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Home My WebLink AboutOCTOBER 18, 1976 CITY OF VlkGINII BEICI MUNICIPAL CENTER "Q4'.,Id'i t ofity" VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B .... gh HENRY M,COY, J,., D.D.S., K@.p-ill@ B .... gh VICE MAYOR PATRICK L. STANDING, A@ L.,g@ MEYERA E. OBERNDORF, A, L.,g@ JOHN A. BAVM, B.,@.gh J. CURTIS PAYNE, P,i.@@,@ A.@@ B@,.@gh ROBERT B. CROMWELL, J,, A, L.,g@ ROGER L. RFGGS, Vi,gi@i. B@.,b B.-@gh GEORGE R. FERREI.I,, A, L.,g@ A G E N D A FLOYD E. WATERFIELD, J,., P.@,. B.,@.gb JOHN R. GRIFFIN, Ly.@b.,,,@ B.,@@gb R@CHARD J. WEBBON, Cily Cl@,k The City Council of the City of Virginia Beacli, Virginia, will assemble in tne Administration Building, Princess Anne Station, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on Monday, October 18, 1976, for the purpose of conducting public business and will hear and act upon the follow- ing items: 1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council Conference Room. 2. Roll Call of the Council. 3. 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 Couiicil Chambers. 4. Invocation will be given at 2:00 p.m. by the Reverend Robert B. Newland, St. Aidan's Episcopal Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6. Minutes of the Regular Meeting of October 11, 1976, 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 appropriate funds to provide services for the treatment and re- habilitation of alcoholic persons. 8. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the petition by resolution of the City Council of the City of Virginia Beach for a change of zoning from B-1 to R-8. City Council is further requested to approve the petition by resolution of the City Council of the City of Virginia Beacii for a change of zoning from R-8 to B-1. Both of these changes are to correct drafting errors wich had been carried over from previous years. Bayside Borough. 9. Letter from the City @'4anager transmitting the recommendation of the Planning Commission for approval of the petition of Lakeside Con- struction Corporation for a change of zoning from A-1 to R-5. (Fairfield Area). Kempsville Borough. 10. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Lee Bond, FOP Lodge #28 for a conditional use permit for a lodge. Kempsville Borough. 11. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Beth Sholom Home of Virginia, Inc. a Virginia non-stock corporation, for a conditional use permit for a 200 bed nursing home. (College Park area). Kempsville Borough. 12. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Exxon Corporation for a conditional use permit fo-r an automobile ser@rice station. (Woodhurst Area). Lynnhaven Borough. 13. Letter from the City Manager recommending approval of the following ordinances: a. Ordinance to amend and reordain Section 29-3 of the Code of the City of Virginia Beach, Virginia, relating to sewer installation fees. b. Ordinance to amend and reordain Section 37-30 of the Code of the City of Virginia Beach, Virginia, relating to water line fees. 14. Letter from the City Manager recommending approval of an ordinance appointing viewers for the closure of a portion of Old Virginia Beach Road (Virginia Beach Borough). 15. Letter from the City Nianager recommending approval of an ordinance appointing viewers for the closure of portions of streets on the Midway Plat (Kempsville Borough). 16. Letter from the City Manager recommending approval of the request of Mr. Ivan Mapp, Commissioner of Revenue for a business license refund in tiie amount of $25.00. 17. Letter from the City Manager recommending that City Council accept tiie low bid of Cardinal Building Corp. in the amount of $93,900.00 for tlie construction of a helicopter shop. We will reduce this figure to $81,148 by eliminating some asphalt work. Funds are available. 18. Letter from the City Manager recommending approval of the following Water/Sewer Agreements: Type Subdivision Water Haygood Shopping Center, Phase IV (Bayside Borough) Water & Sewer Willow Wood (Kempsville Borough) 19. Old business, deferted from the previous meeting, including any report of the Mayor or committees named by Council. 20. New business, including any presentations by Councilmen, citizens, and organizations. 21. Motion for adjournment. formal Council meeting. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA October 18, 1976 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, October 18, 1976, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, t4ayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: George R. Ferrell and J. Henry McCoy, Jr. ITEM #10142 Mayor 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 personnel matters, and real estate. On motion by Councilman Griffin, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Nleyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, JR. City Council voted to proceed into Executive Session after Informal Discussion. ITEM #10143 At 2:00 p.m., City Council reconvened in the Council Chambers with the following Council Members present: John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: George R. Ferrell and J. Henry McCoy, Jr. The invocation will be given by the Reverend Robert B. Newland, St. Aidan's Episcopal Church, followed by the Pledge of Allegiance. ITEM #10144 On motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council voted to approve the minutes of the regular meeting of October 11, 1976, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy, and noted that a correction was made to indicate that Councilwoman Oberndorf did not attend the Executive Session held on October 11, 1976, at the conclusion of the formal Council meeting. ITEM #10145 on motion by Councilwoman Oberndorf, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Council Members ' Jo-hn A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry @IcCoy, Jr. City Council approved on second reading the following ordinance to appropriate funds to provide services for the treatment and rehabilitation of alcoholic persons: AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE SERVICES FOR THE TREATMENT AND REHABILITATION OF ALCOHOLIC PERSONS WHEREAS, the City Council is interested in providing ser-vices for the treatment and rehabilitation of alcoholic persons and, WREREAS, the Bureau of Alcohol Studies and Rehabilitation has agreed to pay the city an amount not to exceed twenty one thousand, seven hundred twelve dollars and ninety two cents, (21,712.92). NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA: That funds to provide services for the treatment and rehabilitation of alcoholic persons be appropriated to the Department of Mental Health as follows: Salaries Alcohol Coordinator $14,400 Alcoholism Counselor 10,512 Clerk-Stenographer 6,144 Travel/Training/Supplies/Rent 3,000 Fringe Benefits 2,985 Total Budget $37@041 That appropriated funds for the purposes specified herein will be provided by the State $21,712, by transfer from the budget of the Health Department $14,290 and by transfer from the General Fund Reserve for Contingencies $1,039. First Reading:- October 11, 1976 Second Reading: October 18 , 1976 Petition by resozution of the City Councit of the City of Virginia Beach for a s ,qe of Zoning District CZas ification from B-Z Business-Resic-7entiaL Di at to R_8 ResidentiaZ District to correct a drafting error @,hich had been carried over from previous years on certain property located at the Southeast corner of Seaview Avenue and Lauderdaze Avenue, running a distance of IDO feet more or Zess along the South side of Lauderdale Avenue, run@lin,7 a distai2ce of 62 feet more or Zess along the Eastern property Zine, r,unning a distance of ZOO feet more or less along the Southern property Zine and running a distance of 75 feet more or Less azong the East side of Seaview Avenue, Saill parcel. con"ains 6860 sqztar@ j-ec-I more or 'less. P@ning co7mission Recounendation: A motion Las passed unanimouszy by the PLanning Comission by a recorded vote of 12 to approve this request. On motion by Councilman Cromwell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council voted to approve the petition by Resolution of the City Council of the City of Virginia Beach for a Change of Zoning District Classification from B-1 Business Residential District to R-8 Residential District to correct a drafting error which had been carried over from previous years: ORDINANCE UPON PETITION BY RESOLUTION OF Z01076198 THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 Business Residential District TO R-8 Residential District Be it ordained by the Council of the City of Virginia Beach, Virginia, that: Petition by resolution of the City Council of the City of Virginia Beach for a Change of Zoning District Classification from B-1 Business Residential District to R-8 Residential District to correct a drafting error which had been carried over from previous years on certain pro- perty located at the Southeast corner of Seaview Avenue and Lauderdale Avenue, running a distance of 100 feet more or less along the South side of Lauderdale Avenue, running a distance of 62 feet more or less along the Eastern property line, running a distance of 100 feet more or less along the Southern property line and running a distance of 7S feet more or less along the East side of Seaview Avenue. Said parcel contains 6850 square feet more or less. Bayside Borough This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of October, 1976. ITEM 910147 Petition by resolution of the City CounciL of the City of Virginia Beach for a Cha strict Classification from R-8 Residential District to B-1-B t a drafting error which had been carried over from previous years on certain property Zocated on the North side of Lookout Road beginning at a point 80 feet more or less Fast of Sea- view Avenue, running a distance pf 62 feet azong the Plorth side of Lookout Road, running a distance of ZOO feet along the Easterrz property Zine, running a distance of 62 feet azong the Northern property line and running a distance of 100 feet along the Weatern prooerty 'line. Saia varcel contains 6200 square feet more or Less. BAYSIDE BOROUGH. Planning Coumission Reconvnen@icn: A motion was passed unanimously by the PLanning Coumission by a recorded vote of 12 to approve this request. on motion by Councilman Cromwell, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R.Griffin, Mayor Clarenco A. @tolland, Meyera E-. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell, and J. Henry McCoy, Jr. City Council approved the following ordinance upon petition by Resolution of the City Council of the City of Virginia Beach for a Change of Zoning District Classification from R-8 Residential District to B-1 Business Residential District to correct a drafting etror which had been carried over from previous years: ORDINANCE UPON PETITION BY RESOLUTION OF THE Z01076199 CITY COUNCIL OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION. FROM R-8 Residential District TO B-1 Business Residential District Be it ordained by the Council of the City of Virginia Beach, Virginia, that: Petition by resolution of the City Council of the City of Virginia Beach for a Change of Zoning District Classification from R-8 Residential District to B-1 Business Residential District to correct a drafting error which had been carried over from previous years on certain property located on the North side of Lookout Road beginning at a point 80 feet more or less east of Seaview Avenue, running a distance of 62 feet along the North side of Lookout Road, running a distance of 100 feet along the Eastern property line, running a distance of 62 feet along the Northern property line and running a distance of 100 feet along the Western property line. Said parcel contains 6200 square feet more or less. Bayside Borough. This ordinance shall be effective from date of adoption. Adopted by the Council of the Citv of Virginia Beach, Virginia, on the 18 day of October, 1976 ITEM 910148 Petition of Lakeside Construction Corporation for a Chanqe of Zoning District Clas- sification from A-1 Apartment District to R-5 Residenti@a 6i-strict on certain prop- erty ocated on the West side of Lord Dunmore Drive beginning at a point 200 feet more or less North of Providence Road, running a distance of 500 feet along the Southern property line, running a distance of 800 feet more or less along the West- ern property line, running a distance of 480 feet more or less along the Northern property line of which 215 feet more or less is the South side of Beaumont Drive and running a distance of 800 feet more or less along the Eastern property line of which 535 feet more or- less is the West side of Lord Dunmore Drive. Said parcel contains 9.1/- acres. (Fairfield @@rea). KEMPSVILLE @@OROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Connission by a recorded vote of 13 to approve this request. 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 iniprovements as required by the Subdivision Ordinance. 2. City water and sewer. 3. There will be only one median opening permitted on Lord Dunmore Drive at the southern E!ntrance of the proposed subdivision which is to align with the en- trance to the shopping center on the east side of Lord Dunmore Drive. 4. The ditch along the western property line is to be piped.with an adequately sized storm drain and a drainage easement is to be provided. Mr. Joseph Lawler, Attorney, represented tlie petitioners On motion by Vice Mayor Standing, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council approved the following ordinance upon petition of Lakeside Construction Corporation for a Change of Zoning District Classification from A-1 Apartment District to R-5 Residential District: ORDINANCE UPON PEI'ITION OF LAKESIDE CONSTRUCTION Z010769,00 CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Apartment District TO R-5 Residential District Be it ordained by the Council of the City of Virginia Beach, Virginia, that: Petition of Lakeside Construction Corporation for a Change of Zoning District Classification from A-1 Apartment District to R-S l@esidential District on certain property located on the West side of Lord Dunmore Drive beginning at a point 200 feet more or less Nortil of Providence Road, running a distance of 500 feet along the Southern property line, rlinning a distance of 800 feet more or less along the Western property line, running a distance of 480 feet more or less along the Northern property line of which 21S feet more or less is tlie South side of Beaumont Drive and running a distance of 800 feet more or less along tlie Eastern property line of which 535 feet more or less is ITEM #10149 Application of Lee Bond, FOP Lodge #28, for a Conditional Use Permit for a lodge on certain property located on the South side of Bonney oa@egi-nning at a point 850 feet West of Bendix Road, running a distance of 80 feet along the South side of Bonney Road, running a distance of 248.30 feet along the Western property line, running a distance of 80 feet along the Southern property line and running a dis- tance of 248.30 feet along the Eastern property line. Said parcel contains 19,864 square feet. KEMPSVILLE BOROUGH. Planning Commission Reconnendation: A motion was passed unanimously by the Planning Commission by a recarded vote of 13 to approve this request. For the information of the applicant, prior to the issuance of a building pe-rmit, the following will be r6quired by the administrative staff: 1. Standard site improvements as required by th@ Site Plan Ordinance. 2. City water and sewer. 3. Provision of I parking space per 100 square feet of floor area. 4. Provision of a 5 foot temporary construction ea.sement along the 80 foot frontaqe on Bonney Road. Mr. Grover C. Wright, Jr., Attorney, reprcsented the applicant. on motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr. John R. Griffin, Mayor Clarence A. Holland, @leyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council adopted the following resolution upon application of Lee Bond, FOP Lodge #28, for a Conditional Use Permit for a iodge: RESOLUTION UPON APPLICATION OF LEE BOND FOP R01076082 LODGE #28, FOR A CONDITIONAL USE PERMIT FOR A LODGE Be it resolved by the Council of the City of Virginia Beach, Virginia, that: Application of Lee Bond, FOP Lodge #28, for a Conditional Use Permit for a lodge on certain property located on the South side of Bonney Road beginning at a point 850 feet West of Bendix Road, running a distance of 80 feet along the South side of Bonney Road, running a distance of 248.30 feet along the Western property line, running a distance of 80 feet along the Southern property line and running a distance of 248.30 feet along the Eastern property line. Said parcel contains 19,864 square feet. Kempsville Borough. For tlie information of the applicant, prior to the issuance of a building permit, tlie following will be required by the administrative staff 1. Standard site improvements as required by the Site Plan Ordinatic, 2. (-ity water and sewer 3. Provision of one (1) parking space per 100 square feet of floor area. 4. Provision of a five foot temporary construction easement along the 80 foot frontage on Bonney Road. This resolution shall be effective from date of adoption Adopted by the Council of the City of Virginia Beacli, Virginia, on the 18 day of October, 1976. ITEM #101SO Application of Beth Sholom Home of Virginia, Inc., a Virginia non-stock corporation, for a Conditional Use Permit for a 200 bed nursing home on certain property located at the Sout west c rne of C @ 7-ollege Park Boulevard and Auburn Drive, running a dis- tance of 650 feet more or less along the west side of College Park Boulevard, run- ning a distance of 253-10 feet along the Southern property line, running a distance of 659.59 feet in a Northwesterly direction, running a distance of 380 feet more or less along the Western property line and running a distance of 680 feet more or les@ along the South side c,f Auburn Drive. Said parcel contains 9.385 acres. (Col'@ege Park Area@l. KERAPSVILLE BOROUGH. Planning Comission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 13 to approve this request. 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. City water and sewer. 3. A detailed open space plan for the complete project should be submitted with future site plans. 4. The developers are to contribute one-fourth of the cost of the traffic signal at Auburn Drive and Military Highway. 5. The nursing home shall be limited to a maxinium of 200 beds. 6. There shall be at least one (1) parking space per four (4) resident beds. 7. Due to the limited fire-fighting apparatus access on thesouthern and western portions of this site as shown on the submitted site plan, the nursirig home shall have full sprinkler protection with smoke detectors. (Applicant should refer to BOCA Use Group I-2, Settions 1202.8 (sprinklers) and 1216.3.1 (auto alarm)). 8. There shall be no vehicular parking spaces allowed in the designated fire lanes as indicated on the submitted site plan. Mr. Thomas McFall, Attorney, represente(I the applicants On motion by Councilman Payne, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council adopted the following resolution upon application of Beth Sholom Home of Virginia, Incorporated, a Virginia non-stock corporation, for a Conditional Use Permit for a 200 bed nursing home: RESOLUTION UPON APPLICATION OF BETH SHOLOM R01076083 HO@IE OF VIRGINIA, INCORPOPATED, A VIRGINIA NON-STOCK CORPOPATION, FOR A CONDITIONAL USE PERMIT FOR A 200 BED NURSING HONIE. Be it resolved by the Council of the City of Virginia Beach, Virginia, that: Application of Beth Sholom Home of Virginia, Incorporated, a Virginia non-stock corporation, for a Conditional Use Permit for a 200 bed nursing home on certain property located at the Soutilwest corner of College Park Boulevard and Auburn Drive, running a distance of 6SO feet more or less along the West side of College Park Boulevard, running a distance of 253.10 feet along the Southern property line, running a distance of 6S9.S9 feet in a Northwesterly direction, running a distance of 380 feet more or less along the Western property line and running a distance of 680 feet more or less along the South side of Auburn Drive. Said parcel contains 9.385 acres. (College Park 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 site improvements as required by the Site Plan Ordinance. 2. City water and sewer 3. A detailed open space plan for the complete project should be submitted with future site plans. 4. The developers are to contribute one-fourth of the cost of the traffic signal at Auburn Drive and Military Highway 5. The nursing home shall be limited to a maximum of 200 beds. 6. There shall be at least one (1) parking space per four (4) resident beds. 7. Due to the limited fire-fighting apparatus access on the southern and western portions of this site as shown on the submitted site plan, the nursing home shall have full sprinkler protection with smoke detectors. (Applicant should refer to BOCA Use Group I-2, Sections 1202.8 (sprinklers) and 1216.3.1 (auto alarm). 8. There shall be no vehicular parking spaces allowed in the designated fire lanes as indicated on submitted site plan. This resolution shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 18 day of October, 1976 ITEM #101SI Application of Exxon Corporation for a Conditional Use Permit for an automobile service station on certain property locate at t e Ro-rtFeas-t corner of Great Neck Road and First Colonial Road (Relocated), running a distance of 175 feet along the East side of Great Neck Road, running a distance of 175 feet along the Northern property line, running a distance of 175 feet along the Eastern property line and runnin a distance of 1,75 feet along the North side of First Colonial Road (Relocated@. Said property contains 30,625 square feet. (Woodhurst Area) ... LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to deny this request. It was felt that this application is premature until a plan is submitted for the remainder of this 27 acre parcel. Mr. James Pickrell, Attorney, represented the applicants On motion by Councilman Griffin, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. liolland, Nleyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council voted to adopt the following resolution upon application of Exxon Corporation for a Conditional Use Permit for an automobile service station: RESOLUTION UPON APPLICATION OF EXXON R01076084 CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION Be it resolved by the Council of the City of Virginia Beach, Virginia, that: Application of Exxon Corporation for a Conditional Use Permit for an automobile service station on certain property located at the Northeast corner of Great Neck Road and First Colonial Road (Relocated) running a distance of 17S feet along the East side of Great Neck Road, running a distance of 175 feet along the Northern property line, running a distance of 175 feet along the Eastern property line and running a dis tance of 175 feet along the North side of First Colonial Road (Relocated) Said property contains 30,62S square feet. (Woodhurst Area). Lynnhaven Borougli. 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 2. City water and sewer 3. This site shall be revised to indicate ingress and egress drives of 3S feet between curb islands 4. The site plan shall conform to all requirements as listed i.n Article 2, Section 224 of the Comprehensive Zoning Ordinance. This resolution shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on tlie 18 day of October, 1976. ITEM #10152 On motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council voted to approve the following ordinance to amend and reordain Section 29-3 of the Code of the City of Virginia Beach, Virginia, relating to sewer installation fees: AN ORDINANCE TO AMEND AND REORDAIN SECTION 29-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO SEWER INSTALLATION FEES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 29-3 of the Code of the City of Virginia Beach is amended as follows: Section 29-3. Fees. The following sewer connection and installation fees shall be paid: (a) Connection to a city sewer line (tap fee): 4" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ioo.oo 6" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00 Tap in excess of 6 ... . . . . . . . . . . . . . . Cost.of labor and materials plus 20% of such cost The following fees shall also be applicable to presently connected uses or structures whenever a present use or structure is expanded, changed or modified. In such cases, the fees shall be determined on the basis of the total proposed new uses or structures, less a credit for the presently existing uses or structures at current rates: (b) Property owners' share of system installation, where connection is made to a line or pumping station being a part of the system within the City installed or purchased by the City (line fee); (1) Single family residences, for the first 100' frontage of parcel, or portion thereof . . . . . . . . . . . . $720.00 For each foot of frontage in excess of 1001, per foot . . . . . $ 9.00 In cases where the front footage is 1.5 or more times greater than the rear yard footage, or vice versa, the front footage for the purposes of this subsection shall be determined by adding the front and rear yard lengths and dividing that sum by 2. Whenever a sewer line is located on two sides of a parcel, the shorter side shall be the one upon which the determination of front footage shall be calculated. Whenever a line is located on only one side of a parcel, that side shall be used for the purpose of front footage. (2) Motels, and hotels, and structures with two or more family residential units: For the first unit . . . . . . . . . . . . . . . . . . . $720.00 For the next units to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $220.00 For the next units from 13-24 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $440.00 For the next units from 25-36 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $650.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes; per room (Calculated at two beds = one room) . . . . . . . . . . . . . . $155.00 (4) Trailers; per space . . . . . . . . . . . . . . . . . . . . . . $220.00 (5) Professional and office buildings; per 600 square feet of building area . . . . . . . . . . . . . . . . I. . . . . . $155.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . . . . . . . . . $ .10 (7) Industrial, manufacturing, wholesale, assembly, processing and distribution facilities, domestic use; per square foot of floor space . . . . . . . . . . . . . . $ .10 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place; per square foot of floor space . .,@ . . . . . . . . . . . . . . . . . . . . . . . . . . $ .02 (8) Restaurants - Establishments serving prepared food and drink: For establishments with 1-10 seats; . . . . . . . . . . . . . @ $720.00 For establishments with 11-49 seats . . . . . . . . . . . . . . $720.00 plus fee per seat . . . . . I . . $ 20.00 For establishments with @O.sLa-ts.o.r m-o-re.; -fe-e p'e.r seat $ 35.00 (9) In all cases where the use or structure has not been described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall first be determined by the Department of Public Utilities, based on similar actual flows of comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then (ii) This estimated daily flow will be divided by 400, yielding a demand units figure; then (iii) This demand units figure will be multiplied by the fee applicable to a single family residence. (c) Property owners' share of system installation costs where connection is made to a line or pump station being a part of a system within the City installed or pur- chased overall in part by the city and in part by another party or parties. These fees shall only apply when the property to be served is a portion of the original property for which the sewer lines were installed by the private party or parties. Further, fees in this section (c) shall not apply where connection is made to lines purchased by the City of Virginia Beach. (1) Single family residences; each . . . . . . . . . . . . . . $150.00 -2- (2) Motels and hotels, and structures with two or more family residential units: For the first units up to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $Joo.oo For all units over 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $150.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes; per room (calculated at two beds = one room) . . . . . . . . . . . . . . $ 75.00 (4) Trailers; per space . . . . . . . . . . . . . . . . . . . . . . $100.00 (5) Professional and office buildings; per 600 square feet . . . . . . . . . . . . . . . . . . . . $ 75.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . . . . . . . . . . $ .03 (7) Industrial, manufacturing, wholesale, assembly, processing and distribution facilities, domestic use; per square foot of floor space . . . . . . . . . . . . . . $ .03 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place; fee per square foot of floor space . . . . . . . . . . . . . . . . . . . . . . . . . . $ .01 (8) Restaurants - Establishments serving prepared food and drink: For establishment with 1-10 seats; Total fee . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 For establishments with 11-49 seats . . . . . . . . . . . . . . $150.00 Plus fee per seat . . . . . . . . . . . . . . . . . . . . . . $ 4.00 For establishments with 50 seats or more; Fee per seat . . . . . . . . . . . . . . . . . . . . . . . . $ 7.00 (9) In all cases where the use or structure has not been described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall first be determined by the Department of Public Utilities, based on similar actual flows for comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then (ii) This estimated daily flow will be divided by 400, yielding a demand units figure; then (iii) This demand units figure will be multiplied by the fee applicable to a single family residence. -3- (2) Motels and hotels, and structures with two or more family residential units: For the first units up to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $100.00 For all units over 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $150.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes; per room (calculated at two beds = one room) . . . . . . . . . . . . . . $ 75.00 (4) Trailers; per space . . . . . . . . . . . . . . . . . . . . . . $100.00 (5) Professional and office buildings; per 600 square feet . . . . . . . . . . . . . . . . . . . . $ 75.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . . . . . . . . . . $ .03 (7) Industrial, manufacturing, wholesale, assembly, processing and distribution facilities, domestic use; per square foot of floor space . . . . . . . . . . . . . . $ .03 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place; fee per square foot of floor space . . . . . . . . . . . . . . . . . . . . . . . . . .$ .01 (8) Restaurants - Establishments serving prepared food and drink: For establishment with 1-10 seats; Total fee . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 For establishments with 11-49 seats . . . . . . . . . . . . . . $150.00 Plus fee per seat . . . . . . . . . . . . . . . . . . $ 4.00 For establishments with 50 seats or more; Fee per seat . . . . . . . . . . . . . . . . . . . . . . . . $ 7.00 (9) In all cases where the use or structure has not been described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall first be determined by the Department of Public Utilities, based on similar actual flows for comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then (ii) This estimated daily flow will be divided by 400, yielding a demand units figure; then (iii) This demand units figure will be multiplied by the fee applicable to a single family residence. -3- (d) Special sewer line fee for seasonally operated camp sites, parks connected to any main or interceptor; per camp space . . . . . . . . . . $100.00 (Provided that to obtain such fee, the owner shall enter into a contract with the city providing that at such future time that the camp park is converted to year round use, fees specified in paragraphs (b)(4) or (c)(4) shall be applicable and the owner shall pay the difference in such fees at time of conversion to year round use.) (e) Special sewer line fee for industrial users of process water when connected to any main or interceptor. Where process water is used, the line fee for the total water use, both process and domestic, shall be based on the following schedule, except that it shall not be less than in paragraphs (b)(7) or (c)(7): 0 to 20,000 gallons per day = $205 per 400 gallons 20,001 to 25,000 gallons per day = 40 cents per gallon 25,001 to 50,000 gallons per day = 30 cents per gallon 50,001 to 75,000 gallons per day = 15 cents per gallon All over 75,000 gallons per day = 6 cents per gallon In order to obtain the special rates, the owner shall pay an original fee based on the estimated flow for the first year; and he shall enter into a contract with the city wherein the owner shall agree to pay fees for additional flows not previously paid for as determined by average annual metered flow. (f) In no event shall any line fee for any purpose enumerated in paragraphs (b) through (e) above be less than the amount calculable if the fees in question were to be determined for a single family residence. Where more than one use or more than one structure is to occur on a single parcel of land, the minimum amount shall apply separately to each individual use or structure. (g) No building permit shall be valid nor shall any water or sewer tap be in- stalled for any property until fees provided for in this section shall have been paid. (h) In the case of existing contract agreements between owners and the city regarding fees and waiver of fees, such agreements shall remain in effect. (i) The Director of Public Utilities is hereby authorized to accept on behalf of the city notes for the payment of such line fees as are due. The terms of such notes shall be one fourth of the payment given as a down payment. with the remainder payable in three equal, annual installments at a rate of interest of eight percent per annum. Provided, however, that any customer who is chartered under the regulations of the Internal Revenue Service as a non-profit organization and can prove such status, the terms of the note to be accepted may provide for a one-fifth down payment, with the balance due in four equal,annual installments, with a rate of interest at eight per- cent per annum. (i) The rates set forth herein shall be applicable to service that is contracted for within sixty (60) days after the completion in ground of any future sewer line designed for the use of the affected property. Adopted by the Council of the City of Virginia Beach, Virginia, on the I 8th day of October 1976. AB/ci 9/ 29/ 76 -4- I Itili 11 lulb@) On motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council voted to approve the following ordinance to amend and reordain Section 29-3 of the Code of the City of Virginia Beach, Virginia, relating to sewer installati.on fees: AN ORDINANCE TO AMEND AND REORDAIN SECTION 29-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO SEWER INSTALLATION FEES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 29-3 of the Code of the City of Virginia Beach is amended as follows: Section 29-3. Fees. The following sewer connection and installation fees shall be paid: (a) Connection to a city sewer line (tap fee): 4" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00 6" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135.00 Tap in excess of 6.. . . . . . . . . . . . . .Cost of labor and materials I plus 25% of such cost The following fees shall also be applicable to presently connected uses or structures whenever a present use or structure is expanded, changed or modified. In such cases, the fees shall be determitied on the basis of the total proposed new uses or structures, less a credit for the presently existing uses or structures at current rates: (b) Property owners' share of system installation, where connection is made to a line or pumping station being a part of the system within the City installed or purchased by the City (line fee): (1) Single family residences, for the first 100' frontage of parcel, or portion thereof . . . . . . . . . . . $780.00 For each foot of frontage in excess of 100'; per foot . . . . $ 10.00 In cases where the front footage is 1.5 or more times greater than the rear yard footage, or vice versa, the front footage for the purposes of this subsection shall be detemined by adding the front and rear yard lengths and dividing that sum by 2. Whenever a sewer line is located on two sides of a parcel, the shorter side shall be the one upon which the determination of front footage shall be calculated. Whenever a line is located on only one side of a parcel, that side shall be used for the purpose of front footage. (2) Motels, and hotels, and structures with two or more family residential units: For the first unit . . . . . . . . . . . . . . . . . . . . . $780.00 For the next units to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . $240.00 For the next units froni 13-24 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . @475.00 For the next units from 25-36 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . $710.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes; per room (Calculated at two beds = one room) . . . . . . . . . . . . . $170.00 (4) Trailers; per space . . . . . . . . . . . . . . . . . . . . . $240.00 (5) Professional and office buildings; per 600 square feet of building area . . . . . . . . . . . . . . . . . . . . . . $170.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . . . . . . . . . $ .11 (7) Industrial, manufacturing, wholesale, assembly, processing and distribution facilities, domestic use; per square foot of floor space . . . . . . . . . . . . . $ .11 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place; per square foot of floor space . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .02 (8) Restaurants - Establishments serving prepared food and drink: For establishments with 1-10 seats . . . . . . . . . . . . . $780.00 For establishments with 11-49 seats . . . . . . . . . . . . . $780.00 plus fee per seat . . . . . . . . . . . . . . . . . . . . $ 22.00 For establishments with 50 seats or more; fee per seat . . . $ 38.00 (9) In all cases where the use or structure has not been described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall first be determined by the Department of Public Utilities, based on similar actual flows of comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then (ii) This estimated daily flow will be divided by 400, yielding a demand units figure; then (iii) This demand units figure will be multiplied by the fee applicable to a single family residence. (c) Property owners' share of system installation costs where connection is made to a line or pump station being a part of a system within the City installed or purchased overall in part by the city and in part by another party or parties. These fees will be applied only when the property to be served is a portion of the original property for which the sewer lines were installed by the private party or parties. Further, fees in this section (c) shall not apply where connection is made to lines purchased by the City of Virqinia Beach: ,2- (I ) Single family residences; each . . . . . . . . . . . . . . . $150.00 (2) Motels and hotels, and structures with two or more family residential units: For the first units up to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . $100.00 For all units over 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . $150.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes; per room (Calculated at two beds = one room) . . . . . . . . . . . . . $ 75.00 (4) Trailers, per space . . . . . . . . . . . . . . . . . . . . . $ioo.oo (5) Professional and office buildings; per 600 square feet . . . . . . . . . . . . . . . . . . .$ 75.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . . . . . . . . $ .03 (7) Industrial, manufacturing, wholesale, assembly, processing and distribution facilities, domestic use; per square foot of floor space . . . . . . . . . . . . . $ .03 Separate warehouse facilities used for storage only where no industrial, manufacturing or processing takes place; fee per square foot of floor space . . @ . . . . . . . . . . . . . . . . . . . . . $ .01 (8) Restaurants Establishments serving prepared food and drink: For establishments with 1-10 seats; total fee . . . . . . . . . . . . . . . . . . $150.00 For establishments with 11-49 seats $150.00 plus fee per seat . . . . . . . . . . . . . . . . . . . . $ 4.00 For establishments with 50 seats or more; fee per seat . . . . . . . . . . . . . . . . . . . . . . $ 7.00 (9) In all cases where the use or structure has not been described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall be first determined by the Department of Public Utilities, based on similar actual flows for comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then (ii) This estimated daily flow will be divided by 400 yieldinq a demand units figure; then -3, (iii) This demand units figure will be multiplied by the fee applicable for a single family residence. (d) Special sewer line fee for seasonably operated camp sites, parks connected to any main or interceptor; per camp space . . . . . . . $100.00 (Provided that to obtain such fee, the owner shall enter into a contract with the city providing that at such future time that the camp park is converted to year round use, fees specified in paragraphs (b)(4) or (c)(4) shall be applicable and the owner shall pay the difference in such fees at time of conversion to year round use.) (e) Special sewer line fee for industrial users of process water when connected to any main or interceptor: Where process water is used, the line fee for the total water use, both process and domestic, shall be based on the following schedule, except that it shall not be less than in paragraphs (b)(7) or (c)(7): 0 to 20,000 gallons per day = $205 per 400 gallons 20,001 to 25,000 gallons per day = 40 cents per gallon 25,001 to 50,000 gallons per day = 30 cents per gallon 50,001 to 75,000 gallons per day = 15 cents per gallon All over 75,000 gallons per day = 6 cents per gallon In order to obtain the special rates, the owner shall pay an original fee based on the estimated flow for the first year; and he shall enter into a contract with the city wherein the owner shall agree to pay fees for additional flows not previously paid for as determined by average annual metered flow, (f) In no event shall any line fee for any purpose enumerated in paragraphs (b) through (e) above be less than the amount calculable if the fees in question were to be detemined for a single family residence. Where more than one use or more than one structure is to occur on a single parcel of land, the minimum amount shall apply separately to each individual use or structure. (g) No building permit shall be valid nor shall any water or sewer tap be in- stalled for any property until fees provided for in this section shall have been paid, (h) In the case of existing contract agreements between owners and the city regarding fees and waiver of fees, such agreements shall remain in effect. (i) The Director of Public Utilities is hereby authorized to accept on behalf of the city notes for the payment of such line fees as are due, The terms of such notes shall be one fourth of the payment given as a down payment. with the remainder payable in three equal, annual installments at a rate of interest of eight percent per annum. Provided, however, that any customer who is chartered under the regulations of the Internal Revenue Service as a non-profit organization and can prove such status, the tems of the note to be accepted may provide for a one-fifth down payment, with the balance due in four equal, annual installments, with a rate of interest of eight percent per annum. (i) The rates set forth herein shall be applicable to service that is contracted for more than sixty (60) days after the completion in ground of any future sewer line designed for the use of the affected property, and on all existing sewer lines. Adopted by the Council of the City ofvirginia Beach, Virginia, on the 18th day of October 1976. AB/ci 10/1/76 -4- lit@t l@lUi@4 On motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr,, John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterficid, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council voted to approve the following ordinance to amend and reordain Section 37-30 of the Code of the City of Virginia Beach, Virginia, relating to water line fees: AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-30 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO WAFER LINE FEES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-30 of the Code of the City of Virignia Beach, Virginia, is amended as follows: Section 37-30. Fees. The following water line connection and installation fees shall be paid: (a) Connection to a city water line (tap fee): 3/4" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $210.00 1" Tap .. . .@ * * - * * * @ * * * * * , * * * * * , * * * @ * , @ $270.00 Tap in excess f i . . . . . . . . . . . . . . . Cost of labor and materials plus 25% of such cost. For 11/2" taps, $720.00 shall be placed in escrow by the applicant and $840.00 for 2" taps shall be placed in escrow at the time of application. For taps in excess of 2@', the amount placed in escrow shall be based on estimate of costs by the Director of Public Utilities. In any case where fees are paid by check and the check is returned for insufficient funds, the tap shall not be installed or if already installed, the water service shall be discontinued until full payment is received. The following fees shall also be applicable to presently connected uses or struc- tures whenever a present use or structure is expanded, changed or modified. In such cases, the fees shall be determined on the basis of the total proposed new uses or structures, less a credit for the presently existing uses or structures at current rdtes: (b) Property owners' share of system installation, where connection is made to a line or pumping station being a part of the system within the City installed or purchased by the City (line fee): (1) Single family residences, for the first 100' frontage of parcel, or portion thereof . . . . . . . . . . . . $480.00 For each foot of frontage in excess of 100', per foot . . . . $ 4.80 In cases where the front footage is 1.5 or more times greater than the rear yard footage, or vice versa, the front footage for the purposes of this subsection shall be deteriflined by adding the front and rear yard lengths and dividing that sum by 2. Whenever a water line is located on two sides of a parcel, the shorter side shall be the one upon which the determination of front footage shall be calculated. Whenever a line is located on only one side of a parcel, that side shall be used for the (2) Motels, hotels and structures with two or more family residential units: For the first unit . . . . . . . . . . . . . . . . . . . . . . $480.00 For the next units to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . .$150.00 For the next units from 13-24 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . .$300.00 For the next units from 25-36 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . .$450.00 For all units over 36 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . .$480.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes, per room (Calculated at 2 beds = 1 room) . . . . . . . . . . . . . . . $120.00 (4) Trailers, per space . . . . . . . . . . . . . . . . . . . . . $150.00 (5) Professional and office buildings, per 600 square feet of building area . . . . . . . . . . . . . . . . . . . $120.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . $ .085 (7) Industrial manufacturing, wholesale, assembly, processing and distribution facilities domestic use; fee per square foot of floor space . . . . . . . . . . . . . . . . . . . . . $ .085 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place shall pay a fee of $.02 per square foot of floor space. (8) Restaurants - Establishments serving prepared food and drink: For establishments with 1-10 seats . . . . . . . . . . . . . . $480.00 For establishments with 11-49 seats . . . . . . . . . . . . . $480.00 plus fee per seat . @ * * @ - * * * * * - - - - - - - $ 14.00 For establishments with 50 seats or more; f@e p;r s;at . . . . $ 24.00 (9) In all cases where the use or structure has not been described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall first be determined by the Department of Public Utilities, based on similar actual flows of comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then (ii) This estimated daily flow will be divided by 400, yielding a demand units figure; then (iii) Thi, demand units figure will be multiplied by the fee applicable to a single family residence. -2- (c Propet,ty owners' share of system installation costs whet-e -unrie--tiori is 1, iiiade to line or punip station being a part of a system within the citv installed c@ pur-c@iased overall in part by the cityandin part by another r)arty o@, pirti(,s. I These fees shall only apply when the property to be se@,,i(-@d is i portion of ttie original property for which the sewer lines were installed t).y t@i,-. private 1),,rly or pdr,ties. Further, fees in this section (c) shall not apply w@ie-re. conne,,' 'S iii,ide to lines purchased by the City of Virginia Beach. (1) Single-family residence; each . . . . . . . . . . . . . . . .$190.(-.-) (2) Motels, hotels and structures with two or more family residential units- For the first units up to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . .$ 95.00 For all units over 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . .$190.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes; per room (Calculated at 2 beds = 1 room) . . . . . . . . . . . . . . .$ 9L,.OO (4) Trailers; per space . . . . . . . . . . . . . . . . . . . . .$ 95.00 (5) Professional and office buildings; per 600 square feet of building area . . . . . . . . . . . . . . . . . . .$ 95.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . . . . . .$ .03 (7) Industrial manufacturing, wholesale, assembly, processing and distribution facilities domestic use fee; per square foot of floor space . . . . . . . . . . . . . . . . . . . . .$ .03 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place shall pay a fee of $.01 per square foot of floor space. (8) Restaurants - Estalbishments serving prepared food and drink: For establishments with 1-10 seats; total fee . . . . . . . . . . . . . . . . . . . . . . . . .$190.00 For establishments with 11-49 . . . . . . . . . . . . . . . .$190.00 plus fee per seat . . . . . . . . . . . . . . . . . . . . .$ 6.00 For establishments with 50 seats or more; fee per seat . . . .$ 10.00 (9) In all cases where the use or structure has not been desc@-ibed hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall first be dtennined by the Department of Public Utilities, based on similar actual flows for comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estiniated flow; then -3- (ii) This estirlated daily flow will be divided by 400, yielding a demand units figure; then (iii) This demand units figure will be multiplied by the fee applicable to a single family residence. (d) Special line fee for seasonally operated camp site parks connected to any city water main: Per camp space . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65.00 Provided that to obtain such fee, the owner shall enter into a contract with the city providing that at such future time that the camp park is converted to year- round use, fees specified in paragraphs (b)(4) or (c)(4) of this section shall become applicable and the owner shall pay the difference in such fees at time of conversion to year-round use. (e) Special line fee for industrial users of process water when connected to any city main: Where process water is used, the line fee for the total water used, both process and domestic, shall be based on the follow- ing schedule, except that it shall not be less than provided under paragraphs (b)(1) or (c)(1) of this section, whichever may be applicable: 0 to 20,000 gallons per day = $190 per 400 gallons. 20,001 to 25,000 gallons per day = 40 cents per gallon. 25,001 to 50,000 gallons per day = 28 cents per gallon. 50,001 to 75,000 gallons per day = 14 cents per gallon. All over 75,000 gallons per day = 5 cents per gallon. In order to obtain this special rate, the owner shall pay an original fee based on the estimated flow for the first year and shall enter into a contract with the city wherein the owner shall agree to pay fees for additional flows not previously paid for as determined by annual average metered flow. (f) In no event shall any line fee for any purpose enumerated in paragraphs (b) through (e) above be less than the amount calculable if the fees in question were to be determined for a single-family residence. Where more than one use or more than one structure is to occur on a single parcel of land, the minimum amount shall apply separately to each individual use or structure. (g) No building pernit shall be valid nor shall any water or sewer tap be in- stalled for any property until fees provided for in this section shall have been paid. (h) In the case of existing contract agreements between owners and the city regarding fees and waiver of fees, such agreements shall remain in effect. (i) The Director of Public Utilities is hereby authorized to accept on behalf of the city notes for the payment of such line fees as are due. The terms of such notes shall be one fourth of the payment given as a down payment, with the reinainder payable in three equal, annual installments at a rate of interest of eight percent per annum. Provided, however, that any customer who is chartered under the regulations of the Internal Revenue Service as a non-profit organization and can prove such status, the terms of the note to be accepted may provide for a one-fifth down payment, with the balance due in four equal, annual installments, with a rate of interest at eight percent per annum. -4- (k) The rates set forth herein shall be effective on all service that is contracted for within sixty days after the completion in ground of any future water lines designed for the use of the affected property. This ordinance shall be effective as of Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th day of October 1976. ITEM #IOISS on motion by Councilman Waterfield, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council voted to approve the following ordinance to amend and reordain Section 37-30 of the Code of the City of Virginia Beach, Virginia, relating to water line fees: Ai@/@ j lo/../ 76 AN ORDINANCE TO AMEND AND REORDAIN SECTION 37-30 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO WATER LINE FEES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 37-30 of the Code of the City of Virignia Beach, Virginia, is amended as follows: Section 37-30. Fees. The following water line connection and installation fees shall be paid: (a) Connection to a city water line (tap fee): 3/4" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . $220.00 1" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $285.00 Tap in excess of 1 .. . . . . . . . . . . . . . . Cost of labor and materials plus 25% of such cost. For 11/2" taps, $750.00 shall be placed in escrow by the applicant and $875.00 for 2" taps shall be placed in escrow at the time of application. For taps in excess of 2", the amount placed in escrow shall be based on estimate of costs by the Director of Public Utilities. In any case where fees are paid by check and the check is returned for insufficient funds, the tap shall not be installed or if already installed, the water service shall be discontinued until full payment is received. The following fees shall also be applicable to presently connected uses or struc- tures whenever a present use or structure is expanded, changed or modified. In such cases, the fees shall be determined on the basis of the total proposed new uses or structures, less a credit for the presently existing uses or structures at current rates: (b) Property owners' share of system installation, where connection is made to a line or pumping station being a part of the system within the City installed or purchased by the City (line fee): (1) Single family residences, for the first 1001 frontage of parcel, or portion thereof . . . . . . . . . . . . $500.00 For each foot of frontage in excess of 100', per foot . . . . $ 5.00 In cases where the front footage is 1.5 or more times greater than the rear yard footage, or vice versa, the front footage for the purposes of this subsection shall be detemined by adding the front and rear yard lengths and dividing that sum by 2. Whenever a water line is located on two sides of a parcel, the shorter side shall be the one upon which the determination of front footage shall be calculated. Whenever a line is located on only one side of a parcel, that side shall be used for the purpose of front footage. (2) Motels, hotels and structures with two or more family residential units: For the first unit . . . . . $500.00 For the next units to 12 unit; *pe; ,c;e'd;n;i*ty'; per unit or fraction thereof . . . . . . . . . . . . . . . . $160.00 For the next units from 13-24 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $315.00 For the next units from 25-36 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $470.00 For all units over 36 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . . $500.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes, per room (Calculated at 2 beds = 1 room) . . . . . . . . . . . . . . . .$125.00 (4) Trailers, per space . . . . . . . . . . . . . . . . . . . . . $160.00 (5) Professional and office buildings, per 600 square feet of building area . . . . . . . . . . . . . . . . . . . $125.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . $ .09 (7) Industrial manufacturing, wholesale, assembly, processing and distribution facilities domestic use; fee per square foot of floor space . . . . . . . . . . . . . . . . . . . . . $ .09 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place shall pay a fee of $.02 per square foot of floor space. (8) Restaurants - Establishments serving prepared food and drink: For establishments with 1-10 seats . . . . . . . . . . . . . . $500.00 For establishments with 11-49 seats . . . . . . . . . . . . . $500.00 plus fee per seat . . . . . . . . . . . . . . . . . . . . . $ 15.00 For establishments with 50 seats or more; fee per seat . . . . $ 25.00 (9) In all cases where the use or structure has not been described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall first be determined by the Department of Public Utilities, based on similar actual flows of comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then (ii) This estimated daily flow will be divided by 400, yielding a demand units figure; then (iii) This demand units figure will be multiplied by the fee applicable to a single family residence. -2- (c) Property owners' share of system installation costs where connection is made to a line or pump station being a part of a system within the city installed or purchased overall in part by the city and in part by another party or parties. These fees shall only apply when the property to be served is a portion of the original property for which the sewer lines were installed by the private party or parties. Further, fees in this section (c) shall not apply where connection is made to lines purchased by the City of Virginia Beach. (1) Single-family residence; each . . . . . . . . . . . . . . . .$190.00 (2) Motels, hotels and structures with two or more family residential units: For the first units up to 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . .$ 95.00 For all units over 12 units per acre density; per unit or fraction thereof . . . . . . . . . . . . . . . .$190.00 Where more than one use occurs on a parcel, density for motels, hotels or multifamily shall be based on the land area of the entire parcel excluding the square footage occupied by all other existing uses. (3) Nursing and convalescent homes; per room (Calculated at 2 beds = 1 room) . . . . . . . . . . . . . . .$ 95.00 (4) Trailers; per space . . . . . . . . . . . . . . . . . . . . .$ 95.00 (5) Professional and office buildings; per 600 square feet of building area . . . . . . . . . . . . . . . . . . .$ 95.00 (6) Retail stores and shopping centers; per square foot of floor space . . . . . . . . . . . . . . . . . . . .$ .03 (7) Industrial manufacturing, wholesale, assembly, processing and distribution facilities domestic use fee; per square foot of floor space . . . . . . . . . . . . . . . . . . . . .$ .03 Separate warehouse facilities used for storage only where no industrial, manufacturing, or processing takes place shall pay a fee of $.01 per square foot of floor space. (8) Restaurants - Estalbishments serving prepared food and drink: For establishments with 1-10 seats; total fee . . . . . . . . . . . . . . . . . . . . . @ . . $190.00 For establishments with 11-49 . . . . . . . . . . . . . . . .$190.00 plus fee per seat . . . . . . . . . . . . . . . . . . . . .$ 6.00 For establishments with 50 seats or more; fee per seat . . . .$ 10.00 (9) In all cases where the use or structure has not been described hereinabove, line fees for the building, structure, addition, modification or expansion thereto shall be computed as follows: (i) The estimated daily flow of the proposed use shall first be dtemined by the Department of Public Utilities, based on similar actual flows for comparable uses, taking into account the hours of operation, type of use, location and other criteria determinative of estimated flow; then -3- (ii) This estimated daily flow will be divided by 400, yielding a demand units figure; then (iii) This demand units figure will be multiplied by the fee applicable to a single family residence. (d) Special line fee for seasonally operated camp site parks connected to any city water main: Per camp space . . . . . . . . . . . . . . . . . . . . . . . . . . . @ 70.00 Provided that to obtain such fee, the owner shall enter into a contract with the city providing that at such future time that the camp park is converted to year- round use, fees specified in paragraphs (b)(4) or (c)(4) of this section shall become applicable and the owner shall pay the difference in such fees at time of conversion to year-round use. (e) Special line fee for industrial users of process water when connected to any city main: Where process water is used, the line fee for the total water used, both process and domestic, shall be based on the follow- ing schedule, except that It shall not be less than provided under paragraphs (b)(1) or (c)(1) of this section, whichever may be applicable: 0 to 20,000 gallons per day = $190 per 400 gallons. 20,001 to 25,000 gallons per day = 40 cents per gallon. 25,001 to 50,000 gallons per day = 28 cents per gallon. 50,001 to 75,000 gallons per day = 14 cents per gallon. All over 75,000 gallons per day = 5 cents per gallon. In order to obtain this special rate, the owner shall pay an original fee based on the estimated flow for the first year and shall enter into a contract with the city wherein the owner shall agree to pay fees for additional flows not previously paid for as determined by annual average metered flow. (f) In no event shall any line fee for any purpose enumerated in paragraphs (b) through (e) above be less than the amount calculable if the fees in question were to be determined for a single-family residence. Where more than one use or more than one structure is to occur on a single parcel of land, the minimum amount shall apply separately to each individual use or structure. (g) No building permit shall be valid nor shall any water or sewer tap be in- stalled for any property until fees provided for in this section shall have been paid. (h) In the case of existing contract agreements between owners and the city regarding fees and waiver of fees, such agreements shall remain in effect. (i) The Director of Public Utilities is hereby authorized to accept on behalf of the city notes for the payment of such line fees as are due. The terms of such notes shall be one fourth of the payment given as a down payment, with the remainder payable in three equal, annual installments at a rate of interest of eight percent per annum. Provided, however, that any customer who is chartered under the regulations of the Internal Revenue Service as a non-profit organization and can prove such status, the terms of the note to be accepted may provide for a one-fifth down payment, with the balance due in four equal, annual installments, with a rate of interest at eight percent per annum. -4- (k) The rates set forth herein shall be applicable to service that is contracted for more than sixty (60) days after the completion in ground of any future water line designed for the use of the affected property, and on all existing water lines. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1976. ITEM #lOlS6 On motion by Councilman Cromwell, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. lfolland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council approved the following ordinance appointing viewers relative to the closing of a portion of Old Virginia Beach Road, in the City of Virginia Beach, Virgiiii,a: ORDIN,ANCE THE CITY COUNCIL OF THE CITY OV VIRGiNIA BEACH, VIRGINIA, DOES ORDAIN AS FOLLOWS: The following persons are appointed as viewers to view, inspect and examine the street known as Old Virginia Beach Road located between Park Avenue, 22nd Street, and 21st Street and Cypress Avenue in the City of Virginia Beach and specifically that portion as shown on the plat attached to the Petition of Fine Investment Company, Incorporated, requesting the discontinuance, closing and abandonmeht of a portion of Old Virginia Beach Road and to report to the City of Virginia Beach their findings as to whdthdt th6 discontinuance, closing and abandoriment of subject road is in thd best interest of thb City of Virginia Beach and whether the closing of subject road will have an advetse effect on any of the abutting land owners or citizens of Virginia Beach: @Mr. C.: Qral @Lamb;e;rt, :Mr.; @Ge@orge@ E. @Ti;nne@s ;Mr.; Rob@ert J,.; ;Sc-ott This ordinance shall take effect and be ehf6rced from and after its passage and publication in accordance with law. Passed by the City Council of the City of Virginia Beach, Virginia, on the 18th day of October, 1976. ATT TO FORM: PETITION FOR THE DISCONTINUANCE, CLOSING, AND ABANDONMENT OF A PORTION OF OLD VIRGINIA BEACH ROAD IN THE CITY OF VIRGINIA BEACH, VIRGINIA TO: The Honorable City Council for the City of Virginia Beach; NOW COMES your petitioner and respectfully represents unto this Honorable Council as follows: 1. That your petitioner is the owner of three certain parcels of land located in the City of Virginia Beach, Virginia, as follows: PARCEL ONE: That piece or parcel of land bounded on the north by 22nd Street, on the west by Parks Avenue, and on the south by Old Virginia Beach Road, more particularly described in Deed Book 303, atppage 479, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Parcel 3. PARCEL TWO: That parcel of land bounded on the east by Cypress Avenue, formerly Caspian Avenue, on the south by 21st Street and on the west and north by old Virginia Beach Road and more particularly described as Parcel 2 in the property conveyed by general warranty deed dated 2 June 1952 and recorded 5 June 1952 at Deed Book 303, page 479, in the Circuit Court of the City of Virginia Beach, Virginia. PARCEL THREE: That parcel of land bounded on the south by 21st Street, on the east and north by old Virginia Beach Road, and on the west by property belonging to Ashton H. Pully, Jr., and more particularly described in special warranty deed dated 5 July 1973 and recorded 6 July 1973 in Deed Book 1360, at page 268, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. 2. That there exists a portion of Old Virginia Beach Road which adjoins and abuts the above said parcels owned by your petitioner, the street being particularly described as being situated between Parcel One, Parcel Two, and Parcel Three. 3. That all of the property constituting the above- said parcels is located and situated in the City of Virginia Beach, Virginia. 4. That the abovesaid parcels are all of the property which adjoins or abuts said street, all of which is owned by your petitioner except the property of Ashton H. Pully, Jr., which abuts the southern side of old Virginia Beach Road from the eastern side of Parks Avenue eastward a distance of 58.46 feet. 5. That your petitioner is desirous of having closed and vacated the aforesaid street which is on the property of your petitioner and which is described as follows: Beginning at a point on the eastern side of Parks Avenue, said point being a distance of 155.51' measured along the eastern side of Parks Avenue S 130 501 59@' E from the southeast corner of the intersection of Parks Avenue and 22nd Street, thence N 580 331 01" B along the northern side of Old Virginia Beach Road a distance of 123.251 (calculated) to a point, thence N 400 511 0111 E along the northern side of Old Virginia Beach Road a distance of 131.64' to a point, thence N 49* 39' 01" E along the northern side of Old Virginia Road a distance of 94.411 to a point on the southern side of 22nd Street, thence N 76* 091 01" E along the prolongation of the southern line of 22nd 8treet a distance of 160.45' to the southwest intersection of 22nd Street and Cypress Avenue, formerly Caspian Avenue, thence along a curve to the left having a radius of 202.62' (calculated) along the eastern line of old Virginia Beach Road an arc distance of 179.14' (calculated) to a point of compound curvature, thence along a curve to the left having a radius of 110.01 along the eastern line of Old Virginia Beach Road an arc distance of 96.791 to a point of tangency, thence S 31@ 481 E a distance of 118.661 to a point on the northern side of 21st Street, thence S 76* 09' 01" W along the prolongation of the northern line of 21st Street a distance of 33.01 to a point on the western side of Old Virginia Beach Road, thence N 31* 481 W along the western line of Old Virginia Beach Road a 6istance of 48.171 to a point of curvature, thence along a curve to the left having a radius of 124.78' along the western line of Old Virginia Beach Road an arc distance of 202.53 to a point of tangency, thence S 550 121 W along the southern line of Old Virginia Beach Road a distance of 76.0' to a point, thence S 61' 41' 53" W along the southern line of Old Virginia Beach Road a distance of 58.461 to a point on the eastern side of ParkS Avenue, thence N 201 371 35" W along the prolongation of the eastern line of Parks Avenue a distanc6 of 45.591 to the point of beginning. Said portion of Old Virginia Beach Road to be vacated, closed and abandoned being shown on the attached extract of Map Book 4 showing said street and as outlined in red thereon. 6. That your petitioner is desirous of effecting said closing and vacation to create a homogeneous tract of land, thereby rendering said parcel amenable to its highest and best use. 7. That no property of any other person shall or will be adversely affected by the closing and vacation of street as aforesaid. 8. That pursuant to Section 15.1-364 of the Code of Virginia, your petitioner has posted notice of his intended application to this Honorable Council at the Circuit Court Of the City of Virginia Beach, Virginia, the General District Court of the City of Virginia Beach, Virginia, and at one other public place in the City of Virginia Beach, Virginia, at least ten (10) days before the presenting of this Petition as provided by statute. NOW, THEREFORE, your petitioner respectfully requests that the Council appoint three (3) persons to act as viewers to view said street and report in writing to the Council on or before the next regular meeting thereof, whether in their opinion, what inconvenience, if any, would result from the discontinuing of said street. In the event the report of said viewers is favorable to your petitioner's request and no i inconvenience would result from said closing, your petitioner respectfully requests that this Honorable Council may enact an ordinance discontinuing, closing and vacating said street in accordance with this Petition. Respectfully submitted, FINE INVESTMENT COMPANY, INCORPORATEP By Of Counsel LEWIS ALLEN Fine, Fine, Legum and Fine 720 Law Building Norfolk, Virginia 23510 ITEM #10157 On motion by Councilman Waterfield, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, MayOr Clarence A. Holland, @leyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfieid, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. CitY COuncil approved the following ordinance appointing viewers relative to the closing of portions Of West Virginia Avenue, Virginia Avenue, Maryland Avenue, Pennsylvania Avenue, First Street and Third Street, Plat of Midway, Kempsville Borough, Virginia Beach, Virginia: 11 ORDINANCE APPOINTING VIEWERS WHEREAS, PINE ACRE, INC. has given due and proper notice, in ,accord with the statutes with such cases made and provided, that it would, on this day, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of viewers to view the below-described property, and report in writing to the Council whether, in the opinion of said viewers any, and if any, what inconvenience would result from the discontinuing of hereinafter described portions of streets in the Kempsville Borough, City of Virginia Beach, Virginia, and have filed such application with said Council;and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IVIRGINIA BEACH, VIRGINIA TI-IAT, C. Oral Lambert, George E. Tinnes, and Robert J. Scott are hereby appointed to view the below ;described property, and report in writing to the Planning Commission of the City of Virginia Beach, Virginia, on or before November 9, 1976, and @subsequently to the Council whether in their opinion any, and if any, what @inconvenience would result from the discontinuing, closing and vacating of Ithose certain portions of streets located in the Kempsville Borough, City of Virginia Beach, Virginia, and described as follows: FIRST: Those certain portions of West Virginia Avenue as follows, to-wit: That portion of West Virginia Avenue lying to the West of Lots 16 and 17 in Block 14 and to the South of Lots 23, 24, and 25 in Block 15 on the plat of Midway; that portion of West Virginia Avenue lying to the West of Lots 13, 14, 15, 16 and 17 in Block 11 and East of Lots 18, 19, 20, 21 and 22 in Block 10 on the plat of Midway; and that portion of West Virginia Avenue lying to the West of all of Block 2 and East of all of Block 3 as shown on the plat of tlidway, the aforesaid plat of Midway being duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7 at Page 130, a copy of said plat being hereto attached. SECOND: Those certain portions of Virginia Avenue as follows, to-wit: That portion of the said Virginia Avenue lying to the West of all of Block 15 and to the South of all of Block 16 as shown on the aforesaid plat R.o.Es N.W.@S.N of Midway; that portion of Virginia Avenue lying to the West of all of Block 10 and South of all of Block 9 as shown on the said plat of Midway; and that portion of Virginia Avenue lying to the West of all of Block 3 and to the South of all of Block 4 as shown on the said plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. THIRD: Those certain portions of Maryland Avenue as follows, to-wit: That portion of Maryland Avenue which may lie to the West of Lot 1 in Block 21 and South of Lots 31 and 32 in Block 20 as shown on the plat of Midway, said Southern boundary being the Northern right of way line of the Virginia Beach-Norfolk Expressway; that portion of Maryland Avenue whicb lies to the West of all of Block 16 and to the East of all of Block 17 as shown on the plat of Midway; that portion of Maryland Avenue which lies to the West of Lots 6 through 17, both inclusive, in Block 9 and to the South of Lots 18 through 29, both inclusive, in Block 8, as shown on the plat of Midway; and that portion of Maryland Avenue which lies to the West of all of Block 4 and to the South of all of Block 5, as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. FOURTH: Those certain portions of Pennsylvania Avenue as follows, to-wit: That portion of Pennsylvania Avenue which lies to the West of Lots 1, 2, 3 and 4 in Block 20 and to the South of Lots 1, 2, 3 and 4 in Block 19 as shown on the plat of Midway; that portion of Pennsylvania Avenue which lies to the West of all of Block 17 and to the South of all of Block 18 as shown on the plat of Midway; and that portion of Pennsylvania Avenue which lies to the West of Lots 6 through 12, both inclusive, in Block 8 and to the South of Lots 6 through 12, both inclusive, in Block 7 as shown on the plat of Midway, said parcels being rnore particularly described on the plat hereinabove referenced. FIFTH: Those certain portions of First Street as follows, to-wit: That portion of First Street which lies to the South of Lots 20 and 21 in Block 3 and to the North of Lots I and 34 in Block 10 on the plat of Midway; that portion of First Street which lies to the South of Lot 21 in Block 4 and to the North of Lot 34 in Block 9 as shown on the plat of Midway; and that portion of First Street which lies to the South of Lot 19 in Block 6 and to the North of Lot 1 in Block 7 as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. SIXTH: Those certain portions of Third Street as follows, to-wit: That portion of Third Street which lies to the South of Lots 20 and 21 in Block 16 and North of the Northern right of way line of the Virginia Beach-Norfolk Expressway on the plat of Midway; that portion of Third Street which lies to the South of Lots 20 and 21 in Block 17 and to the North of Lots I and 32 in Block 20 as shown on the plat of Midway; and that portion of Third Street which lies to the South of Lots 20 in Block 18 and to the North of Lot 1 in Block 19 as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. REPORT OF VIEWERS s ...W@@S.N We, the undersigned viewers, having viewed the below described .@I.RN@l. @@ I.W ll..IN.@ property, to-wit: FIRST: Those certain portions of West Virginia Avenue as follows, to-wit: That portion of West Virginia Avenue lying to the West of Lots 16 and 17 in Block 14 and to the South of Lots 23, 24, and 25 in Block 15 on the plat of Midway; that portion of West Virginia Avenue lying to the West of Lots 13, 14, 15, 16 and 17 in Block 11 and East of Lots 18, 19, 20, 21 and 22 in Block 10 on the plat of Midway; and that portion of West Virginia Avenue lying to the West of all of Block 2 and East of all of Block 3 as shown on the plat of Midway, the aforesaid plat of Midway being duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7 at Page 130, a copy of said plat being hereto attached. BLCOND: Those certain portions of Virginia Avenue as follows, to-wit: That portion of the said Virginia Avenue lying to the West of all of Block 15 and to the South of all of Block 16 as shown on the aforesaid plat of Midway; that portion of Virginia Avenue lying to the West of all of Block 10 and South of all of Block 9 as shown on the said plat of Midway; and that portion of Virginia Avenue lying to the West of all of Block 3 and to the South of all of Block 4 as shown on the said plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. THIRD: Those certain portions of Maryland AVenue as follows, to-wit: That portion of Maryland Avenue which may lie to the West of Lot 1 in Block 21 and South of Lots 31 and 32 in Block 20 as shown on the plat of Midway, said Southern boundary being the Northern right of way line of the Virginia Beach-Norfolk Expressway; that protion of Maryland Avenue which lies to the West of all of Block 16 and to the East of all of Block 17 as shown on the plat of Midway; that portion of Maryland Avenue which lies to the West of Lots 6 through 17, both inclusive, in Block 9 and to the South of Lots 18 through 29, both inclusive, in Block 8, as shown on the plat of Midway; and that portion of Maryland Avenue which lies to the West of all of Block 4 and to the South of all of Block 5, as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. FOURTH: Those certain portions of Pennsylvania Avenue as follows, to-wit: That portion of Pennsylvania Avenue which lies to the West of Lots 1, 2, 3 and 4 in Block 20 and to the South of Lots 1, 2, 3 and 4 in Block 19 as shown on the plat of Midway; that portion of Pennsylvania Avenue which lies to the West of all of Block 17 and to the South of all of Block 18 as shown on the plat of Midway; and that portion of Pennsylvania Avenue which lies to the West of Lots 6 through 12, both inclusive, in Block 8 and to the South of Lots 6 through 12, both inclusive, in Block 7 as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. FIFTH: Those certain portions of First Street as follows, to-wit: That portion of First Street which lies to the South of Lots 20 and 21 in Block 3 and to the North of Lots 1 and 34 in Block 10 on the plat of Midway; that RmoDas ... WATSON portion of First Street which lies to the South of Lot 21 in Block 4 and to the North of Lot 34 in Block 9 as shown on the plat of Midway; and that portion of First Street which lies to the South of Lot 19 in Block 6 and to the North of Lot 1 in Block 7 as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. SIXTH: Those certain portions of Third Street as follows, to-wit: That portion of Third Street which lies to the South of Lots 20 and 21 in Block 16 and North of the Northern right of way line of the Virginia Beach-Norfolk Expressway on the plat of Midway; that portion of Third Street which lies to the South of Lots 20 and 21 in Block 17 and to the North of Lots I and 32 in Block 20 as shown on the plat of Midway; and that portion of Third Street which lies to the South of Lot 20 in Block 18 and to the North of Lot 1 in Block 19 as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. AND it is our opinion that no inconvenience to the public would result in discontinuing, closing and vacating the above described street areas. DATE: RHODES WATSO. .TT .... AT IAW V.@.l@.A ..A.., VI..@.@. IN THE MATTER OF: CLOSING, VACATING AND DISCONTINUING PORTIONS OF WEST VIRGINIA AVENUE, VIRGINIA AVENUE, MARYLAND AVENUE, PENNSYLVANIA AVENUE, PETITION FIRST STREET, AND THIRD STREET, PLAT OF MIDWAY, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH Your petitioner, Pine Acre, Inc., respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended, the said petitioner applies for the vacating, closing and discontinuing of those certain streets situate in the City of Virginia Beach, Virginia, and being more particularly described as follows: FIRST: Those certain portions of West Virginia Avenue as follows, to-wit: That portion of West Virginia Avenue lying to the West of Lots 16 and 17 in Block 14 and to the South of Lots 23, 24, and 25, in Block 15 on the plat of Midway; that portion of West Virginia Avenue lying to the West of Lots 13, 14, 15, 16 and 17 in Block 11 and East of Lots 18, 19, 20, 21 and 22 in Block 10 on the plat of Midway; and that portion of West Virginia Avenue lying to the West of all of Block 2 and East of all of Block 3 as shown on the plat of Midway, the aforesaid plat of Midway being duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 7 at Page 130, a copy of said plat being hereto attached. SECOND: Those certain portions of Virginia Avenue as follows, to-wit: That portion of the said Virginia Avenue lying to the West of all of Block 15 and to the South of all of Block 16 as shown on the aforesaid plat of Midway; that portion of Virginia Avenue lying to the West of all of Block 10 and South of all of Block 9 as shown on the said plat of Midway; and that portion of Virginia Avenue lying to the West of all of Block 3 and to the South of all of Block 4 as shown on the said plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. THIRD: Those certain portions of Maryland Avenue as follows, to-wit: That portion of Maryland Avenue which may lie to the West of Lot 1 in Block 21 and South of Lots 31 and 32 in Block 20 as shown on the plat of Midway, said Southern boundary being the Northern right of way line of the Virginia Beach-Norfolk Expressway; that portion of Maryland Avenue which lies to the West of all of Block 16 and to the East of all of Block 17 as shown on the plat of Midway; that RH.... AND WAIS.N portion of Maryland Avenue which lies to the West of Lots All.@@.I. A@ IA. 6 through 17, both inclusive, in Block 9 and to the South 11@.@.IA B.A... VIR.I.IA of Lots 18 through 29, both inclusive, in Block 8, as shown on the plat of Midway; and that portion of Maryland Avenue which lies to the West of all of Block 4 and to the South of all of Block 5, as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. FOURTH: Those certain portions of Pennsylvania Avenue as follows, to-wit: That portion of Pennsylvania Avenue which lies to the West of Lots 1, 2, 3 and 4 in Block 20 and to the South of Lots 1, 2, 3 and 4 in Block 19 as shown on the plat of Midway; that portion of Pennsylvania Avenue which lies to the West of all of Block 17 and to the South of all of Block 18 as shown on the plat of Midway; and that portion of Pennsylvania Avenue which lies to the West of Lots 6 through 12, both inclusive, in Block 8 and to the South of Lots 6 through 12, both inclusive, in Block 7 as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. FIFTH: Those certain portions of First Street as follows, to-wit: That portion of First Street which lies to the South of Lots 20 and 21 in Block 3 and to the North of Lots 1 and 34 in Block 10 on the plat of Midway; that portion of First Street which lies to the South of Lot 21 in Block 4 and to the North of Lot 34 in Block 9 as shown on the plat of Midway; and that portion of First Street which lies to the South of Lot 19 in Block 6 and to the North of Lot 1 in Block 7 as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. SIXTH: Those certain portions of Third Street as follows, to-wit: That portion of Third Street which lies to the South of Lots 20 and 21 in Block 16 and North of the Northern right of way line of tbe Virginia Beach-Norfolk Expressway on the plat of Midway; that portion of Third Street which lies to the South of Lots 20 and 21 in Block 17 and to the North of Lots I and 32 in Block 20 as shown on the plat of Midway; and that portion of Third Street which lies to the South of Lot 20 in Block 18 and to the North of Lot I in Block 19 as shown on the plat of Midway, said parcels being more particularly described on the plat hereinabove referenced. 2. That no inconvenience will result to any person by reason of said closing, vacation and discontinuance of said streets and Petitioner prays that this Honorable Council appoint viewers as provided by the afore- said statute to view these portions of said streets proposed to be closed, and report in writing to the Planning Commission of the City of Virginia Beach, Virginia, on or before the 9th day of November, 1976, and subsequently to this Council, whether in the opinion of said viewers any, and if any, what inconvenience would result in the discontinuance of said streets RHOD.S ... WATSO. heretofore described. .TT .... 1. T IAW @l..@@IA B@A... VIR.I.IA Ayes: Louncii iviemders jurin A. j5auiii, L@VUUI L D. John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, aild Floyd E. Waterfield, Jr. 3. That on the day of 1976, Notices of the Presenting of this Application were posted at the Court House at the Circuit Court of the City of Virginia Beach, Virginia, and in two public places, as evidenced by the affidavit of Donald H. Rhodes, President of Pine Acre, Inc., attached hereto, and that the landowners along and adjacent to said streets desire and request said streets to be closed, inasmuch as the petitioner herein is the abutting owner of all of said property. PINE ACRE, INC. Respectfully submitted, ,y Donald H. Rhodes, President ITEM #lOlS8 on motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, aiid Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council approved the following business license refund in the amount of $25.00: RHO.E. AND WATS.N ll...N.A .@A... VIR.I@.A J.B!!.@S@,O'i CITY A(rTOP',T-r,v. 1,1976 OF -F@ P-EVPtiliE DATE OCTOBER i I p I - @---@i-r@CT:-;,PPTIC,.T!C'T FOP IICEI,'SE PE@'U'll) FOTTOYING APPT@--CATIONS FOR REFU@ID AS SH 25.00, @V@N D.MAPP,COM&ISFIONER OF E@V. 'IA'- BASI INTEREST I TOTAL T, ICE TISE I)ATE PAID PENAT,TY YEAR - - BOBBY '@ IT KE RS ON & I 00.00 $25.00 JOHN L'cCO.7-@TT. 1976-77 SEPT.1,1976 2500.1)0 oo.r)o 'FOTI@L J@'G BY CITY C OiJ t:C, I T r, T 4 CITY Cl@;l; The following bids were received for the construction of a helicopter shop: Cardinal Building Corporation $ 93,900.00 Shirley Construction 94,904.00 W. A. Hall 95,240.00 L. J. Hoy 96,369.00 J. G. Whorton and Son 96,663.00 G. L. Cline and Son 97,000.00 Ingham and Associates 97,600.00 C. L. Pincus, Jr. 97,800.00 E. T. Gresham 111,S24.00 (Architect's Estimate - $81,500.00) On motion by Vice Mayor Standing, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence A. Holland, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Council voted to accept the low bid of Cardinal Building Corporation, in the amount of $93,900.00, for the construction of a helicopter shop; it was noted that this figure is to be reduced to $81,148 by eliminati@ll some a ITEM #10160 On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., Jolin R. Griffin, Mayor Clarence A. Holland, Meyera F. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr. City Councilapproved the following Water/Sewer Agreements: