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HomeMy WebLinkAboutAPRIL 18, 1977 CITY OF VIRGINII BEI MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y,id@ B@,@.gb J. HENRY M@COY, ],, D.D.S., K@.p-ill@ B .... gh VICE MAYOR PATRICK L. STANDING, Al L-,g@ MEYERA E. OBERNDORF, Al L.,g@ JOHN A. BAUM, 8 .... gb J. CURTIS PAYNE, A.@, B.,..gh ROBERT B. CROMWELL, I,, A, L.,g@ ROGER L. RIGGS, Vigi.i. B@.@h B.-.gh GEORGE R. FERRELL, Al L@g@ FLOYD E. WATERFIELD, ],., P.@g. B.,..gh JOIIN R. GRIFFIN, Ly..h..@,, B.,..gh A G E N D A RICHARD 1. WEBBON, Cil, Cl@,k The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on Monday, April 18, 1977, for the purpose of conducting public business and will hear and act upon the following items: 1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council Conference Room. 2. Motion and Roll Call to recess into Informal Discussion and Executive Session. Upon conclusion of the Executive Session, City Council will reconvene in the City Council Chambers. 4. Invocation will be given at 2:00 p.m., by the Reverend S. H. A. Culpepper, Aragona Baptist Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. S. Roll Call of the Council. 6a. Minutes of the Regular Meeting of April 4, 1977 to be presented for approval and acceptance. b. Minutes of the Special Meeting of April 7, 1977 to be presented for approval and acceptance. ,z. Minutes of the Regular Meeting of April 11, 1977 to be presented for approval and acceptance. 7. Items for Second Reading: a. City Council is requested to approve on second reading an ordinance to amend and reordain Section 33-7.2 of the Code of the City of Vi-rginia Beach relating to Application for Classification and As- sessment for Agricultural, orticultural, Forest or Open Space @eal Estate. b. City Council is requested to approve on second reading an ordinance to amend and reordain Sections 33-2, 33-2.1, 33-4.3, 33-4.6 and 33-4.11 relating to Real Property Taxation. C. City Council is requested to approve on second reading an ordinance to provide for payment of Real Estate Taxes for Partial Assessments for the Period of January 1, 1977 thru March 31, 1977. 8a. Ietter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of E. Kenneth Day and Jahn-Wallace Summs for a Conditional Use Permit for an open space option on certain property located in the Little Neck area between Harris Road and Little Haven Road (Lynnhaven Borough). 8iD. Letter from the City Manager transmitting the recommendation of the Planning Commission for withdrawal of the application of Charles R. Hofheimer, Executor of the Estate of R. D. Hofheimer, for a change of zoning from R-2 Residential District to R-3 Residential District on a 54 acre parcel located on the north side of Little Ilaven Road, east of Little Neck Road (Lynnhaven Borough). 9. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Sterling S. Montgomery for a change of zoning from R-8 Residential District to 1-1 Industrial District on a 25.932 acre parcel located on the south- west side of Princess Anne Road, southeast of the intersection of Princess Anne Road and Salem Road (Kempsville Borough). 10. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Sav-A-Ton, Incorporated for a Conditional Use Permit for a self-service gasoline station to be located at the northeast corner of Bonney Road and Pre- scott Avenue (Kempsville Borough). 11. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of N. S. Gumenick for a change of zoning from R-8 Residential District to B-2 Community Business District on a 1.107 acre parcel located on the east side of Rosemont Road (proposed extension) approximately 40 feet south of Holland Road (Princess Anne Borough). 12. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Christopher Development Company for a change of zoning from AG-1 Agricultural District to R-6 Residential District on a 123 acre-parcel located 2,800 feet south of the intersection of Ilolland Road and North Lands- town Road (Princess Anne Borough). 13. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Virginia Beach Campgrounds, Inc. for a Conditional Use Permit for a miniature golf course to be located west of Prosperity Road, and which is to be a portion of the KOA Campgrounds. 14. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Pipeline, Inc. for a Conditional Use Permit for a recreation facility of an outdoor nature to be located on the south side of Virginia Beach Boulevard, approximately 700 feet east of Birdneck Road (Lynnhaven Borough). 15. Letter from the City Manager recommending that City Council approve an ordinance establishing the tax levy on real estate for the tax period January 1, 1977 thru June 30, 1977, and further, approve an ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1977. 16. Letter from the City Manager recommending that City Council adopt a Resolution requesting funds and agreeing to pay its share of the Federal Grant, either thru monetary contributions or the provisions of in-kind services. It is further recommended that the City Manager be authorized to execute the necessary agreements to implement the program of construction drawings and specifications for several waste- water collection systems within the City. (estimated cost for the preparation of construction drawings and specifications and program administration is $87,232 and the estimated local contribution for the program is $21,808.) 17. Letter from the City Manager recommending that City Council approve an ordinance to appropriate funds to provide public transportation to the adult activity center for developmentally disabled adults. A grant of $16,020, or 90% of the total cost of $17,800 has been provided by the 19. Letter from the City Manager recommending that City Council approve the following Water/Sewer Agreements: Water Lots ll-ls, Block 32, Ocean Park, Bayside Borough. Sewer Larkspur Professional Center Kempsville Borough Water & Sewer Green Run PUD, Section B-2, Lifestyle Townhouses, Princess Anne Borough 20. Letter from the City Manager recommending that City Council approve the request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the amount of $370.99. 21. Letter from the City Manager recommending that City Council approve a raffle permit: Green Run Little League Ladies Auxiliary (Renewal). 22. Old business, deferred from the previous meeting, including any report of the Mayor or committees named by Council. 23. New business, including any presentations by Council Members, citizens, and organizations. 24. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA April 18, 1977 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, April 18, 1977, at 1:00 p.m. Council Members present: Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: John A. Baum ITEIA #10688 I'layor Holland entertained a motion to permit the Council to conduct an informal discussion to be followed by an Executive Session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. 4. Consultation with legal counsel and briefing by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman McCoy, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to proceed into executive session following the informal discussion. ITEM #10689 Mayor Holland stated, at the informal meeting, that the Ilighway Commission was meeting in the near future and some decisions may be reached by the Commission regarding the Norfolk-Virginia Beach Expressway. Mayor Holland requested a letter be written to the Commission re- stating Councils' position on the reduction of tolls, not eliminating them all together, on the Expressway. ITEM #10690 The City Manager stated that previously it was brought to Council's attention the possibility of having an Arts and Conf,r,n,, Center District. The district has been realigned to remove it from the residential areas along 21st and 22nd Streets. Mr. Robert J. SCott, Planning Director, presented to Council a revised copy of the Arts and Conference Center report. Mr. Scott pointed out the following changes: 1. Personal service establishments as a conditional use instead of principle use. 2. Sign regulations have been changed 3. Changing from AC-1 to C-1 Mr. Scott further stated the following changes on the map: 1. Proposed that certain areas outside of the C-1 District be included in the district. 2. All areas immediately adjacent to the C-1 District from the North, which is bounded by the toll road, be zoned Preservation District. Mr. Scott stated that the districts take in some of the most desirable characteristicsof all the present zoning district such as; B-4, A-4, and many commercial zonings as well. Mr. Scott further stated that it would also allow those uses that would be beneficial to the center and also help the property owners in the area. ITEM #10691 The City Manager discussed with Council the acquisition of two vans for the Mental Ilealth Department (#17 on regular agenda). The City Manager stated that the busses are provided for in a grant and are approximately 90 percent paid for. ITEM #10692 The City Manager stated that skateboarding has become quite a popular sport. Council had approved some months ago contracts for the expansion of the parking lots at Mount Trashmore. The work is almost completed with only the final paving to complete. The staff finds that a small amount of money will be left over and the City Manager would like to consider using the funds for a municipal skateboard park at Mount Trashmore. The City Manager further stated that a person will not be permitted in the skateboard area without the proper attire, such as helmet, knee pads, etc, and it will be under adult supervision at all times. ITEM @-10693 At 2:15 p.m., City Council reconvened in the Council Chambers with the following members present: Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne:, Roger L. Riggs, Vice Mayor Patrick I,. Standing, and Floyd E. Waterfield, Jr. Absent: Councilman John A. Baum The invocation was given by the Reverend S. H. A. Culpepper, Aragona Baptist Church, followed by the Pledge of Allegiance. AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-7.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO APPLICATION FOR CLASSIFICATION AND ASSESSMENT FOR AGRICULTURAL, HORTI- CULTURAL, FOREST OR OPEN SPACE REAL ESTATE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIIRGINIA BEACH, VIRGINIA: Sec. 33-7.2. Application for classification and assessment. (a) The owner of any real estate meeting the criteria set forth in section 58-769.5 and 58-769,.7 (b) of the Code of Virginia shall submit an application for taxation on the basis of a use assessment to the real estate assessor within thir s notice of in rease in assessment is mailed hichever is later. Such application shall be on forms provided by the state department of taxation and supplied by the city real estate assessor and shall include such schedules, photographs, drawings and additional information as may be required by the city real estate assessor. (1) T ro ei made ap tions for 1977 shall be r@ uired to re,,alidate that a r.,,ed a licalion or revali 0, 1977. Thereafter, property owners must revalidate annually any previously approved application with the real estate assessor on forms prepared by the city real estate assessor and approved by the governing body. (2) An application shall be submitted whenever the use or acreage of such land previously approved changes. (b) A separate application shall be filed for each use for which qualification is sought. FIRST READING: 1977 SECOND READING: A 3 1977 This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the 1 8 day of April 1977 JDB:er 4-1-77 4-6-77 ITEM #10698 0.n motion by Councilman Waterfield, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Counciimen Robert @. dromweil, Jr.., Ge orge R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council approved on second reading the following ordinance to amend and reordain Sections 33-2, 33-2.1, 33-4.3, 33-4.6, and 33-4.11 relating to Real Property Taxation: AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 33-2, 33-2.1, 33-4.3, 33-4.6 AND 33-4.11 RELATING TO REAL PROPERTY TAXATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 33-2. When city taxes due and payable. City taxes on real estate for each year shall be due and payable during the year for which the same are assessed in two equal installments, as follows: One-half on December 1 and one-half on June I of such year. In the event that taxes are assessed after December I such taxes shall be due and payable on the following June I of each fiscal year. Sec. 33-2.1. Real estate tax exemption for certain elderly persons. (a) Real estate tax exemption is provided for qualified property owners, who are not less than sixty-five years of age and who are eligible according to other terms of this section. Persons qualifying for exemption are deemed to be bearing an extraordinary real estate tax burden in relation to their income and financial worth. (b) The exemption shall be administered by the city manager or his auth- orized delegate, herein referred to as the ..administrator," according to the general provisions contained in this section. The administrator is hereby auth- orized and empowered to prescribe, adopt and enforce rules and regulations, includ- ing the requirement of answers under oath, as may be reasonably necessary to determine qualifications for exemption. The administrator may require the production of certified tax returns and appraisal reports to establish income or financial worth. (c) Exemption shall be granted to persons subject to the following provisions: (1) The title to the property for which exemption is claimed is held, or partially held, on June 30 immediately preceding the taxable year by the person or persons claiming exemption. (2) The head of the household occupying the dwelling and owning title or partial title thereto is sixty-five years or older on June 30 of the year immediately preceding the taxable year. Such dwelling must be occupied as the sole dwelling of the person or persons claiming exemption. (3) No applicant shall be entitled to exemption who has not been a resident of the city for two years immediately preceding the request for exemption. (4) The total combined income of the owner or owners and the owners' relativesliving in the household during the calendar year immediately preceding the taxable year shall be determined by the administrator to be an amount not to exceed seven thousand five hundred dollars excluding fifteen hundred dollars of the total combined income of each relative living in the household. Total com- bined income shall include all income from all sources of the owner and of the owner's relatives living in the dwelling for which exemption is claimed. "Owner" as used herein shall also be construed as "owners." (5) The net combined financial worth of the owner as of December 31 of the year immediately preceding the taxable year shall be determined by the admin- istrator to be an amount not to exceed twenty thousand dollars. Net combined financial worth shall include the value of all assets, including equitable interests of the owner, and of the spouse of any owner, excluding the fair market value of the dwelling and of the land, not exceeding one acre, upon which it is situated and for which exemption is claimed. (d) Annually, and not later than December I but after the first day of August of the taxable year, the person or persons claiming an exemption must file a real estate tax exemption affidavit with the administrator. Such affidavit shall set forth, in a manner prescribed by the administrator, the location, assessed value of the property and the names of the related persons occupying the dwelling for which exemption is claimed, their gross combined income, and their net com- bined financial worth. If, after an audit and investigation, the administrator determines that the person or persons are qualified for exemption, he shall determine the percentage of exemption allowable and inform the city treasurer, who shall deduct the amount of the exemption from the claimant's real estate tax liability. 2 (e) Where the person or persons claiming exemption conforms to the standards and does not exceed the limitations contained in this section the tax exemption shall be as shown on the following schedule: Total Income All Sources Tax Exemption $ 00.00 to $2,000.00 100% 2,001.00 to 3,000.00 80% 3,001.00 to 4,000.00 60% 4,001.00 to 5,000.00 40% 5,001.00 to 6,000.00 20% 6,001.00 to 7,500.00 10% (f) Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable year for which the affidavit mentioned in subsection (d) of this section is filed and having the effect of exceeding or violating the limitations or conditions provided in this section shall nullify any relief of real estate tax liability for the then current taxable year and the taxable year immediately following. (g) Any person or persons falsely claiming an exemption shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding one thousand dollars, or confinement in jail n6t exceeding twelve months, or both. Sec. 33-4.3. Assessment--Procedure. The city real estate assessor shall assess annually for taxation at its fair market value all real estate within the city subject to assessment by him, which shall include all lands, buildings, structures and improvements thereon and all rights thereto and interests therein, and he shall have the right and power to do all things necessary to assess such property. Except with respect to new construction and other cases where the same is not practicable, such assessments shall be completed not later than the thirty-first da of January of the year preceding the year for which the same shall be effective, and taxes for each fiscal year on such real estate shall be made on the basis of the last assessment made Prior to such fiscal year, subject to such changes as may have been lawfully made. 3 Sec. 33-4.6. Same -- Effective date. Each annual assessment shall be effective on the first day of July of the year for which the assessment is made and the taxes and other charges shall be extended on the basis of every such assessment. The beginning of the tax and assessment year for the assessment of taxes on all real estate assessable by the city for taxation shall be July first, and the owner of such real estate on that day shall be assessed with taxes for the year beginning on that day. Sec. 33-4.11. Equalization of assessments -- Hearings to be held. In order to equalize assessments of real estate annually, the city real estate assessor shall hold hearings between March fifteehth ahd April thirtieth of each year or as often as may be necessary as detormined by the tity real estate assessor for the purpose of receiving such evidence as may be presented to him by any taxpayer with respect to the inequality of his assessment made during the twelve-month period ending the thirty-first of Jahuary last ensuing. Any taxpayer feeling aggrieved by any such assessment of his property may apply to the city real estate assessor for the equalization thereof on forms provided by the city real estate assessor for that purpose. FIRST READING: A SECOND READING: April 18, 1977 This ordinance shall be effective July 1, 1977 Adopted by the Council of the City of Virginia Beach on the 18 day of April 1977. APPROVED AS TO CONTENTS JDB:er 4-1-77 4-6-77 SIGNATURE APPR CITY ATTORNEY On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Rig.-s, Vice hiayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council approved on second reading the following ordinance to provide for payment of Real Estate Taxes for Partial Assessments for the period of January , 19@7 through March 31, 1977: AN ORDINANCE TO PROVIDE FOR PAYMENT OF REAL ESTATE TAXES FOR PARTIAL ASSESSMENTS FOR THE PERIOD JANUARY 1, 1977 THROUGH MARCH 31, 1977 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Taxes assessed for construction begun during January 1, 1977, through March 31, 1977, shall be due and payable June 10, 1977. FIRST READING: April 11 1 977 SECONDREADING: April 18, 1977 This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach on the 18tb day of April -, 1977. ITEM #10700 bn motion bY Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum city Council approved on second reading the following ordinance to lif those elderly ons fOr the iscal @ar JulY 1, 1977 h Jun.- 0, 9@78 for Real Estate Tax AN ORDINANCE TO QUALIFY TIIOSE ELDERLY PERSONS FOR THE FISCAL YEAR JULY 1, 1977 THROUGH JUNE 30, 1978 FOR REAL ESTATE TAX EXEMPTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Those elderly persons who filed during the period February 1, 1977, through June 10, 1977, and qualified for such exemption shall be deemed to qualify for the fiscal year july 1, 1977, through June 30, 1978, and shall not be required to make any additional filing for the period August 1, 1977, to December 1, 1977; however, regular filing as set forth in 33-2.1, Code of the City of Virginia Beach, shall be required for all subsequent fiscal years. This ordinance shall be effective July 1, 1977. First Reading: Second Reading: Adopted by the Council of the City of Virginia Beach on the llth day of April 1 1977. ITEM #10701 Applicaticn of E. Keri-ieth Lliv a:-,c.1 Tal)n Sinc@s for a Pei-nii-I fc,)r a-n ol-\@ii ,@,--ice opt; ii ci,, cert,7!'ii tv i.cct'ed Neck ar,@i @a-n@ert @%oaci Fii@ l,ittle p@C)a,l 1. payv-e,l I.: al -Lhe !,!,-)r--'Lh,-,ast L;@;-l oi- 1,@Lt-lc! N(,C.'@ ar),d l rui,, ii ii a d * s- O,- q C ni, Oil Lll(-) C)' U-in,@@-s P\o@id, d cf pr,c)l@i@ty 1-@ie, D- of-- 960 fc,@t l@,)ro i,,i i dire.ct -ion, runril-ng ji di-st@@iice. of, 70F, Ecui c;r, in a t-i.on, a ci- 11.0c, cy, 04- Littl(@ R,)ad, e@li@ @i of l"20 tlic,@ Nlorth si.do of Li.(',lc @'(@cl,: Roacl. P,aiv.(,I- 2: @-atad at tli.3 So,,itl,cast n of l,ittle T@Trck 'L,@ Little Faven @-@oad, i,uiin@ig a cli@tancr-, of 3,?','O or cjloi-,g 'L-hc South side of Littlc l@ven Roai, a of 'tEO feet m,)T.-e c)r along tyie Fasi:ern p@pcrty line tri@ ru,-i,@,,, @t cli.st@icc, c)f 13-55 feet rror,,,@ or less in a Nort]7:,iesterly dl-ection. ,@id parcels contain 66 ecres mo2:,e or le@@. I'l@aL's wit:h deta-@,@C(I inforlro-- tion aro available ',Ii tl,e 1)21@.3-rtlii,2nt of (Lynry,;oc>d-Litt@@ e 1 Areas). LT,@@V@' BOROU-.H. Planni.ng Co@ssi-On Re--Ol=lenlation: A rrotion @.Tas ,maiiimuc,"y I)y '@lie CO,'Izii-;,-, *Ion by a roc,@,)rded vote. of 11 to anp@-ovc tliis 1'eciLic-st. For the 41ifarr,,i,.tion of -L prio,, to th@ of a the follo,,lirg will be requirell L,,v thc si-aff: St@,I:j@ site imFrovcm.2nts a5 rcruircd by the SubJivisio,-i C)r@lin-in--e arcl Site Plan 2. Ci-ty @,latei, )nd 3. Tlie ncc!oss@u,y s- i@-0 are to be provici@j along all of the ad3ac,3ii-I 4. An acl@eqliate clrjlll',I,l '0 svst(-)jn is to 1-,,2 @-@IxDvi@od fc-)r sit(, doi,7nst-roam drain,-ige f s d lits @e '@-C) be 10-ciuirej. @O i bc -in th--, ci@l,,,,,,-I,,-)-@;@,.,,]-Il i'll)@.@@.)t to i.lil,c) the (il,a4 C)II 'r _,v tc) t 1, -1@Li 0 I i I Ci 703, 20'1 70(@, @@,@JI) cDi- r,, .1r,i;n ;n S. Tlic Lo l@@ r@vJ@@c,,J @o Dn accc,)'@aiD@@e -i.cn c,,- -r@t (,i --ii 3, 3! 6. A co.@-it ir,@ c)f th@, 30 icy)-@: or, 1. 1.195 oii Li'-Llo. li=ivci, P,(@:id (a 10 f@"o,@ 7. A de@]4C,-L,-iop. of (Df I:Ii@ O,,@istiri,l L 30 f*,@,)t t@@ 7CO c)r 1.1-11-,s fi-o,@ita@e oi-, Poad (,i fc)C)L 8. Pll (-,ovei,@,@iit for@ C,'f OI)GI-, SI@ce, not Mr. Douglas Talbot, Talbot Associates, represented petitioners The following appeared in opposition: Mr. John Gawrys Mrs. Shirley Marlow On motion by Councilman Griffin, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @layor Clarence A. liolland, J. Henry NIcCoy, Jr., Council- woman DAeyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to approve the following resolution upon petition of E. Kenneth Day and Jahn Wallace Summs for a Conditional Use Perniit rt located in the Little ------- - - -- DAY AND JAHN WALLACE SUMMS FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE OPTION ON CER- TAIN PROPERTY LOCATED IN THE LITTLE NECK AREA BETWEEN HARRIS ROAD AND LITTLE HAVEN ROAD. BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, thdt: Application of K. Kenneth Day and Jahn Wallace Summs for a Conditional Use Permit for an open space option on certain property located in the Little Neck area between Harris Road and Little Ilaven Road. Parcel 1: Located at the Northeast intersection of Little Neck Road and Harris Road, running a distance of 960 feet more or less on the East side of Harris Road, running a distance of 1560 feet more or less along the Northern property line, running a distance of 960 feet more or less in a Southeasterly direction, running a distance of 705 feet more or less in a Southerly direction, running a distance of 1195 feet more or less along the North side of Little Haven Road, running a distance of 1220 feet more or less along the North side of Little Neck Road. Parcel 2: Located at the Southeast intersection of Little Neck Road and Little Haven Road, running a distance of 1200 feet more or less along the South side of Little Haven Road, running a distance of 460 feet more or less along the Eastern property line and running a distance of 1155 feet more or less in a Northwesterly direction. Said parcels contain 66 acres more or less. Plats with more detailed information are available in the Department of Planning. (Lynnwood- Little Haven Areas). Lynnhaven Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Subdivision Ordinance and the Site Plan Ordinance. 2. City water and sewer. 3. The necessary right-of-way dedications and standard right-of-way improvements are to be provided along all of the adjacent roadways. 4. An adequate drainage system is to be provided for this site and downstream drainage facilities and drainage easements are to be acquired. Care is to be taken in the development of this project to prevent erosion into the drainageway to the east and northeast of this site. The areas shown on the submitted plan between the 10 and 16 foot contour (see City topo maps 703, 201 and 706, 201) consist of critical slopes of highly erodible soils now protected by trees. These slopes should remain in trees. 5. The submitted land use plan is to be revised to indicate an acceptable configuration of permanent open space or recreation space. 6. A dedication of right-of-way 25 feet from the centerline of the existing 30 foot right-of-way along the 1,195 foot more or less frontage on Little Haven Road (a 10 foot dedication). 7. A dedication of right-of-way 25 feet from the centerline of the existing 30 foot right-of-way along the 760 foot more or less frontage on IIarris Road (a 10 foot dedication). 8. An adequate covenant providing for maintenance of all open space land not dedicated to the City. This resolution shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of April 1 1977. ITEM #10702 Petition of Charles R. llc)fheiiner, E-xccutor for the Estate of R. D. floflicimer, for a Chan@,c of Zoiiin,l Disti,ict CILssificzitioli froni 11-2 Re,-,idential DistTict to R-3 Resicleiitial Distr t oii cerEii-ii located on tlie I\Iortil side of Little flavcii Roau' bc,ii-iiii.ii@ at a I)oint 210 Ccct niorc or less East of Littlc Neck Road, ruruiing a distiiice of ]@195 fcet nioi-e or less alon., the I\Iortli siclc.@ of Little flavcn Road, ruiniiii, l clist@ilice of 70S fcot in a I\Iortliorl.y dircc- tion rltiinin@, a distance oF @)15 fect in zi iNortl@,,,ostcrJy clii-cct@,.Oll, niiinin@; a distaiice of 1550 fect iii a I,,Iestei@ly clirectioii, niiiniii- i distilice of 760 fect alona the Fast side of Ilarris Road, i-iiiuiin,, i distanco of 1345 fect in a South-lasterly cliroction ziiifl iiiiii)in" @l of 180 foct iii a Soutlicrl), directi.on. Said I)arcel coiit;iins 5,1 acrc.-,. (L),iini@ood - Littl o, I Liveii Areas) . LYNNI IAVFN BOROUGH. Plannin@ Co,,imiission Recomonclation: A iiiotion i,!.is passed unaiiimously by tlie Plaiming Conunission by a recorded vote of 11 for witlidrai@al of this request. On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to approve the withdrawal of the above petition of Charles R. Hofheimer, Executor for the Estate of R. D. Hofheimer, for a Change of Zoning District Classification from R-2 Residential District to R-3 Residential District on certain property located on the North side of Little Haven Road beginning at a point 210 feet more or less East of Little Neck Road, running a distance of 1195 feet more or less along the North side of Little Haven Road, runn- ing a distance of 705 feet in a Northerly direction, running a dis- tance of 915 feet in a Northwesterly direction, running a distance of 1550 feet in a Westerly direction, running a distance of 760 feet along the East side of Harris Road, running a distance of 1345 feet in a Southeasterly direction and running a distance of 180 feet in a Southerly direction. Said parcel contains 54 acres. (Lynnwood-Little Haven Areas). Lynnbaven Borough. ITEM #10703 @etition rf Sterl S. Yio 11 I '-rict Cla@-si.fica'-i,)T, inf, ntF,,o,iery fc)r a )f 7iDniri@ @@i-L L fr,o,,n R-8 Residc.-,itial Di-@t-l@ic'c to I-1 L)i-l@i-r,.,r-t on cc,r,tiii@ i-.ry)D- erty located on the Sjutlyi@t sic,e o@- Prdnc,2,,;s, A@@c3 l@ i-I L 1-nn -iE,, al @a pc@int L -s @(Dad 2600 feet ni,)re or les,, of t]@ (-f l@,inc- s and Salem Road, rt,.rmiii@l, a disni,.--,e of 1083.21@ ti@,2 side of Princes,@; @ie Road, Ydnni!,, a o'L :i.ii a Soutli@.,,csl,- ]y direction, runninl,.a cli--t,311c:,@ )f ]Oi@.2F) fc-,@t I,,erty 1']-n,3, runni-ii-- a di-F3Liiice of 1428.50 'Cot. dn i,, rui-i,.ii.dig, a distance of 140 f@t @i a E. c,@z@tarce of fcet aloii@. tlie East Eicle- Ol- S,-dE:@r, a 1070.6C, fcet in a Nlortheastcrly d@@-tion. pc@,01 KIIIPSVIIIl@ BOP\O'LJGH. Planning Co@ssion Rec@)nunendatiori: A wtion was passed tu@i@toiisly by the. Planning Ccii,,Tj-ssion 1)@, a rcco@ed votc, of 11 to apl)rove this request. For the infonmtion of the appli.cai-L, prior to tlie iss@iEin--e of a building per- m-it, the following wi.11 be required by the a@nI.sl7fativc staff: 1. Standard itrprovemejits as requirc@,d by the ','-ite Plan Ordin-ance. 2. City water and se@,7er. - 3. A sewage pump station w:Lll Ix- requ@l. Fur,ther, this ord@ice sM]-l be effective u@n sitisfactc)rv compliance to the cox-.ditions :L@sed in tliis jfc)t-ion ELid it is tinlci,,@to and agr(,--d to I)y the applican-I ,hat the official change on the zoniiig n@ps @iill not be @de uT'.ti-1 thc following conditioi@s are @3atisfied: 1. A dedicaticn of riglit-of-,,.ay l@O feet frorii tl-@e centc-rll-ie of the exis-ling 50 foot right@f-@@3y and a reservation o@ ari adciitic,,P-al 15 fect alon,@ tl-- 1,083 foo- mre or less fro@n' PUle Rc,,ad (a 15 f@t dodica- ,a,ge oii Prin--ess tio,n and a 15 f-cot re-,,er%7-, 2. A dedic@itioil of r.11-p@ht-of-,...,dy -00 feet f@m the cenll-c.,.Iline of -tlie CX4Stiylg 30 foot righL@f-,,r@iy -d a i,-,,,servatioli of an ,,].,]4t_, _l 1 f C : al 5 c@l OnF, the lLi4.59 foot mre or l(@ss (Dn @lilciti 7,Do,@ (,l -LS foot d@,licalion ,n@ a 15 f(x-)t resetv@Ltion). 3. A dc@di.cation of a vcLr:Liblc! an-.ourit of is to I)c Tio,,,ided in tlic north(L,,ist corn(,,r C)f tliis for a I)ortion of tli@@ prol)oscJ False Cape Par3,i,;,aV - PrinccsE, @ic Roacl inL-@h@.iige. Mr. Garret W. Binson, Attorney, represented the petitioner Mr. Sterling Montgomery also appeared regarding the petition On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Nlayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council approved the following ordinance upon petition of Sterling S. Montgomery for a Cliange of Zoning District Classificatioll ,--- @ 0 T)i f i f t, T-1 T. i !, t Tnri@@.qtri,,il , MONTGOMERY FOR A CHANGE OF ZONING DIS- TRICT CLASSIFICATION FROM R-8 Residential District TO 1-1 Light Industrial BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, T@@AT: Petition of Sterling S. Montgomery for a Change of Zoning District Classification from R-8 Residential District to I-1 Light Industrial District on certain property located on the Southwest side of Princess Anne Road beginning at a point 2600 feet more or less Southeast of the intersection of Princess Anne Road and Salem Road, running a distance of 1083.24 feet along the Southwest side of Princess Anne Road, running a distance of 529.53 feet in a Southwesterly direction, running a dis- tance of 1015.25 feet along the Southern property line, running a dis- tance of 428.50 feet in a Northerly direction, running a distance of 140 feet in a Westerly direction, running a distance of 144.59 feet along the East side of Salem Road and running a distance of 1070.86 feet in a Northeasterl.y direction. Said parcel contains 25.392 acres. Kemvsville Borouvh. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer, when available. 3. A sewage pump station when needed, will be required Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A dedication of right-of-way 40 feet from the centerline of the existing 50 foot right-of-way and a reservation of an additional 15 feet along the 1,083 foot more or less frontage on Princess Anne Road (a 15 foot dedication and a 15 foot reservation). 2. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way and a reservation of an additional 15 feet along the 144.59 foot more or less frontage on Salem Road (a 15 foot dedication and a 15 foot reservation). 3. A dedication of a variable amount of right-of-way is to be provided in the northeast corner of this site for a portion of the proposed False Cape Parkway - Princess Anne Road interchange. 4. A 200 foot buffer on Salem Road is not to be rezoned. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of April -1 1977. ITEM #10704 Ap',)].-l-cation of c-lv-A-To@l, Tricor@-ated for a Coll(ii-L'ic)iial U--c-, PerTnit for a self-ser,,iice pE,,soline supplv station on ce37Lai,i@ J,,,@,l@erLy ioc@aled at the NorL]I--ast cori@,-2r of BoniLy cad Euid Y'res,-,c)tL rur,,iinj, a di,@',-ance of 270 fect aloiig t:lio EisL a C.,isLaiice of 150 feet alone, t]@@ Nlortla,-!rn l@-@pcr,q-y li'llo, runlljl@P, i CIstar@,-,o c,@ 253 fe,2- along tha 11-istern '131@' of 150 fc@el alc)ng thc l'IC)rl-h side of B:)iii-,cy l@oad. @:i(i I-z,c,el cciitd-iii@@ .9 @@C-'r(2 rr@Dr(@ 01@ Icss. (Ilialia Village Ar-ea). MIPSV@IR BOROUCII. Plai2iing Comnission Rc-,cc)irm@@i-,,(Iation: A notion va-- I)ac@cd Lu@,Lniffc)u-,Iy I-)@, tlic Pi-ani,j,ng by a recorded vote of 11 to approve ttlis roquest. For tlie infoittation c)f tlic applic@;,,it, gf.,ior to the issticii-,cc,. cf a buildin@- per- mit, the following will be L-7 the &I(]T'.inis"ritive staff: 1. Standard im,,)rK)vements as requirecl I)Y tlie Site Pl@in D@@-ince. 2. Ci.ty wate,-r and se@,ior. 3. @vision of 18 feet c)f 1-@iverreiit aiicl rip_lit.-cf-ii@y ini,@velTionts 50 fc-,et along Prescott Avenue be-iiini.n@ it the soutl,(@rii houndary of -h-i-s @@,el. 4. Provision of an adc2q-,Lal-ely -@ized sy '@cn ard draii-iape to an outfall for this site. 5. Three (3) ori-site @-arkin-. si@ices @@-11 bc-, 6. Compliance with Article 2, SecL-Ioii '-12'i of @he CZO @taiiiing to Automobile Service StaLions. 7. A 15 foot do(lica-lioii jii-,cl a 2 foc)t re,:er\@,it@c,n ilonj,, BOFLney Road right-of-@..,ay @a5 slic)wn on tli,-, ll,)nney F,,,,,icl Imiaovc,,ii-ci,-t Plans in t.'iQ@ Depariment of Publi.c 8. A dedicatic@n of a 5 foot -cmF.)Orary constri-,ctd.on p=allel- -0 the Donney r@ad righ-@-ol.--t,7ay declicat@-On. Mr. Donald H. Rhodes, Attorney, represented the applicant On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to adopt the following rpsolution upon apl)lication of Sav-A-Ton, Incorporated for a Conditional Use Permit for a self- service gasoline supply station: RESOLUTION UPON APPLICATION OF SAV-A-TON, R0477105 INCORPORATED FOR A CONDITIONAL USE PERMIT FOR A SELF-SERVICE GASOLINE SUPPLY STATION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Sav-A-Ton, Incorporated for a Conditional Use Permit for a self-service gasoline supply station on certain property located at the Northeast corner of Bonney Road and Prescott Avenue, running a distance of 270 feet along the East side of Prescott Avenue, running a distance of 150 feet along the Northern property line, running a distance of 253 feet along the Eastern property line and running a distance of 150 feet along the North side of Bonney Road. Said parcel contains .9 acres more or less. (Thalia Village Area). Kempsville Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Provision of 18 feet of pavement and right-of-way improvements 50 feet along Prescott Avenue beginning at the southern boundary of this parcel. 4. Provision of an adequately sized drainage system and drainage easements to an outfall for this site. 5. Three (3) on-site parking spaces will be required. 6. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 7. A 15 foot dedication and a 2 foot reservation along the existing Bonney Road right-of-way as shown on the Bonney Road Improvement Plans in the Department of Public Works. S. A dedication of a 5 foot temporary construction easement parallel to the Bonney Road right-of-way dedication. 9. Subject to the submission of an agreement to provide for future drainage needs and requirements. This resolution shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of April 1 1977 ITEM #10705 Petition of N. S. Gilmei)ick for a of District Classificati.on fioni R-8 Resi-dentiEa Distrdct to ii--2 act on certiin prK)perty locatc@d on the East side of Rosemont beginning at a point 37.54 feet South of lblland llo-,d, ruriri-iiF. a clistaiice of 318 feet more or less alc)rg the East side of Ro,,@e,,noiit Ro,,-id @iii-ii-iig a di.st@nce of:66.48 fect iri Ein )@,s4,-crly riirniiii,, i diLst@ll,C-C! of L.,O feet @.n a Sc)Litherly dir(-ction, r-unniii, a distiiice c)f 52.03 @-,,Ct @.n In Kas-tc-rly dircc- tion, runni3ig a distance ol- 332.37 fcc,'@ a-l.oni, tli@@ l@t-terii l@@perty Iiii(@ ard rurinL-ig a distance of I)i4.65 feet alon@-, tlic @@ i,t@i@rn r,ty lire. SLid paT,col contains 1..107 acrc,,-,. (Ibll@ii-icl IDP-ft,@T]SS b2,1,@E BOROUCH. Plaririing Con-inission Recommc-,nd@),tion: A mtion was @ssed uroniTriDusly by the Plann@g, Coii,=soion by a recorded vote of 11 to alpprove this r,equc-,st. For tlie info@tion of the applicaiit, prior to tl@e issu.--inc,,e of a build@_ng permi.-t-., the following will be requirc-,d by tlie actiLii,i@;-L-ati.ve stafl': 1. Standard i-Tnprovp-,nents @i,- requii@od by the Si:te- Plan Ordinaiir-e. 2. City vzter and sewcr. 3. The southern portion of this site is to I)c drained to tlie pro@ed c@il system in tlie FUD co,,vidor. 4. No median oi)en-i-ngs will be allcwed along lic)lland Road or -@osemtlt RDad. The apl)licant %,7ill be reqtl.@@d to conclruct or provid(,- fuii@s for one-half of Rosej,,r,)nt Rc>ad adjacent to -chis si-te (@,,o fully ijrp-ro,,,ed lane,-). Further, this ordinance shall I)e effect@-ve u@n satisf-,ctory compl3,arce to the conditions linposed in thl-s r,-ot-*-On, @in@ it is iind@E@-,.OOJ and a_greed to by tlie applicant t]-iat thc offic-ial c!-u-n,c on the -oriibg n,,ip- @,iill not be @.de unti-I the follo@,iing condition is sdtisiied: A dc.-dicatj-(-)n of right-ol--,.,iay 57 feet from tli-, cq@iter,liiie of the cxi@@ting 90 foot tlic lsl,.Iil@ f(.)ot oi, lc@ i-i-ontage ori l@osciol-it Poad Fxteii,-'c,,i (a vaT,i-a'Lle dc,(JjcELt,;-o,-i ds (,n t@ic- fnr a @,,ii lan(,. 1,2.so, a 5 foot -tezi@Y)jry y@rallel "@o t@l(, COUNCiLMAN CROMWELL LEFT CIIAMBERS Mr. H. Calvin Spain, Attorney, represented the petitioner On motion by Councilman Payne, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John A. Baum, and Robert B. Cromwell, Jr. City Council voted to approve the following ordinance upon petition of N. S. Gumenick for a Chanp:e of Zoning District Classification from R-8 Residential District to B-2 Community-Business District: ZU4'i'/238 FOR A CHAliGE OF ZONING DISTRICT CLASSIFI- CATION FROM R-8 Residential District TO B-2 Community Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of N. S. Gumenick for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on cer- tain property located on the East side of Rosemont Road (Proposed) beginning at a point 37.54 feet South of Holland Road, running a distance of 318 feet more or less along the East side of Rosemont Road (Proposed), running a distance of 66.48 feet in an Easterly direction, running a distance of 40 feet in a Southerly direction, running a distance of 52.03 feet in an Easterly direction, running a distance of 332.37 feet along the Eastern property line and running a distance of 144.65 feet along the Northern property line. Said parcel contains 1.107 acres. (Iiolland Rose Area). Princess Anne Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The southern portion of this site is to be drained to the proposed canal system in the PUD corridor. 4. No median openings will be allowed along Holland Road or Rosemont Road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following condition is satisfied: 1. A dedication of right-of-way 57 feet from the centerline of the existing 90 foot right-of-way along the 189.42 foot more or less frontage on Rosemont Road Extended (a variable dedication as shown on the application for a right-turn lane. Also, a 5 foot temporary construction easement parallel to the dedication). This ordinance shall become effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of 1 1977 ITEM #10706 Oetitio,) of Cliristop@er Develo,,@7@eiit Co- , for Et c)j- 7L)ninp L)ist-r,ict Classificat4-.on froin /',G--" Di,,trict -@6- i@-L) n@c rty l@@j a I = i _, t a pc)LiL 28CC @ect of tlie ilitcrsecti--n of lbllaiil Poad a@ 1'rrLh l@,@,-id, riiT;4- iF @i di.,,,taiice of 270 1-0ct a-lc)rll 'o the '@qest si.ee of liDlIand !Ro,,d, i,iiiui-inF, P@ 1372.c,'S fec,-L iri @L Sout)ierly dircc-,tioll, rw-,nL-i, ci jilong tlic, @,outliern pro@rty line, rui-6ni;!g a c)f 633.43 f- @L ii@ L ciirect@(-@ll, @ing a distance of 12C)5.09 foc--t @in a dire--tion, running a dist@ince of LiO7.76 feOC i-ri a @,ri-lilig a distl,nce of 352 fee-t al,3n@. tlie Fast si,cle of Ro@ic], a (lis@,ince of 1465 feet in a S--utlteaste-,,Iy i c),f 871.05 fe,@t "n a Northeas-terly directioii, riiiuiL-iE,, a. distEincc-, of 17C, f-C,,at i-n an 17as@erly di-rec- tion, ruruiing a distance c)f 9-Ll.61 feet iri a dirc-,c-Lioi-i and ruming a dista-,.ce of 343.11 fe@t in i Northeas-terl-y cli-i@ec-Lion. Said p,=el cont,ains .1.23 acres. PRII@CESS AJ,,',IF, BOROU(,-ii. Planning Co=dssion Reconnenda-Ilion: A TriDtion ,7,as passed by the Plannin,. Coimdssion by a recorded vote of 9 for tho mtion and 2 against to auprove this reques-1. For the information of thp- applicant, prior to the issuancc-, of a buildiii.@ pe =@t, the followii-ig will be requi-red by -Lhe adM-inisti,ativE, staff: 1. Stanciard impmve-,nents as required by the Sutx-livision Ordiranco and Site Plaii Ordirance. 2. City watei, and sci-jer. 3. A detailed udstreaii ind do@.mstr@n liv(@io-ic study is t-o be p-ovided in addition -Lo adeqacatelv sized fici-lities ard draimge eas@,ents to the outfill. 4. A se;,iago gn,@ s"Ition wil-1 be rc,,Cuired. 5. The n@-cessary riFjit@f-@@ay deddcatici fc)r Ffollan,@ P,-ad and Landstoin Tzoad and teinpDrary b@-sF, lanos aiid ti-ii,ii lancs @.oii- !,,,Dlid and P,Oad sl,.a'l be _@viciecl,. El 6. The de@ication of foi, I'\os@tDnt read a-nd the cr one-hg-lf of this road i-s to be providod. Furthc.r, this orclin7.i:ice shil-I be effecti@'o u@,0,11 s-ili!;.fcictory CC)fF,,-)IL-ii-e to the conditions iiiil)j,-ed in tli-ic, jitDtioi-1, @.ilict iL -is 1 @IETeed to by the @pplicapt tl'-It tlie o,-ficial Oil t',If@ ,laps ii,@t be ma(je until tlic followil,.& coiidit-i-clis arc,, S;-tisf@-,-,i: 1. A dedic@aticn of rilt-c), - 'o fcct f-on,, tlie c(-iitcr]-ille of the existing. -,,ray 1 30 f@t right-@f-,Tiy ar,(J an aclditio@-LI 25 f,)c)L r(-,Gcj,vation alc)rig 352 fc>ot mre c)r le,,-s f@rt@,gc, on @ndsL(.,,,,,Il R@ld (a 15 f-oot dedicat-@on and a 15 foot 2. A dc@licition of 30 feet fr@,iil t@iia c(2-terl-i-rie of the E'-xistin@, 30 fc)ot r-@.ght-of-i,-@iy alc)r,- tl e 270 foot TirDre, o@, le,,s fronte,,gc on Hollarid 'Road (ci 1.5 fc)ot dediciti--,n). 3. Dedi.cition of the 90 foo-@ rip.,ht-of-@@ay fc)-p lropc)sed Rosemi-it Roa,,j. COUNCILMAN CROMWELL RETURNED TO CHAICIBERS Mr. Douglas Talbot, Talbot and Associates, represented the petitioner On motion by Councilman Payne, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, and Roger L. Riggs Nays: Councilwoman Meyera E. Oberndorf, Vice Mayor Patrick L. Standing, and Councilman Floyd E. Waterfield, Jr. Absent: Councilman John A. Baum City Council approved the following ordinance upon petition of Christopher Development Company for a Change of Zoning District Classification from AG-1 Agricultural District to R-6 Residential District: DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO R-6 Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Christopher Development Company for a Change of Zoning District Classification from AG-1 Agricultural District to R-6 Residential District on certain property beginning at a point 2800 feet South of the intersection of Holland Road and North Landstown Road, running a distance of 270 feet along the West side of Holland Road, running a distance of 1372.95 feet in a Southerly direction, running a distance of 3073.54 feet along the Southern property line, running a distance of 633.43 feet in a Northwesterly direction, running a distance of 1265.09 feet in a Northeasterly direction, runn- ing a distance of 407.76 feet in a Northwesterly direction, running a distance of 352 feet along the East side of Landstown Road, running a distance of 1465 feet in a Southeasterly direction, running a distance of 871.05 feet in a Northeasterly direction, running a distance of 170 feet in an Easterly direction, running a distance of 911.61 feet in a Southeasterly direction and running a distance of 343.11 feet in a Northeasterly direction. Said parcel contains 123 acres. Princess Anne Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Subdivision Ordinance and the Site Plan Ordinance. 2. City water and sewer. 3. A detailed upstream and downstream hydrologic study is to be provided in addition to adequately sized downstream drainage facilities and drainage easements to the outfall. 4. A sewage pump station will be required. 5. The necessary right-of-way dedication for Holland Road and Landstown Road and temporary bypass lanes and turn lanes along Holland Road and Landstown Road shall be provided. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way and an additional 15 foot reservation along the 352 foot more or less frontage on Landstown Road (a 15 foot dedication and a 15 foot reservation). 2. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way along the 270 foot more Or less frontage on Holland Road (a 15 foot dedication). 3. Dedication of the 90 foot right-of-way is needed for proposed Rosemont Road; construction of curb and guttering and one 12 foot lane on Rosemont Road is to be provided in the event that the pro- perty is dedicated to the School Board. Should the property not be received by the School Board, the dedication of right-of-way for Rosemont Road and the improvements for one-half of this road is to be provided. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of April 1977. ITEM #10707 Application of Virginia Beach Canipgrounds, Inc., for a Conditional Use Permit for a miniature golf course on cei-tain property located-@4-T-f6-et @lest of Prosperity Road beginniiig at a point 855 feet niore or less North of Prosperity Road as it extends East and @les", rl@iining a distance of 100 feot along the Southern propei-ty line, rliniiirig a di,;ta@ice oi 110 fc,(,t aloiig the Western pi,operty line, runiiitig a dist:,nce of IOL@ feet along tlie @,orthci@ll prope)@ty line and rutining a dista@ice of 110 fect along the Easte@,n pi,oi)erty line. Said parcel co@itaiiis 11,000 square fect. (KOA Caiiipgrounds Area). PRINCESS ANIIE BOROUGII. Planning Coniiiiission Reco[iiniendation: A motion was passed unaniniously by tlie Planning CoiiiiTiission by a recorded vote of 10 to approve this request. For tlie information of the applicant, prior to tlie issuance of a building per- mit, tlie follow-ing will be required by the adi,-,inistrative staff: 1. Standard site improve:iients as required by the Site Plan Ordinance. 2. Central seviage. 3. The use of the miniature golf course shall be limited to guests of the KOA Campground. Mr. Larry Brownnell, owner, appeared regarding this application. On motion by Councilman Payne, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfieold, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to adopt the following resolution upon application of the Virginia Beach Campgrounds, Inc., for a Conditional Use Permit for a miniature golf course: RESOLUTION UPON APPLICATION OF VIRGINIA R0477106 BEACH CAMPGROUNDS, INC., FOR A CONDITIONAL USE PERMIT FOR A miniature golf course BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Virginia Beach Campgrounds, Inc., for a Conditional Use Permit for a miniature golf course on certain property located 240 feet West of Prosperity Road beginning at a point 855 feet more or less North of Prosperity Road as it extends East and West, running a distance of 100 feet along the Southern property line, running a distance of 110 feet along the Western property line, running a distance of 100 feet along the Northern property line and running a distance of 100 feet along the Eastern property line. Said parcel contains 11,000 square feet. (KOA Campgrounds Area). Princess Anne Borough For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. Central sewage 3. The use of the miniature golf course shall be limited to guests of the KOA Campground. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of 1977 ITEM #10708 Application of Pipeline, Inc., for- a Conditional Llse Per@nit for a skateboard park on certain prop(2.rty located on t[Fe--S- t@ ir@g nia Beach BoLilevard beginnii)( at a poirit 700 fec.,t East of Bii,dncc@ Road, running a distance of 140 feet along tlie South side of Virgiiiia Beach [3oulevard, run- ning a distance of 300 feet along tlie East(@ril prol)cl@ty line, runrling a distarice of 168.87 feet along tlie Soutfiey,ii pro[)ert)t Iiiie and runtiing a dis- tance of 301.39 feet along tlie @iestcri) pio@,ci-i@y lilic,. Said parcel coiitains I acre more or less. (Seatack Area). LYtl@@@1,AVEII BOROU'@'ll. Planning Commissiori Recoiiiiiiendation: A motion was 1)assed unaniniously by the Planning Comniission by a recorded vote of 11 to approve t@iis request. For the information of tlie applicant, prior to the issu,-,ince of a building p-.r- niit, the following viill be required by thL, adininistrative staff: 1. Standard improvements as required by the Site Plaii Ordinance. 2. City water and tl)e provisioii of rest)-oom facilities. 3. A dedication of right-of-viay 45 feet fropi tlie cet)terline of the existing 80 foot right-of-@,iay along the 140 foot mor(, or less frontage on Virginia Beach Boulevard (a 5 foot dedication). 4. Provision of a minimuiii of 12 feet of pavenient vjidening (viith transiti.ons), curb, gutter, storifl drainage as necess@iry and side@qalks along Vi-ginia Beach Boulevard. 5. Provision of at least I parkitig space per 1,000 square feet of skateboard surface area. 6. Provision of a 6 foot privacy ferice along the eastern, southern and @-iosterii property lines. 7. All ligtiting is to be directed toviards the interior of the lot and sliielded from adiacent Properties. Mr. Bob White and Mr. Tom Evans appeared regarding the application On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. flenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to adopt the following resolution upon application of Pipeline, Inc., for a Conditional Use Permit for a skateboard park: RESOLUTION UPON APPLICATION OF PIPELINE, INC., R047710@'7 FOR A CONDITIONAL USE PERMIT FOR A skateboard park BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Pipeline, Inc., for a Conditional Use Permit for a skateboard park on certain property located on the South side of Virginia Beach Boulevard beginning at a point 700 feet East of Birdneek Road, running a distance of 140 feet along the South side of Virginia Beach Boulevard, running a distance of 300 feet along the Eastern property line, running a distance of 168.87 feet along the Southern property line and running a distance of 301.39 feet along the Western property line. Said parcel contains 1 acre more or less. (Seatack Area). Lynnhaven Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and the provision of restroom facilities. 3. A dedication of right-of-way 45 feet from the centerline of the existing 80 foot right-of-way along the 140 foot more or less frontage on Virginia Beach Boulevard (a 5 foot dedication). 4. Provision of a minimum of 12 feet of pavement widening (with transitions), curb, gutter, storm drainage as necessary and side- walks along Virginia Beach Boulevard 5. Provision of at least 1 parking space per 1,000 square feet of skateboard surface area. 6. Provision of a 6 foot privacy fence along the eastern, southern and western property line. 7. All lighting is to be directed towards the interior of the lot and shielded from adjacent properties. 8. Developer is required to post a bond to make improvements upon the request of the City Manager. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of I , 1977 ITEM #10709 On motion by Councilman Waterfi6ld, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to approve on first reading the following ordinance establishing the tax levy on real estate for the tax period January 1, 1977 through June 30, 1977: AN ORDINANCE ESTABLISHING Tflr, Tl,-K 1,EVY ON i,F r C, IIE TI@): PLIRIOD JA!4lfARY 1, 1977 ,,AT, ES. ATE FR T Till',OU(,Il JUN@@--, 30, 1.977. BE IT ORDAIIIED BY TIIE COU14CIL OF T]II? CTTY OF VIRCI-IIIA BFACI'L VIRGINIA: Section 1. @IOUNT OF LEVY ON REAT, ESTATE. There shall be levied ai-,(l collectel for geiieral purposes for the first six months of tbe 1977 calcndar year taxes on all real estate, not exempt from taxation and iiot otherwise provi-ded foi.- in thi@@ ordinanc.(,, on each one liunclrcd dollirs ($100) of assessed valuation thereof, based on the followiiig rates: Gener,il six Boi7oijgh Lorotigh Mosquito Total. Rate Borough Govcriin@--nt Sci,ool Debt D(-,I)t Control 1977 Bayside $ .42 $ .01 $ .01 $ .01 $ .45 Blacl@water .42 .01. - - .43 Keinpsville .42 .01 oi .01 .45 LynnhavLn .42 .01 - .01 .44 Princess Anne .42 .01 - - ./@3 Princess Anne Mosquito .42 .01 - .01 .44 Pungo .42 .01 - - .43 Pungo @losquito .42 .01 - .01 .44 Virginia Beacli .42 - o4 .01 .47 The real property tax rate,, wliich liave been prescribed, in this sectioll , . I - -1- -1 @f tlie. fair inarket Sectioii 2. AMOI'@'T OF I-T,@\'Y O'q ITNEQITAIIX@ID !ITJ-,qITC L@EAI, ESTATE AS PROVIDED l@'01' TiN,-SECT-LO@'@ 58-512.1 (ii? TI!E CODF,@-.OF VIRGTNJA- 0 Aq There shall be levied and col.l.ected for @,lencral ptirposes for tlie first six months of the 1977 calendar yc@ar taxes on all Pliblic Service Real Propcrty, which has Tiot leen equalived as provided for in Section 58-512.1, of the Code of Virginia (1950), is amende(l, oii each oiic-. hundred dollars ($100) of assessed valtiation thereof based on the followiDg rates in accordance x,,ith Scctioii 58-51.4.2 of thu 1950 Code of Virginia as amended: Geiicral Six Borotigh Borotigh Mosquito Total I'at(@ Borough Go\,c-@rriment Scliool Debt D(,@bt Coiltrot 1977 Bayside $1.05 $ .03 $ .02 $ .03 $1.13 Blackwater 1.05 .03 - - 1.08 Keml3sville 1.05 .03 .02 .03 1.13 LyTinhaven 1.05 .03 - .03 1.11 Princess Anne 1.05 .03 - 1.08 Pungo 1.05 .03 - - 1.08 Virginia Beach 1.05 - .10 .03 I.!8 The real property tax rates iml,osed in this section shall be applied or the basis of forty perccntum of fair market value of sucli real prol)erty. Section 3. AMOIMT OF L,@ ON "CER'I'IFIET) POLLTITIOI CO AND FACILITTES" CLASSIFTED AS RT@"AL ESTATE. There shall be levied and collected for general purposes for tlie first six months of the 1977 calendar year taxes on all real estate certified by the CoiTmonx-7ealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, on each one hundred dollars ($100) of assessed valuation tliereof, based on tl-ic fol!@,win@@ rates: Gcn(iral Six B37.ou,,Il @lo.,;qlliLD TotaL L@@ILO Boroti[,Ii Govcrnncii L Scliool D@,@l,t7 D,@ 1) t CoTitrol 19;7 Baysi.de. $ .42 $ .01 $ .01 $ .01 $ .45 Blaclci.,,ater .42 .01 - - .43 I(empsville .42 .01 .01 .01 .45 Lynnhaven .42 .01 - .01 .44 Princess Arnie .42 .01 - - .14 3 Princess Anne lbsqllito .42 .01 - .01 .44 Pungo .42 .01 - - .43 Pi,ingo liosquito .42 .01 - .01 .414 Virginia Beach .42 - .04 .01 .47 The real property tax rates imposed in tliis sect.-.Ion shall bE, applied on tlie basis of orle liulicired percen.,Lim of f-,!.r i,,iLi)-kcl-- val@le of sticll real propcrty, Section 4. CONISTITUTTO@NALITY. That if an.y paxt or parts, section or scctionf,, seittences, clause or phrase of this Ordinance is for @iny reasoii declared to be unconstitutional or iiivalid, such decision shall iiot affect the validity of the r(-@i@iainiiig portion of this ordiiialice. Section 5. EFFI@CTTVE DA'CF,. This ordinaiice ;Iiall be in effect from and after the- date of its adoption. FIRST READING: April 18, 1977 SECOND READI@G: ITEM "-10710 On motion by Vice Mayor Standing, seconded by Councilman Griffin, and bY recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John A. Baum City Council voted to approve on first reading the following ordinance AN OI'F)IIIAINCE 0,4 PIOP@;I,'fY IIQD ivil) T()O@'S FOR CALE,'41)AR YI@AR 1977. BE IT ORDAINZD BY TIIE COIT@NTCIL 01@' Tll'@@' Cl'rY OF VIRGINIA BDICll, VIIIGIIIIA: Section 1. @IDITNT 01-' 1,EVY ON PTrSOY-All PROPEPJ@Y. There shall be levj-(,d and coll.ectcd for gc,.ncral purposcs for the 1977 calendar year taxes on all tangible personal propert@y, not exempt from taxatioii and not otlierwise provided for iii this orclinance, v@t tlie rate of six dollars ($6) on each one hulidred dollars ($100) of assessed valuati.oii tliereof. The rate imposcd by tbis sectloli sliall be applied on the basis of 457. of the ftir markcit N,,,il-ue of slicli personal property. Section 2, ]qT()U@%'T OF LI@@\ry ON C:I;@l,@I'AIN VEIIICI.I'S CT-kSll-fFll,',D AS PERSO'i\TAL PROPERTY US)@'D AS ]iC)I.Il@2.S OP, 01@'FICI.I@S. There shall be levied arL,3. collecte(I for gencral purposes for the calendar year 1977 taxes on all vehi.clc@s i-7itliotit niotor pox@er as defilied in Section 36-71 of the Code of Virgini-a (1950), as aniended, usod or designated to be used as mobile homcs or offices br for other ineans of habitation by any person, on each oiie lilindred clollars ($100) of assessed valuation thereof, based on the following tax ralcs: Borougli Total Rate 1977 Bayside $ .90 Blackwater .86 Kempsville .90 Lyiinhaven .88 Pri-ncess Anne .86 Priiicess Anne @losquito .88 Pungo .86 Puiigo Mosquito .88 Virgi.nia Beach .94 The personal property rates i,71iicli havo beCTI I)rescribcd iii this scction sliall be applied c)n the I)a,,is of oi:ic h,,iiidred p(,rcent:um of tl,.- fair value of sucli personal property. Secti.ola 3. @10liMT OF LT'@%TY ON AT,I, -IOATS OR I%fA]'JIRCRAI!7T T)TIDER FIVE TOI\'S BURTIIEN IJSI@'D FOR BIISINj,,SS There shall be I.evic@d aiid collc,,ctc--d for thL,. calendar year 1977 for gencral purposes taxes on all boats or W-Itercrctft under five toiis burthen tisecl for business or pleasure,at tlie rate of si.x doll.Lirs ($6) on each one hundred dollars ($100) of assessed valuation therc!of. Tlic! rate iniposed by this section sliall be on tl,@e basi., of forty-five percentum of tlie fair market value of such personal property. Section 4. A@TOIJNT OF 1,1@@VY ON "CL'I,'I'TFIT,'D POI,LUTTOI,\7 CON@'LL, QUII= AND FACTLITIES" GT,ASSIFIED AS 'rANIGIBT.E PERSONAT, PROPI-RTY. There shall be levied and collected for tlie calendar yeir 1977 taxcs on all tangible personal property certified ])y the CC)iTurionwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of six dollars ($6) on each one litiiidred dollars ($100) of assessed valuation thereof, for general purposes. Tlie rate imposed by this section shall be applied on tlie basis of 45% of the fair market value of such personal property. Section 5. AMOUNT OF LFVY ON @IACHTNERY AND TOOLS. There shall be levied and collected for tlie calendar year 1977 taxes on machinery and tools, not exempt froin taxation, at the rate of one dollat ($l) on each one hundred dollars ($100) of assessed valuation tliereof, for general purposes. The tax imposed by this section shall be applied on the basis of 45% of tlie fair niirkcit valur-, of sucli macliinc@ry and tools. Section 6. CONSTITLTI@lO@@.O@LITY. That if aiiy part or parts, scctio,,i or sections, sentences, clause or phrase of this ordinatice is for any reasoii declared to be unconstitutioiial or invalid, such decision sl)all not affc(,t tlie validity of the i:emaininl,, portions of tlli., ordinance. Secti.on 7. EFFECTIVE J)ATI,,. This ordinance sliall be i.n effect froiii and after the date of its adoption. FIRST READING: April 18, 1977 SECOND READING: ITEM #10711 COUNCILMAN WATERFIELD LEFT CHAMBERS On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., Goerge R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen John A. Baum, and Floyd E. Waterfield, Jr. City Council voted to approve the following resolution requesting funds for the preparation of construction drawings and specifications for several wastewater collection systerns within the City, with the RESOLUTION WHEREAS, the City of Virginia Beach has recently completed a Facility Plan for several potential health hazard areas within the City; and WHEREAS, the City of Virginia Beach is eligible to apply for Step II funds under Section 201 of the Federal Water Pollution Control Act Amend- ments of 1972 for the preparation of construction drawings and specifications; and WHEREAS, the application for Step II funds is contingent upon certifica- tion of the Facility Plan by the Virginia State Water Control Board and the United States Environmental Protection Agency; and WHEREAS, the estimated cost for the preparation of construction drawings and specifications and program administration is $B7,232 and the estimated local contribution for the program is $21,808; and WHEREAS, the Grant Application procedure requires the applicant to in- clude executed engineering agreements as deemed appropriate for the preparation of construction drawings and specifications; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIPGINIA BEACH: That the City Manager, George L. Hanbury, is hereby authorized and directed to cause such information or materials as may be necessary to be provided to the State Water Control Board and the Environmental Protection Agency to permit the formulation, approval and funding of the Step II Grant Application; AND BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to enter into agreements as deemed appropriate for the preparation of construction drawings and specifications; AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees to pay its share of the federal grant, either through monetary contribution or the pro- vision of in-kind services, in the amount of $21,808; AND BE IT FURTHER RESOLVED, that the State Water Control Board and the Environmental Protection Agency are respectfull'y requested to assist in the prompt approval and funding of the subject program in order that the public interests of this City may be best protected. APP TO CONTENTS SIGNATUkE CCI,4T@-NT t /@, I /- 7,7 DEPARTMENT E -@ To IOIM APPR@ C I T V@AMTATTOU R"N f Y APPROVED AS TO FORM @,@AIIIR@ CITY ATTOR!,I@Y