGUE'S 78th ANNUAL MEETING
Septemb,er 18 - 20? 1983
JAMES CITY COUNTY
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
PRELIMINARY FINDINGS
of the
BACK BAY MANAGEMENT PROJECT
September 12, 1983
11:00 a.m.
Mr. Jack Whitney, Chief of Comprehensive Planning, Department of Planning,
stated the Back Bay Management Project began in March and is approximately
60% completed (the field work and analyses are approximately 90% completed).
The remaining work will center around more detailed public participation.
Mayor Jones introduced Mr. Roy Mann, Project Director, Roy Mann Associates,
Inc. Mr. Mann presented background information on the project, stating
the City had directed the Consultants to undertake two activities --
(1) troubleshoot the waters and watershed of Back Bay in order to define
problems eroding the quality of the Bay and its resources; and,
(2) formulate management recommendations that could equip the City and
its citizens with improved means to restore, enhance, and wisely
manage these resources in the future.
Mr. Mann also gave a report on agricultural practices (said report is hereby
made a part of the record).
Mr. Buzz Hausner, Project Manager with Roy Mann Associates, Inc., gave a
report on urban development (said report is hereby made a part of the record).
A report on water quality was presented by Carl Noyes, Associate Project
Manager with Jason M. Cortell and Associates, Tnc. (said report is hereby
made a part of the recard).
A final report on the Back Bay Management Project is anticipated by late Fall.
The following were in attendance at the Briefing:
CITY COUNCIL STAFF
Fohn A. Baum Roy Mann, Project Director, Roy Mann
Harold Heischober Associates, Inc.
Vice Mayor Barbara M. Henley Buzz Hausner, Project Manager, Roy Mann
H. Jack Jennings, Jr. Associates, Inc.
Mayor Louis R. Jones Carl Noyes, Associate Project Manager,
W. H. Kitchin, III Jason M. Cortell and Associates, Inc.
Reba S. McClanan
Meyera E. Oberndorf
Thomas H. Muehlenbeck, City Manager
COUNCIL MF14BERS NOT PRESENT David M. Grochmal, Assistant to the City
Nancy A. Creech Manager for Intergoverrimental Relations
Robert G. Jones Jack Whitney, Chief of Comprehensive Planning
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 12, 1983
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, September 12, 1983, at Twelve-Forty in the
afternoon.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
Councilwoman Creech entered the meeting at 12:45 p.m.
September 12, 1983
-2-
ITEM # 20583
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. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly beld property,
or of plans for the future of an institution which could
affect the value of property owned or desirable for
ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upon motion by Councilman Baum, seconded by Vice Mayor Henley, Council
voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech September 12, 1983
-3-
M A T T E R S B Y T H E M A Y 0 R / V I C E M A Y 0 R
BACK BAY WATERSHED
MANAGFMENT PLAN ITEM # 20584
Vice Mayor Henley stated the Consultants (Roy Mann Associates, Inc.) who
made the presentation on the Back Bay Watershed Management Plan on Monday,
September 12, 1983, had indicated their willingness to conduct a tour of
the site locations of the Back Bay Watershed for Council. It was the
general consensus of Council Members that early October would be an appro-
prate date for the tour.
September 12, 1983
-4-
M A T T E R S B Y C 0 U N C I L
LOW BIDDING PROCEDURE ITEM # 20585
Councilman Robert Jones stated the report on low bidding procedures will be
very helpful.
DENSITIES QUESTIONED ITEM # 20586
Councilman Kitchin stated he had met with businessmen in the Virginia Beach
Borough, as well as with the City Manager and Planning Director, regarding
questions about densities. There are three areas of concern (on which
Planning Director Robert Scott is presently working):
1. H-2 District
2. B-5 District
3. B-5 to H-2 District
Mr. Scott will provide Council with information on this matter next week.
VARIANCES/R-7 DISTRICT ITEM # 20587
Councilman Kitchin had requested City Attorney Dale Bimson draft an
Ordinance pertaining to the nonconforming lots within the R-7 District.
The proposed Ordinance, dated September 8, 1983, was presented to Council
Members. (See Formal Agenda: New Business)
PROPOSED SETTING OF BUDGET
POLICY AND PRIORITIES ITEM # 20588
Councilman Jennings presented his concerns regarding this subject in a
letter dated August 25, 1983, to Council Members. Discussion by Council
Members and the City Manager followed. Mayor Jones and Councilman Jennings
will work with the City Manager on this matter.
September 12, 1983
-5-
M A T T E R S B Y C I T Y M A N A G E R
1983 ANNUAL CONGRESS
OF CITIES/VOTING DELEGATE
AND ALTERNATE VOTING
DELEGATE ITEM # 20589
The National League of Cities will hold its Annual Congress of Cities Conference
November 26-30, 1983, in New Orleans, Louisiana. Each locality was requested
to submit the names of one Voting Delegate and one Alternate Voting Delegate.
By consensus, Council appointed Councilwoman Meyera E. Oberndorf as
VOTING DELEGATE and Councilman Robert G. Jones as ALTERNATE VOTING DELEGATE.
Councilman McCoy also plans to attend.
(See Formal Session under Consent Agenda for the Resolution designating
said Delegates.)
CONSENT AGENDA REVIEW ITEM # 20590
There was no discussion of Consent Agenda items.
September 12, 1983
-6-
RECESS INTO
EXECUTIVE SESSION ITEM # 20591
City Council recessed into EXECUTIVE SESSION at One-Twelve in the afternoon.
September 12, 1983
-7-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCTL
Virginia Beach, Virginia
September 12, 1983
2:25 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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Loren W. Gould
Pastor
Tidewater Central Church of The Nazarene
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
September 12, 1983
-8-
Item II-D.1
MINUTES ITEM # 20592
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED the Minutes of September 6, 1983.
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
Council Members Absent:
None
September 12, 1983
-9-
Item II-E.1
PRESENTATION ITEM # 20593
Mayor Jones read a Proclamation designating the week of September 18-24,
1983:
KISS YOUR BABY WEEK/NATIONAL CYSTIC FIBROSIS WEEK
Presented with the Proclamation were Mrs. Devitta Maderis and her son, Jeremy.
September 12, 1983
-10-
rior
WffREAS, cii,&tic Aib4oA", ;the numbe4 one enetic kitte-t o6
chitditen and qoung adatt,6 in the United Stdte,4! i.6 a ctippling,
debititating @ung and digeative di,6ea,5e; and
WHEREAS, ea4ty diagnoa" and taeatment a4e @'Itiat to p4e-
venting tung damage and tengthening the tive,6 oi tht tho@nd-6 o6
Ame)tican chitd4en who 6u66e4 With ey-6tic Aib)to-6i,6; and
WffREAS, pa4ent,6 can hetp di6cove4 ey-6tic 6ib4o4" bq ki4Ain4
thei4 chitd4en to detect the 6ymptom o6 a,6t4ong.6atty @te o6 t@e
zkin; and
WffREAS, "Ki44 Vou)t Baby (Oeek/Nationdt CY-6tic FibitoA" week",
.6pOnzo4ed by the tocat @pte4A o4 the Cy4tic Fib4o4" Foundation,
iA designed to hetp pa4ent,6 4ecognize the higna o6 eyatic 6ib4o4".
NOW, THEREFORE, 1, Louis R. Jone,6, MaYO4 06 the City 06 ViAginia
Beach, do he4eby p4octaim the week o6 Septembe4 18-24, 1983 aA
KISS VOUR BABV (VEEKINATIONAL CYSTIC FIBROSIS WEEK
and u4ge att citizena to join with me in tea4ning the .6ign.6 oi
cy4tic 6ib4o,6i,6.
September 12, 1983
September 12, 1983
Item II-E.2
PRESENTATION ITEM # 20594
Mayor Jones presented Resolutions in Recognition to MATTHEW KITCHIN and
CLINTON CROSBY for their courageous action which led to the saving of
another citizen's life -- the life of TOMMY COLE.
Present were Tommy Cole and the parents of both young men.
Item II-E.3
PRESENTATION ITEM # 20595
Mayor Jones presented a Resolution in Recognition to PERCY BLY paying tribute
to him for forty (40) years of employment with the City of Virginia Beach.
With Mr. Bly was his wife. Also with Mr. Bly was his brother, Charlie Bly,
who received Council's Resolution in Recognition for forty (4) years of service
with the City on August 9, 1982.
ADD-ON
PRESENTATION ITEM # 20596
Presented to A. M. FOX, JR. by Mayor Jones was a Resolution of Appreciation
recognizing Mr. Fox's service as a member of the Board of Building Code
Appeals from 1972 through August 1983.
September 12, 1983
-12-
Item II-F.1
RESOLUTION ITEM # 20597
Speaking in favor of the Resolution were the following:
David Eckert, President-Elect of the Tidewater Board of Realtors, Inc.,
read a letter dated September 12, 1983 from Board President Lawrence A.
Sancilio to Council Members. Said letter is hereby made a part of the
record.
Members of the Mayor's Air Cushion Vehicle Advisory Committee -- Tom Aiken,
Jim Kaiser, Darlane Payne.
Barbara Welch, resident of Croatan Beach.
Carl Scherrer represented South Rudee Shores Civic League.
A letter dated September 9, 1983 from E. A. Barco was presented to Council and is
hereby made a part of the record.
A motion was made by Councilman McCoy and seconded by Councilman Baum to
DEFER for thirty (30) days, for a report from the Mayor and the Military
Liason Committee, a Resolution requesting our Congressional Representatives
Senator John W. Warner, Senator Paul Trible, and Congressman C. William
Whitehurst -- to intervene on behalf of the City to accomplish several
objectives in regard to the Army's Air Cushion Landing Craft (LACV-30).
Upon SUBSTITUTE MOTION made by Councilman Heischober and seconded by
Councilman Jennings, Council ADOPTED the above stated Resolution.
Voting: 7-4
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara A. Henley,
H. Jack Jennings, Jr., W. H. Kitchin, TII, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Mayor Louis R. Jones, Robert G. Jones and
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
September 12, 1983
-13-
R E S 0 L U T I 0 N
WHEREAS, the U. S. Army has introduced air cushion landing craft, designated
LACV-30, at Fort Story in the City of Virginia Beach and has conducted testing and
training operations here and elsewhere in the Tidewater area; and
WHEREAS, the noise emanating fr(xn this vehicle has already proved to be
a significant problem for citizens and tourists in Virginia Beach, evidenced by
numerous complaints from property owners, local industry, and tourists at hotels and
campgrounds; and
WHEREAS, the Virginia Beach City Council favors a strong national defense;
however, the presence of the LACV-30 is degrading the quality of life in Virginia
Beach by creiting a health and safety hazard and has potential for disrupting and
diminishing the vibrant tourist industry, reducing private property values, and
reducing the City's tax base;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Virginia
Beach hereby requests our duly-elected congressional representatives - Senator John W.
Warner, Senator Paul Trible, and Congressman G. William Whitehurst - to intervene
on behalf of the City of Virginia Beach with the assistance of federal and state
agencies to accomplish the following:
1. Delay construction of facilities at Fort Story designed to
support the LACV-30 until conflicts between the City and
the Army concerning the vehicle have been resolved.
2. Have the Army consider alternative locations for basing the
LACV-30 and for training of associated personnel.
3. Insure that the Army conducts a complete study of the negative
impacts of the LACV-30 which affect the quality of life of
the citizens and industry of Virginia Beach prior to further
expansion of operations. The resultant report is to be
available for review by Virginia Beach officials.
4. Arrange for prompt negotiations between local Army and City
representatives for the purpose of developing interim ground
rules for operation of the LACV-30.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twelfth day of September, Nineteen Hundred, Eighty-Three.
September 12, 1983
-14-
Item II-F.2
RESOLUTION ITEM # 20598
Speaking in favor of the Resolution were:
Charles Field, resident of Newtown Road
L. F. Chiselbrook, resident of South Newtown Road
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council ADOPTED a Resolution concerning the petition of EDWIN S. BROCK
and others for a Change of Zoning from R-1 One Family Residence to Condi-
tional R-4 Multiple Residence on property on the west side of Newtown Road
in Norfolk. The area proposed for change abuts the Virginia Beach City
line. The Norfolk City Council is urged to carefully consider the traffic
impact and other impacts upon the adjacent residential neighborhood in
Virginia Beach.
Voting: 10-0
Council Members Voting Aye;
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
September 12, 1983
-15-
R E S 0 L U T I 0 N
WHEREAS, Edwin S. Brock and Others have petitioned the Norfolk
City Council for a change of zoning from R-1 One Family Residence to Con-
ditional R-4 Multiple Residence on property on the west side of Newtown Road
in Norfolk, and
WHEREAS, this property abuts the Virginia Beach city line; and
WHEREAS, the applicant has proffered that there will be no more
than 200 dwelling units located on the twelve-acre site; and
WHEREAS, the applicant has further proffered that there will be
no vehicular access through the adjacent streets, thereby requiring all
traffic to exit onto Newtown Road; and
WHEREAS, Newtown Road serves as a busy and important collector
street serving the Arrowhead section of Virginia Beach, a single-family
neighborhood; and
WHEREAS, this proposed apartment project has the ability to
generate nearly 2000 vehicle trips per day on Newtown Road in addition to
existing traffic,
NOW THEREFORE BE IT RESOLVED:
That the Norfolk City Council is respectfully urged to consider
very carefully this traffic impact and other impact upon the adjacent
residential neighborhood in Virginia Beach during its deliberation on
this rezoning petition.
Adopted by the Council of the City of Virginia Beach, Virginia,
on September 12, 1983
September 12, 1983
-16-
Item 11-F.3
RESOLUTIONS ITEM # 20599
The City Clerk read a memorandum from the City Attorney dated September 12,
1983, advising that new Resolutions, containing the address of the project,
were submitted in lieu of those contained in Council's Agenda, for seven
of the eleven Bond Issues (indicated by an asterisk).
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED Resolutions approving the Issuance of industrial
Development Revenue Bonds for;
BASIC BLOCKS, INC. * ($ 500,000)
BONNEY ROAD HOTEL, INC.* ($6,500,000)
BREEDEN DEVELOPMENT CORPORATION FACILITY ($6,000,000)
FIRST ONE ASSOCIATES* ($ 535,000)
KEMPSVILLE CORNER ASSOCIATES* ($1,000,000)
MARC JACOBSON ($ 625,000)
OCEANSIDE INVESTMENT ASSOCIATES* ($8,000,000)
OLIVER KEY JOYNER, JR.* ($2,500,000)
TAYLOR-JORDAN ASSOCIATES ($ 750,000)
WWEA ASSOCIATES* ($1,000,000)
WILLIAM-ROBERT AND COMPANY ($ 400,000)
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, 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:
Nancy A. Creech
September 12, 1983
-17-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Basic Blocks, Inc.
Location: West Side of South Birdneck Road
Approx. 1001 South of the Old
Seatack Fire Department
Description of Project: Production and Sale of Concrete Blocks
Amount of Bond Issue: $500,000
Principals: David J. Roland
September 12, 1983
August 8, 1983
BASIC BLOCKS, INC.
CONCRETE BLOCK FACILITY
1. Maximum amount of financing sought $500,000.00
2. Estimated taxable value of the
facility s real property to be
constructed in the municipality 280,000.00
3. Estimated real property tax per
year using present tax rates 2,240.00
4. Estimated personal property tax
per year using present tax rates 490.00
5. Estimated marchant 8 capital tax
per year using present tax rates 520.00
6. Estimated dollar value per year
of goods and services that will
be purchased locally 90,000.00
7. Estimated number of regular
employees on year round basis 12
B. Average annual salary per employee 11,000.00
Authroity Chairman
VIRGINIA BEACH DEVELOPMENT AUTHORITY
September 12, 1983
-19-
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR BASIC BLOCKS, INC.
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application of Basic Blocks,
Inc. (the Company) for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $500,000
(the Bonds) to assist in the financing of the Company's
acquisition, construction, and equipping of a Concrete Block
facility (the Facility) to be located on the west side of South
Birdneck Road approximately 1001 south of the Old Seatack Fire
Department, Virginia Beach, Virginia, and has held a public
hearing thereon on July 12, 1983 and August 9, 1983; and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Basic Blocks, Inc., to
the extent of and as required by Section 103(k) of the Internal
Revenue Code, to permit the Authority to assist in the financing
of the Facility.
September 12, 1983
-20-
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on September 12 1983.
CMS/CJ/da
9/12/8 3
September 12, 1983
-2-
-21-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Bonney Road Hotel, Inc.
Location: Between Bonney Road & Interstate 44
Description of Project: Hotel/motel & Restaurant Facility
Amount of Bond Issue: @6,500,000
Principals: Dennis Economos
Andrew Economos
Nick Economos
September 12, 1983
-22-
1983
FISCAL IMPACT STATEMENT
(Bonney Road Hotel, Inc. Facility)
1. Maximum amount of financing sought $6,500,000.00
2. EStimated taxable value of the
facility's real property to be
constructed in the municipality $5,600,000.00
3. Estimated real property tax per
year using present tax rates $ 44,800.00
4. Estimated personal property tax
per year using present tax rates $ 30,000.00
5. Estimated merchants' capital tax
(also business license, food and
... room tax, etc.) per year using
present tax rates $ 369,623.75
6. Estimated dollar value per year
of goods and services (e.g., food,
beverages, cleaning supplies,
etc.) that will be purchased
locally $2,000,000.00
7. Estimated number of regular
employees on year round basis 75
8. Average annual salary per employee $ 9,333.00
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY OF
VIRGINIA BEACH, VIRGINIA
By
Authority Chairman
mh:a
fis.brh.c
September 12, 1983
-23-
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the _ day of
1983.
On motion by and
seconded by the following reso-
lution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND TO BONNEY ROAD HOTEL, INC.
WHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority) has
considered the application of Bonney Road Hotel, Inc. (the
Purchaser) for the issuance of the Authority's industrial
development revenue bond in an amount estimated at
$6,500,000 (the Bond) to assist in the financing of the
Company's acquisition, construction, furnishing and equip-
ping of a hotel/motel and related restaurant facility (the
Facility) on a 4.403 acre parcel between Bonney Road and
Interstate 44, east of Independence Boulevard in Virginia
Beach, Virginia, and has held a public hearing thereon on
and
WHEREAS, the Authority has requested the City
Council (the Council) of Virginia Beach, Virginia (the City)
to approve the issuance of the Bond to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bond, subject to terms to be
agreed upon and a record of the public hearing has been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Vir@inia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority for the benefit of
Bonney Road Hotel, Inc., to the extent required by Section
103(k) of the Internal Revenue Code, to permit the Authority
to assist in the financing of the Facility.
2. The approval of the issuance of the Bond, as
- 1 - September 12, 1983
r -24-
r
required by Section 103(k), does not constitute an endorse-
ment of the Bond or the creditworthiness of the Purchaser,
but, pursuant to Chapter 643, Virginia Acts of Assembly of
1964, as amended, the Bond shall provide that neither the
City nor the Authority shall be obligated to pay the Bond or
the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither
the faith or credit nor the taxing power of the Common-
wealth, the City, or the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on September 12 1983.
trf.f
m.brh.c
September 12, 1983
2
-25-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Breeden Development corporation
Location: Northeast Corner of Lynnhaven Parkway
and Viking Drive
Description of Project: Multi-Office Building
Amount of Bond Issue: $6,000,000
Principals: Ramon Breeden
September 12, 1983
-26-
July 18, 1983
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
(Breeden Development Corporation FacilityO
Location of Project: Northeast corner of Lynnhaven Parkway and
Viking Drive in Virginia Beach, Virginia
1- M-imum amount of financing sought $ 6,000,000
2. Estimated taxable value of the
Facility's real property to be
constructed in the municipality $ 6,000,000
3. Estimated real property tax per
year using present tax rates $ 26,500
4. Estimated merchants' capital tax
per year using present tax rates $ ioo,ooo
6. Estimated number Of regular
employees on year round basis 250
7. Average annual salary Per employee Between $12,000 to
$15,ooo
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
C airman
September 12, 1983
-27-
A meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Council Chambers, in the Administration Building, on the
22nd day of August, 1983.
On motion by and
seconded by the
following Resolution was adopted.
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
(Breeden Development Corporation Facility)
WHEREAS, the City of Virginia Beach Development Authority (the
"A.thority"), has considered the application of Breeden Development
Corporation, a Virginia corporation, or any corporation or partnership
formed by Ramon F. Breeden, Jr., (the "Company") for the issuance of the
Authority's industrial development revenue bonds in an amount not to
exceed $6,000,000 (the "Bonds") to assist in the financing of the
Company's acquisition of a certain parcel of land located on the northeast
corner of Lynnhaven Parkway and Viking Drive in the City of Virginia
Beach, Virginia, and to construct and equip thereon four office buildings
having a total square footage of approximately 105,975 square feet for
subsequent lease of office space to various commercial tenants (the
"Facility") and has held a public hearing'thereon on August 9, 1983; and
WHEREAS, the Authority has requested the City Council (the "Council")
of Virginia Beach, Virginia (the "City") to approve the issuance of the
Bonds to comply with Section 103(k) of the Internal Revenue Code of
1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the issuance
of the Bonds, subject to terms to be agreed upon, and a record of the
public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of the Company to the extent of and as required
by Section 103(k) of the Internal Revenue Code, to permit the Authority
to assist in the financing of the Facility.
September 12, 1983
-28-
2. The approval of the issuance of the Bonds, as required by
Section 103(k) does not constitute an endorsement of the Bonds or the
creditworthiness of the Company, but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay the Bonds
or the interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
S,pt. 12, 1983.
2
September 12, 1983
-29-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: First One Associates
Location: 2716 Southern Boulevard
Description of Project: Commercial Office Building
Amount of Bond Issue: $535,000
Principals: Mr. Krummell
Mr. Jackson
September 12, 1983
-30-
1983,
FISCAL IMPACT STATEMENT
(First One Associates Facility)
1. maximum amount of financing sought $ 535,000.00
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ 555,000.00
3. Estimated real property tax per
year using present tax rates $ 4,440.00
4. Estimated personal property tax
per year using present tax rates $ 1,650.00*
5. Estimated merchants' capital tax
(e.g. business licenses, etc.)
per year using present tax rates $ 2,500.00*
6. Estimated dollar value per year
of goods and services (including
professional services) that will
be purchased locally $ 300,000.00*
7. Estimated number of regular
employees on year round basis 18*
8. Average annual salary per employee $ 181000.00*
*NOTE: Figures do no include taxes, expenditures, or other
data for prospective tenants other than Krummell &
Jackson Associates.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY OF
VIRGINIA BEACH, VIRGINIA
By
uthority Chairman
mh.a
fis.foa.c
September 12, 1983
-31-
A rneeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the_ day of
1983.
on motion by and
seconded by the following reso-
lution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING
THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BOND TO FIRST ONE ASSOCIATES
WHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority) has
considered the application of FIRST ONE ASSOCIATES, a
Virginia general partnership (the Purchaser) for the
issuance of the Authority's industrial development revenue
bond in an amount not to exceed $535,000.00 (the Bond) to
assist in the financing of the construction of a commercial
office building facility (the Facility) at 2716 Southern
Boulevard in Virginia Beach, Virginia, and has held a public
hearing thereon on 8/9/83 ; and
WHEREAS, the Authority has requested the City
Council (the Council) of Virginia Beach, Virginia (the City)
to approve the issuance of the Bond to comply with Section
103(k) of the internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bond, subject to terms to be
agreed upon and a record of the public hearing has been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority for the benefit of
FIRST ONE ASSOCIATES, to the extent required by Section
103(k) of the internal Revenue Code, to permit the Authority
to assist in the financing of the Facility.
2. The appro,,al of the issuance of the Bond, as
-1 - September 12, 1983
-32-
required by Section 103(k), does not constitute an endorse-
ment of the Bond or the creditworthiness of the Purchaser,
but, pursuant to Chapter 643, Virginia Acts of Assembly of
1964, as amended, the Bond shall provide that neither the
City nor the Authority shall be obligated to pay the Bond or
the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither
the faith or credit nor the taxing power of the Common-
wealth, the City, or the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on September 12 1983.
foa.bond#l
gar.foa.c
-2-
-33-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Kempsville Corner Associates
Location: Southeast Corner of Kempsville and Providence
Road at 5161 and 5165 Providence Road
Description of Project: Two-Story Office Building
Amount of Bond Issue: $1,000,000
Principals: Sanford Lefcoe
jerome Weinstein
W. W. Sachs
I. R. schiff
September 12, 1983
-34-
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
F)ate: August 25, 1983
To the City Council
of Virginia Beach, Virqinia
Applicant: LLE RORNER ASSORIATES
Facility: @ical/Dental Facility
1. maximum amount of financinq souqht s 1,000,000.00
2. Estimated taxahle value of the facilitv$s
real property to be constructed in the
mtjnicipality s 1,000,000.00
3. Estimated real property tax per Year
usinq present tax rates s 6,720.00
4. 1-:stimate(i personal property tax ppr
vear usina present tax rates $ 4,800.00
5. Estimated merchants' capital tax per
year usina present tax rates s ---
6. Estimated dollar vallie per year of qoods
and services that will be ptirchased
locally $ 500,000.00
7. Estimated number of reqular employees on
year round basis $ 26
8. Averaqe annual salary per ernolovee $ 14,000.00
The information contained in this Statement is based solely
on facts and estimates provided hv the Applicant, and the
Authority has made no independent investioation with repect
thereto.
City of Virqinia Beach
Development Authority
Bv
Chairman
September 12, 1983
-35-
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR KEMPSVILLE CORNER ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority
(the Authority), has considered the application of Kempsville
Corner Associates (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
estimated at $1,000,000 (the Bonds) to assist in the financing of
the Company's acquisition, construction, and equipping of a
medical/dental facility (the Facility) to be located at 5161 and
5165 Providence Road, Virginia Beach, Virginia, and has held a
public hearing thereon on August 9, 1983: and
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Kempsville Corner
Associates, to the extent of and as required by Section 103(k) of
the Internal Revenue Code, to permit the Authority to assist in
the financing of the Facility.
September 12, 1983
-36-
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the
Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bonds shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on September 12 198 3.
CMS/CJ/da
9/12/8 3
September 12, 1983
-2-
-37-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Marc Jacobson
Location: 5512 Greenwich Road
Description of Project: Office Building
Amount of Bond Issue: $625,000
Principals: Marc Jacobson
September 12, 1983
-38-
July 19, 1983
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
(Marc Jacobson Facility)
Location of Project: 5512 Gree,,ich Road, Virginia Beach, Virginia
1- Maximum amount of financing sought $ 625,000.oo
2. Estimated taxable value of the
Facility's real property to be
constructed in the municipality $ 750,000.00
3. Estimated real property tax per
year using present tax rates $ 6,000.oo
4. Estimated merchants' capital tax
per year using present tax rates $ 3,500.00
5. Estimated merchants' capital tax
per year using present tax rates $ 7,500.00
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 300,000.oo
7. Estimated number of regular
employees on year round basis 50
B. Average annual salary per employee $ 15,000.00
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
September 12, 1983
-39-
A meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Council Chambers, in the Administration Building, on the
22nd day of August, 1983.
On motion by and
seconded by the
following Resolution was adopted.
RESOLUTION APPROVING THE
TSSUANCE OF INDUSTRLAL DEVELOPMENT REVENUE BONDS
FOR MARC JACOBSON
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority"), has considered the application of Marc Jacobson or any
partnership or corporation formed by him (the "Applicant") for the
issuance of the Authority's industrial development revenue bonds in an
amount not to exceed $625,000 (the "Bonds") to assist in the financing
of the Applicant's construction and equipping of an 18,000 square foot
office building on that certain parcel of land located at 5512 Greenwich
Road in Virginia Beach, Virginia (the "Facility") and has held a public
hearing thereon on August 9, 1983; and
WHEREAS, the Authority has requested the City Council (the "Council")
of Virginia Beach, Virginia (the "City") to approve the issuance of the
Bonds to comply with Section 103(k) of the Internal Revenue Code of
1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a record
of the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of Marc Jacobson or any partner or corporation
formed by him to the extent of and as required by Section 103(k) of the
Internal Revenue Code, to permit the Authority to assist in the financing
of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k) does not constitute an endorsement of the Bonds or the
September 12, 1983
-40-
creditworthiness of the Company, but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay the Bonds
or the inerest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
Sept. 12, 1983.
2
September 12, 1983
-41-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Oceanside Investment Associates
Location: 21st Street and Atlantic Avenue
Description of Project: 150-Unit Hotel Facility
Amount of Bond Issue: $8,000,000
Principals: Thomas J. Lyons, Jr.
Paul J. Epperly
September 12, 1983
-42-
FISCAL IMPACT STATEMENT
(Date)
OCEANSIDE INVESTMENT ASSOCIATES
(Facility)
1. Maximum amount of financing sought $8,000,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $9,500,000
3. Estimated real property tax per year
using present tax rates $ 40,000
4. Estimated personal property tax per
year using present tax rates 10,000
5. Estimated merchants' capital tax per
year using present tax rates 10,000
6. Estimated dollar value per year of
goods and services that will be
purchased locally
7. Estimated number of regular employee;s
on year round basis $ 85
8. Average annual salary per employee $ 9,360
CITY OF VIRGINIA BFACH
DEVELOPMENT AUTHORITY
By
Chairman
September 12, 1983
-43-
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the day of 1983.
On motion by
and seconded by the following
Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPTIENT REVENUE BONDS
FOR OCEANSIDE INVESTMENT ASSOCIATES
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the application
of Oceanside Investment Associates (the Company) for the
issuance of the Authority's industrial development revenue
bonds in an amount not to exceed $8,000,000 (the Bonds) to
assist in the financing of the Company's acquisition,
construction and equipping of a 150 unit hotel with related
facilities constituting 89,000 square feet and to be located
at 21st Street and Atlantic Avenue in Virginia Beach,
Virginia (the Facility), and has held a public hearing
thereon on August 8, 1983; and
WHEREAS, the Authority has requested the City
Council (the Council) of Virginia Beach, Virginia (the City),
to approve the issuance of the Bonds to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended, and
Section 15.1-1378.1 of the Code of Virginia of 1950, as
amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms to be
agreed upon, and a record of the public hearing have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bonds by the City of
Virginia Beach Development Authority for the benefit of the
Company, to the extent of and as required by Section 103(k)
September 12, 1983
-44-
of the Internal Revenue Code and Section 15.1-1378.1 of the
Virginia Code, to permit the Authority to assist in the
financing of the Facility.
2. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the credit-
worthiness of the Company, but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on September 12 , 1983.
September 12, 1983
-2-
-45-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Oliver Key Joyner, Jr.
Location: Ocean Front Avenue at 20th Street
Description of Project: 59-Unit Motel Facility
Amount of Bond Issue: $2,500,000
Principals: Oliver Key Joyner, Jr.
September 12, 1983
-46-
F'SC:'L I"IP-@C-. ST.@':Z:-',ZNT
July
04
Oliver Key Joyner
Applicanc
59 Unit motel Facility to be located on
Ocean Front Avenue at 20th Street,
Virginia Beach
Faciii-ly
MaX 4 U.,
ri In amount a. sought 2,560,000
2. Est4-.,la--ed taxable .ral,-e @ac4lity's
real mromerty to --e ccnstz,-,cteA- -
in the
1,904, 000
3. Est4-,-iated real mr@=e:t,.. tax zer @,ear -,s;rg
present tax rat@s
15 , 23 2
4. Est4-mated personal ta.,c =er year
using present tax rates 3,945
Est4-.-,lated ,ierciants- ca=4-tal tax ner vear
usi-ig oresent tax ra-.es N/A
$
6. Est,@,nated dollar value zer year o! goods and
services tliat will '--e c@rchasea- locally $ 79,000*
7. Estmated n@-era-recular em=lcl.'Ges an
yea; round basis $ 12
8. Average annual salarv per enmloyee $ 5 24 8
Aut an
City of Virqinia Beach Development Authority
Nar, tv
*includes $36,000 of utilities
September 12, 1983
-47-
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the _ day of 1983.
on motion by and seconded by
, the following @esolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO OLIVER KEY JOYNER, JR.
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the
application of Oliver Key Joyner, Jr. for the issuance of the
AUthority's industrial development revenue bond in an amount
estimated at $2,500,000 (the Bond) to assist in the financing of
oliver Key Joyner, Jr.'s acquisition, construction, and equipping
of a hotel facility (the Facility) to be located on the
oceanfront at 20th Street, in the City of Virginia Beach,
Virginia, and has held a public hearing thereon on August 9,
198 3 .
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bond to comply with Section 103(k) of the
Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the AUthority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a
record of the public hearing has been filed with the Clerk of the
Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bond by the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, for the
benefit of Oliver Key Joyner, Jr. (or any business entity in
which Oliver Key Joyner, Jr. is or will be a principal), to the
extent required by Section 103(k) of the Internal Revenue Code,
to permit the Authority to assist in the financing of the
FaciliEy.
-48-
2. The approval of the issuance of the Bond, as required
by Section 103(k), does not constitute an endorsement of the Bond
or the creditworthiness of oliver Key Joyner, Jr., but, as
required by Chapter 643, Virginia Acts of Assembly of 1964, as
amended, the Bond shall provide that neither the City nor the
Authority shall be obligated to pay the Bond or the interest
thereon or the costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on September 12 -, 1983.
September 12, 1983
-2-
-49-
SUMt4ARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Taylor-Jordan Associates
Location: Northwest Corner of Independence
Boulevard and Lynnhaven Parkway
Description of Project: Retail Sales Facility
Amount of Bond Issue: $750,000
Principals: R. Dawson Taylor
James W. Jordan, III
Godwin S. Jordan
September 12, 1983
-50-
July 15, 1983
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
(Taylor-Jordan Associates Facility)
Location of Project: Northwest corner of Independence Boulevard and
Lynnhaven Parkway in Virginia Beach, Virginia
1. Maximum amount of financing sought $ 750,000.00
2. Estimated taxable value of the
Facility's real property to be
constructed in the municipality $ 750,000.00
3. Estimated real property tax per
year using present tax rates $ 5,600.00
4. Estimated personal property tax
per year using present tax rates $ 1,450.00
5. Estimated merchants' capital tax
per year using present tax rates $ 3,000.00
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 200,000.00
7. Estimated number of regular
employees on year round basis 20
8. Average annual salary per employee $ 7,500.00
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
September 12, 1983
-51-
A meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Council Chambers, in the Administration Building, on the
22nd day of August, 1983.
On motion by and
seconded by the
following Resolution was adopted.
RESOLUTION APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
(Taylor-Jordan Associates Facility)
WliEREAS, the City of Virginia Beach Development Authority (the
"Authority"), has considered the application of Taylor-Jordan Associates
(the "Company") for the issuance of the Authority's industrial development
revenue bonds in an amount not to exceed $750,000 (the "Bonds") to
assist in the financing of the Company's acquisition of a certain parcel
of land located on the northwest corner of Independence Boulevard and
Lynnhaven Parkway in the City of Virginia Beach, Virginia, and to
construct and equip thereon a 20,000 square foot retail sales facility
for lease to Fuel, Feed Plaza Home Center, Incorporated t/a Tru-Value
Home Centers of Tidewater (the "Facility") and has held a public hearing
thereon on August 9, 1983; and
WHEREAS, the Authority has requested the City Council (the "Council")
of Virginia Beach, Virginia (the "City") to approve the issuance of the
Bonds to comply with Section 103(k) of the Internal Revenue Code of
1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a record
of the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of Taylor-Johnson Associates to the extent of
and as required by Section 103(k) of the Internal Revenue Code, to
permit the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k) does not constitute an endorsement of the Bonds or the
September 12, 1983
-52-
creditworthiness of the Company, but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay the Bonds
or the interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
S@pt. 12, 1983.
2
September 12, 1983
-53-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: WWEM Associates
Location: 2600 Block of Southern Boulevard
Description of Project: Two-Story, Passive Solar Office Building
Amount of Bond Issue: $1,000,000
Principals: Barbara J. Marshall
John E. Ewald
Sandra A. West
George G. West
-54-
FISCAL IMPACT STATEMENT
(Date)
WWEM ASSOCIATES
(WWEM Associates Facility)
1. Maximum amount of financing sought $1,000,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $1,000,000
3. Estimated real property tax per year
using present tax rates $ 6,400
4. Estimated personal property tax per
year using present tax rates $ 17,500
5. Estimated merchants' capital tax per
year usingx@resent tax rates (business
license ta $ 20,000
6. Estimated dollar value per year of
goods and services that will be
purchased locally $ 250,000
7. Estimated number of regular employees
on year round basis 40
Average annual salary per employee $ 14,000
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
September 12, 1983
-55-
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the day of 1983.
On motion by
and seconded bv the following
Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the application of
WWEM Associates (the Company) for the issuance of the
Authority's industrial development revenue bonds in an amount
not to exceed $1,000,000 (the Bonds) to assist in the
financing of the Company's acquisition, construction and
equipping of a two story, 12,000 square foot, passive solar
office building facility located in the 2600 Block of
Southern Boulevard in Virginia Beach, Virginia, to be owned
and managed by the Company (the Facility), and has held a
public hearing thereon on August 9, 1983; and
WHEREAS, the Authority has requested the City
Council (the Council) of Virginia Beach, Virginia (the City),
to approve the issuance of the Bonds to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended, and
Section 15.1-1378.1 of the Code of Virginia of 1950, as
amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms to be
agreed upon, and a record of the public hearing have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bonds by the City of
Virginia Beach Development Authority for the benefit of the
Comoany, to the extent of and as required by Section 103(k)
September 12, 1983
-56-
of the Internal Revenue Code and Section 15.1-1378.1 of the
Virginia Code, to permit the Authority to assist in the
financing of the Facility.
2. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the credit-
worthiness of the Company, but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Counr-il of the City of Virginia
Beach, Virginia, on September 12 , 1983.
September 12, 1983
-2-
-57-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: William-Robert & Co.
Location: Laskin Road Near the Northeastern Inter-
section of Laskin Road & Cardinal Drive
Description of Project: Office Building
Amount of Bond Issue: $400,000
Principals: W. R. Runnels
Elizabeth M. Runnels
September 12, 1983
-58-
FISCAL IMPACT STATEMENT
July 25, 1983
WILLIAM-ROBERT & CO.
Laskin Road Office Building Facility
1. Maximum amount of financing sought $ 400,000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ 313,000
3. Estimated real property tax per
year using present tax rates $ 3,424
4. Estimated personal property tax
per year using present tax rates $ 2,500
S. Estimated merchants' capital tax
per year using present tax rates unknown
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 250,000
7. Estimated number of regular
employees on year round basis 40
8. Average annual salary per employee $ 23,000
Authority Chairman
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
September 12, 1983
-59-
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the
Administration Building, on the day of 1983.
On motion by and seconded
by the following Resolution was
adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND FOR WILLIAM-ROBERT & CO.
WHEREAS, the City of Virginia Beach Development Authority
of Virginia Beach, Virginia (the Authority), has considered
the application of William-Robert & Co. (the Company) for the
issuance of the Authority's industrial development revenue
bond in an amount not to exceed $400,000 (the Bond) to assist
in the financing of the Company's acquisition, construction,
and equipping of an office building facility containing
approximately 6,300 square feet of space (the Facility)
located on Laskin Road near the northeastern intersection of
Laskin Road and Cardinal Drive (Lot 4, Club Section, Birdneck
Point), in Virginia Beach, Virginia, for lease to Landbank
Equity Corporation and other tenants, and has held a public
hearing thereon on August 9, 1983; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bond to comply with (i) Section
103(k) of the Internal Revenue Code of 1954, as amended (the
Internal Revenue Code) and (ii) Section 15.1-1378.1 of the
Code of Virginia of 1950, as amended (the Virginia Code); and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bond, subject to terms to be agreed upon,
a record of the public hearing and the fiscal impact statement
required by Section 15.1-1378.1 of the Virginia Code have been
filed with the Clerk of the Council;
September 12, 1983
-60-
-2 -
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City approves the issuance
of the Bond by the Authority, for the benefit of the Company,
to the extent required by Section 103(k) of the Internal
Revenue Code and Section 15.1-1378.1 of the Virginia Code, to
permit the Authority to assist in the financing of the
Facility.
2. The approval of the issuance of the Bond, as
required by Section 103(k) of the Internal Revenue Code and
Section 15.1-1378.1 of the Virginia Code, does not constitute
an endorsement of the Bond or the creditworthiness of the
Company, but, as required by Section 12.1 of Chapter 643 of
the 1964 Acts of the General Assembly of Virginia, as amended,
the Bond shall provide that neither the City nor the Authority
shall be obligated to pay the Bond or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on September 12 1983.
CMS/da
1/28/83
(I. 1)
September 12, 1983
Item II-G
CONSENT AGENDA ITEM # 20600
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED IN ONE MOTION Items 1 through 10, including the Add-On,
of the CONSENT AGENDA.
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. Oberndarf
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 1983
-6 2-
Item II-G.1
CONSENT AGENDA ITFIL # 20601
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution in Recognition of MATTHEW KITCHIN and
CLINTON CROSBY for the saving of another citizen's life (TOMMY COLE) on
August 21, 1983.
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
Council Members Absent:
None
September 12, 1983
-6 3-
RESOLUTION IN RECOGNITION
LIFE SAVING EVENT
WHEREAS:
"The clock of Life is wound but once,
And no man has the power --
To tett just when the hands will stop,
At Late or early hour.
NOW is the only time we own...
On August Twenty-First, time stood still and a life was saved
when exhaustion sapped the strength of Tomny Cote as he attempted to
swim to his powerboat off the beach at Forty-Third Street;
WHEREAS: Thirteen year oLd Matthew Kitchin and Clinton
Crosby had been surfing in the area and Clint was still in the water
when he heard a man calling for help. People on the beach were also
shouting and pointing to the foundering man who was about forty feet
from his boat. Matt was on the beach but quickly joined Clint and,
without thought of danger or self, the two young men hurried to the
rescue on their surfboards. The man went under once--back up again--
and then Matt and Clint putted the victim onto the Larger of the two
surfboards. They instructed the man to retax and wait for the Life-
guard who was swinning toward the surfboards. The Lifeguard maneu-
vered the board carrying Tormny Cole to shore and the two young men
paddted Matt's surfboard to the beach, approximately a 'half mile.
Toffmy Cote was rushed to Virginia Beach General Hospitat and in a few
hours rested comfortabty except for his anxiety to reach the two
young men who had saved his Life.
"What do we Live for?
Is it not to make Life less
difficult for one another
and give purpose to our own."
NOW, THEREFORE, BE IT RESOLVED: That IN RECOGNITION of
unsetfish and brave conduct during this emergency situation, the
Virginia Beach City Councit does publicly recognize
M A T T H E W K I T C H I N
AND
C L I N T 0 N C R 0 S B Y
for their courageous action and thank them for their quick response
which ted to the saving of another citizen's Life when they acted
above and beyond the "call to duty" in the beat tradition of
Virginia Beach.
BE IP FURTHER RESOLVED: That the CLerk of Council frame
this Resolution for presentation and record same in the regular
proceedings of this Format Session of City Council on the Twelfth
day of September, Nineteen Hundred Eighty-Three.
Given under my hand and seal,
Mayor
Adopted by the Council of the City of Virginia Beach, Virginia, an the
Twelfth day of September, Nineteen Hundred, Eighty-Three.
September 12, 1983
-64-
Item II-G.2
CONSENT AGENDA ITEM # 20602
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution in Recognition of forty years of employment
with the City of Virginia Beach to PERCY BLY.
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, TII, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 1983
-65-
R E S 0 L U T I 0 N
I N
R E C 0 G N I T I 0 N
WHEREAS, the City Councit, being the governing body of the
City of Virginia Beach, is anxious that City employees be recognized
for their achievement in various facets of employment and for their
contribution of time, tatent and effort;
WREREAS, in the course of our Lives, there are persons who
attain fame and great weatth for the service they render their fetlow-
men. Yet, there are many who render such services at great personal
sacrifice who are quiet and unassuming in their mode of Life and place
more vatue on the comfort and wett being of others than on praise and
monetary gain;
WHEREAS, Percy Bty, Motor Equipment Operator I, in the Beau-
tification Division, Department of Generat Services, was employed on
,January 2?, 1944, and has performed a variety of tasks. In recent
years, Percy has been one of the primary employees responsible for
keeping the resort area "Litter-free". His supervisors have described
him as reliabte, trustworthy, dependable, setf-motivated, diligent
and dedicated. He is good natured, mitd mannered and sets an out-
standing example for any City emptoyee.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council on behatf of its citizens, recognizes this dedicated
City employee
P E R C Y B L Y
who has reached his anniversary of FORTY YEARS in emptoyment @th the
City of Virginia Beach.
BE IT FURTHER RESOLVED: That the Virginia Beach City Council
publicly expresses its gratitude to Percy Bly for his continuing
efforts and for his reputation as an outstanding City emptoyee. The
cterk of Council is hereby directed to frame this Resolution for pre-
sentation with a copy spread upon the record of this regular Format
Session of City Council.
Given under my hand and seat this
TweLfth day of September,
Nineteen Hundred Eighty-Three.
Mayor
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twelfth day of September, Nineteen Hundred, Eighty-Three.
September 12, 1983
-66-
Item II-G
CONSENT AGENDA
ADD-ON ITEM # 20603
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution of Appreciation to A. M. FOX, JR. for
service from 1972 through August 1983 as a member of the Board of Building
Code Appeals.
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
Council Members Absent:
None
September 12, 1983
-67-
RESOLUTION OF APPRECIATION
TO
A. M. FOX, JR.
WHEREAS, A. M. Fox, Jr. has served as a member of the
Board of BUilding Code Appeals from 1972 thru Auqust 1983;
WHEREAS, A. M. Fox, Jr. has served willingly and untir-
ingly in behalf of the City of Virqinia Beach;
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconveniences, not only to him, but fre-
quently to his family and/or business; and
WHEREAS, we trust he realized satisfaction in success-
fully administerinq in his advisory capacity, not only to City
Council, but to the citizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council recognizes this record of eleven (11) years of
distinguished service in publicly expressing its sincere gratitude
for his contribution of time, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of Appre-
ciation be made a part of the proceedings of the Formal Session of
City Council, this Twelfth day of September, 1983, in the City of
Virginia Beach, Virginia.
Given under my hand and seal,
Mayor
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twelfth day of September, Nineteen Hundred, Eighty-Three.
September 12, 1983
-68-
Item II-G.3
CONSENT AGENDA ITEM # 20604
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution designating COUNCILWOMAN MEYERA E. OBERNDORF
as VOTING DELEGATE and COUNCILMAN ROBERT G. JONES as ALTERNATE VOTING
DELEGATE for the 1983 Annual Congress of Cities Conference November 26-30,
1983, in New Orleans, Louisiana.
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
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 1983
-69-
R E S 0 L U T I 0 N
WHEREAS, the National League of Cities will hold its Annual
Congress of Cities November 26-30, 1983, in New Orleans, Louisiana; and
WHEREAS, each locality has been requested to submit the names
of one voting delegate and one alternate voting delegate to vote on matters
at the Annual Business Session to be held on November 30, 1983; and
WHEREAS, the names of these delegates must be submitted to the
National League of Cities by October 7, 1983;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that Councilwoman Meyera E. Oberndorf
and - Councilman Robert G. Jones are hereby appointed
as voting delegate and alternate voting delegate, respectively, for the
Annual Business Session of the 1983 Annual Congress of Cities.
Adopted by the City Council of Virginia Beach, Virginia, on
the 12th day of September 1983.
September 12, 1983
-70-
Item II-G.4
CONSENT AGENDA ITEM # 20605
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of
$3,529,130 for City of Virginia Beach School Programs funded by special
Categorical Grants for School Year 1983-84. (Public Hearing was held
August 22, 1983.)
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 C. 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
September 12, 1983
-7 1-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $3,529,130 FOR CITY
OF VIRGINIA BEACH SCHOOL
PROGRAtIS FUNDED BY SPECIAL
CATEGORICAL GRANTS FOR SCHOOL
YEAR 1983-84
WHEREAS, the Virginia Beach Sc@ool Board has been notified
that it will receive funds of $3,529,130 through special state
and federal categorical grants for the school year 1983-84, and
WHEREAS, these funds were not included in the FY 84
School Operating Budget approved by City Council, and
WHEREAS, the School Board at its meeting on July 19, 1983
approved this funding and requests that City Council appropriate
these funds, and
WHEREAS, it is desirable and necessary for City Council
to appropriate these funds prior to the expenditure thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds of $3,529,130 are
hereby appropriated for school purposes for PY 83-84 under
the auspices of the following grants:
Grant Source Amount
Community Education State !t 17,575
Remedial Education State 220,110
Chapter 1,P.L. 97-35 Federal 2,015,390
Chapter 11,P.L. 97-35 Federal 296,723
Title VI-B.P.L. 94-142 Federal 956,750
Title VI-C,P.L. 94-142 Federal 17,442
Title VI-C,P.L- 89-313 Fed(,ral 4,000
Transition Program for
Refugee Children,
P.L. 96-212 Federal 11,140
Total State and Federal Categorical
Grants $3,529,130
BE IT FURTHER ORDATNED that this appropriation will be
financed by $237,685 estimated revenue from the Commonwealth and
$3,291,445 estimated revenue from the Federal Government, and
BE IT FURTHER ORDAINED that this appropriation is authorized
subject to the expenditures being incurred with no local match.
This ordinance shall be effective for the fiscal year
beginning July 1, 1983.
Adopted by the Council of the City of Virginia Beach, Virginia
on the t day of CO'4TEN-@
First Reading: September 6. 1983
Second Reading:
- 72-
Item II-G.5
CONSENT AGENDA TTEM # 20606
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate
grants of $177,147 from State Aid and $8,453 from Federal Aid to Public
Libraries.
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
Council Members Absent:
None
September 12, 1983
-73-
AN ORDINANCE TO ACCEPT GRANTS OF
$177,147 FROM STATE AID TO PUBLIC
LIBRARIES AND $8,453 FROM FEDERAL
AID TO PUBLIC LIBRARIES AND TO
APPROPRIATE THESE FUNDS
WHEREAS, City Council is interested in enhancinq the
quality of service provided by our Public Libraries, and
WHEREAS, grants of $177,147 from State Aid to Public
Libraries and $8,453 from Federal Aid to Public Libraries are
available for this purpose, and
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the above two grants be accepted
and funds of $185,600 be appropriated to the Department of
Public Libraries for the FY 84 Operating Budget as follows:
Contructual Services $ 23,400
Books and Subscriptions 134,743
Library and Other Supplies 2,128
Capital Outlay 25,329
Total $185 600
BE IT FURTHER ORDAINED that Estimated Revenues from the
Commonwealth of Virginia be increased by $177,147 and
Estimated Revenues from the Federal Government be increased
by $8,453 to finance the appropritions.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on the
6th day of September -1 1983.
FIRST READING: September 6. 1983
SECOND READING: September 12, 1983
September 12, 1983
-7 4-
Item II-G.6
CONSENT AGENDA ITEM # 20607
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate
a Federal Grant of $30,188 to aid the unemployed.
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 C. 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
September 12, 1983
-75-
AN ORDINANCE TO ACCEPT A
FEDERAL GRANT OF $30,188
TO AID THE UNEMPLOYED AND
TO APPROPRIATE THESE FUNDS
WHEREAS, the Department of Social Services has
been informed of a federal grant award of $30,188
authorized under Public Law 98-6 to aid individuals
and families who are receiving or have exhausted
their unemployment benefits, and
WHEREAS, the program provides for emergency
assistance of up to $500 per family for emergency
food purchases, to Drevent eviction, and for
emergency medical needs on a first come basis, and
WHEREAS, the program will be administered by
the Department of Social Services with its present
staff, and the grant requires no local funds.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that the City Manager is
hereby authorized to accept the grant for the city and
funds of $30,188 are hereby appropriated to the
Department of Social Services to aid the unemployed.
BE IT FURTHER ORDAINED that the appropriation be
financed by $30,188 estimated revenue from the federal
government.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach on -6,h day of @-pt@mber , 1983.
FIRST READING: September 6. 1983
SECOND READING: Septembef 12, 1983
t@5 -, 0 CONTENT
;,P,, TAENT
"@-T 0
-y
September 12, 1983
-76-
Item II-G.7
CONSENT AGENDA ITEM # 20608
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate $2,403,529
for Fiscal Year 1984 for the payment of purchase orders brought forward
from Fiscal Year 1983.
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
Council Members Absent:
None
September 12, 1983
-77-
AN ORDINANCE TO APPROPRTATE $2,403,529
FOR FISCAL YEA' 1984 FOR THE PAYWIENT
OF PTIRCHASE ORDERS BROTJGHT FORWARD
FROM FISCAL 1983
WHEREAS, during the course of business in fiscal year
1983, purchase orders or contracts were issued committing
the City to purchases of materials, supplies, equipment or
services for use by several departments, divisions, or
bureaus, and
WHEREAS, these purchase orders or contracts were charged
to appropriations previously authorized for the fiscal year
ended June 30, 1983 so as to reduce the unencumbered
balance of those appropriations, and
WHEREAS, on June 30, 1983 there were purchase orders
or contracts totaling $2,403,529 for which materials,
supplies, equipment or services had not been delivered
or invoiced,
NOW, THEREFORE, BE IT ORDAINED BY THE COTINCIL OF
THE CITY OF VIRGINIA BEACH, that the funds totaling
$2,403,529 unexpended and represented by purchase orders
outstanding on June 30, 1983 be reappropriated as additions
to fiscal 1984 appropriations to the respective departments,
divisions, or bureaus of the city so that upon delivery
of the materials, supplies, equipment or services, there
shall be sufficient funds to make payment. These funds
shall be appropriated from the following respective fund
balances:
General $1,669,694
Water and Sewer 353,711
Law Library 53
Tidewater Virginia ASAP 18,606
Pendleton Child Service Center 204
School Operating 361,261
$2,40'1 5:19
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
on 6th day of q@pt@,h,, 1983.
FIRST READING: September 6. 1983
SECOND READING: September 12, 1983
-78-
Item II-G.8
CONSENT AGENDA ITEM # 20609
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance, on SECOND READING, to accept from the
Department of Housing and Urban Development $740,000 to be appropriated
for certain projects and purposes.
Voting: 11-0
Council Members Vot.ing 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, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 1983
-7 9-
AN ORDINANCE TO ACCEPT $740,000
FROM THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND TO APPROPRIATE THESE
FUNDS FOR CERTAIN PROJECTS AND PURPOSES
WHEREAS, the Department of Housing and Urban Development (HUD) has
made available a grant totalling $740,000 under the 1983 Jobs Bill Program, and
WHEREAS, the Office of Housing and Community Development has been
designated to administer the program, which will improve the living standards
of low and moderate income individuals, and
WHEREAS the grant will provide funding for a series of eligible
Community Development activities while placing an emphasis on job training,
creation, and retention.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That funding from HUD be accepted and appropriated for the following
projects and purposes:
Appropriations Activity
I Site Improvements an@ Development
96,500 Temporary Street Maintenance
85,000 Building Maintenance Pre-Apprenticeship Training
50,000 Elimination of Barriers to Employment of Handicapped
158,000 Public Services
21,000 Administration
$740,000 Total Appropriations
BE IT FURTHER ORDAINED that the appropriations be financed $740,000
estimated revenue from HUD, with no local match required, and
That one new personnel position is hereby authorized for the duration
of the grant, to be paid from the grant, with the class of the employee to be
determined by the City Manager.
FIRST READING: September 6, 1983
SECOND READING: September 12, 1983
Adopted by the Council of the City of Virginia Beach, Virginia on
this 6th day of September 1983.
Apr7,,)N,'ED AS To CON'IENT
EY
-80-
Item II-G.9
CONSENT AGENDA ITEM # 20610
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer funds of $70,000 from the Water
and Sewer Fund to the Water and Sewer Capital Projects Fund for Cavalier/
Linkhorn Park Sewer Study.
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, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Vc,ting Nay:
None
Council Members Absent:
None
September 12, 1983
-81-
AN ORDINANCE TO TRANSFER FUNDS
OF $70,000 FROM THE WATER AND SEWER FUND
TO THE WATER AND SEWER CAPITIAL PPOJECTS FUND
FOR CAVALIER/LINKHORN PARK SEWER STUDY
WHEREAS, the current Capital Improvement Program includes a
sewer utility project for the Cavalier/Linkhorn Park area (project #6-928),
and,
WREREAS, the local Health Department has identified this area as
a first priority potential health hazard and,
WHEREAS, the Department of Public Utilities has requested that
in the engineering phase of this project a study to evaluate new technology
in sewer faciltties be undertaken in order to determine the most cost effec-
tive means of construction and,
WHEREAS, the study will cost $70,000 which the Department of
Public Utilities desires to transfer from the Water and Sewer Reserve for
Contingencies and,
WHEREAS, the study will benefit not only the Cavalier/Linkhorn
Park area but other areas of the City where sever facilities are to be pro-
vided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $70,000 be transferred from the Water and
Sewer reserve for contingencies to the Water and Sewer Capital Projects Fund
to provide for the engineering study for the Cavalier/Linkhorn Park area.
Adopted by the Council of the City of Virginia Beach on the
T,,lfth day of 1 9@.
KAR-2/ORD5
-82-
Item II-G.10
CONSENT AGENDA ITEM # 20611
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Birdneck Lane to Holiday Lake Company,
its assigns and successors in title.
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
Council Members Absent:
None
September 12, 1983
-83-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF BIRDNECK LANE TO
HOLIDAY LAKE COMPANY, ITS ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Holiday Lake Company, its assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into a portion of the City right-of-way of Birdneck
Lane.
That the temporary encroachment herein authorized is
for the purpose constructing and maintaining a subdivision
identification sign and landscaping in the median strip of the
City right-of-way known as Birdneck Lane at its intersection with
General Booth Boulevard and that said encroachment shall be
constructed in accordance with the City shall be constructed in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Birdneck
Lane, as shown on that certain plat
entitled: 'PLAN SHOWING LOCATION OF
PROPOSED SIGN IN BIRDNECK LAKE-SECTION
ONE," a copy of which is on file in the
Virginia Beach Department of Public Works
and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Holiday Lake Company and within
thirty (30) days after such notice is given, said encroachment
shall be removed from the City riqht-cf-way of Birdneck Lane by
the Holiday Lake Company and that the Holiday Lake Company, its
assigns and successors shall bear all costs and expenses of such
removal.
September 12, 1983
-84-
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Holiday Lake Company, its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Holiday Lake Company executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of September 1 9 83
MES/re
8/2 2/8 3 - -------- ---- ------ ---
(29B)
-2-
N GNt3628-W
130
LU
z 21
w
4i 20
U)
ui
LU 142
6S.- 3 6, 26,w
130.00'
19
LU
go.oo'
co N GO-L 36' 28' W
,LIGHT POLE
-@o~sep
-SIGN BASE
@.04
BIRDNECK LANE (80')
C)
to.oo'
cr- LU
LU
ui N 6 #@ 36- 28'w lea
LU
2! 17
LU
La
16
0198@36'2@'W
130.00'
PLAN SHOWING
LOCATION OF PROPOSED SIGN
IN
BIRDNECK LAKE- SECTION ONE
PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA
SCALE, l"- 50' JULY 19,1983
BASGIER At..) ASSOCIATES
A PROFESSIOI.,;L CORPORATIC-14
CONSULTING ENGI)WEERS-SURVEYORS PLANNERS
VIRGINIA BEACH, VIRGINIA 23452
i.o. 2078
s
-86-
41.
2,V
-87-
Item II-H.1
PLANNING ITEM ITEM # 20612
Mr. John Swanberg, President of Charlemagne Associates, Inc., represented
the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman McClanan, City
Council DENIED an Ordinance upon application of CHARLIMAGNE ASSOCIATES, INC.
for the vacation of a five-foot and ten-foot pedestrian access easement along
and adjacent to Portions 22, 23 and 24, Lot E; Portions 33 and 34, Lot F;
and, Portion 35, Lot G, of The Landings. More detailed information is
available in the Department of Planning. LYNNHAVEN 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 C. 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:
None
September 12, 1983
-88-
Item II-H.2
PLANNING ITEM ITEM # 20613
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Baum, seconded by Vice Mayor Henley, City Council
REFERRED BACK TO THE PLANNING COMMISSION the application of JOHN V. HANKS, JR.
for a variance to Section 4.4(b) of the Subdivision ordinance which requires
that lot dimensions conform to the Comprehensive Zoning Ordinance.
Appeal from decisions of Administrative officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for John V. Hanks, Jr. Prop-
erty located on the west side of Blackwater Road,
1725.40 feet south of Old Carolina Lane. Plats
with more detailed information are available in the
Department of Planning. BLACKWATER 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. 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:
None
September 12, 1983
-89-
Item TI-H.3
PLANNING TTEM ITEM # 20614
Attorney Frank E. Butler represented the applicants.
Dianne Ailon, applicant, spoke.
Upon motion by Councilwoman McClanan, seconded by Councilman Jennings, City
Council APPROVED the application of ABRAHAM AILON AND DIANNE C. AILON for
a variance to Section 4.4(b) of the Subdivision Ordinance whicb requires
that each lot created through subdivision conform to the Comprehensive
Zoning Ordinance.
Appeal from decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, subdivision for Abraham Ailon and Dianne C.
Ailon. Property located on the west side of New
Bridge Road, 1584 feet north of Indian River Road.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
Voting: 7-4
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Mayor
Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, W. H. Kitchin, TII,
and Meyera E. Oberndorf
Council Members Absent:
None
September 12, 1983
-90-
Item 11-H.4
PLANNING ITEM ITEM # 20615
Attorney Barry Koch represented the applicant's neighbor, Graham K. Hinnant,
who was in opposition to the application.
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City
Council DENIED the application of ALAN TURNER for a Conditional Use
Permit for twelve motel units on a 4,500 square-foot parcel as follows:
Ordinance upon application of Alan Turner for a
Conditional Use Permit for twelve motel units on
certain property located at the southwest corner
of Pacific Avenue and 26th Street, running a
distance of 90 feet along the west side of
Pacific Avenue, running a distance of 50 feet
along the southern property line, running a dis-
tance of 90 feet along the western property line,
and running a distance of 50 feet along the south
side of 26th Street. Said parcel contains 4500
square feet. VIRGINIA BEACH 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. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndurf
Council Members Voting Nay:
None
Council Members Absent:
None
September 12, 1983
-91-
Item II-H.5
PLANNING ITEM TTEM # 20616
Attorney Grover Wright represented the applicants.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council APPROVED the application of INTERNATIONAL PARKWAY INVESTMENT PRO-
PERTIES, TNC., SEVEN D CORPORATION, and SEVEN A CORPORATION for a Change of
Zoning from B-3 to B-4, with a modification to the Agreement (page 3, third
paragraph, a new sentence to be added following the word "property") as
follows:
"If multiple-family dwellings are constructed on the
property, no other use shall be made of the property."
ORDINANCE UPON APPLICATION OF INTERNATIONAL PARKWAY
INVESTMENT PROPERTTES, INC., SEVEN D CORPORATION,
AND SEVEN A CORPORATION FOR A CHANGE OF ZONING
FROM B-3 TO B-4 Z0983749
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of International Parkway
Investment Properties, Inc., Seven D Corporation,
and Seven A Corporation, for a Change of Zoning
District Classification from B-3 General-Business
District to B-4 Resort-Commercial District on
the south side of Virgi.ni.a Beach Boulevard, 420
feet more or less east of Beasley Drive on Lots
18 through 22 and 40 through 44, Block 35; Lots
18 through 22, Block 43; Lots 1 through 8 and 23
through 29, Block 27; Lots 1 through 44, Block 36;
and, Lots 1 through 22, Block 51; and, portions
of Potomac, Cleveland and Eighth Streets, Plat
of Sunnybrook. Said parcel contains 9.159 acres.
BAYSlDE BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. No dredging, filling, bulkheading or other waterfront-related
activities will be permitted without obtaining the necessary
permits from the appropriate federal, state, and local agencies.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, an the
Twelfth day of September, Nineteen Hundred, Eighty-Three.
Voting: 10-1
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, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndarf
Council Members Voting Nay:
Reba S. McClanan
September 12, 1983
-9 2-
Item II-H.6
PLANNING ITEM ITEM # 20617
Attorney Robert Cromwell represented the applicant.
In opposition were:
Frances Post, resident of Oak Springs (presented a petition bearing 140
signatures which is hereby made a part of the record)
June Keene, resident of Oak Springs
James A. Evans, Attorney for Clark-Whitehill Corporation
A motion was made by councilwoman McClanan, seconded by Councilwoman Oberndorf,
to approve, with a modification to A-1 from A-2, the application of BREEDEN
DEVELOPMENT CORPORATION, A VIRGINIA CORPORATION, for a Change of Zoning from
B-2 to A-2. The vote was tied 5 to 5.
A substitute motion was made by Councilwoman Creech, seconded by Councilman
Baum, to approve the applicant's request for a Change of Zoning from B-2 to
A-2. The vote was tied 5 to 5.
Due to a TIE VOTE (5 to 5) on both the main motion and the substitute motion,
the application will be on the September 26, 1983 Formal Agenda.
ORDINANCE UPON APPLICATION OF BREEDEN DEVELOPMENT
CORPORATION, A VIRGINIA CORPORATION, FOR A CHANGE
OF ZONING FROM B-2 TO A-2
Ordinance upon application of Breeden Development
Corporatio,.i, a Virginia Corporation, for a Change
of Zoning District Classification from B-2 Community-
Business District to A-2 Apartment District an
certain property located 202.01 feet west of
Holland Road beginning at a point 1311 feet south
of Rosemont Road, running a distance of 962.53
feet along the eastern property line, running a
distance of 600 feet more or less along the southern
property line, running a distance of 910 feet
along the western property line and running a
distance of 600 feet more or less along the
northern property line. Said parcel contains
13.928 acres. PRINCESS ANNE BOROUGH.
Voting: 5-5 (SUBSTITUTE MOTION)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,
Jr., W. H. Kitchin, III
Council Members Voting Nay:
Vice Mayor Barbara M. Henley*, Mayor Louis R. Jones, Robert G.
Jones*, Reba S. McClanan, Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
*Verbal Nay
-92a-
Item II-11.6
PLANNING ITIN ITEM # 20617 (continued)
Voting: 5-5 (MAIN MOTION)
Council Members Voting Aye:
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G.
Jones, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,
Jr., W. H. Kitchin, III
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
-93-
Item II-H.7
PLANNING ITEM ITEM # 20618
Attorney Robert Cromwell represented the applicant.
Fred Napolitano, partner in Landstown Meadows Associates, spoke.
Speaking in opposition were:
Members of the Piney Grove/Nimmo Civic League -- Donna Wilson, Cecil Fentress
and Louise Greene
Gordon Griffin, adjacent property owner
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council DENIED the application of LANDSTOWN MEADOWS ASSOCIATES for
a Change of Zoning from AG-2 to B-2 as follows:
ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS
ASSOCIATES FOR A C@CE OF ZONING FROM AG-2 TO B-2
Ordinance upon application of Landstown Meadows
Associates for a Change of Zoning District Classification
from AG-2 Agricultural District to B-2 Community-Business
District on cerlain property located on the east
side of Princess Anne Road beginning at a point 4540
feet south of Landstown Road, running a distance of
460 feet along the east side of Princess Anne Road,
running a distance of 310 feet along the southern
property line, running a distance of 455.49 feet
along the eastern property line and running a dis-
tance of 251.14 feet along the northern property line.
Said parcel contains 3.1 acres. PRINCESS ANNE
BOROUGH.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones,
W. H. Kitchin, III, Reba S. McClanana, Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
-94-
Item II-H.7
PLANNING ITEM ITEM # 20618 (continued)
A motion was made by Councilwoman McClanan, seconded by Councilwoman Oberndarf,
to deny the applications of LANDSTOWN MEADOWS ASSOCIATES for Changes of Zoning
from AG-1 to R-8, from AG-2 to R-8, from R-8 to PD-H-2, and R-8 to P-1-
A substitute motion was made by Councilwoman Creech, seconded by Councilman
Jennings, to approve the subject applications.
Both motions were withdrawn.
Upon motion by Councilwoman McClanan, seconded by Councilman Robert Jones,
City Council DEFERRED to September 26, 1983, subject to the submission
of the PDH Plan and with a density limitation of 400, the application of
LANDSTOWN MEADOWS ASSOCIATES for Changes of Zoning as follows:
ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS
ASSOCIATES FOR A CHANGE OF ZONING FROM AG-1 TO R-8
Ordinance upon application of Landstown Meadows
Associates for a Change of Zoning District
Classification from AG-1 Agricultural District
to R-8 Residential District on certain property
located 600 feet west of H()Iland Road beginning
at a point 4540 feet more or less south of Landstown
Road, running a distance of 3250 feet more or less
along the northern property line, running a dis-
tance of 950 feet along the western line, running
a distance of 1060 feet in a southeasterly direction,
running a distance of 660 feet in a northerly
direction, running a distance of 1600 feet more
or less in a southeasterly direction, running a
distance of 190 feet in a northeasterly direction,
running a distance of 420 feet more or less in
a northerly direction, running a distance of 200
feet in a northeasterly direction, running a
distance of 550 feet more or less in a northwesterly
directi.on, running a distance of 470 feet in a
northeasterly direction and running a distance
of 510 feet more or less in a northerly direction.
Said parcel contains 84.2 acres. PRINCESS ANNE
BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS
ASSOCIATES FOR A CHANCE OF ZONING FROM AG-2 TO R-8
Ordinance upon application of Landstown Meadows
Associates for a Change of Zonin@ District
Classification from AG-2 Agricultural District
to R-8 Residential District on parcels located on
the east side of Princess Anne Road and the west
side of Holland Road.
Parcel 1: Located on the east side of Princess Anne
Road beginning at a point 3100 feet more or less
south of Landstown Road, running a distance of
100 feet along the east side of Princess Anne
Road, running a distance of 730.92 feet along the
southern property line, running a distance of 150
feet more or less along the eastern property line,
running a distance of 1050 feet more or less in
a northwesterly direction, running a distance
460 feet more or less in a southerly direction,
running a distance of 100 feet in a southeasterly
direction and running a distance of 310 feet in
a southwesterly direction.
September 12, 1983
-95-
Item TI-H.7
PLANNING TTFM TTEM # 20618 (continued)
Parcel 2: Located on the west side of Holland
Road beginning at a point 4600 feet more or less
south of Landstown Road, running a distance of
351.43 feet along the west side of Holland Road,
running a distance of 600 feet along the southern
property line, running a distance of 530 feet
more or less along the western property line,
running a distance of 350 feet more or less in a
southeasterly direction and running a distance of
303.21 feet in an easterly direction.
Said parcels contain 11.4 acres. PRTNCESS ANNE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS
ASSOCIATES FOR A CHANGE OF ZONING FROM R-8 TO PD-H-2
Ordinance upon application of Landstown Meadows
Associates for a hange of Zoning District
Classification from R-8 Residential District to
PD-H-2 Planned Unit Development District on cer-
tain property located on the east side of Princess
Anne Road beginning at a point 4600 feet more or
less south of Landstown Road, running a distance
of 100 feet along the east side of Princess Anne
Road, running a distance of 750 feet in an easterly
direction, running a distance of 660 feet in a
northerly direction, running a distance of 400
feet in an easterly direction, running a distance
of 100 feet in a northwesterly direction, running
a distance of 250 feet in a northeasterly direction,
running a distance of 800 feet in a southeasterly
direction, running a distance of 300 feet more or
less in an easterly direction, running a distance
of 150 feet in a northeasterly direction, running
a distance of 400 feet in a northerly direction,
running a distance of 150 feet in an easterly
direction, running a distance of 550 feet in a
northwesterly direction, running a distance of
1050 feet in a northeasterly direction, running
a distance of 350 feet along the west side of Holland
Road, running a distance of 300 feet in a south-
westerly direction, running a distance of 210
feet in a northwesterly direction, running a dis-
tance of 150 feet in a southwesterly direction,
running a distance of 60 feet in a southerly
direction, running a distance of 260 feet in a
southwesterly direction, running a distance of
100 feet in a southerly direction, running a dis-
tance of 100 feet in a westerly direction, run-
ning a distance of 100 feet in a northerly directi.on,
running a distance of 100 feet in a westerly
direction, running a distance of 300 feet in a
northerly direction, running a distance of 2850
feet in a southwesterly direction, running a
distance of 1420 feet in a southerly direction,
running a distance of 150 feet in a southeasterly
direction, and running a distance of 340 feet in
a southwesterly direction. Said parcel conlains
95.0 acres. PRINCESS ANNE BOROUGH.
September 12, 1983
-96-
Item II-H.7
PLANI,TING ITEM TTEM # 20618 (continued)
ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS
ASSOCIATES FOR A CHANGE OF ZONTNG FROM R-8 TO P-1
Ordinance upon application of Landstown Meadows
Associates for a Change of Zoning District
Classification from R-8 Residential District to
P-1 Preservation District on parcels located west
of Holland Road and east of Princess Anr@e Road.
Parcel 1: Located 500 feet west of Holland Road
beginning at a point 4500 feet more or less south
of Landstown Road, running a distance of 230 feet
in a northwesterly direction, running a distance
of 280 feet along the northern property line,
running a distance of 330 feet along the western
property line, running a distance of 100 feet iri
an easterly direction, running a distance of 100
feet in a southerly direction, running a distance
of 100 feet in an easterly direction, running
a distance of 100 feet in a northerly direction,
running a distance of 260 feet in an easterly
direction, running a distance of 50 feet in a
northerly direction and running a distance of
180 feet in a northeasterly direction.
Parcel 2: Located 1550 feet more or less east of
Princess Anne Road beginning at a point 2900
feet soutb of Landstown Road, running a distance
of 470 feet more or less along the southern property
line, running a distance of 400 feet along the
eastern property line, running a distance of 240
feet along the northern property line and running
a distance of 120 feet along the western property
line.
Said parcels contain 4.9 acres. PRINCESS ANNE
BOROUGH.
Voting: 10-0
Counci'- 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 C. Jones, W. H. Kitchin, ITT, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
-97-
Item II-I
APPOINTMENT ITEM # 20619
Upon NOMINATION by Councilman Jennings, City Council REAPPOINTED
Lorraine M. Caldwell and APPOINTED Billy A. Franklin to serve on
the COMMLTNITY CORRECTIONS RESOURCE BOARD for two-year terms be-
ginning September 1, 1983 through August 31, 1985.
Voting: 9-0
Council Members Voting Aye:
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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and J. Henry McCoy, Jr., D.D.S.
September 12, 1983
-98-
Item II-I
APPOINTMENT ITEM # 20620
Upon NOMINATION by Councilman Heischober, City Council REAPPOINTED
Van H. Cunningham and APPOINTED Harry R. Purkey to Ser-ve on the
DEVELOPMENT AUTHORITY for four-year terms beginning September 1,
1983 through August 31, 1987.
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
-99-
Item II-I
APPOINTMENT ITEM # 20621
Upon NOMINATION by Vice Mayor Henley, City Council APPOINTED Mary Sue Bright
to serve on the PENDLETON PROJECT MANAGIMENT BOARD for a three-year term
beginning September 13, 1983 through December 31, 1986.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Eenley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
-100-
Item II-I
APPOTNTMENT ITEM # 20622
Upon NOMINATION by Councilwoman Oberndorf, City Council REAPPOINTED
T. H. Holland to serve on the WETLANDS BOARD for a five-year term
beginning September 18, 1983 through August 17, 1988.
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,
Robert C. Jones, W. H. Kitchin, IIT, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
-101-
Item II-K
NEW BUSINESS ITEM # 20623
Attorney Robert Cromwell represented the applicants.
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council AUTHORIZED the Staff to WAIVER the requirement for additional
parking spaces in the application of THOMAS R. AND JOAN G. ECKERT for a
Conditional Use Permit (APPROVED August 22, 1983) for a four-room
addition to a school located at the northeast corner of Shore and
Treasurer Island Drives (Bayside Borough).
Voting: 10-0
Council Members Voting Aye:
John A. BaLun, 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, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
-102-
Item II-K
ADD-ON
NEW BUSINESS TTEM # 20624
TJpon motion by Councilman Kitchin, seconded by Councilman Baum, City Council
REFERRED TO THE PLANNTNG COMMISSION FOR REVIEW AND RECOMMENDATTON a proposed
Ordinance to amend and reordain Section 563 of the Comprehensive Zoning
Ordinance of the City of Virginia Beach by adding thereto Subsection (f) per-
taining to nonconforming lots in the R-7 Zoning District.
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 12, 1983
IOPM -103-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 563 OF THE COMPREHENSIVE
ZONING ORDINANCE OP THE CITY OF
VIRGINIA BEACH BY ADDING THERETO
SUBSECTION (f) PERTAINING TO
NONCONFORt4lNG WTS IN THE R-7
ZONING DISTRICT
BE IT ORDAINED BY THE COUNCIT OF THE CITY OP VIRGINIA
BEACH, VIRGINIA:
That Section 563 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained by adding
thereto subsection (f) which reads as follows:
Section 563(f) Nonconforming lots.
(1) Where a lot has less than the minimum requirements
for the R-7 Residential District and said lot has continuously
been a lot of record, in single and separate ownership from
adjacent property, prior to and since the passage of this
Ordinance, said lot may be developed for any purpose permitted
within the R-7 Residential District.
(2) However, if the owner of a lot which does not meet
the minimum requirements for the R-7 Residential District, is the
owner of or becomes the owner of another substandard lot adjacent
to it and located in the same R-7 Residential District, he is not
entitled to the exception in (1) above. In this instance, the
owner of the two or more adjacent substandard lots must combine
the two or more lots to form one which will meet or more closely
approximate the frontage and area requirements of the ordinance
applicable within the R-7 Residential District.
(3) The owner of contigious substandard lots is
prohibited from conveying one or more of the substandard lots
with the result that both the grantors and the grantee possesses
lots entitled to an exception from the minimum lot requirements.
(4) Status as a single and separate owner may not be
acquired after enactment of this ordinance by selling a parcel
and reducing the remainder below the minimum lot requirements nor
may an owner of several contigious nonconforming parcels combine
September 12, 1983
IPOSED -104-
them so as to leave a substandard lot, and assert the right to
exception in (1) above.
For the purposes of this Section, lots are not regarded
as adjacent where they form an 'L,' part of one being contingious
to the other.
This Ordinance shall be in effect on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1983.
NTS/re
9/8/83
APPROVED AS f@:) FO-Z@
SiGNAItIPE
CITY ATTC):(,'4EY
September 12, 1983
-2-
-105-
Item II-L
ADJOURNMENT ITEA 20625
By consensus, City Council adjourned the meeting at Six Thirty-Four in the
evening.
,an M. Keith
Pep uty City Clerk
i
Ru@Hodges Sm-fth, CMC
City Clerk
City of Virginia Beach
Virginia
/jk
September 12, 1983