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Home My WebLink AboutFEBRUARY 6, 1984 II III M I NUT E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 6, 1984 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, February 6, 1984, at Twelve Thirty-Five in the afternoon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech * Note: Councilwoman Creech entered the meeting at 12:40 p.m. February 06, 1984 - 2 - ITEM # 21301 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a prospective business or industry where no previous announce- ment has been made of the business' or industry's interest in locating in the community. 4. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or bargaining is involved where, if made public initially, the financial interest of the governmental unit would be adversely affected. Upon motion by Councilman Robert Jones, seconded by Vice Mayor Henley, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech February 06, 1984 " III - 3 - MAT T E R S B Y MAY 0 R/V ICE MAYOR THEATRE PRODUCTION/ COUNCILMAN ROBERT JONES ITEM II 21302 Mayor Jones focused attention on Councilman Robert Jones for his role (as a "lecherous" Senator) in the Virginia Beach Little Theatre production entitled, "Call Me Hadam". NATIONAL LEAGUE OF CITIES CONFERENCE ITEM # 21303 The National League of Cities Congressional Conference will be held in Washington, DC on Harch 3, 4, 5 and 6, 1984. COUNCIL HEETING MARCH 5, 1984 ITEM II 21304 At the January 16, 1984 Council Heeting, several Council Members expressed an interest in attending the National League of Cities Conference March 3, 4, 5 and 6, 1984; consequently, the matter of whether or not to cancel the Harch 5, 1984 Council Meeting was to be determined at this meeting. Only one Council Hember, Councilman Robert Jones, will be attending the NLC Conference. By consensus, Council will have the regularly scheduled meeting of March 5, 1984. RESOLUTION OF APPRECIATION! LEON R. JOHNSON ITEH II 21305 Because Leon R. Johnson could not be present this date, due to illness, to receive a Resolution of Appreciation (see Item II-E.2.d of the Formal Agenda); Mayor Jones stated this item would be deferred to February 13, 1984. BIRTHDAYS/COUNCIL MEHBERS ITEM II 21306 Hayor Jones recognized birth dates, in the month of February, of the following Council Members: February 10 Meyera E. Oberndorf February 11 John A. Baum February 15 J. Henry McCoy, Jr., D.D.S. February 17 Mayor Louis R. Jones 77th STREET STRUCTURES ITEM # 21307 Vice Mayor Henley called attention to written and verbal complaints registered with her regarding the large structures under construction in the vicinity of 77th Street which, according to those registering the complaints, are incompatible with the residential neighborhood in question. Per Councilman Jennings, Staff investigation is presently underway regarding this issue as a result of Reid Ervin's suggestion for a "Special Structures Overlay" during a meeting of North Virginia Beach Civic League in January (at which Councilmen Jennings and Heischober were in attendance as guest speakers). The Vice Mayor gave the City Manager the documents she had received for his disposition. February 06, 1984 - 4 - MAT T E R S B Y C 0 U N C I L TALENT BANK/ CABLE TELEVISION ITEM II 21308 Councilman Jennings requested the Staff initiate appropriate procedures for promoting information relative to the Talent Bank on the City's channel (29) of cable television. OPERATING BUDGET SURVEY ITEM II 21309 In response to Councilman Jennings' question as to when a preliminary report would be available on the "Operating Budget Survey", City Manager Hueh1enbeck (in confirmation with Finance Director Giles Dodd) advised it would be available at the February 13, 1984 Council Meeting. CON SULTANT/TRAN SPORTAT ION/ MASTER STREET AND HIGHWAY PLAN/COMPREHENSIVE LAND USE PLAN ITEM # 21310 Councilwoman Oberndorf expressed her concern that perhaps the services of an "outside" registered Professional Engineer should be secured to review the City's transportation needs. After discussion by Council Members, it was determined that this would necessarily involve updating the Master Street and Highway Plan which, of course, would result in modifications to the Comprehensive Plan (inasmuch as the Comprehensive Land Use Plan incorporates the Master Street and Highway Plan by reference). Ultimately, the Capital Improvements Program would be affected. The City Manager was requested to consider the possibility of a "staff review" or consultant study and make his recommendations to City Council. SOUTHEASTERN FREEWAY ITEM # 21311 During the discussion on Consultant (Professional needs, Councilman Robert involved in the study of the interest of engaging the services of a Engineer) to study the City's transportation Jones expressed his desire that the State be the Southeastern Freeway concept. INDEPENDENCE BOULEVARD WIDENING ITEM II 21312 Councilwoman McC1anan commented that if the City desired the State's investigation of the Independence Boulevard widening matter, then Council should adopt a resolution to that effect. RESOLUTION/WATER PLAN ITEH II 21313 In response to Councilwoman Oberndorf's inquiry as to whether or not the Resolution regarding the "water plan" would be included in the Comprehen- sive Plan, Planning Director Robert Scott advised his staff and the Planning Commission are reviewing same and that it will be approximately another 90 to 100 days, perhaps longer, before a presentation can be made to Council. February 06, 1984 ;I I II - 5 - MAT T E R S B Y C I T Y MAN AGE R CONVERSION OF FEEDER ROADS/ VIRGINIA BEACH BOULEVARD ITEM II 21314 Department of Public Works Director Oral Lambert made a presentation regarding the conversion of feeder roads (service roads) to one-way on Virginia Beach Boulevard. He stated the Virginia Department of Highways and Transportation has undertaken a study for the City of Norfolk regarding this issue (to the Virginia Beach/Norfolk line at Newtown Road). The State's position is that the concept of converting the feeder roads to one-way on Virginia Beach Boulevard is a valid one. The ultimate goal is to have eight lanes on Virginia Beach Boulevard. The City of Virginia Beach polled the residents/businesses (between Newtown and Witchduck Roads) who would be affected by this conversion. There are 125 residents/businesses in that particular area. Sixty-five (65) responses were received -- 10 individuals were in favor and 55 were in opposition, primarily because of limited access to their properties. From a technical standpoint, the Staff has suggested this one-way conversion would be a betterment for the City. At any given intersection, there are 72 potential points of conflict (in turning maneuvers). This number would be reduced to 45 points of conflict if the conversion were made to one-way, and it would be further reduced to 24 should Virginia Beach Boulevard be converted to eight lanes. Mr. Lambert presented a sketch (hereby made a part of the record) indicating the points of potential conflict as hereinabove described. Mr. Lambert expressed his desire to have a public hearing wherein some definite plans could be presented. His concern was that the State is not obligated to cancel a project just because of opposition. The consensus of Council was that the City Manager will request the Virginia Department of Highways and Transportation to formulate a design for one-way feeder roads on Virginia Beach Boulevard, and the Staff and the VDH&T will present the plan to the citizens of Virginia Beach, and thereafter to City Council. HILLTOP LOOP ITEM # 21315 There was no discussion on the matter of Hilltop Loop inasmuch as it is still in litigation. Details will be forthcoming at a later date. CREDIT UNION/ VIRGINIA BEACH ITEM # 21316 The City Manager presented to Council a site plan depicting the proposed expansion of the Virginia Beach Credit Union which would double its present size. This site plan was presented as a concept prior to proceeding with the plans for construction. The land does belong to the City; however, the construction will be performed at no cost to the City. Operating costs are borne by the Credit Union. By consensus, Council approved the plans for expansion of the Credit Union, whereby the City will own the land and building. The Virginia Beach Credit Union has a branch office on Bonney Road. February 06, 1984 - 6 - MAT T E R S B Y C I T Y MAN AGE R (continued) VIRGINIA MUNICIPAL LEAGUE LEGISLATIVE DAY/DINNER ITEM # 21317 David Grochma1, Assistant to the City Manager for Intergovernmental Relations, made reference to a letter sent to each Council Member regarding the annual trip to Richmond for the Virginia Municipal League Legislative Day. By consensus, Council will go to Richmond on the Twenty-second of February and will have dinner with the Delegates after the reception (to be held 5:30 p.m. to 7:00 p.m.). Mr. Grochma1 presented Council with "Status of Virginia Beach Legislative Package" dated February 6, 1984 (which is hereby made a part of the record). Discussion. EASTERN VIRGINIA MEDICAL ASSOCIATION/ TOUR ITEM II 21318 David Grochma1 advised Council of Dr. William D. Mayer's invitation for Council Members to tour the Eastern Virginia Medical Association on February 14, 16, 21 or 23, 1984. By consensus, Council accepted the invitation for the Twenty-third of February. CONSENT AGENDA ITEM II 21319 Vice Mayor Henley requested Item 11-1.15 of the Formal Agenda (Heritage Construction) be pulled for a separate vote. UNREDEEMED ANIMALS ITEM # 21320 City Manager Mueh1enbeck advised the Ordinance pertaining to unredeemed animals (Item II-H.1 of the Formal Agenda) would be effective 30 days from the date of adoption. February 06, 1984 - 7 - RECESS INTO EXECUTIVE SESSION ITEM # 21321 City Council recessed into EXECUTIVE SESSION at One Forty in the afternoon. February 06, 1984 II I - 8 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 6, 1984 2:00 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Mathew H. Lewis First Lynnhaven Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA February 06, 1984 II II! - 9 - ADD-ON COX CABLE TELEVISION ITEM II 21322 Roger Pierce, Vice President and General Manager of Cox Cable Television, presented to Mayor Louis Jones and the City Manager each a plaque commemorating the inaugural meeting of Council on January 9, 1984. The plaque read as follows: "INAUGURAL CABLE CAST "VIRGINIA BEACH CITY COUNCIL MEETING "January 9, 1984 "cox CABLE CHANNEL 29 'The basis of our government being the opinion of the people, the very first objective should be to keep that right.' "Thomas Jefferson" February 06, 1984 - 10 - Item II-D.1 MINUTES ITEM II 21323 Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council APPROVED the Minutes of January 23, 1984, with corrections as follows: Page 28 - Item II 21287 (application of Earle W. Greene for a Change of Zoning from 0-1 to B-2) ADD a second condition as follows: 2. Vacation of Lot Lines. Page 38 - Item II 21295 (Automated Services Division, Data Processing) ADD to the second paragraph, second line, after the word "second", a new sentence as follows: Councilman Jones withdrew his motion. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 06, 1984 - 11 - Item II-E.1 PRESENTATION ITEM II 21324 On behalf of the men and women of the Guard and Reserve Forces, William Archer, of the National Guard, presented a CERTIFICATE OF APPRECIATION to Mayor Jones from the National Committee for Employer Support of the Guard and Reserve. Said Certificate was signed by Unit Commander D. Thompson and State Chairman Walter J. McGraw. With Hr. Archer was Staff Sergeant Stephen Chapel. February 06, 1984 - 12 - Item II-E. 2. a-d PRESENTATIONS ITEM II 21325 Mayor Jones presented RESOLUTIONS OF APPRECIATION to the following: EDWARD BATTEN * Planning Commission R. DEAN LEE Planning Commission J. HARRY MOTE Planning Commission *Mr. Batten was not present; therefore, his Resolution of Appreciation will be mailed to him by the City Clerk. Deferred to February 13, 1984 was the Resolution of Appreciation to Leon R. Johnson - Mosquito Control Commission. Due to illness, Mr. Johnson was unable to be in attendance at this meeting. February 06, 1984 II II - 13 - Item II-E.3 PRESENTATION ITEM II 21326 Councilwoman Nancy A. Creech presented a RESOLUTION IN RECOGNITION to DORCAS T. HELFANT, President of the Virginia Association of Realtors, for her contribution of time, energy, and knowledge for the citizens of the City of Virginia Beach and for her personal, as well as professional, accomplishments which have richly reflected upon the City. February 06, 1984 - 14 - Item II-F. 1 PUBLIC HEARING ITEM II 21327 Mayor Jones declared a Public Hearing on the following: PROPOSED BUDGET INCREASE TO APPROPRIATE FUNDS OF $9,525 AND TRANSFER FUNDS OF $43,000 FOR COMMUNICATIONS EQUIPMENT FOR THE POLICE DEPARTMENT. There being no speakers, Mayor Jones closed the Public Hearing. February 06, 1984 II I - 15 - Item II-F. 2 PUBLIC HEARING ITEM II 21328 Mayor Jones declared a Public Hearing on the following: PROPOSED BUDGET INCREASE TO APPROPRIATE FUNDS OF $65,000 TO THE DEPARTMENT OF PUBLIC UTILITIES FOR ADDITIONAL CAPITAL OUTLAY. There being no speakers, Mayor Jones closed the Public Hearing. February 06, 1984 -15a- l'he Beacon :'; ;.)'. Jarl: 29, 1984 1f"'~~~ PUBLIC ~ NOTICE ., ""'- ....1'... PUBLIC HEARING City of Virginia Beach, Virginia PROPOSED BUDGETARY INCREASES FOR THE 1983.1984 FISCAL YEAR Pursuant to Chapter 2, of the City Code, a public hearing will be held by the City Council in Council Chambers in the City Hall Building on Monday, Feb- . ruary 6, 1984 at 2:00 p.m., to discuss proposed increases in the Operating Budget for fiscal year 1983-1984 as follows: PROPOSED INCREASES~ I....' General Fund: Police Deparbnent o Radio Replacement. . . $9,525 Water and Sewer Fund: Deparbnent of Public o Utilities. . . . . . . . . . $65,000 ESTIMATED REVENUES General Fund: Revenue from Use of Money and Property: Sale of Salvage ....... $9 .525 Water and Sewer Fund: Revenue from Local Sources: Charges for Services. . . . . . . . $65,000 ,.. Individuals desiring to provide oral comment should register be- fore the hearing begins with the City Clerk's Office on the second floor of the City Hall Building o~ by calling 427-4303. .-~ ~ Ruth Hodpo Smith. CMC, City Clerk .. .................. ., _~ ,....'..~.' ..:.... ...1. ... 39" February 06, 1984 II II - 16 - Item II-G.1 RESOLUTION ITEM II 21329 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED a Resolution extending the Council's gratitude to R. G. MOORE AND FRANCES MOORE for contributing the KEMPSVILLE GOLF COURSE to the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: ,.- John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Hembers Voting Nay: None Council Members Absent: None ~'''''' ' February 06, 1984 ,I II -16a- REQUESTED BY: COUNCILMAN J. HENRY McCOY, JR. RES 0 L UTI 0 N WHEREAS, Kempsville is the largest borough in the City of Virginia Beach and is almost fully developed with nearly one third of the City's population; and ,. WHEREAS, R. G. MOORE is a developer of vast properties and recently acquired the Kempsville Golf Course; and WHEREAS. R. G. MOORE realized the City's need for this recreational facility and thereby made an offer of the Kempsville Golf Course by deed as a gift. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the offer of this valuable parcel of property is appreciated and will be accepted upon tendering and review of the deed of gift. ~~ BE IT FURTHER RESOLVED that this resolution extends the Council's gratitude to R. G. MOORE and FP~NCES MOORE for their thoughtfulness in contributing this valuable parcel to the City of Virginia Beach. . February 06, 1984 II II - 17 - Item II-G.2. a-e RESOLUTIONS ITEM II 21330 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED the following Resolutions approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS: E. R. REALTY ASSOCIATES (amendment of Council action November 14, 1983) $4,000,000 SANDBRIDGE LIGHT ASSOCIATES $ 250,000 RALPH I $1,230,000 PEMBROKE SQUARE REDEVELOPMENT ASSOCIATES, LTD. $6,000,000 If~ CHIMNEY HILL LODGE, LTD. $6,500,000 Voting: 8-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: .~ Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., and Meyera E. Oberndorf Council Members Absent: None February 06, 1984 -17a- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ,- proj ect Name: E. R. Realty Associates proj ect Location: 2707 Atlantic Avenue, Virginia Beach, Virginia 23454 ~. Description of proj ect: Motel Facility Amount of Bond (s): $4,000,000 Principals: Ellen Richardson ,.... City Council approved this Resolution on November 14, 1983, for $3,150,000. This Resolution amends the amount of the bonds issued to $4,000,000. '"' February 06, 1984 -17b- FISCAL IMPACT STATEMENT January 10, 1984 E. R. Realty Associates Motel Facility .- 1. Maximum amount of financing sought $4,000,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $2,500,000 3. Estimated real property tax per year using present tax rates $ 16,000 4. Estimated personal property tax per year using present tax rates $ 5,700 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 50,000 6. Estimated dollar value per year of goods and services that will be purchased locally $ 120,000 7. Estimated number of regular employees on year round basis $ $ 12 6,500 ,.., 8. Average annual salary per employee li<~ CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman ,.. '..... February 06, 1984 Ii -17c- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the day of , 1984. On motion by and seconded by Resolution was adopted. , the following .... RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR E. R. REALTY ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of E. R. Realty Associates (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $4,000,000 (the Bonds) to assist in the financing of the Company's acquisition and improvement of a motel facility (the Facility) located at 2707 Atlantic Avenue in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on January 10, 1984; and ,.' WHEREAS, the Authority has recommended that the Ib-.. City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing with respect to the Bonds and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the ... Council; .... BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. February 06~ 1984 I, -17d- ... 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, to permit the Authority to assist in the financing of the Facility. ilw., 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the credit- worthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. ,-' 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on February 6 ,1984. ... ,- February 06, 1984 -2- -17e- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: SANDBRIDGE LIGHT ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP ,.... Project Location: TO BE CONSTRUCTED ON A LOT ON THE WE ST SIDE OF SANDPIPER ROAD, APPROXIMATELY 550 FEET SOUTH OF THE INTERSECTION OF SANDBRIDGE ROAD AND SANDPIPER ROAD Description of Project: A 5,100 SQUARE FOOT COMMERCIAL OFFICE AND RETAIL FACILITY Amount of Bond(s) : $250,000.00 Principal s : DAVID L. KABLER AND JAMES H. KABLER 12.C.19.C ,. '"'" February 06, 1984 II II I -17f- FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: JANUARY 10, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: SANDBRIDGE LIGHT ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP TYPE OF FACILITY: COMMERCIAL OFFICE AND RETAIL FACILITY ~"", 1. Maximum amount of financing sought $ 250,000.00 2. Estimated taxable value of the facility's $ 400,000.00 real property to be constructed in the municipality 3. Es timated real property tax per year using $ 3,200.00 present tax rates 4. Estimated personal property tax per year $ 1,500.00 using present tax rates 5. Estimated merchants' capital (business license) $ 2,630.00 tax per year using present tax rates 6. Estimated dollar value per year of goods $ 60,000.00 and services that will be purchased locally 7. Estimated number of regular employees on year round basis 22 8. Average annual salary per employee $ 12,000.00 t" The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority By Chairman 12.C.17.C ... February 06, 1984 .1 I -17g- RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR SANDBRIDGE LIGHT ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Sandbridge Light Associates, a Virginia general partnership (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount estimated at Two Hundred Fifty Thousand Dollars ($250,000.00) (the "Bonds") to assist in the financing of the Company's construction and equipping of a 5,100 square foot commercial office and retail facility (the "Facility") to be located on the west side of Sandpiper Road, approximately 550 feet south of the intersection of Sandbridge Road and Sandpiper Road, Virginia Beach, Virginia and after proper notice in a newspaper of general circulation has held a public hearing thereon on January 10, 1983; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Sandbridge Light Associates, a Virginia general partnership to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to as sis t in the financing of the Facility. 2. The approval of the is suance of the Bonds, as required by -1- February 06, 1984 ,I I -17h- Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on January _, 1983. 12.C.21.C ,o, Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty-Four. -2- February 06, 1984 -17i- III1 SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ."'" Project Name: Ralph I, a Virginia General Partnership Location: Parcel 24, Seahawk Circle, Oceana West Industrial Park, Virginia Beach, Virginia Description of Project: 27,000 Sq. Ft. Commercial Office & Warehouse Facility to be Contained in 1 to 3 Buildings Amount of Bond Issue: $1,230,000.00 Principals: Robert Josephberg James C. Nocito ,~ ,,~< February 06, 1984 II I -17j- FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: JANUARY 10, 1984 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: RALPH I, A VIRGINIA GENERAL PARTNERSHIP TYPE OF FACILITY: COMMERCIAL OFFICE AND WAREHOUSE FACILITY 1. Maximum amount of financing sought $1,230,000.00 $1,355,000.00 2. Estimated taxable value of the facility's real property to be cons tructed in the municipality 3. Estimated real property tax per year using $ 10,840.00 present tax rates 4. Estimated personal property tax per year $ 21,600.00 using present tax rates 5. Estimated merchants' capital (business license) $ 10,980.00 tax per year using present tax rates 6. Estimated dollar value per year of goods $ 360,000.00 and services that will be purchased locally 7. Estimated number of regular employees on $ 72 year round basis 8. Average annual salary per employee $ 15,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority By Chairman 12.C.24.C February 06, 1984 III -17k- RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR RALPH I, A VIRGINIA GENERAL PARTNERSHIP WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Ralph I, a Virginia general partnership (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount estimated at One Million Two Hundred Thirty Thousand Dollars ($1,230,000.00) (the "Bonds") to assist in the financing of the Company's construction and equipping of a 27,000 square foot commercial office and warehouse facility consisting of 1 to 3 buildings (the "Facility") to be located on Lot 24 (Seahawk Drive), Oceana West Industrial Park, Virginia Beach, Virginia, and after proper notice in a newspaper of general circulation has held a public hearing thereon on January 10, 1983; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the is suance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Ralph I, a Virginia general partnership to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to as sis t in the financing of the Facili ty . 2. The approval of the issuance of the Bonds, as required by -1- 1II11 -171- Section l03(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the ", revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majori ty of a quorum of the Council of the City of Virginia Beach, Virginia on January , 1983. 12.C .28.C Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty-Four. -2- February 06, 1984 II I I -17m- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Proj ect Name: Pembroke Square Redevelopment Associates, Ltd. Project Location: Southwest corner of Independence Boulevard and Witchduck Road, Virginia Beach, Virginia '. Description of proj ect: Shopping Center and Office Facility Amount of Bond (s): $6,000,000 Principals: Charles T. Reeder February 06, 1984 11'1' -17n- FISCAL IMPACT STATEMENT December 13, 1983 Pembroke Square Redevelopment Associates, Ltd. Shopping Center and Office Facility ,... 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property to be constructed in the municipality 3. Estimated real property tax per year using present tax rates $6,000,000 $7,000,000 $ 56,000 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 15,000 ~ 2,089 6. Estimated dollar value per year of goods and services that will be purchased locally 7. Estimated number of regular employees on year round basis $5,000,000 8. Average annual salary per employee ~ $ 12,000 150 I"" CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman ,... February 06, 1984 II I I -170- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Adminis tra tion Building, on the _ day of , 1983. On motion by and seconded by Resolution was adopted. , the following RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR PEMBROKE SQUARE REDEVELOPMENT ASSOCIATES, LTD. WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Pembroke Square Redevelopment Associates, Ltd. (the Company) for the issuance of the Authority's industrial deve- lopment revenue bonds in an amount not to exceed $6,000,000 (the Bonds) to assist in the financing of the Company's acquisition, renovation and equipping of a shopping center and office facility (the Facility) to be located at the southwest corner of Independence Boulevard and Witchduck Road in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on December 13, 1983; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing with respect to the Bonds and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: February 06, 1984 II I -17p- 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the credit- worthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on February 6 , ~&~4 1984. ". February 06, 1984 -2- 11'1 I -17q- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: CHH1NEY HILL LODGE Project Location: Off Chimney Hill Parkway, behind the Chimney Hill Shopping Center in the City of Virginia Beach, Virginia Description of Project: 124 unit, congregate care, market rate facility for the elderly Amount of Bond(s): Not to exceed $6,500,000 Principals: Chimney Hill Lodge, Ltd. William A. Halsey Edward D. Herrick Richard A. Beach Lyle E. Thornton "..... a"-. February 06, 1984 II I -17r- 11/5/83 FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING rt~ DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: CHIMNEY HILL LODGE TYPE OF FACILITY: Market rate, elderly congregate care facility 1. Maximum amount of financing sought $-2...1.~QO 20PO , 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 6,300,000 3. Estimated real property tax per year using present tax rates $ 37,250 4. Estimated personal property tax per year using present tax rates $ 5,000 ..... 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 6. Estimated dollar value per year of goods and services that will be purchased locally $ 392,500 for facility $1 . 1 00 . QQ..Qf..g,c.i~ p~ n ts 30 full time $ 4 o.art time S 9~950 (full tine) 7. Estimated number of regular employees on year round basis 8. Average annual salary per employee The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By_ Cha Irrnan--- . .. February 06, 1984 Iii -17s- RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR CHIMNEY HILL LODGE, LTD. WHEREAS, the City of Virginia Beach Development '''''' Authority (the Authority) has considered the application of Chimney Hill Lodge, Ltd. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $6,500,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a l24-unit congregate care facility for use as a residence for care of the aged (the Facility) to be located on an approximately 5.5-acre site located along Chimney Hill Parkway approximately 600 feet south of the intersection of the Chimney Hill Parkway and Holland Road, behind the Chimney Hill Shopping Center in the City of Virginia Beach, Virginia, and has held a public hearing thereon on January 10 , 1984; and ,.... WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City) to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, ',,",' Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. February 06, 1984 -17t- II' 2. The approval of the issuance of the Bonds, as required by Section l03(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virg inia Beach, Virg inia, on F,:>r.rll::lry h ,1984. ~- "... ,fI'I'" 2 February 06, 1984 11'11 I - 18 - Item II-G. 2. f-g RESOLUTIONS ITEM It 21331 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED Resolutions as follows: Resolution encouraging the issuance of Special Industrial Development Revenue Bonds not to exceed $4,250,000 by the Hampton Redevelopment and Housing Authority for PHP ASSOCIATES. AND, Resolution approving the issuance of Special Industrial Development Revenue Bonds in the amount of $4,200,000 by the Suffolk Redevelopment and Housing Authority for WILLIAM A. CROSBY. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None p,~-<-I'"I Council Members Absent: None February 06, 1984 III -18a- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY ''1'''1 Project Name: PHP Associates Location: Salt Marsh Point between Norfolk Avenue and Rudee Inlet Description of Project: 114 Apartment Units with Recreational Facilities (Tennis Court & Swimming Pool) Amount of Bond Issue: Not to Exceed $4,250,000.00 Principals: George Powell Joe Houska Shelby pallette The purpose of this Resolution is to encourage the Hampton Redevelopment and Housing Authority to issue its Special Revenue Bonds for the benefit of PHP Associates. A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bonds. ,,.., "...,.." February 06, 1984 -18b- RESOLUTION ""'" WHEREAS, PHP Associates, a Virginia general partnership (the "Developer") desires to construct housing in the City of Virginia Beach (the "City"); and WHEREAS, the City wishes to induce the construction of housing in order to provide needed apartment dwellings; and ,.... WHEREAS, the Developer desires to finance the development of said housing with the proqeeds of industrial development bonds exempt from taxation pursuant to Section 103(b) (4)(A) of the Internal Revenue Code of 1950, as amended; and WHEREAS, the Hampton Redevelopment and Housing Authority (the "Authority") has the power to make loans for assistance in housing construction, and is willing to issue its bonds for the benefit of the Developer. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Authority to exercise its aforesaid ~owers within the City for the purposes hereinabove described and the Authority is invited and encouraged to issue its bonds for the benefit of the Developer and the furtherance of said purposes. 2. These resolutions shall not be deemed as endorsement of said bonds or the creditworthiness of the Authority, the Developer or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest due thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. Adopted by the Council of the City of Virginia Beach,Vir~inia, on the Sixth day of February, Nineteen Hundred and EightrFour-;-- Ill' , February 06, 1984 / ./ -18c- '. ~ .....,. . :-iJ SUMMARY SHEET CITY OP VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF ISSUANCE BY THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY OF ITS INDUSTRIAL DEVELOPMENT REVENUE BOND ... Project Name: William A. Crosby Description of Project: 8.25-acre site at Donna BoUlevard adjacent to the Friends School 148-unit, multi-family, residen~ial; rental project , ';... Location: Amount of Bond Issue: $4,200,000 Principals: William A. Crosby The purpose of this Resolution is to approve Suffolk Redevelopment and Housing Authority's issuance of its special Revenue Bonds for the benefit of William A. Crosby. A fiscal impact statement is attached to and submitted with this Resolution. ,- h. " '<.....,. . .:--~,J . ,... February 06, 1984 ,... 1. 2. 3. ,.... . 4. it.., 5. 6. 7. ., ... , I -18d- ... .. FISCAL IHP.;CT ST.:;'T:=::.1ENT .T::Inl'~r~/?t; 1 QQ41 Da;;e . William A. Crosby Applicant - Multi-family residential rental project Facility Maximum amount of financing sought $4,200,000.00 Estimated taxable value 0: the facility's real proper~y to be const=uctea in the municipality $3,622,500.00 Estimated real property tax per year using present tax rates $28,980.00 Estimated personal property tax per year using present tax rates $ N/A Estimated merchants' capital tax per year using present tax rates $ N/A Estimated dollar value per year of goods and services that will be purchased locally $he; '<71"1 1"11) . Estimated nu::-..ber of regular employees on year round basis $ ? ( rwn ) 8. Average annual salary per employee SlOrOO() 00 Author~ty Chairman Suffolk Redevelopment & Hou~ing Authority (Issuer) City of Virqinia Beach Development Authority (Host Name oi Authority Jurisdicfil r February 06, 1984 -18e- RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO WILLIAM A. CROSBY .- WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Development Authority"), has considered the application of William A. Crosby, or any corporation or partnership in which William A. Crosby is a shareholder or partner (the "Developer"), to the Suffolk Redevelopment and Housing Authority (the "Housing Authority") for the issuance of the Housing Authority's revenue bonds in an amount of approximately $4,200,000 (the "Bonds") to assist in the financing of the Developer's acquisition and construction of a 148-unit multi-family residential rental project on a 8.25 acre site which is located on Donna Boulevard, adjacent to the Friends School, in the Hilltop area of the City of Virginia Beach, .~ Virginia (the "Project"), and has held a public hearing thereon on January 10, 1984; and WHEREAS, the Development Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the acquisition and construction of the additional housing and issuance of the Bonds by the Housing Authority to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and proposed final Treasury regulations issued thereunder; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia of 1950, as amended, a copy of the Housing Authority's resolution approving the issuance of the Bonds, and a copy of the Develop- ment Authority's resolution recommending approval of the Bonds by the Council, subject to terms to be agreed upon, and reasonably detailed summaries of the comments expressed at the public hearings held thereon, if any, have been filed with the Council of the City of Virginia Beach, Virginia; February 06, 1984 II, -18f- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ''''''', 1. The Council of the City of Virginia Beach, Virginia, approves the additional housing to be provided by the Project and further approves the issuance of the Bonds by the Suffolk Redevelopment and Housing Authority for the benefit of the Developer, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Developer, and the Bonds shall provide that neither the City, the City of Suffolk, the Development Authority nor the Housing Authority shall be ..... obligated to pay the Bonds or the interest thereon or the costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, the City of Suffolk, the Development Authority or the Housing Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on February 06 ,1984. ,,:-- February 06, 1984 -2- III - 19 - Item II-H. 1 ORDINANCE ITEM It 21332 Speakers in favor of the Ordinance: Elizabeth Sills Monica Watkins Upon motion by Councilwoman Oberndorf, seconded by Vice Hayor Henley, City Council ADOPTED an Ordinance to AMEND AND REORDAIN SECTION 5-71 of the CODE of the City of Virginia Beach, Virginia, pertaining to the disposition of unredeemed animals, with the stipulation that the Ordinance will be effective thirty (30) days from the date of adoption. This item was deferred for two weeks on January 23, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None pj!""" Council Members Absent: None February 06, 1984 III -19a- AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-71 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DISPOSITION OF UNREDEEMED ANIMALS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ,~ That Section 5-71 of the Code of the City of Virginia Beach, Virginia, pertaining to disposition of unredeemed animals is hereby amended and reordained as follows: Section 5-71. Same - Disposition of unredeemed animal. If a dog or cat impounded under this article is not claimed by its owner within five (5) days, it shall be disposed of in accord with the provisions of section 29-213.19 of the Code of Virginia. In the event a resident of the city proposes to adopt such efiiffiel dog or cat, pursuant to such section, he shall pay a fee not to exceed fifty dollars ($50.00) to be determined administratively py the city manager ef-si~-~elle~s-efi~-f~f~y eefi~s-t~6.5et to cover the cost of transfer, seizure and gl!l"'f veterinary care ef for the dog or cat. The person desiring to adopt the dog or cat shall sign an adoption contract agreeing to abide by the rules and regulations of the bureau of animal control and shall have the dog or cat spayed or neutered within a time period administratively set by the bureau of animal control which time period shall not be less than thirty (30) days. Upon producing proof that the dog or cat has been spayed or neutered, the person may be entitled to a refund of all or part of the above-mentioned fee, the amount of said refund, if any, to be determined by the city m~nager or his duly authorized agent. Failure to have the dog or cat spayed or pl'>1Jt.ered in accord with this section shall constitute a Class 4 m T' , I ':;:; '''-~\ ('- r! M"" shall, in the case of a dog, obtain a pro -r-~ r \ e c--t.'.Z< -i.. \- c< dog, pursuant to article III of this chap a --t''{', e -.r--,d ""Y',.E."-(", t- days of such transfer. a+ ~J" c\ ~~y ~ d 0 -\~-L \ ;,,, This ordinance shall become effe its adoption. Adopted by the Council of the C: Virginia, this 6 day of February KJC/da l~{~t~If 11/7/83, 1/16/84, 1/25/84, 1/31/84 February 06, 1984 III AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-71 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DISPOSITION OF UNREDEEMED ANIMALS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: lf~ That Section 5-71 of the Code of the City of Virginia Beach, Virginia, pertaining to disposition of unredeemed animals is hereby amended and reordained as follows: Section 5-71. Same - Disposition of unredeemed animal. If a dog or cat impounded under this article is not claimed by its owner within five (5) days, it shall be disposed of in accord with the provisions of section 29-213.19 of the Code of Virginia. In the event a resident of the city proposes to adopt such aft~ma~ dog or cat, pursuant to such section, he shall pay a fee not to exceed fifty dollars ($50.00) to be determined administratively by the city manager e€-s~*-6e~~a~S-aft6-€~€ey eeftes-t~6T5et to cover the cost of transfer, seizure and ..... veterinary care e€ for the dog or cat. The person desiring to adopt the dog or cat shall sign an adoption contract agreeing to abide by the rules and regulations of the bureau of animal control and shall have the dog or cat spayed or neutered within a time period administratively set by the bureau of animal control which time period shall not be less than thirty (30) days. Upon producing proof that the dog or cat has been spayed or neutered, the person may be entitled to a refund of all or part of the above-mentioned fee, the amount of said refund, if any, to be determined by the city manager or his duly autl .~' shall, in the case of a dog, obtain a proper Ii -- \ -h \' _~ vJ 1'':':':-. ~o , ,~. o---r--v-e_c-t<::::._c' ~-o -v--~+kc1= ~ C> c\ ~...._/ // , d d 6~=-s-L 1 r:r--.,--, \ Failure to have the dog or cat spayed or neutel this section shall constitute a Class 4 misdeme dog, pursuant to article III of this chapter~ w days of such transfer. Adopted by the Council of the City of , Virginia, this 6 day of February , J KJC/da 10/6/83, 11/7/83, 1/16/84, 1/25/84, 1/31/84 (MISC.I) III - 20 - Item 11-1 CONSENT AGENDA ITEM II 21333 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED, in ONE MOTION, Items 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17 and 18 of the CONSENT AGENDA. Items 5 and 15 were voted upon separately. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Hembers Absent: Robert A. Jones February 06, 1984 - 21 - Item II-I.l. a-d CONSENT AGENDA ITEM II 21334 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED RESOLUTIONS OF APPRECIATION as follows: 1'" tit EDWARD BATTEN Planning Commission R. DEAN LEE Planning Commission J. HARRY MOTE Planning Commission AND, DEFERRED the following RESOLUTION OF APPRECIATION (Mr. Johnson was ill, thus he was unable to attend.): LEON R. JOHNSON Mosquito Control Commission Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert A. Jones February 06, 1984 II -21a- RESOLUTION OF APPRECIATION TO EDWARD BATTEN WHEREAS: Edward Batten has served as a member of the Planning Commission for three years, he has served will- ingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to EDWARD BATTEN BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Sixth day of February, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor February 06, 1984 I I -21b- RESOLUTION OF APPRECIATION TO R. DEAN LEE WHEREAS: R. Dean Lee was first appointed a member of the Planning Commission on January 3, 1972, and served several terms as Chairman, he has served willingly and untir- ingly for eleven years in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to R. DEAN LEE BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Sixth day of February, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor February 06, 1984 -21c- RESOLUTION OF APPRECIATION TO J. HARRY MOTE WHEREAS: J. Harry Mote was first appointed a member of the Planning Commission more than twenty years ago, and served several terms as Chairman, he has served willingly and untiringly in behalf of the City of Virginia Beach; WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to Mayor J. HARRY MOTE BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Sixth day of February, Nineteen Hundred Eighty-Four. Given under my hand and seal, February 06, 1984 II II -21d- ~"" RESOLUTION OF APPRECIATION TO LEON R. JOHNSON WHEREAS: Leon R. Johnson was first appointed a member of the Mosquito Control Commission on March 8, 1971, he has served willingly and untiringly in behalf of the City of Virginia Beach; 111'II" WHEREAS: Throughout these years, his dedication and unselfish service have involved personal sacrifices and incon- veniences, not only to him but frequently to his family. We trust much satisfaction was realized in successfully admin- istering in this advisory capacity--not only to City Council but also to the citizens of this fast-growing metropolis. Advisors and Volunteers have saved the City untold dollars, but, more importantly, our successful growth depends upon them. His footprints in the sands of time will long reflect the tremendous strides of his service. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled pauses in its deliberations to express pride in and deepest gratitude for these years of service to LEON R. JOHNSON BE IT FURTHER RESOLVED: That this Resolution be framed for presentation with a copy spread upon the Minutes of this Formal Session of Virginia Beach City Council this Sixth day of February, Nineteen Hundred Eighty-Four. Given under my hand and seal, Mayor M' , February 06, 1984 ,I I I - 22 - Item II-I. 2 CONSENT AGENDA ITEM II 21335 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED a RESOLUTION IN RECOGNITION: DORCAS T. HELFANT, President, Virginia Association of Realtors. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert A. Jones February 06, 1984 -22a- RESOLUTION WHEREAS: The City Counci I regularly assembles to del iberate upon the affairs of business, legislation and City pol icy, they are aware of the many facets of municipal government which must be coordinated for the comforts and necessities of its citizens -- among which is the recognition of those whose contributions make this City a better place in which to live, work and play; WHEREAS: One of those distinguished citizens is DORCAS T. HELFANT, who was instal led President of the Virginia Association of Realtors on January 14, 1984; WHEREAS: Her diversified interests and professional services are numerous, President Helfant has found time to serve her community through the Chamber of Commerce, where she received the "President's Award for Outstanding Service"; Junior Achievement of Tidewater Inc.; Tidewater Bui I ders Association; Virginia Beach Mayor's Committee for the Uti I ities Bond Referendum; Better Business Bureau; Tri City ORT; and, the Virginia Beach Schoo I 's D i str i but i ve Educat i on Program. She has served I oca II y, state-wide and nationally to "Make America Beautiful". Her expertise in real estate has won many titles of distinction and qual ified her for this position of honor and integrity; and, WHEREAS: Though born in West Virginia, raised and educated in Chesapeake (formerly Norfolk County), she has chosen to make Virginia Beach her home as wel I as become a dedicated businesswoman whose influence sets a bountiful example for others to follow. Her perfect balance of attitude toward home, family, business and education is recognized with gratitude. Few of us are able and willing to give of ourselves in such an unselfish sacrificing manner. NOW, THEREFORE, BE IT RESOLVED: That the Vi rg in i a Beach City Counci I pauses in its del iberation to pay tribute to D 0 ReA S To H ELF ANT for her contribution of time, energy, and knowledge for the citizens of this mun i c i pa I i ty and for her persona I as we II as profess i ona I accomp I i shments which have richly reflected upon the City. BE I T FURTHER RESOLVED: That th is Reso I ut i on be framed for presentation and spread upon the minutes of this Formal Session of Virginia Beach City Council this Sixth day of February, Nineteen Hundred and Eighty- Four. Given under my hand and seal, Mayor I II - 23 - Item II-I. 3 CONSENT AGENDA ITEM II 21336 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED a Resolution to authorize the Council Committee to conduct competitive negotiations with financial advisory firms. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None t. Council Members Absent: Robert A. Jones February 06, 1984 -23a- A RESOLUTION TO AUTHORIZE THE COUNCIL COMMITTEE TO CONDUCT COMPETITIVE NEGOTIATIONS WITH FINANCIAL ADVISORY FIRMS WHEREAS, a Committee appointed by Council has received proposals from twelve financial advisory firms, and WHEREAS, the Committee has ranked the written proposals in accordance with the evaluation process outlined in the Requests for Proposal, and WHEREAS, through the evaluation process five firms were selected to give oral presentations to the Committee, and WHEREAS, oral presentations were conducted on January 17, 1984 and, as a result, two firms were selected. NOW, THEREFORE, BE IT RESOLVED that the Committee is hereby authorized to negotiate with each of the two firms in accordance with the procedure for competitive negotiations as prescribed in Section 11-37(3)(b) of the Code of Virginia and to subsequently recommend to the Council the firm most qualified and best suited to perform financial advisory services for the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of February , 1984 February 06, 1984 I II - 24 - Item 11-1.4 CONSENT AGENDA ITEH II 21337 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED a Resolution approving the enlargement and/or extension of the nonconforming use and structure owned by CELIA ELLIOTT and located at 5936 Drum Lane. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert A. Jones February 06, 1984 I II -24a- REQUESTED BY: DEPARTMENT OF PERMITS AND INSPECTIONS RESOLUTION APPROVING THE ENLARGEMENT AND/OR EXTENSION OF THE NONCONFORMING USE AND STRUCTURE OWNED BY CELIA ELLIOTT AND LOCATED AT 5936 DRUM LANE WHEREAS, Celia Elliott desir~s to construct an addition of approximately 438 square feet to her single-family residence located at 5936 Drum Lane, Virginia Beach, Virginia, as shown on the "1.0 ACRE" site on the attached survey; and WHEREAS, the present use and existing structure do not conform to the provisions of the Comprehensive Zoning Ordinance because single-family residences are not allowed in the 1-1, Light Industrial District~ and WHEREAS, pursuant to S105(d) of the Comprehensive Zoning Ordinance, City Council may authorize the enlargement or extension of a nonconforming ilse and the enlargement of a nonconforming structure if Council finds that the use as enlarged or extended and the structure as enlarged are equally appropriate or more appropriate to the zoning district than are the existing nonconformities. NOW, THEREFORE, f38 rr RESOLVED BY THE COUNCIL OF 'rH E CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby finds that the enlargement or extension of the nonconforming use and the enlargement of the nonconforming single-family residence, owned by Celia Elliott and located at 5936 Drum Lane, Virginia Beach, Virginia, as shown on the attached survey, which is herein incorporated by reference, are equally appropriate or more appropriate to the zoning district in which they are located than are the existing nonconformities; and the City Council hereby authorizes the enlargement or extension of the nonconforming use and the enlargement of the nonconforming structure in the manner shown on the attached survey. Adopted by the Council of the City of Virginia Beach, Virginia, on February 06, 1984 :,-. ~< \, '; :,: .':.... ;.) ~. E ~ '~J ~~ CMS/CJ/da 1/17/84 ( 3 ) ......~.". ""...~- ___...;~r <,.: -.-.-..--.'-- (T(";-: .ii !;':,~ ....~-' Cf~fi~~'~v ~ - -24b- .( fl." REMAINDER OF BLOCK 12 N $E 06'MrT TAX PAR,CEL.va 8-4-3-0-128 : S $r. $0' II' Ere.'.' l"- I I "'" ......... 1 BLOCK II .C> '" ...... .. ~ .. ~ '" ~ ~ ~ :::, 11) '> 2 '" ~ ti ... 11) .. <Q ~ c::. - >I: . C> .....", "'. :t"- ~'" ...,~ ~ ~ Q: c::. C> .. '" '" .. .. '" '" "- '" .. REMAINS O~ ::. FORIJIERLr I '.. JOHN T. ~ ELLlorr, JR I .. JOHN T. ELLIOTT EST. D8 121 P 328 4.03 ACRES I --I I I I '(pIPE .. THOMAS C> c> 'c> WILLIE ~ "'EST. , . "- '" '" Pt."t IN AlE P/~E IAI P,J,IE -. r ROAD (s TATU5IUNOE.'FRMI,VEO) BLOCK 18 BLOCK 19 .S5 60.'11 8t1RTON STAr/ON 110.10 S' ~ ~ II J 0 . " '1860 . BLOCK 17 TIM I I SURVEY OF PROPERTY OF CELIA ELLIOTT W 8 8 P 400 BEING A 1.0 AC. PARCEL WITHI" THE EASTERN PORTION OF 8LOCK I~ 08. 121 P 328 JAMES CORNICK FARM MB 55 P 15 BA YSIOE BOROUGH VIRGINIA BEACH, VA. SCALE I H : 100' 18 JULY II~B I I -::::;::.7LT H 0., . '//.' ,/:.:::.,- ,/ 'r . / t.V" /) - , '1'/ / ." <. L-' ..... ~~ ~ l .' .:- \.: r":i::~ t~;)~~:'P r) ~ 1::' ( ,.~ ..",\;.-{~ .. ...3.1 .. {)~-. ';:"~ - tr :1 IY/:}~; 5ct Jl- - ~~if 1-/' ~ -1"1/9 l~K 3' ~t.-: /, A l Gallup Surveyors & Engineers, Ltd. 325 Fnt Colol'llal Road VflGINIA BEACH. VlRGlNI.~ 234:>4 Phone 428-81~ B-4-.jVJI- i-f- ...,..l 2448 ~_ -.;...... ___~_;o- _~_ '-- ..:- -... . , IIIj .. Ii I I - 25 - Item II-I. 5 CONSENT AGENDA ITEM II 21338 Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance to add Section 2-61 to Article II of the CODE of the City of Virginia Beach, Virginia, pertaining to providing General District Court copies of all ordinances passed by City Council. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, Hayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr., Robert G. Jones Council Members Absent: None ~-' February 06, 1984 I II -25a- REQUESTED BY: and VIRGINIA BEACH GENERAL DISTRICT COURT JUVENILE AND DOMESTRIC RELATIONS DISTRICT COURT w.; AN ORDINANCE TO ADD SECTION 2-61 TO ARTICLE II OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PROVIDING GENERAL DISTRICT COURT COPIES OF ORDINANCES PASSED BY CITY COUNCIL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-61 of the Code of the City of Virginia Beach, Virginia, is hereby added and is to read as follows: Section 2-61. Providing General District Court copies of ordinances. The clerk of council shall, as soon as practicable after the close of each session, provide to the Clerks of the City of Virginia Beach General District Court and Juvenile and Domestic Relations District Court certified copies of all ordinances passed at such session. The number of copies provided to the City of Virginia Beach General District Court and Juvenile and Domestic Relations District Court shall be equal to the number of judges presently presiding in that Court, plus one. Adopted by the Council of the City of Virgina Beach, Virginia, on the 6 day of February , 1984. CLL/re 1/13/84 1/16/84 1/20/84 ( 0 RD . G ) , fl '?rf,:~J.~: ,..;.~~, " ~: -. -.-" -'''~~:(~-':'~.~;~,.'''i'~'~-'-''~'~' .~,.,._--~_...-,. -'". ,;l February 06, 1984 "...~.:~..- i"', "'CC'/""'" ~"'... I .' . __.___.1 5J _f4... -" -' - . .~ :.,.,..."ii: . .,. ,..-".' C ._ '-'."" ',; c. ':,1'"., I. . . ~. '" \ "... , '-. .-' - 26 - Item II- 1. 6 CONSENT AGENDA ITEM II 21339 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of $9,525 and transfer funds of $43,000 for communications equipment for the Police Department. A Public Hearing was held this date on this matter. Voting: 10-0 Council Members Voting Aye: ,,"",. John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Heyera E. Oberndorf Council Members Voting Nay: None l"~ , Council Members Absent: Robert A. Jones February 06, 1984 -26a- AN ORDINANCE TO APPROPRIATE FUNDS OF $9,525 AND TRANSFER FUNDS OF $43,000 FOR COMMUNICATIONS EQUIPMENT FOR THE POLICE DEPARTMENT WHEREAS, in the FY 83-84 budget the Police Department received approval to modify existing radio equipment for a new detective frequency, and WHEREAS, Motorola has proposed to replace the old radio equipment with new 9-channel radios and allow a trade-in of $381.00 for each of the old radios totaling $9,525, and WHEREAS, the Police Department desires to obtain this new system at a total cost of $52,525 with funding from the proposed sale of salvage and a transfer of $43,000 within its budget of funds originally designated for the modifications, and WHEREAS, new equipment will provide much better communicatio s for the proposed detective mobile system and will allow for future expansion of frequencies, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $43,000 are hereby transferred within the Police Department budget from maintenance and repair accounts to capital outlay, and that additional funds of $9,525 are hereby appropriated to the Police Department, for the purchase of communications equipment for the detective mobile system. BE IT FURTHER ORDAINED that the additional appropriation be financed by an increase of $9,525 in estimated revenue from the use of money and property. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 19 Public Hearing: February 6, 1984 First Reading: February 6, 1984 Second Reading: i I I February 06, 1984 I II -27- Item 11-1.7 CONSENT AGENDA ITEM II 21340 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED, on FIRST READING, an Ordinance to appropriate funds of $65,000 to the Public Utilities Department for additional capital outlay. A Public Hearing was held this date on this matter. Voting: 10-0 Council Members Voting Aye: ~_. John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert A. Jones February 06, 1984 -27a- AN ORDINANCE TO APPROPRIATE FUNDS OF $65,000 TO THE DEPARTMENT OF PUBLIC UTILITIES FOR ADDITIONAL CAPITAL OUTLAY WHEREAS, a significant increase in building activity over the summer and fall has resulted in additional operating costs for the Department of Public Utilities, and WHEREAS, the Department is requesting an appropriation of $65,000 for additional water meters and water meter boxes as a result of this increased building activity, and WHEREAS, the additional appropriation will be offset by increased revenue generated by the sale of water taps. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $65,000 are hereby appropriated to the Department of Public Utilities for additional water meters and water meter boxes. BE IT FURTHER ORDAINED that estimated revenue from the sale of water taps be increased by $65,000 to offset the appropriation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 19 Public Hearing: February 6, 1984 First Reading: February 6, 1984 Second Reading: February 06. 1984 - 28 - Item II-lo8 CONSENT AGENDA ITEM Ii 21341 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED, on FIRST READING, an Ordinance amending an Ordinance entitled "An Ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $19,570,000". Without changing the TOTAL AMOUNT of authorized Bonds, this Ordinance will decrease the amount of Bond proceeds for engineering and highway projects from $7,526,363 to $7,070,363; increase the amount for parks and recreation projects from $1,112,940 to $1,568,940; and include a bikeway in the list of specific parks and recreation projects. Voting: 10-0 .~ Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry HcCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None tIIM'"f Council Members Absent: Robert A. Jones February 06, 1984 -28a- AN ORDINANCE Ai'1ENDING AN ORDINANCE ENTITLED "AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC U1PROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AHOUNT OF $19,570,000" vffiEREAS, the Council of the City of Virginia Beach, Vir- ginia, adopted an ordinance entitled "An Ordinance Authorizing ",.,".;., the Issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $19,570,000" on December 12, 1983, to provide funds, together with other funds that may be available, for school projects, engineering and high- way projects, dredging the Eastern Branch of the Lynnhavcn River. building projects and parks and recreation projects; and WHEREAS, the Council desires to change the allocation of bond proceeds within two of the five purposes without changing the total amount of authorized bonds; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Paragraph 2 of the foregoing ordinance adopted on ""'" December 12, 1983, is hereby amended to decrease the amount of bond proceeds for engineering and highway projects from $7,526,363 to $7,070,363, to increase the amount for parks and recreation projects from $1,112,940 to $1,568,940 and to include a bikeway in the list of specific parks and recreation projects. 2. Except as amended hereby, the ordinance adopted on December 12, 1983, is hereby ratified and confirmed. 3. This ordinance shall take effect immediately. Approved this _ day of February, 198Lc Mayor '"" FIRST READING: February 6, 1984 SECOND READING: February 06, 1984 -28b- r'.~~.' ~ . J ~ c1l.t ._..__ AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $19,570,000 WHEREAS, the City has retired or will retire indebtedness Ifl;<W' in an amount of not less than $9,570,000 during 1983, so that the City 'tvill be authorized to issue ~oncls in an amount of at least $19,570,000 d~ring 1983 without submitting the question of their issuance to the qualified voters; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the Charter of the City of ,",," Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorizeJ to be issued public improvement bonds of the City of Virginia Beach in the maximum amount of NINETEEN MILLION FIVE HUNDRED AND SEVENTY THOUSAND DOLLARS ($19,570,000) to provide funds, together with other funds that may be available, for the following purposes: School projects, including planning, site acquisition and improvement, construction, enlargement, renovation, repair and equip- ping of schools and related facilities $ 3,308,497 Engineering and highway projects, including right-of-way acquisition, construction, improvement and extension of streets, bridges and highways, and studies, design and construction of drainage systems and related facilities 7,526,363 287,000 A,,",' \ Dredging Eastern Branch Lynnhaven River Building projects, including planning, site acquisition and improvement, construction, alteration, addition, enlargement, renova- tion and equipping of various municipal buildings and facilities, including third February 06, 1984 I II -28c- -1- police precinct, radio tower, animal control building, central library, Virginia Museum of Marine Sciences, human resources building, juvenile court building and district court, landfill expansion and energy conservation 7,335,200 '1fIN' Parks and recreation projects, including planning, site acquisition, renovation and development of new parks and community and recreation centers, golf course and racquet- ball courts TOTAL 1,112,940 $19,570,000 Any amount not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner, including the sale of the same as one or more separate issues or in combination with ~.", the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. This ordinance shall take effect immediately. xlv Approved this ~ day of December, 1983 Mayor JIIIfI'- ~ FIRST READING:cJC)~JQ_J~\{~K3 SECOND READING: o{)..LU'~ ~ IZ, ~ q 13 February 06, 1984 I II - 29 - Item 11-1.9 CONSENT AGENDA ITEM II 21342 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Wilton Lane to ANN DAVIS, her heirs, assigns and successors in title. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. HcC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: ~,n. Robert A. Jones February 06, 1984 -29a- Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY WILTON LANE TO ANN DAVIS, HER HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Ann Davis, her heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Wilton Lane. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a bulkhead and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works · Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Wilton Lane, on the certain plat entitled: "PROPOSED BULKHEAD; PIER; DREDGING; AND RIPRAP IN RAINEYS' GUT AT WILTON LANE," a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Ann Davis, her heirs, assigns and successors in title and that within thirty 30 days after such notice is given, If" \ said encroachment shall be removed from the City right-of-way of Wilton Lane and that Ann Davis, her heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Ann Davis, her heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia February 06, 1984 I I I -29b- Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. P"""I AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Ann Davis executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, , 19 84 . Virginia, on the 6 day of February MES/re 12/2/83 (29C) ,t... APPROVED AS TO CONTENT SIGNATURE . DEPARTMENT G ::J~~~W1lr CITY :,...r')'~ -2- February 06, 1984 I II - 30 - Item II-I.10 CONSENT AGENDA ITEM II 21343 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Ocean Avenue to JOHN W. VAKOS, his heirs, assigns and successors in title. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None ww. Council Members Absent: Robert A. Jones February 06, 1984 I II -30a- Requested By: Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF OCEAN AVENUE TO JOHN W. VAKOS, HIS HEIRS, ASSIGNS AND SUCCESORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, John W. Vakos, his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the right-of-way of Ocean Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining balconies and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works fl' Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Ocean Avenue on the certain plat entitled: "Proposed Motor Hotel 31st & Atlantic Avenue," a copy of which is on file in the Department of Public Work and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to John W. Vakos, his heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City February 06, 1984 -30b- right-of-way of Ocean Avenue and that John W. Vakos, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that John W. Vakos, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that John W. Vakos executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of February , 1 9 84 . MES/sm 1/11/84 (29G) APPROVED AS W) '~i"'^" Slcr.u..TL:~.t DEPAP.TML~; r ,. (" T "fSLffi'""\' . " NJ , ~~.:~;. ...."..1 _ _.. .:J 'A TU;;:f: February 06, 1984 -2- - 31 - Item II - 1. 11 CONSENT AGENDA ITEM II 21344 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance appointing Viewers in the petition of ENDICOTT CORPORATION for the closure of a portion of 89th Street (formerly 126th Street). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara H. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None .' Council Members Absent: Robert A. Jones February 06, 1984 -31a- WALLACE B. SMITH A1TORNEY AT LAW P.O. BOX 6124 VIRGINIA BEACH. VA 23456 m.EPHONE 486-2480 January 31, 1984 .~.. CERTIFICATE OF VESTING OF TITLE I, Wallace B. Smith, attorney for Endicott Corp., do hereby certify that: 1. I am an attorney and represent Endicott Corp., the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Endicott Corp., the holder of the underlying fee in said property. The said property referred to herein is hereby described as follows: fI"o- ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon situate and being in the City of Virginia Beach, Virginia, and known and designated as the northern 1/2 of 89th Street (formerly 126th Street) lying between the western side of Atlantic Avenue and the eastern side of Holly Avenue (closed) as shown on the plat of property owned by G.L. Bonney duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7 page 139. 6-Jd-~ ~,Q~ Wallace B. Smith, Attorney February 06, 1984 I. I -31b- ".."'"~ IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS THE NORTHERN ONE-HALF OF 89TH STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PROPOSED STREET CLOSURE, NORTH ONE HALF OF 89TH STREET, LYING SOUTH OF FT. STORY, EAST OF LOT A, NORTH OF THE SOUTH ONE HALF OF 89TH STREET, WEST OF ATLANTIC AVE. AS SHOWN ON PLAT OF LAKE GEORGE CORPORA- TION, M.B. 95 P.41, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA 29 DEC. '83 MADE FOR ENDICOTT CORP. D.B. 2303, P.250", WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Endicott Corp., respectfully represents as follows: 1. That pursuant to the provisions of ~15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that W""".- certain street, which is more specifically described as follows: EVANS & WOOD A TORNEYSATLAW 'IF~GINIA BEACH VIRGINIA Northern 1/2 of 89th Street (formerly 126th Street) beginning at a point on the west side of Atlantic Avenue at the intersection with the present northern most boundary line of 89th Street (formerly 126th Street) as shown on that certain plat entitled "Plan of Lots Situated in Princess Anne Co., Va. surveyed for G. L. Bonney, Feb. 1926 Scale 40' = 1" recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Va., in Map Book 7, page 139, and also shown on that certain plat recorded in the Clerk's Office aforesaid in Map Book 95, page 41 and from said point of beginning, running thence S 760 03' 56" W 505.47' to a point, which point is also the northern most corner of Lot A as shown on Map Book 95, page 41; thence turning and running S 050 30' E 50.54' to a point; thence turning and running N 760 03' 56" E 505.47' to a point in the western line of Atlantic Avenue; thence turning and running N 050 30' W 50.54' to the point of beginning. February 06, 1984 -31c- Said parcel of land being a portion of 89th Street, as indicated on that certain parcel entitled, "Proposed Street Closure North One Half of 89th Street Lying South of Ft. Story East of Lot A North of the South One Half of 89th Street West ,~..,,"- of Atlantic Ave. as Shown on Plat of Lake George Corporation M. B. 95 P. 41 Lynnhaven Borough Virginia Beach, Virginia 29 Dec. '83, Made for Endicott Corp. D. B. 2303, P. 250", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordiance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of , 1984, as to whether in the opinion of said Viewers, what inconvenience, if ~.. any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 17th day of January, 1984 and on the 26th day of January, 1984, notice of the presenting of this applicatio was published in the Ledgar-Star, a newspaper of general circula- tion, in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street are your Petitioner herein and Paul Douglas Plumb, owner of EVANS & WOOD ^, TORNEYS AT LAW 'HGINIA BEACH VIRGINIA February 06, 1984 I"'" .. ~,~-, """~ NS & WOOD )RNEYSAT LAW lGINIA BEACH VI RGI N IA -31d- Lot A-I, and Richard H. Holt and Susan R. Holt, owners of Lot A-2. Michael E. Wood EVANS & WOOD 1023 Laskin Road, Suite 103 Virginia Beach, Virginia 23451 Respectfully submitted, ENDICOTT CORP. By 1tLJ zJl;~ Of Counsel February 06, 1984 -31e- ORDINANCE APPOINTING VIEWERS WHEREAS, Endicott Corp. has given due and proper notice, in accordance with the statutes for such cases made and provided ~ .t:J, that it will on the 'Sf"' day of February, 1984, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street known as the northern one-half of 89th Street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert, Jr., Robert J. Scott, and David Grochma1 are hereby appointed to view the below described property and report In writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street known as the northern one-half of 89th Street located in the City of Virginia Beach, and more particularly described as follows: February 06, 1984 I II I I I - 3lf- Northern 1/2 of 89th Street (formerly l26th Street) beginning at a point on the west side of Atlantic Avenue at the intersection with the present northern most boundary line of 89th Street (formerly l26th Street) as shown on that certain plat entitled, "Plan of Lots Situated in Princess Anne Co., Va. surveyed for G. L. Bonney, Feb. 1926 Scale 40' = 1" recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Va., in Map Book 7, page 139, and also shown on that certain plat recorded in the Clerk's Office aforesaid in Map Book 95, page 41 and from said point of beginning, running thence S 760 03' 56" W 505.47' to a point, which point is also the notheastern most corner of Lot A as shown on Map Book 95, page 41; thence turning and running S 050 30' E 50.54" to a point; thence turning and running N 760 03' 56" E 505.47' to a point in the western line of Atlantic Avenue; thence turning and running N 050 30' W 50.54' to the point of beginning. All the above as shown upon that certain plat entitled, "Proposed Street Closure North One Half of 89th Street Lying South of Ft. Story East of Lot A North of the South One Half of 89th Street West of Atlantic Ave. as Shown on Plat of Lake George Corporation M.B. 95 P. 41 Lynnhaven Borough Virginia Beach, Virginia 29 Dec. '83 Made for Endicott Corp. D.B. 2303 P. 250.", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordiance closing the aforedescribed street. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH~ VIRGINIA ON FEBRUARY 6, 1984. February 06, 1984 I I - 32 - Item II - 1. 12 CONSENT AGENDA ITEM II 21345 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED the low bid of SUBURBAN GRADING AND UTILITIES, INC. in the amount of $964,000 for Landfill No. 2 Expansion Project; AND, authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: Mfl'I" John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None "j!>'<~ Council Members Absent: Robert A. Jones February 06, 1984 - 33 - Item II-I.13 CONSENT AGENDA ITEM # 21346 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing acquisition of property, in fee simple, for right-of-way for Cleveland Street and Dorset Avenue, and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. Voting: 10-0 Council Members Voting Aye: "Wit John A. Baum, Nancy A. Creech, Harold Heischober, Vice Hayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None ft""",. Council Members Absent: Robert A. Jones February 06, 1984 -33a- I II AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR CLEVELAND STREET AND DORSET AVENUE AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. ,w,.., WHEREAS, in the opinion of the Council of the City of virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled, Right-of-Way Improvements for Cleveland Street and Dorset Avenue C.I.P. #2-963 these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of February , 19~. ~ ""0 ~, "...~, "f APPROVED A:) !... '_Vii;;':'" .--....- JAR/re SIGNATUi;2 1_. ~ DEPN~I,:,1 !.",. 1 / 6 /8 4 ( 9 ) I\~ f'~711'?"~4 G~rr I II - 34 - Item 11-1.14 CONSENT AGENDA ITEM II 21347 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council voted to RATIFY and CONFIRM the administrative action taken rexchedu1ing a Public Hearing for February 13, 1984, regarding a CHARTER change for refunding of Bonds. The Public Hearing was originally scheduled for February 6, 1984; however, there were problems with advertising deadlines, thus the necessity for rescheduling to February 13, 1984. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert A. Jones February 06, 1984 - 35 - Item II-I.15 0('\l\1CPl\1l"'f' A f""oDl\1T\ A T ry1U~A' H f)' ') J. 0 I II - 34b- beginning of such calendar year. For the purposes of this paragraph the terms "bonds," "other obligations" and "indebtedness" shall not include contractual obligations of the f'!,,- city other than bonds and notes. For purposes of determining the amount of bonds or other obligations ee.,~e~ftt-ehe-aftft~a~ i~*...*eft-.ee-tereh-~ft-eh~.-,ara~~a,h-eft-ehe-a.e~fte~~-eefte8-e~ eehe~-e8i*9a.*eft. that may be issued in any calendar year without a ~ere~efte~ an election, there shall not be included (i) bonds or other obligations that were approved at an election and (ii) refunding bonds, in each case issued in such year. Authorized and .ft'...ed bonds or other obligations which could have been i.sued without << ~efe~eftd~. ~ election on December thirty-one in the year they were authorized may be issued in any subsequent year without affecting the annual limitation for such subsequent year. ,,., The total indebtedness of the city as determined in accordance with the provisions of Article VII, Section 10 of the Constitution shall not at any time exceed ten per centum of the .'"' -2- February 06, 1984 I II - 36 - Item II - 1. 16 CONSENT AGENDA ITEM II 21349 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED an Ordinance ratifying the contract executed by the City Manager for water storage space in JOHN H. KERR RESERVOIR. Voting: 10-0 Council Hembers Voting Aye: "......" John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Hayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None .,..,., Council Members Absent: Robert A. Jones February 06, 1984 I II -36a- AN ORDINANCE RATIFYING THE CONTRACT EXECUTED BY THE CITY MANAGER FOR WATER STORAGE SPACE IN JOHN H. KERR RESERVOIR WHEREAS, on December 19, 1983, the City Council of the City of Virginia Beach adopted an ordinance authorizing the City Manager to execute a "CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VIRGINIA BEACH, VIRGINIA FOR WATER STORAGE SPACE IN JOHN H. KERR RESERVOIR," in substantially the form and content of the copy attached thereto and made a part thereof, but with those changes he deemed necessary to protect and promote the interest of the City of Virginia Beach; and WHEREAS, the City Manager has executed such a contract; and the City Council desires to ratify the action of the City Manager in executing the contract, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby ratifies and authorizes the City Manager's action in executing that certain contract, dated the 13th day of January, 1984, and entitled "CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VIRGINIA BEACH, VIRGINIA FOR WATER STORAGE SPACE IN JOHN H. KERR RESERVOIR," a copy of which is attached hereto and made a part hereof. Adopted by the Council of the City of Virginia Beach, Virginia, on February 6, , 1984. CMS/cj 1/19/84 ( F) February 06, 1984 I II f""'", CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF VIRGINIA BEACH, VIRGINIA FOR WATER STORAGE SPACE IN JOHN H. KERR RESERVOIR THIS CONTRACT, entered into this 13th day of January, 1984, by and between THE UNITED STATES OF AMERICA (hereinafter called the "Government") represented by the Contracting Officer executing this contract, and THE CITY OF VIRGINIA BEACH (hereinafter called the "City"); WITNESSETH THAT: ,II'. WHEREAS, the Flood Control Act of 1944 (Public Law 534, 78th Congress), authorized the construction, operation, and maintenance of the John H. Kerr Dam and Reservoir on Roanoke River, Virginia and North Carolina, (herein- after called the "Project"); WHEREAS, the City desires to contract with the Government for the use of storage included in the Project under the discretionary authority of the Chief of Engineers for municipal and industrial water supply, and for payment of the cost thereof 1n accordance with the provisions of the Water Supply Act of 1958, as amended (43 U.S.C. 390b-f); and I II WHEREAS, the City is empowered to contract with the Government and is vested with all necessary powers of accomplishment of the purposes of this .- contract, including those required by Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5d) (as amended); NOW, THEREFORE, the Government and the City agree as follows: ARTICLE 1 - Water Storage Space. (a) Project Construction. The Government, subject to the directions of Federal law and any limitations imposed thereby, has designed and constructed the Project 50 as to include therein" space for the storage of water by the City. I'''' (b) Rights of City. (I) The City shall have the right to utilize an undivided 1.066 percent (estimated to contain 10,200 acre-feet after adjustment for sediment deposits) of the usable storage space in the Project between elevations 268 feet above mean sea level and 300 feet above mean sea level, which usable conservation storage space is estimated to contain 956,900 acre-feet after adjustment for sediment deposits. 2 I II (2) The City shall have the right to order releases to be made by the Government through the outlet works in the Dam, subject to the provisions of Article l(c) and to the extent the aforesaid storage space will provide. ... (c) Rights Reserved. The Government reserves the right to maintain at all times downstream releases through the turbines, gates, or spillway of the dam to meet established water requirements. The Government further reserves the right to take such measures as may be necessary in the operation of the Project to preserve life and/or property, including the right not to make downstream releases during such periods of time as are deemed necessary, in its sole discret~on, to inspect, maintain, or repair F... .'j .. the Project. (d) Quality or Availability of Water. The City recognizes that this contract provides storage space for raw water only. The Government makes no representations with respect to the quality or availability of water and ~~< assumes no responsibility therefor, or for the treatment of the water. (e) Sedimentation Surveys. (1) Sedimentation surveys will be made by the Contracting Officer during the term of this contract at intervals not to exceed fifteen (15) years unless otherwise agreed to in writing by both parties. When, in the opinion of the Contracting Officer, the findings of such survey indicate any project purpose will be affected by unanticipated sedimentation distribu- 3 tion, there shall be an equitable redistribution of the sediment reserve storage space among the purposes served by the Project including municipal and industrial water supply. The total available remainin~ storage space in ,.- the Project will then be divided among the various Project f('atures in the same ratio as was initially utilized. Adjusted pool elevations will be rounded to the nearest one-half foot. Such findings and the storage space allocated to municipal and industrial water supply shall he defined and described as an exhibit which will be made a part of this contract and the reservoir regulation manual will be modified accordin~ly. (2) The Government assumes no responsibility for deviations from estimated rates of sedimentation) or the distribution thereof. Such deviations may cause unequal distribution of sediment r('serve storage greater than estimated) and/or encroachment on the total stora~e at the Project. ..." ARTICLE 2 - Regulation of and Right to Use of Water. The regulation of the use of water released from the aforesaid storage space shall be the sole responsibility of the City. The City has the full responsibility to acquire in accordance with state laws and regulations, and, if necessary, to establish or defend, any and all water rights needed for utilization of the storage provided under this contract. The Government shall not be responsible for diversions by others, nor will it become a party to any controversies involving the use of the storage space by the City except as such controversies may affect the operations of the Government. 4 ... 'I I ARTICLE 3 - Operation and Maintenance. The Government shall operate and maintain the Project and the City shall pay to the Government a share of the costs of such operation and maintenance as provided in Article 5. The City Itl<=- shall be responsible for operation and maintenance of all installations and facilities which it may construct for the diversion or withdrawal of water, and shall bear all costs of construction, operation and maintenance of such installations and facilities. ARTICLE 4 - Measurement of Withdrawals and Releases. The City a~rees to furnish and install, without cost to the Government, suitable meters or measuring devices satisfactory to the Contracting Officer for the measurement of water withdrawn pursuant to this contract. The City shall furnish to the Government monthly statements of all such withdrawals. Prior to the construction of any facilities for withdrawal of water, the City will obtain the Contracting Officer's approval of the meters or measurin~ devices. Such devices shall be available for inspection by' Government representatives at all reasonable times. Releases from the water supply storage space through the Project outlet works shall be made in accordance with written schedules furnished by the City and approved by the Contracting Officer and shall be subject to Article l(c). The measure of all such releases shall be by means of a rating curve of the outlet works, or by such other suitable means as may be agreed upon prior to use of the water supply storage space. ". , 5 I I ARTICLE 5 - Payments. In consideration of the right to utilize the aforesaid storage space in the Project for municipal and industrial water supply purposes, the City shall pay the following sums to the Government: 'P"'. (a) Project Investment Costs. (1) The City shall repay to the Government the amounts stated below which. as shown in Exhibit "A" attached to and made a part of this contract, constitute the entire actual amount of the construction costs, escalated to present day price levels by use of the Engineering News Record Construction Index effective at the beginning of the fiscal year in which the payment is due, allocated to the water storage right acquired by the City under this contract. (2) The Project investment costs allocated to the storage space indicated 1n Article l(b)(l) is $2,275,685, on the basis of the costs presented 1n Exhibit "A. II The amount of the Project investment costs allocated to water supply storage shall be due and payable within 30 days after the City is notified by the Contracting Officer that the contract is approved. (b) Major Replacement Cost. (1) The City viII be required to pay 0.462 percent of the cost of joint-use major replacement items. 6 ... , I! I (2) Payment. Payment of costs, including interest during construction, shall be made either incrementally during construction or in lump sum upon completion of construction. (c) Annual Operation and Maintenance (O&M) Expense. (1) The City shall be required to pay 0.462 percent of th~ annual experienced joint-use O&M expense of the Project. (2) Payment. The first payment for O&M expense for water supply storage is due and payable in advance on the date for payment of Project investment costs as set forth in Article 5(8)(2) and shall be based on O&M expense for the Project in the Government fiscal year most recently ended. Subsequent payments thereafter will be due and payable on the anniversary of the first payment date. The amount of each annual payment will be the actual experienced O&M expense (allocated joint-use) for the preceding fiscal year or an estimate thereof when actual expense information is not available. (d) Major Rehabilitation and Dam Safety Assurance Pro~rams Costs. For costs associated with major rehabilitation programs, the percentage of joint use costs which the City will be required to pay will be in accordance with Article S(c) for water supply storage. For costs associated with dam safety assurance programs, the percentages of joint use costs which the City will be required to pay will be in accordance with Article S(c) for water supply 7 II I storage. Payments for the costs associated with both programs shall be in accordance with Article S(b)(2). 'lloj' (e) The City will repay to the Government all Project investment costs as stated in Article 5(a)(2). If the City does not complete the withdrawal facilities and utilize the stora~e space in Kerr, it will be entitled to a partial refund of the Project investment costs prepaid. The refund will be equal to the Project investment cost paid by the City reduc~d by 2 percent for each year of part of a year that the City owned the storage. (f) Delinquent Payments. If the City shall fail to make any of the aforesaid payments when due, then the overdue pa~ents shall bear interest compounded annually until paid. The interest rate to be used for overdue payments under the provisions of Articles Sea), S(b), S(c), and Sed) above shall be that determined by the Department of Treasury's Treasury Fiscal Requirements Manual (l TFRM 6-8000, "Cash Management"). The amount charged on payments overdue for a period of less than one year shall be figured on a monthly basis. For example, if the payment is made within the first month after being overdue after a IS-day Rrace period from the .anniversary date of the date of notification, one month's interest shall be charged. Thereafter a month's interest will be charged for any portion of each succeeding month that the payment is delinquent. This provision shall not be construed as giving the City a choice of either making payments when due or paying interest, nor shall it be construed as waiving any other riRhts of the Government, at law or in equity, which might result from any default by the City. 8 .. 'I I ARTICLE 6 - Adjustment to Project Construction Cost. """".f The construction cost shown in this contract and the exhibits is based on actual final construction costs. Any further construction cost accruing to the City's water storage right shall be repaid under major replacement if capitalized or under O&M expense if not capitalized. ARTICLE 7 - Duration of Contract. This contract shall become effective when approved by the Secretary of the Army or his duly authorized representative and shall continue in full force and effect for the life of the Project. ARTICLE 8 - Permanent Rights to Storage. Upon completion of the payment by the City as provided in Article 5(a) herein, the City shall have a permanent right, under the provisions of the Act of 16 October 1963 (Public Law 88-140, 43 U.S.C. 390e), to the use of the water supply storage space in the .. Project as provided in Article 1, subject to the following: (a) The City shall continue payment of annual operations and maintenance costs allocated to water supply. (b) The City shall bear the costs allocated to water supply of any necessary reconstruction, rehabilitation, or replacement of Project features which may be required to continue satisfactory operation of the Project. Such costs will be established by the Contracting Officer and repayment arrangements shall be in writing in accordance with the terms and conditions 9 .. 'I II set forth in Article 5(b)(2) for Major Replacement Costs, and be made a part of this contract. (c) Upon completion of 50 years of operation under this contract, the ~~ Contracting Officer shall redetermine the storage space for municipal and industrial water supply in accordance with the provisions of Article lee). Such redetermination of reservoir storage capacity may be further adjusted from time to time as the result of sedimentation resurveys to reflect actual rates of sedimentation and the exhibit revised to show the revised storage space allocated to municipal and industrial water supply. (d) The permanent rights of the City under this contract shall be continued so long as the Government continues to operate the Project. In the event the Government no longer operates the Project, such rights may be continued subject to the execution of a separate contract, or additional supplemental agreement providing for: ~ (1) Continued operation by the City of such part of the facility as is necessary for utilization of the water supply storage space allocated to it; (2) Terms which will protect the public interest; and (3) Effective absolvement of the Government by the City from all liability in connection with such continued operation. 10 ~ ~ 'I I '!$<I ARTICLE 9 - Release of Claims. The City shall hold and save the Government, including its officers, agents and employees harmless from liability of any nature or kind for or on account of any claim for damages which may be filed or asserted as a result of the storage in the Project, or release of water from the Project, ordered by the City or as a result of the construction. operation, or maintenance of the water supply facilities and appurtenances thereto owned and operated by the City except for damages due to the fault or negligence of the Government or its contractors. ARTICLE 10 - Assignment. The City shall not transfer or assign this contract or any rights acquired thereunder, nor suballot said water supply storage space or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this contract, without the approval of the Secretary of the Army, or his duly authorized representative provided that, unless contrary to the public interest, this restriction shall not be construed to apply to any water that may be obtained from the water supply .... storage space by the City and furnished to any third party or parties, nor any method of allocation thereof. ARTICLE 11 - Officials Not to Benefit. No member of or delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 11 'I I ! ARTICLE 12 - Covenant Against Contingent Fees. The City warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or "..,.. bona fide established commercial or selling agencies maintained by the City for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to add to the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE 13 - Environmental Quality. During any construction, operation, and maintenance by City of any facilities, specific actions will be taken to control environmental pollution which could result from such activity and to comply with applicable Federal, State, and local laws and regulations concerning environmental pollution. Particular attention should be given to (1) reduction of air pollution by control of burning, minimization of dust, containment of chemical vapors, and control of engine exhaust gases, and of smoke from temporary heaters; (2) reduction of water pollution by control of sanitary facilities, 'storage of fuels and other contaminants, and control of turbidity and siltation from erosion; (3) minimization of noise levels; (4) onsite and offsite disposal of waste and spoil; and (5) prevention of landscape defacement and damage. 12 . II I ARTICLE 14 - Federal and State Laws. (a) In actin~ under its rights and obligations hereunder. the City agrees to comply with all applicable Federal and State laws and regulations. including but not limited to the provisions of the Davis-Bacon ~~ Act (40 U.S.C. 276 et seq.); the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); Title 29. Code of Federal Regulations. Part 3; and Sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646). The provisions of this subparagraph shall apply only to construction by the City on Project lands or Project properties. (b) The City furnishes. as part of thi, contract. an assurance ~; . ~ (Exhibit B) that it will comply with Title VI .of the Civil Rights Act of 1964 (78 Stat. 241. 42 U.S.C. 2000d. et seq.) and Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32. Code of Federal Regulations. (c) Any discharges of water or pollutants into a navigable stream or tributary thereof resulting from the City's facilitIes ~nd operations undertaken under this contract shall be performed only in accordance with applicable Federal. State, and local laws and regulations. 13 . . il II ARTICLE 15 - Definitions. (a) Project investment costs - The initial cost of the Project, including: land acquisition; construction; interest during construction on ~~ the value of land, labor, and materials used for planning and construction of the Project. (b) Specific costs - The costs of Project features normally serving only one particular project purpose. (c) Joint-use costs - The costs of features used for any two or more Project purposes. (d) Annual operation and maintenance (O&M) expense - Annual expenses funded under the O&M, General account. These expenses include the daily project O&M costs as well as those O&M costs which are capitalized. \. (e) Major replacement cost - Costs funded under the Construction, General account but not associated with initial Project investment costs. (f)' Fiscal Year - refers to the Government's fiscal year. This year begins on 1 October and ends on 30 September. The September calendar year corresponds to the fiscal year. (g) Life of the Project - This is the physical life of the Project. 14 ( ~ ~ II II (h) Major Rehabilitation - This program is to facilitate accomplishment of significant, costly infrequent rehabilitation work at the Project without unduly distorting the Operation and Maintenance General budget. ,~. (i) Dam Safety Assurance Program - This program is to provide for modification of the completed Project to rectify potential safety hazards in light of present day standards, technology, and circumstances. ARTICLE 16 - Approval of Contract. This contract shall be subject to the written approval of the Secretary of the Army or his duly authorized representative and shall not be binding until so approved. IN WITNESS WHEREOF, the parties have executed this contract as of the day and year first above written. . 15 . ' ~ 'I I I APPROVED: THE UNITED STATES OF AMERICA By ~Jn~inRt~ I~~~i Assistant Secretary of the Army (Civil Works) DATE: CITY OF VIRGINIA BEACH, VIRGINIA (f~ /~/11'1 ATTEST: ~,k-./~ ty Clerk 1>f V1rgl.nl.a Beach '\ 16 .( .. . I) II .'15l< CERTIFICATION I .Ll1:z(t:. AINII ,City Attorney for the City of Virginia Beach, Virginia, hereby certify that the foregoing agreement executed by City Manager Thomas H. Muehlenbeck of the City of Virginia Beach, is within the scope of his authority to act upon behalf of the City of Virginia Beach, and that in my capacity as City Attorney for the City, I have considered the legal effect of Section 221 of the 1970 Flood Control Act (Public Law 91-611) and find that the City is legally and financially capable of entering into the contractual obligations contained in the foregoing agreement and that, upon acceptance, it will be legally enforceable. Given under my hand, this IZ-IJ, day of J4.N~"1- 198!/ City of Virginia Beach ,t" .. .. ~ , ., . . ,. . il II EXHIBIT A I - LAKE STORAGE fl"'" Percent of Usable Usable Conservation Feature Elevation Storage* Storage Storage (ft., m.s.!.) (ac. ft.) Flood Control 320 - 300 1,251,400 56.668 Conservation 300 - 268 956,900 43.332 100.000 Water Supply ( 10,200) 0.462 1.066 User - City of ( 10,200) 0.462 1.066 Virginia Beach Hydropower ( 946,700) 42.870 98.934 Total 2,208,300 100.000 *Storage remaining after 100 years of sedimentation from the date the Project became operational, July 1953. .. or . '!, II II EXHIBIT A--Cont'd II - ALLOCATION OF CONSTRUCTION COST Cost ($) Percent of Project Joint- Use Construction Cost Feature Flood control Speci fic Joint-use Recreation Specific Joint-use Water supply Specific Joint-use Hydropower Specific Joint-use $18,023,000 ( 0 ) (18,023,000 ) o 31.65 ( ( ) ) o o ( ) ( ) $69,127,000 (30,205,300) (38,921,700) o 68.35 Total Joint-use $56,944,700 100.00 .. It\lO:" t II II EXHIBIT A--Cont'd .f"" III - CONSTRUCTION COSTS TO BE REPAID BY THE CITY FOR WATER SUPPLY STORAGE Project construction initiated: Closure: February 1946 July 1953 Mid point of construction period: October 1949 ENR Index: ENR Index: Oct 1949: Oct 1983: 477 4127 4127/477 = 8.65 Project joint-use construction cost x contract storage Total usable storage $56,944,700 x 10,200/2,208,300 = 56,944,700 x .00462 = $263,085 Updated cost: $263,085 x 8.65 = $2,275,685 ..' '( 'I I ! JV ANNUAL COSTS TO CITY FOR USE OF WATER SUPPLY STORAGE SPACE Interest and amortization: ,- Operation and Maintenance (1) Joint Use 0.462% x $1,297,929 = 6,000 Major Replacement (2) Joint Use 0.462% x 106,100 = 490 TOTAL ESTIMATED ANNUAL COST = $ 6,490 (1) Payment due and payable on the date specified in Article 5(a)(2). (2) Major replacement costs are payable only when incurred as specified in Article 5(b)(3). It is suggested that the amount shown be placed in a reserve or sunking fund for future contingency. ~ ~ .i ~ I) II EXHIBIT B ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 ,0"1" The City of Virginia Beach, Virginia (hereinafter called "City") HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300, issued as Department of Defense Directive 5500.11, December 28, 1965) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Directive, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of. or be otherwise subjected to discrimination under any program or activity for which the City receives Federal financial assistance from the Department of the Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the City by this Department of the Army, assurance shall obligate the City, or in the case of any transfer of such properly, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits. If any personal property is so provided. this assurance shall obligate the City for the period during which it Tetains ownership or possession of the property. In all other cases. this assurance shall obligate the City for the period during which the Federal financial assistance is extended to it by the Department of the Army. \.. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants. loans. contracts, property. discounts or other Federal financial assistance extended after the date thereof to the City by the Department of the Army, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The City recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the City, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the City. City Beach, Virginia 23456 City Manager, Ci y of Virginia ~ '( .. .. II II STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Ethelyn W. Register, a Notary Public in and for the City and state aforesaid, do hereby certify that THor~s H. MUEHLENBECK, City ....' "-tanager, and RUTH HODGES SMITH, Ci ty Clerk, for the CITY OF VIRGINIA 3EACH, VIRGINIA, whose names as such are signed to the foregoing instrument have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this Lath day of January, 1984. .~ Q -. . /' . i.J-&L~ .:>>' rcwh-~ , Notary Puol c . _ My Conunission Expires: ..:5 -,f -j/.J STATE OF NORTH CAROLINA :ITY/COUNTY OF I , , a Notary Public in and for the :ity/County of do hereby certify that (Contracting Officer) whose name is signed to the foregoing instrument has acknowledged the same before me in my City/ ,," :ounty and State aforesaid. GIVEN under my hand this day of , 1984. Notary Public My Commission Expires: 3TATE OF VIRGINIA ::ITY /COUNTY OF I , , a Notary Public in and for the City/County of do hereby certify that (Assistant Secretary of the Army) whose name Ls signed to the foregoing instrument, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 1984. t ... Notary Public My Commission Expires: .' II ,I II - 37 - Item II-lo17 CONSENT AGENDA ITEM II 21350 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council APPROVED Raffle Permits for: PARENTS UNITED OF VIRGINIA BEACH, INC. PHI THETA KAPPA Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert A. Jones February 6, 1984 - 38 - Item II-I.18 CONSENT AGENDA ITEM II 21351 Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City Council ADOPTED Ordinances authorizing Tax Refunds, in the amounts of $597.11 and $113.97, respectively (totaling $711.08), upon applica- tion of certain persons and upon certification of the Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert A. Jones February 6, 1984 -, ~ -38a- M NC C.I' 7 1/20/84 EMe AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the fOllowing applications for tax refunds upon certification of the Treasurer are hereby approved: ,,""" NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid -.-... E1 . iE! Howeri n 84 Dog V 3971 1/4/84 7.00 W.. 1- am Henry N/A Pkng 8814 1/10/84 10.00 Ri lert D Kel so 83 PP 174047-6 11/23/83 203.28 S. ~phanie A Taylor 80 PP 112621 1 / 5! 84 37.46 C ~ White 83 PP 188252-6 1 /11 /84 230.21 A lantic Permanent B & L 81 RE(1/2) 35404-0 12/5/80 26.40 A lantic Permanent B & L 81 RE(2/2) 35404-0 6/5/81 26.40 A lantic Permanent B & L 82 RE(1/2) 36741-9 12/5/81 28.18 A 1antic Permanent B & L 82 RE(2/2) 36741-9 6/5/82 28.18 Total 597.11 ,..... "'Jr. .~-- (- . ..-...... ....~ .,:, " ,~ ~,..) I '/'" >I" . H1.\J. ,ll .~.. :.., / ;"" 11: I '"r .. , . I ~ ..':I..... " "I/,. 1 : .. . . .; DEPT. OF LA VV This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the~day of February 1984 -- A roved as to f071 /~{Jgl~~ GI' Dale Bimson. City Attorney r/:~( 1ft Ruth Hodges Smith City Clerk p-,. -- -38b- 1/13/84 EMe 'ORM O. ;.A.7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: .... NAME Tax Type Ticket E xonera- Date Penalty I nt. Total Year of Tax Number tion No. Paid ~' Ihn M Beattie 83 PP 162201-3 11 /30/83 9.00 rIme 1 a SMack 82 PP 148830-2 3/15/83 83.97 [ Iward V Fl anagan 83 PP 47229-5 6/2/83 6.00 [ ; te 11 e G Wa tson N/A Pkng 96634 1/ 6! 84 10.00 ( larles H O'Brien l~ II Dog V15214 12/29/83 5.00 u':. Total 113.97 .... "~J.'r":l.oJi~~ :..' ' ,': 1;'\ ~'~'.;J,,\ '.'1). .'4.\ "~!o.. . ; -.. .. Jr,l~ 1 v ,. "> OC'i:>T ')~' .. \.",,' . l..~! . ,,-, ..,J-. 'i oJ ,., , This ordinance shall be effective from date of adoption. The above abatement(s) totaling ~_..__._.._ . .. were approved by the Council of the City of Virginia Beach on the~ day of February. 1984 Approved as to Ruth Hodges Smith City Clerk /,_.(ll. J. ". I hliH UJ. DaWB~ ,City Attorney li'pnrl1::lrv Oh_ lqR4 'I II - 39 - Item II-J.1 PLANNING ITEM It 21352 Attorney Grover Wright represented the applicant (in the absence of Douglas Talbot). A motion was made by Councilman Robert Jones, seconded by Councilman McCoy, to approve an Ordinance upon application of WOODS GREEN RUN II, PHASE V, for a MODIFICATION to the LAND USE PLAN (as shown below). The motion was LOST by a vote of five to six. Voting: 5-6 (LOST) Council Members Voting Aye: Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Robert G. Jones, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: John A. Baum, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, Meyera E. Oberndorf Council Members Absent: None Upon motion by Councilwoman McC1anan, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of WOODS GREEN RUN, II, PHASE V, for a MODIFICATION to the LAND USE PLAN for Green Run as follows: ORDINANCE UPON APPLICATION OF WOODS GREEN RUN II FOR A MODIFICATION TO THE LAND USE PLAN FOR GREEN RUN Ordinance upon application of Woods Green Run II for a Modification to the Land Use Plan for Green Run to include townhouses and apartment/condominiums of 130.084 acres located at the northwest corner of Rosemont Road and Buckner Boulevard. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE AND PRINCESS ANNE BOROUGHS. Voting: 6-5 (MOTION TO DENY CARRIED) Council Members Voting Aye: John A. Baum, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. HcC1anan, Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Robert G. Jones, J. Henry McCoy, Jr., D.D.S. February 06, 1984 - 40 - Item II-J.2 PLANNING ITEM II 21353 Attorney Grover Wright represented the applicant. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance releasing a certain restriction on the rezoning and use permit application of JOHN E. SIRINE AND ASSOCIATES granted on September 10, 1973. City Council voted to reconsider this item on January 9, 1984. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 06, 1984 I II -40a- REQUESTED BY; DEPARTMENT OF PLANNING AN ORDINANCE RELEASING A CERTAIN RESTRICTION ON THE REZONING AND USE PERMIT APPLICATION OF JOHN E. SIRINE AND ASSOCIATES GRANTED ON SEPTEMBER 10, 1973 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, on September 10, 1973, City Council granted the application (No. 1916) of John E. Sirine and Associates for a change of zoning from Residence Suburban District 4 (R-S 4) to Residence Duplex District 2 (R-D 2) and a use permit to construct a professional office at the southwest corner of Bonney Road and South Fir Avenue, subject to certain conditions, one of which was that "ingress and egress shall be from Bonney Road only" (hereinafter the "Condition"); and WHEREAS, John E. Sirine and Associates has requested that the Condition be released; and WHEREAS, upon review of the request by City staff, it has been determined that release of the Condition would be in the best interest of the City of Virginia Beach. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the condition that "ingress and egress shall be from Bonney Road only," imposed upon the rezoning and use permit application of John E. Sirine and Associates granted by City Council on September 10, 1973, is hereby released and that all other conditions of said application shall remain in full force and effect. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day of February , 1984. cj 1/11/84 (J) _0" ..__-,._,~,.".) II - 41 - Item II-J.3 PLANNING ITEM # 21354 Upon motion by Councilwoman McC1anan, seconded by Councilman Heischober, City Council voted to RECONSIDER action taken by Council on January 23, 1984 regarding an Ordinance to AMEND AND REORDAIN ARTICLE 1, SECTION 111, of the COMPREHENSIVE ZONING ORDINANCE pertaining to definitions. (This item was adopted on January 23, 1984.) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McC1anan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: W. H. Kitchin, III and J. Henry McCoy, Jr., D.D.S. Upon motion by Councilwoman McC1anan, seconded by Councilman Heischober, City Council DEFERRED RECONSIDERATION of action taken by Council on January 23, 1984, regarding an Ordinance to AMEND AND REORDAIN ARTICLE 1, SECTION 111, of the COMPREHENSIVE ZONING ORDINANCE pertaining to definitions. Reconsideration was deferred to February 27, 1984 at 7 o'clock in the evening. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. February 06, 1984 I I I -41a- -33a- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DEFINITIONS .... BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 111, Definitions, of the C.Z.O. be amended and re- ordained in part as follows: A~eaae~--A-eeAtt~~e~s-a~ea-wttR-aeeess-te-a-st~eet-e~-8tReF-~ijB+~€ way;-wRteR-ts-8~eA-aAa-~Ae~st~~etea-t8-a-Ret~Rt-ef-Aet-+esS-tRaR-twetve ft2t-feet,-ts-aeeesstBte-te-tRe-~~B+t€-a~~tR~-8~stRess-R8~~s~-Ras-aR aFea-ef-Ret-teSs-tRaR-ftve-R~RaFea-f5QQt-s~ija~e-feet-tR€l~atR~-~eFtteRs eee~~tea-BY-B~t~atR~-eel~mRs,-aRa-Ras-a-mtAtmijm-eeFFt8eF-8tmeRs~eR-ef teR-f~Qt-feet.--~~eR-aFea-sRal~-Ret-ae-m8Fe-tRaR-tRFee-f6j-feet-aaeve tRe-+eve~-8f-tAe-stFeet-wR~eR-~t-aejefRs. ... BeRefteta+-e~eR-s~aee~--Q~eR-s~aee-~e~f8~mtR~-a-Reeessafy-eF-aes~Fae+e f~RetfeR-tR-Fe+atfeR-te-FesfaeRtfal-ijse.--BeReffetal-e~eR-s~aee-maY-~R- e+ijae~-ameR~-etReF-Stmt+af-aFeaS~-e€eaRS;-ffveFs~-iakes~-~aFks~-aRa ~~eijRaS-aFeYRa-~ijelf€-BijfiafR~s. geaFatR9-Re~se.--A-eijfletR9-etReF-tRaR-a-Rete+-eF-metel-wReFe;-feF €em~eRsatteRT-mea+s-eF-lee9~R9-aRa-meal5~-aFe-~F9vfaee-feF-tRFee-f~j eF-meFe~-9Yt-Ret-e*6eeQtR9-RfRe-tgj-9ijest5. Bijt+aa9+e-aFea.--+Re-~9ftfeR-ef-a-~9RfR9-l9t-e*€lYafR~-Fe~Y~Fea-yaFas. gyt+etR9s-maY-ge-~+aeea-~R-aRy-~aFt-ef-tAe-aYflaa8+e-aFea-as-l9R~-as ma*tmwm-let-6eveFage-Fe~ij~FemeRts-aFe-met. 8Yt+ea9+e-afea-ge~ReaFy-ltRe.--ARy-ef-tRe-~ma~~RaFy-ltRe5-wR~eR-e9R- 5tttYtes-a-~eFtmeteF-se~aFattR~-tRe-Bijtlea8le-afea-ff9m-tRe-fe~Y~fe8 yafas-ef-a-~9RtR9-l9t. GaF~eFt.--AR-ae€eSseFy-stf~etijFe-eF-~eFtfeR-8f-a-~F~Ref~a+-stF~etijFe; e9RststfR9-ef-a-Fe9f-aRe-Sij~~eFtfR9-memBeFS-SijeA-aS-eetymRS-9F-Beams; ijReR6l8see-fFem-tAe-9F9YRa-te-tRe-Fe9f-eR-at-least-tw9-f2j-sfees;-aRa aesf9Rea-9F-~sea-~9F-tRe-st9~age-9f-m9t9~-veA~eteS-ewRee-aRa-~see-BY tRe-eee~~aRts-e~-tRe-B~~le~R9-te-wRfeR-~t-~s-aeeess9~Y. beasta+-Aa~aFe-etstF~€t.--+Rat-aFea-SYBje€t-t9-ftee8~R9;-wave-aet~eR aRa-e~es~9R-9y-e9astal-t~ea+-waves-e~-steFms. ~ Community center. A building or group of buildings for a community's educational and recreational activities operated on a non-profit basis. Day care center. ARy-estaBltsRmeRt-wRefe-f~ve-f6j-9F-m9Fe-~e~saRs, e*€l~e~R~-memBeFS-9f-tRe-famflY-gee~~y~R~-tAe-~Femlse5;-afe-eaFea-f9F. +Re-teFm-tRelYees-eaY-RijPSep~es~-klRee~9aFteRs;-eR~le-eaFe-eeRteFs-aRa ae~lt-aay-eape-6eRteps. Any facility operated for the purpose of provid- ing care, protection and uidance to a rou of children se arated from their parents or guardlans urlng a part 0 t e 24 hour day. In regard January 23, 1984 February 06, 1984 I II -41b- -33b- to facilities operated in a private family home as an approved home occupation, this term shall apply only to homes in which five or more children are received except children who are related by blood or marriage to persons who maintain the home. Density. The number of dwelling or lodging units per gross acre. gee~Bel.--A-~A~t-ef-ffieas~~effieAt-ef-tRe-~AteAs~ty-ef-se~Ae-ftRe-se~Ae ~~ess~~e-leYelt. ges~~A-fleee.--tRe-Sete€tee-fteee-a~a~Rst-wR~eR-~~ete€t~eR-~S-~~eY~eee e~-eYeAt~atly-wtlt-Be-~~eY~eee,-BY-ffieaRs-ef-fteee-~~ete€t~Ye-e~-€eRt~et we~~s.--lt-ts-tAe-Basts-fe~-eest~R-aRe-e~e~at~eR-ef-a-~a~t~€~ta~-~~eje€t afte~-f~tt-eeRstee~atteA-ef-f+eee-eAa~a€te~~st~€s,-f~e~~eA€~eS-aAe ~eteAt~als~-aAe-e€eReffi~€-aAe-etAe~-~~a€t~€al-€eAS~ee~at~eAs. ~~e~~eA€y.--As-~see-~A-tRe-Ae~se-~e~~+at~eAs-~s-tRe-A~ffiBe~-ef es€~++at~eAs-~e~-Se€eAe-ef-a-Y~B~at~eA. - ~effieewAe~S-aSse€~at~eA.--AA-~A€e~~e~atee~-AeA-~~ef~t-e~~aA~~at~eR e~e~at~A~-~AGe~-~eee~eee-te~at-a~~eeffieAt5-~~AA~A~-w~tR-tRe-+aR8~--~R8Q~ 5~6R-a~~eeffieAts~-tRe-aSSe€~at~eA-ffiaY-Be-fe~ffiee-eA-tRe-Ba5~5-ef-e~tRe~ ve+~Ata~y-e~-a~teffiatle-ffieffiBe~5R~~.--A-Ye+~Ata~y-e~-AeAa~teffiat~€-aSSe6~a- t~eR-e~e~ateG-w~tR-+aAe-a~~eeffieAt5-B~t-wltR-ffieffiBe~SR~~-aR8-aSSe5SffiQRts- e~t~eAa+-w~tR-tRe-+9t-ewAe~-aAe-e~se~etl9Aa~Y-9A-tRe-~a~t-ef-tRe-e~~aR~~a- tleA-ffiaAa~effieAt.--A-V9+~Ata~y-assge~atl9A-9f-~~e~e~ty-eWAe~5-~S-~5e8-fe~ e~e~at~eA-ef-e9ffiffi~Alty-et~BS-e~-fe~-~e€~eatl9Aat-feat~~eS-5~€R-aS-a SWlffiffilA~-~e9t-e~-~9+f-€+~B-WRe~e~A-tRe-eeve+e~ffieRt-~~9Vl8es-tRe-fa6~+~ty aAG-e9AtlA~eS-R~s-~at~eAa~e-aAe-eWAe~SR~~.--+Re-€eVeRaRts-9~-gtRe~ ege~ffieAts-9f-t~t+e-a~e-A9t-~eee~8ee-aAe-~A6e~~9~ate8-W~tR-ea6R-geeg-gf €9AYeyaAee.--A~t9ffiat~e-ffieffiBe~SRl~-~S-9Ae-~R-WR~€RT fat EaeA-l9t-ewAe~-~A-a-~laAAee-~A~t~-e~-etAe~-ee5€~~gee-+aAe-a~ea a~t9ffiat~ea++Y-Bee9ffies-a-ffieffiBe~-~~9R-~~~€RaSe~-aRg fBt ~aeR-+9t-~s-a~t9ffiatlea++y-s~Bje€t-t9-a-€Ra~~e-f8~-~~e~8~tl9Rate sRa~e-ef-tRe-ex~eAse-fe~-tRe-e~9aAl~atleAls-a€t~Yltles~-5~€R-aS ffialAtalAlA~-68ffiffieA-~~e~e~ty. Homeowners association. An incorporated, non-profit organization made up of homeowners in a specified subdivision or subdivisions, that shall be responsible for maintenance and operation of neighborhood recreation facilities or other community facilities or functions, and that shall assess its members fees or dues to offset the cost thereof. - January 23, 1984 February 06, 1984 I II -41c- ~JIIi"7'" -33c- - Hotel. A building or group of attached or detached buildings con- taining dwelling or lodging units in which fifty (50) percent or more of the units are lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for registration and keeping of records relating to hotel guests. This term also includes motels. tffi~aet-Y~e~at~9Rs~--ea~tR-e9~Re-eSe~ttat~eRs-eee~~p~R~-at-ep-less tRaR-9Re-R~Re~ee-flg9t-t~ffies-~e~-ffi~R~te~ Junkyard. tRe-e~SffiaRtt~R~-ep-wpee~~R~-ef-ffietep-YeR~e+es-ep-tPa~teps, e~-tRe-st9~a~e,-sate-ep-e~ffi~~R~-ef-e~sffiaRttee~-~apt~atly-e~SffiaRttee; geSetete-9~-w~eekee-YeR~eteS-9P-tRe~p-~aPtS-e~-9tRe~-se~a~-ffietatS~ Any lot or parcel of land, structure or part thereof used for the collection, storage and sale of wastepaper, rags or scrap metal or discarded material, or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. - Landscaped. A-ffia~Ata~Aee-apea Devoted exclusively to plants which are rooted directly in the ground or in permanently fixed planter boxes properly maintained. Lot. A piece or parcel of land abutting on a street and created by proper legal instrument. Lot coverage. That ~9Pt~9A percent of a zoning lot covered by enclosed building space including total area of all covered open space (except for open space covered by eaves and normal overhang of roofs) but not including uncovered entrance platforms, uncovered terraces, or uncovered steps where such features do not themselves constitute enclosures for building areas below them. MaR~faet~p~R~~--tRe-ffieeRaR~eat-ep-eReffi~eal-t~aAsf9~ffiat~eA-9f-~A9P~aR~e e~-9~~aR~e-s~estaRees-~Ate-Rew-~~ee~ets~ Marina. A facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located. Mini-warehouses. A series of individual enclosed storage units for rent or lease. .; 1 NeRe9RfePffitR~-t9t~--A-tet-wRteR-waS-~~eYte~sly-tawf~t-B~t-wRteR-eees Ret-eeffi~ty-w~tR-tRe-ffi~R~ffi~ffi-tet-a~ea-9~-w~etA-pe~~~~effieAts-9f-tRe-e~st~~et ~R-WRteA-~t-~S-tgeatee~-e~tAe~-eA-tRe-effeet~Ye-eate-9f-tR~s-ep8~AaAee ep-as-a-~es~tt-9f-aAY-S~Bse~~eAt-affieReffieRt-tRe~ete. NeReeAfe~ffi~R~-S~~R~--ARY-St~R-tawf~t-at-tRe-effeet~Ye-8ate-ef-tA~s e~e~AaAee-e~-affieReffieRt-tAe~ete-WAteR-eees-Ret-eeRfe~ffi-wttA-tRe-a~~t~eaete ~~9Y~S~9AS-9f-tA~s-epe~RaR€e-9P-S~eSe~~eRt-affieAeffieAt-tRepete~-ep-aAY 9tAep-e~e~RaRee-9f-tAe-beee-ef-tAe-btty-ef-V~~~~A~a-BeaeR~ January 23, 1984 I II -41d- 111W't' -33d- N9Re9Rf9~ffilR9-st~~6t~~es~--ARy-st~~6t~~8-WRl6R-WsS-~FeVlg~S~Y-~dWf~~ B~t-wRleR-ageS-Rgt-e9ffi~tY-WltA-tAe-B~tk~-Ys~8~-setBs6k-gF-Re~~Rt-Fe~~~s- tl9RS-9f-tAe-a~st~let-lR-WA~6R-~t-lS-t96stea~-e~tAe~-gR-tRe-effeGt~v8 8ste-9f-tAlS-9~8lRaR6e-9~-sS-s-~eS~tt-9f-sRY-S~BSe~~eRt-sffieRaffieRt tRe~et9~ N9R69Rf9~ffilR9-~se-9f-taRa~--ARy-~se-9f-s-~9RlR9-t9t-WR~6A-WdS-~FeV~g~s~y taWf~+-B~t-wAleR-ageS-R9t-e9Rf9Fffi-t9-tRe-a~~tl6aBte-~Se-Fe~~+atlgRS-gf tAe-alstFlet-lR-WAleA-lt-lS-tgeatea~-eltAeF-9R-tRe-effe6t~ve-Qate-gf-tR~S 9F8lRaAee-9F-as-tAe-FeS~tt-9f-aRY-S~BSe~~eRt-ameRaffieRt-tReFetg. N9Ae9Af9FffilA9-~Se-9f-stF~6t~FeS~--ARy-~se-9f-a-B~l+8lR~-9F-gtReF-stF~6twFe WR~eR-WaS-~peY~9~S+y-lawf~t-9~t-wA~eA-8geS-R9t-69RfgFffi-tg-tAe-i~~+~6aB~e ~5e-Fe~~+itl9RS-gf-tRe-8~stF~6t-~R-WR~6R-~t-~5-+g6ste8~-e~tReF-gR-tRe effe6tlve-8ate-gf-tR~5-QF8~RsR6e-QF-aS-s-FeSW+t-Qf-iRY-SWBSe~~eRt-i~8RQ- lIleRt-tReFetg. ". Q6tive-BdRQ-f~+teF~--AR-~RstF~ffieRt-5tsR8iFQ~~eQ-Qy-tRe-AmeF~6iR-~tsRQiFQ& A5SQ6~it~9R~-~5eQ-tR-6QRJ~R6t~QR-W~tR-s-59WR8-+eVe~-~eteF-tQ-tike-~ei&WFe- lIleRt5-~R-S~e6~f~6-Q6tsve-BsRaS. - P+sRT--~P+sR~-s5-~5ea-~R-AFt~6te-+t~-Fetst~R~-t9-~+sRRea-aeve+Q~~eRt~ SRi++-ffiesR-tRe-~Fg~Q5s+-fQF-a-~+sRRea-aeVe+g~ffieRt-~FQJe6t~-~R6~W9~R9-tR8 SWQ9~V~5~QR-~i~~-s+~-6QV8RsRtS~-9FsRtS-9F-8s5ellleRts-iR9-QtReF-6QR9~t~QRS F8~it~R9-tQ-W5e~-~Q6it~QR-sR9-BW+k-Q~-QW~+Q~R9S~-geRS~tY-Q~-geVe~Q~~8Rt~ 6Q~QR-Q~eR-5~i6e~-iRQ-~WQ+~6-fi6~+~t~es. P+iRReg-geVe+Q~lIleRt-~FQje6t~--~eF-~~F~9SeS-gf-tRese-Fe9W~st~QRS~-s ~~iRR8Q-98V8+Q~~eRt-~s-~iRQ-WRaeF-~R~f~eg-6QRtFQ+~-~+sRRea-iRa-QeVe+Q~eg is-i-WRQ+e-i66QF9~R9-t9-6e~~FeReR5~Ve-aRa-gets~~eg-~~sR5-WR~6R-~R6+Wge R9t-QR+y-stFeets~-wt~+~t~eS~-+Qt5~-eF-Q~~~9~R9-5~te5-sRQ-tRe-+~k8~-bwt i+SQ-slte-~+iR5~-f+Q9F-~+sRS~-aRa-e+eYit~9R5-fg~-s++-QW~~Q~R95-i5-~R- t8RQ8d-tg-be-~g6iteg~-6QRstF~6tea~-~5eg~-iRQ-Fe+iteg-tg-ei6R-QtReF-ttQ tRe-ext8Rt-Fe~~~~eQ-~gF-Qete~IIl~Rat~QR5-tQ-Qe-lIliQe-WRQeF-tRese-Fe9w+it~9R5j~ iRQ-getii~8Q-p+aRS-fQF-QtR8F-~Se5-aRQ-~~pFQVemeRts-QR-tRe-+iRQ-sS-Fetiteg tQ-tR8-QWi+giR9S~-iRQ-w~tR-a-~F99Fslll-fQF-~FQV~S~QR~-9~eFst~9R~-sRQ-~i~Rte- RiR6e-9f-5W6R-iFeiS~-~IIl~FQVeIll8Rt5~-fi6~~~t~85~-iRQ-SeFV~6eS-iS-W~++-be fQF-tR8-69~QR-W5e-QY-5Q~e-QF-a+~-9f-tR8-Q66WpaRt5-Qf-tRe-g~stF~6t-b~t W~++-RQt-be-pFgV~QeQ~-g~eFateQ~-QF-mi~Rts~R8Q-st-geReFa+-pWQ+~6-eXpeR5e. P+aRR~R~-QlFe6tQF~--+Re-~+aRR~R~-Q~Fe6tQF-Qf-tRe-6~ty-QWt-~t-5Ra++-a+5g ~R6+WQ8-Qe5~9RiteQ-Fe~Fe5eRtst~ve5-gf-tRe-Q~Fe6tgFT--A5-i~PFQ~F~ite-tg tRe-6~F6~m5tiR6e5~-i~~F9Vi+-By-tRe-Q~Fe6tQF-5Ri++-~R6+WQe-ippFQVa+-QY-R~S QeS~9RiteQ-Fe~F85eRtat~Ve. Principal structure. A structure that encloses or houses any principal use. - RetalAlA~-Wa~t~--AAy-wall-wAleA-f~Aetl9R-~s-t9-~es~st-tRe-late~at als~laeemeRt-9f-aAY-ffiatef~at. R99f-teYet~--+~e-Al~~est-~9~Rt-9f-t~e-e9~lR~;-R9t-lAet~8~A~-aAy-~aFa~et 9F-faeaae;-9f-a-ftat-f99f-9f-t~e-aeek-t~Ae-gf-a-ffiaRsaFQ-F99f-9f-t~e-aYe~a~e Rel~Rt-9f-t~e-Rl~Aest-~a8le-9f-a-~~teR-9F-R9~-F99f~ . January 23, 1984 February 06, 1984 I II -41e- .,-$"' '.!). -33e- - Reeffi~A~-Ae~se~--A-B~~te~A~-e~-~~e~~-ef-attaeAee-e~-eetaeAee-B~~~e~A~S eeAta~A~A~-~A-eeffiB~AatteA-tA~ee-t3t-te-AtAe-t9t-tee~tA~-~A~ts-fe~ eee~~aAey-fe~-weekty-e~-teA~e~-~e~~eeS-WttA-8~-wttAe~t-Bea~e;-as-etS- t~A~~~sAee-f~9ffi-A8tetS-aAe-te~~~st-AeffieS-~A-WA~eA-~eAtats-a~e-~eAe~attY fe~-ea~ty-e~-weekty-~e~j8es-aRe-eee~~aRey-~s-By-t~aRsjeRts. Shelter for farm employees. A single family residential structure located on a farm for the purpose of housing employees of that farming business. Sign. Any device or display designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however, that flags and insignia of any government or non-profit organiza- tions except when displayed in connection with commercial promotion shall not be included in the application of the regulations herein. .. ' ~e~Ae-teYet-ffiete~~--AR-jRst~~ffieRt-staRea~et~ee-By-tAe-Affie~teaA-~taAea~es Assee~at~9AT-~see-f9~-ffieas~~effieAt-ef-tAe-~AteRs~ty-ef-s9~Ae;-aAe-eatjB~atee jR-eee~Bets,:, - Steaey-state-Y~B~at~eRs~--~a~tABe~Re-eSe~ttatteAS-8ee~~~~A~-ffie~e-tAaA eAe-A~Re~ee-ttQQt-ttffieS-~e~-ffitA~te. Street. A vehicular way, whether public or private, (which may also serve as part of a way for pedestrian traffic) whether called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated. St~eetT-a~te~~at-8~-ffiaje~-st~eet~--A-st~eet-~see-By-e~-eeSt~Aatee ~~~ffia~~ty-f9~-fast-9~-Aeayy-t~affte-aAe-fe~-tAe-~~~~9Se-9f-tAtS-e~etAaAee SAatt-Be-eeRStee~ee-te-Be-as-sAewA-~A-aAy-e8ffi~~eAeAStYe-~taA-e~-eteffieAt tAe~eef-eeSt~RattA~-s~eA-a~te~tat-e~-ffiaje~-st~eets-e~-At~Aways-efftetatty aee~tee-By-etty-ee~Rett. ~t~eet;-e9tteete~,:,--A-st~eet-~see-~~tffia~tty-te-6a~~Y-f~effi-ffitR9~-st~eets t9-a~te~jat-9~-ffiaj9~-st~eets-e~-At~Aways,:, ~t~eetT-ffia~~jRat-aeeess,:,--A-st~eet-~see-te-se~a~ate-t9eat-t~affte-f~9ffi tR~e~~A-t~aff~e-eR-aR-aejaeeRt-tAe~9~~Afa~e-aRe-~~eytee-69Rt~9ttee-tR- ~~ess-t9-aRe-e~~ess-f~9ffi-tA~9~~A-t~affte. ~.. , ~t~eetT-ffitA9~,:,--A-st~eet-~see-~~tffia~tty-fe~-aeeess-te-aB~tttA~-~~e~e~ttes aRe-tRet~ees-ffia~~tRat-aeeess-st~eets-wAteA-a~e-~eAe~atty-~a~attet-aAe aejaeeRt-te-a~te~tat-st~eets-e~-At~Rways-Se~YtA~-aB~tttR~-~~e~e~ttes-aRe ~~eyjetA~-~~eteetjeR-f~effi-f~tetteA-wttR-tA~e~~R-t~afft6. .- Student center. A building or structure devoted to active or passive recreational facilities for students of a COllege or university and operated by an agent of the college or university. --- Student dormitory. A building or structure devoted to housing of regularly enrolled students of a college or university which contains lodging units or sleeping rooms and may contain a common kitchen and dining facility for the occupants and operated. by an agent of the college or university with which the students are affiliated. I I I -4lf- _,,-1~ -33f- ,- +R~ee-e9m~eReRt-meaS~~~R~-SYStem~--A-aeytee-fe~-~eee~atR~-tRe-tRteRStty 9f-aRY-Y~9~at~eR-~R-tR~ee-f3t-m~t~atty-~e~~eRate~taf-a~feett9RS. +9ij~~st-R9me~--A-Bij~ta~R~-e~-~~eij~-ef-attaeRea-9f-8etaeRe8-B~tt8tR~S; e9RtatR~R~-~R-e9mB~Rat~eR-tRfee-f3t-te-R~Re-t9t-t9a~tR~-aRaf9f-8WetttR~ ~R~ts-f9f-eee~~aRey-f9~-aa~ty-e~-weekty-~e~~eaST-w~tR-9f-WttR9~t-eeafa; aRa-~f~maf~ty-f9f-eee~~aReY-By-tfaR5~eRts;-aS-atst~R~ijtSRea-ff9m-m~+ti~te aWettlR~s-aRe-~gemlR~-Re~seS-~R-WR~eR-gee~~aRey-is-~f~maf~+y-9Y-fesjaeRts fatReF-tRaR-tFaRSleRts. YsaBte-~99f-a~ea~--l9tat-f98f-a~ea-9f-~e5laeRttat-BijttatR~S;-~aFa~es; aRa-aeeesS8~y-BijttatR~S-WRteR-RaS-8eeR-taRasea~ea-8F-tm~F9Yea-aS-Feefeatt9R s~aee-f9~-~se-9f-Fes~aeRts-8f-tRe-8eYet8~ffieRt. ~aFa;-s~ee~at~--ARy-yafa-S8-~taeea-9~-9~leRtea-tRat-ReltReF-tRe-tefm SlQe-yaFa-9F-FeaF-yaFa-eteaFty-a~~+~es~ Adopted by the Council of the City of Virginia Beach, Virginia, on the 71 day of .JRnllRry , 1 984 . - ~:Z2f~O;;-tIfIf ;f'~ It -II'-I:> -,)L-:~"'.'t-,-;-7.~~,] I I '~-l" .-,.... ;. I' TO l/:,.....ftAA . . '. ".:.t.; ,.' ~ .~,~J .. <J1UWIl '. ',1 / i / . -...,;;.:.1- }L~_ - j - 'l -d' {.~ , - :'1,-,,'.,. iURE :~!T':' ATTORNEY - I I I - 42 - Item II-J. 4 PLANNING ITEM II 21355 Upon motion by Councilwoman McC1anan, seconded by Councilwoman Oberndorf, City Council DEFERRED, for three weeks (to February 27, 1984), Ordinances to AMEND AND REORDAIN: Article 1, Section 102, of the COMPREHENSIVE ZONING ORDINANCE pertaining to allowed uses; Article 9, Sections 911(a)(8) and 911(c)(1) of the COMPREHENSIVE ZONING ORDINANCE pertaining to use regulations for commercial amusement faci1ites and amusement arcades in the B-2 Communi~y-Business District; * Article 2, Part D, of the COMPREHENSIVE ZONING ORDINANCE pertaining to performance standards. These items were deferred for two weeks on January 23, 1984. *Counci1woman McC1anan stated her desire to add a sentence to the first page of this Ordinance, under Item (8) as follows: (8) Commercial recreation facilities other than those of an outdoor nature. pf6vfded'eft~e-fimttBemefte-fifefideB Bftfi~~-be-pefffifeeed-6ft~Y-fiB-fi-e6ftdfef6ftfi~-ttBet However, when located adjacent to residentia11y- zoned areas, these facilities shall be permitted only as a conditional use. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. February 06, 1984 -42a- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 9. SECTIONS 911(a)(8) AND 91l(c)(1) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR Cor~l~ERCIAL AMUSEMENT FACILITIES AND AMUSEMENT ARCADES IN THE B-2 COMMUNITY-BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 9, Section 9ll(a), Principal uses and structures, of the C.Z.O. b,1 lmended and reorda i ned as fo 11 ows: (8) Commercial recreation facilities other than those of an outdoor nature. ~FeVlaea-tRat-affi~seffieRt-a~Ea8es-sRall ~e-~eFffilttea-eRly-as-a-EeA8ltleRal-~5ef That Article 9, Section 9ll(c), Conditional uses and structures, of the C.Z.O. be amended and reordained as follows: {l} Affi~5effieAt-aF€aaeS; (1) t2} Automobile service stations and~small engine repair establish- ments, provided that all repair work shall be performed within a building; (2) {~} Automobile service stations; provided that, where there is an adjoining residential or apartment district without an inter- vening street. alley or permanent open space over twenty-f;ve (25) feet in width and where lots separated by a district boundary have adjacent front yards, a six (6) foot solid fence shall separate the automobile service station use from'the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district; (3) {4} Borrow pits; (4) {at Bulk storage yards and building contractors' yards; provided that no sale or processing of scrap, salvage, or secondhand material shall be permitted in such yards; and, provided further that such storage yards shall be completely enclosed except for necessary openings for ingress and egress by a fence or wall not less than six (6) feet in height; (5) ta} Car wash facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility. . . ---- 88. ..... ..~j~'r~;::.':TZ~::~~'r\!' '.'_~'~'~J~21~~7.':~' '. ':.,.'. -, ~r~'.~_. ." ..,.. '. ~.';~~~ 0~~-W:;/"".-'';; .r~~.~,-''''_' ..... ....,-... -' ... ,-: :::'r .-'.~~~_ ."r" ~-, . .~:....;.:-;. t - ...-.... . . , . . . ,...;.;:,'.. . - .., . .., ~-' . ..'.. '. .,'. . . -. .. . , ~ .... .-.," '. . . . .... -~ r::. . ....... . J. ,~. . . ~. . (6) (7) ( 8) (9) (10 ) ( 11) (12) (13 ) (14) fH f8~ f9i H9i HH ft2i fB~ P4~ H5~ ,) ! I -42b- Churches; Heliports and helistGps; Hospitals and sanitariums; Mini-warehouses, provided that the yard shall be completely en- closed except for necessary openings for ingress and egress by a fence Or wall not less than six (6) feet in height; Mobile home sales; Outdoor advertising structures, billboards, signboards and poster panels shall be allowed on unimproved property provided the regula- tions of section (part) B of Article 2 and Section 914 hereof are met and further provided that no outdoor advertising sign shall exceed three hundred (300) square feet of surface area; Public utility storage or maintenance installations; Radio and television broadcasting stations and line-of-sight relay devices; Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of City Council, provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 19 ;-. ~.:;--..:':-~;..~;.":~.~':~'- ,~_:....--:..:...- "C','":.., . '. '. . ~~ :-.. # . "_.- ..~ .. . . . .. . ~ ~ .... .'.. . . , 89. i "7' ;_', .....'.~..~-. :---"....:' '-,~:'., ~~ ." ,. " ~ ... ::;: ~,h,;_ .:--::"'-~-~~.\ ,~.~ -'--': .....~.....:~.,..:'-:. "'; ._";:' ,.';..''':;'' ;:'.~. :..- . t:'; -' ':"'-':;'~.:.'~~~~'" ,..-::.::~' ~~~:.:~::::~~~';:' --- . . , . , .... ' "' .... - ,". ." "'., -; ......) ." , . ~ .. '. - . --~ '._",=,' , - .' . , " : ,',_ i. - -~--;~.~~,~. . .':' ...~.;~.: . .~~. .'": -." .... . "...'t : .~.:',:. . ~ ":.. . . :~":...' :........ ..., .,. . '. February 06 , 1984.' . .. "';.;..'~~' 'I II -42c- AN ORDINANCE TO M~END AND REORDAIN ARTICLE 2, PART 0 OF THE COMPREHENSIVE ZONING ORDIr~ANCE PERTAINING TO PERFORMANCE STANDARDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Part 0, Performance Standards, of the C.Z.O. be amended and reordained as follows: -1 Sec. 240. Applicability - delete oJ Sec. 241. Noise regulation - delete Sec. 242. Vibration regulation - delete Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 19 r 84-:--, ! , P' '. . ~-;,'::';:;:;:~~-':~~ .;-;.;~,=;,;: "'.: "";;ili~::-:~'~: '~.~'.'.':::~r" . -,- ,.... .~- '~j.~~;~~;~~~...:~;'-'-' . ."...... '.'- .. . . .,;",.' ';'.;:-0 _'~ . ~...-. :_~;r7 ....~...~}.~;~~:.,..._-.. -~{;";$,~,~~':"7 '..-:7"":'''~'.~ .., .'. ~ .. - . : '.. '~.~_. -,.:."jJ~~~~'~:. ~~. ,~~.~~~ .-',. ~ ...: . :.. .. . -#".,..~; ..... .:.:.... --- ,..... " '. --; ....: . ,- ~ . . ,-; i"'~'::4; ~~7?J ~ . . . ."'... .' " _ . .... + _',_ _',: r - . . ....,~,:-, . . . . . ,,-;;i;~~1{;,;~,& . ." ,:~.;. '~~\~,}.ji:.~~....:,.,~,~,:i.: ~ ~T.,' ~.' - '.'~~.:.;~.~< . ':', _' ." ~.:i:~:<<': '.: .. ;-.-;1.0..: . ,.~ .~. .; -: ...'"':"; " -,":::':'.,-' ~".~..... ""...; . ;--: ;--~. .r.... . :'~ "'';'~~_' . . -. ,.'February 06, 1?84 - ,;;'~ - . ~. .-: .' -42d- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE J, SECTION 102 OF THE COMPREHENSIVE ZONI'NG ORDINANCE PERTAINING TO ALLOWED USES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 102, Establishment of districts and official zoning maps, of.the C.Z.O. be amended and reordained in part as follows: (c) Uses Allowed. In each zoning district there may be allowed rinc; al uses, conditional uses, and accessor uses. No use shall be allowed as a principal use in any zoning lstrict unless in the opinion of the Zoning Administration Officer it constitutes a principal use as provided in that district, and if allowed, it shall be allowed by ri'ght without further permits being required except as required by other ordinances of the City. No use shall be allowed as a conditional use in any zoning district unless in the opinion of the Zoning Administra- tion Officer it constitutes a conditional use as rovided in that district and unless a conditlonal use permit or sue use has been granted by the City Council and remains valid in accordance with Article II, Section C of this ordinance. No use shall be allowed as an accessory use in any zoning district unless in the opinion of the Zoning Administration Officer it constitutes an accessory use as ~rovided in that district, and if allowed, it shall be allowed by right without further permits being required except as required by other ordinances of the City. Definitions of terms used to describe accessory uses shall be further limited by the definition of accessory use as 'provided in Section 111 of this ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 19 86. ..~..,.\.. ,..... S'!";,':, :'.-:.-._,-..::-: . ','"_' . ,.:; " . " -::,1 - ,^~>-::':' ">I~~~~~' -: .~. . ,. '. ~~. ~'~.:~"'~::,- ~-.'i:;~ :-:"?"7i ':?!;:;";~:i:?~_" ;.. .' ".- -" ./:,;~~;~~> . . ...,' . r..:'.:~ .-- -'-~ '~--""'_~"'''.- 1--.. ...",' ~'.:- . .- .., , .' . ~ .-.-.. ;,- ..' - - "" ~'. . . r . - ~ Feb,ruary 06, 1984' -' , .. c', . ." "~'-.'. ~....( '. :...~... . , - 43 - Item II-J. 5 PLANNING ITEM II 21356 VICE MAYOR HENLEY PRESIDING. Attorney Gardiner Haight represented the applicant. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance closing, vacating and discontinuing portions of Pine Street, Poplar Street, Third Street and Race Street in the petition of RUNNYMEDE CORPORATION, subject to conditions as outlined below: Closure is subject to the following conditions: 1. The ultimate disposition of this right-of-way shall be by means of purchase rather than direct conveyance to the adjoining property owner, subject to determination by the City Attorney's Office, and subject to compliance within 180 days. 2. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to insure that all lots have access to a public street, and subject to compliance within 180 days. 3. Dedication of a 60-foot drainage easement along the Toll Road in accordance with a previous agreement between the City and Aspinwall/Runnymede Corporation, and subject to compliance within 180 days. 4. Pfevisieft-ef-B-etll-de-SBe-B~-~fte-~efmifttls-ef-RBee-S~fee~. Hewevef,-i~-sftetlld-be-fte~ed-~ftB~-~ftis-eeftdi~ieft-mB'j-be-wBived if-~fte-stlbseqtleft~-develepmeft~-plBft-SfteWS-~ftefe-is-fte-fteed fef-i~. A Bond (as determined by the City Attorney) shall be substituted in lieu of the installation of a cu1 de sac. 5. ~fte-eleStlfe-ef-~ftis-figft~-ef-WBY-SftBll-be-eeft~iftgeft~-tlpeft eempliBftee-wi~ft-~fte-Bbeve-MB~ed-eeftdi~iefts-wi~ftift-l88-dB'jS ef-~fte-BppfevBl-b'j-€i~'j-€etlfteil. A Bond (as determined by the City Attorney) shall be substituted in lieu of the 180- day provision. Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Mayor Louis R. Jones February 06, 1984 I I I -43a- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING PORTIONS OF THOSE CERTAIN STREETS OF VARIABLE WIDTH KNOWN AS RACE STREET, POPLAR STREET, PINE STREET, AND THIRD STREET, LOCATED IN THE LYNN HAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PORTIONS OF RACE STREET, POPLAR STREET, PINE STREET, AND THIRD STREET TO BE CLOSED - LYNN HAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA". WHEREAS, it appearing by affidavit that proper notice has been given by The Runnymede Corporation, that it would make application to the Council of the City of Virginia Beach, Virginia, on ____ day of , 1983, to have the hereinafter described streets discontinued, closed, and vacated; and WHEREAS, IT IS THE JUDGMENT OF THE COUNCIL that said streets be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the council of the City of Virginia Beach, Virginia, that the hereinafter described streets be discontinued, closed, and vacated: Pine Street beginning at the Southeast corner of Lot 20, Block 9, on the Plat of Jacksonda1e, recorded in Map Book 55, page 24, thence North 04024'13" East a distance of 106.40 feet to a point and thence North 85004'13" East a distance of 66.89 feet to a point and thence South 04024'13" West a distance of 115.31 feet to a point and thence North 87016'52" West a distance of 66.03 feet to the point of beginning. <Portion to be vacated is designated as 0.168 acre of Pine Street.) .. Poplar Street beginning at the Southeast corner of Lot 20, Block 10, on the Plat of Jacksonda1e, recorded in Map Book 55, page 24, thence North 04024'13" East a distance of 91.42 feet to a point and thence South 69044'32" East a distance of 68.61 feet to a point and thence South 04024'13" West ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON FEBRUARY 5, 1984. February 06, 1984 -43b- . a distance of 70.74 feet to a point and thence North 87016'52" West a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.123 acre of Poplar Street.) Third Street beginning at the Southwest Corner of Lot 20, Block J, Plat of Part of Jacksonda1e, for the Rosemont Corporation, recorded in Map Book 2, page 51, thence South 87016'52" East a distance of 151.31 feet to a point and thence South 60030'46" East a distance of 111.02 feet to a point and thence North 87016' 52" West a distance of 251.90 feet to a point and thence North 04024'13" East a distance of 50.02 feet to the point of beginning. (Portion to be vacated is designated as 0.231 acre of Third Street). Race Street beginning at its easterly side at its intersection with the Southerly side of the Right-of-Way of Route 44 (North-Virginia Beach Expressway), thence North 75004' 59" West a distance of 26.09 feet to a point and thence North 60030'46" West a distance of 44.55 feet to a point and thence South 04024'13" West a distance of 66.25 feet to a point and thence South 60030'46" East a distance of 24.13 feet to a point and thence South 75004'59" East a distance of 44.90 feet to a point and thence North 04024'13" East a distance of 61.02 feet to the point of beginning. (Portion to be vacated is designated as 0.096 acre of Race Street.) Said parcels of land being portions of Race Street, Poplar Street, pine Street, and Third Street as indicated on that certain plat showing portions of Race Street, Poplar Street, Pine Street, and Third Street to be closed. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, as grantor. SECTION III February 06, 1984 'I II -43c- LAW OFFICES FINE, FINE, LEGUM 8c FINE LOUIS a. FINE MORRlS H. FINE HOWARD I. LEGUM ANDREW S. FINE PROFESSIONAL ASSOCIATION 720 LAW BUILDING GRANBY AND PLUME STREETS L.EWIS ALL.EN JOHN R. LOMAX GARDINER M. HAIGHT NORFOLK, VIRGINIA 235'0 VIRGINIA BEACH OFFICE 41 4 LASKIN ROAD VIRGINIA BEACH, VIRGINIA 23451 TELEPHONE (604) 622-6363 TELEPHONE (804) 622-6383 CERTIFICATE OF VESTING OF TITLE I, Gardiner M. Haight, attorney for The Runnymede Corporation, do hereby certify that: 1. I am an attorney at law and represent The Runnymede Corporation, the petitioner. 2. If the property described below is discontinued, closed, and vacated by the Council of the City of Virginia Beach, Virginia, then titled to said property will vest in The Runnymede Corporation, the Commonwealth of Virginia, Robert W. Rodgers, and Martin L. Cornick, Jr., and Margaret Wilson Cornick, the adjacent landowners. 3. The said property referred to herein is hereby described as follows: Pine Street beginning at the Southeast corner of Lot 20, Block 9, on the Plat of Jacksondale, recorded in Map Book 55, page 24, thence North 04024'13" East a distance of 106.40 feet to a point and thence North 85004'13" East a distance of 66.89 feet to a point and thence South 04024'13" West a distance of 115.31 feet to a point and thence North 87016'52" West a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.168 acre of Pine Street.) Poplar Street beginning at the Southeast corner of Lot 20, Block 10, on the Plat of Jacksondale, recorded in Map Book 55, page 24, thence North 04024'13" East a distance of 91.42 feet to a point and thence South 69044'32" East a distance of 68.61 feet to a point and thence South 04024'13" West a distance of 70.74 feet to a point and thence North 87016'52" West a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.123 acre of Poplar Street.) February 06, 1984 'I II -43d- FINE, FINE, LEGUM Be FINE Third Street beginning at the Southwest Corner of Lot 20, Block J, Plat of Part of Jacksonda1e, for the Rosemont Corporation, recorded in Map Book 2, page 51, thence South 87016'52" East a distance of 151.31 feet to a point and thence South 60030'46" East a distance of 111.02 feet to a point and thence North 87016'52" West a distance of 251.90 feet to a point and thence North 04024'13" East a distance of 50.02 feet to the point of beg inning. (Portion to be vacated is designated as 0.231 acre of Third Street) . Race Street beginning at its easterly side at its intersection with the Southerly side of the Right-of-Way of Route 44 (North-Virginia Beach Expressway), thence North 75004'59" West a distance of 26.09 feet to a point and thence North 60030'46" West a distance of 44.55 feet to a point and thence South 04024'13" West a distance of 66.25 feet to a point and thence South 60030'46" East a distance of 24.13 feet to a point and thence South 75004'59" East a distance of 44.90 feet to a point and thence North 04024'13" East a distance of 61.02 feet to the point of beginning. (Portion to be vacated is designated as 0.096 acre of Race Street.) " .f" " ..-" ) ,/ ( GARDINER M. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON FEBRUARY 6, 1984 February 06, 1984 III - 44 - Item II-J. 6 PLANNING ITEM II 21357 Upon motion by Councilwoman McC1anan, seconded by Councilman Baum, City Council voted to allow WITHDRAWAL of an Ordinance upon application of W. K. AND BETTY LOU WIDGEON for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF W. K. AND BETTY LOU WIDGEON FOR A CHANGE OF ZONING FROM AG-2 TO B-2 Ordinance upon application of W. K. and Betty Lou Widgeon for a Change of Zoning_Di~trict Classification from AG-2 Agricultural District to B-2 Community-Business District on certain property located on the north side of Holland Road beginning at a point 7230 feet more or less west of Princess Anne Road, running a distance of 201.38 feet along the north side of Holland Road, running a distance of 600 feet along the western property line, running a distance of 200 feet more or less along the northern property line and running a distance of 600 feet along the eastern property line. Said parcel contains 2.76 acres more or less. PRINCESS ANNE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Mayor Louis R. Jones February 06, 1984 I, - 45 - Item II-J. 7 PLANNING ITEM II 21358 Attorney Glenn Croshaw represented the applicant. Upon motion by Councilwoman McC1anan, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of BANK OF VIRGINIA BEACH for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF BANK OF VIRGINIA BEACH FOR A CHANGE OF ZONING FROM AG-2 TO B-1 Z0284809 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Bank of Virginia Beach for a Change of Zoning District Classification from AG-2 Agricultural District to B-1 Business- Residential District on certain property located on the east side of North Landing Road beginning at a point 120 feet more or less north of Courthouse Drive, running a distance of 163 feet along the east side of North Landing Road, running a distance of 420 feet along the northern property line, running a distance of 300 feet more or less along the eastern property line, running a distance of 140 feet in a northwesterly direction, running a distance of 150 feet more or less in a northeasterly direction and running a distance of 228.2 feet in a northwesterly direction. Said parcel is located at 2429 North Landing Road and contains 2.1 acres. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following will be required: 1. Dedication of right-of-way for the extension of Courthouse Drive as per the Master Street and Highway Plan and the Courthouse Circulation Plan on file with the Department of Public Works/Engineering. The following condition will be met: 1: Compliance and review of the Historical Review Board. This Ordinance shall be effective the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty-Four. February 06, 1984 'I II - 46 - Item II-J.7 PLANNING ITEM # 21358 (continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 06, 1984 - 47 - Item II-J. 8 PLANNING ITEM II 21359 Attorney James Evans represented the applicant. Upon motion by Councilwoman McC1anan, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of BERNARD KROLL AND ALBERT A. KROLL for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF BERNARD KROLL AND ALBERT A. KROLL FOR A CHANGE OF ZONING FROM A-1 TO B-2 Z0284810 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Bernard Kroll and Albert A. Kroll for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-Business District on parcels located on the east side of Holland Road. Parcell: Located on the south side of Holland Road beginning at a point 315 feet south of Lynnhaven Parkway, running a distance of 287.32 feet along the east side of Holland Road, running a distance of 506.41 feet in a northeasterly direction, running a distance of 103.26 feet in a northwesterly direction, running a distance of 120 feet more or less in a northerly direction, running a distance of 175 feet more or less in a southwesterly direction, running a distance of 330 feet more or less in a southerly direction, running a distance of 70 feet in a northwesterly direction and running a distance of 50 feet in a southwesterly direction. Parcel 2: Located 650 feet more or less east of Holland Road beginning at a point 250 feet more or less south of Lynnhaven Parkway, running a distance of 750 feet more or less in a northeasterly direction, running a distance of 75 feet in a southeasterly direction, running a distance of 750 feet more or less in a southwesterly direction and running a distance of 75 feet in a northwesterly direction. Said parcels contain 4.1 acres. PRINCESS M~NE BOROUGH. This Ordinance shall be effective the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty-Four. February 06, 1984 - 48 - Item II-J.8 PLANNING ITEM II 21359 (continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, * W. H. Kitchin, III, Reba S. McC1anan, J. Henry HcCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verba1 aye. February 06, 1984 - 49 - Item II-J. 9 PLANNING ITEM II 21360 Attorney Gary Arsenault represented the applicant. Upon motion by Councilwoman McC1anan, seconded by Councilwoman City Council ADOPTED an Ordinance upon application of JAMES G. for a Change of Zoning per the following: Oberndorf, GAYLORD ORDINANCE UPON APPLICATION OF JAMES G. GAYLORD FOR A CHANGE OF ZONING FROM A-1 TO 0-1 Z0284811 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of James G. Gaylord for a Change of Zoning District Classification from A-I Apartment District to 0-1 Office District on property located at the northwest corner of Rosemont Road and Bancroft Avenue on Lots 31- 36, Block 22, Pecan Gardens. Said parcel contains 18,164 square feet. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following conditions will be met: 1. Resubdivision of the property and vacation of internal lot lines to avoid the creation of nonconforming lots. 2. A five-foot dedication along the frontage on Rosemont Road, 45 feet from the centerline of the existing 80-foot right-of-"7ay to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. This Ordinance shall be effective the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty--Four. Voting: 9- 2 Council Members Voting Aye: John A. Baum, Nancy A. Creech,* Harold Heischober,* H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: None *Verba1 aye. February 06, 1984 'I II - 50 - Item II -J . 10 PLANNING ITEM II 21361 Attorney Grover Wright represented the applicant. Stephen Lassiter, Rosemont Forest Civic League, spoke in favor of the application. This item was deferred for one week on January 16, 1984, and for an addi- tional two weeks (at the request of the applicant) on January 23, 1984. Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of R. G. MOORE for a Change of Zoning per the following: ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A CHANGE OF ZONING FROM R-5 TO A-1 Z0284812 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore for a Change of Zoning District Classification from R-5 Residential District to A-1 Apartment District on certain property located on the east side of Indian River Road beginning at a point 2700 feet more or less south of Lynnhaven Parkway, running a distance of 306.12 feet along the east side of Indian River Road, running a distance of 2128.20 feet along the southern property line, running a distance of 771.88 feet along the eastern property line and running a distance of 2217.13 feet along the northern property line. Said parcel contains 23.7 acres. 'KEMPSVILLE BOROUGH. As a condition of the rezoning, the following is required: 1. The applicant voluntarily agreed to restrict development to a total of 186 units. This Ordinance shall be effective the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty-Four. Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, W. H. Kitchin, III, Reba S. McC1anan and Meyera E. Oberndorf Council Members Absent: None February 06, 1984 - 51 - Item II-J.11 PLANNING ITEM # 21362 Attorney Grover Wright represented the applicant. Upon motion by Councilwoman McC1anan, seconded by Councilwoman Oberndorf, City Council ADOPTED Ordinances upon application of R. G. MOORE for Changes of Zoning per the following: ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A CHANGE OF ZONING FROM AG-1 TO R-6 Z0284813 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore for a Change of Zoning District Classification from AG-1 Agricultural District to R-6 Residential District on certain property located 590 feet south of Culver Lane beginning at a point 1065 feet east of Oceana Boulevard, running a distance of 647 feet along the western property line, running a distance of 1704.30 feet along the southern property line, running a distance of 1861.29 feet along the eastern property line, running a distance of 635 feet along the northern property line, running a distance of 942 feet in a southwesterly direction and running a distance of 895 feet in a northwesterly direction. Said parcel contains 47.5 acres. PRINCESS ANtI:E BOROUGH. AND, ORDINANCE UPON APPLICATION OF R. G. MOORE FOR A CHANGE OF ZONING FROM AG-2 TO R-6 Z0284814 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore for a Change of Zoning District Classification from AG-2 Agricultural District to R-6 Residential District on certain property located on the south side of Culver Lane beginning at a point 1065 feet east of Oceana Boulevard, running a distance of 1303.37 feet along the south side of Culver Lane, running a distance of 942 feet in a. southwesterly direction, running a distance of 895 feet along the southern property line and running a distance of 590 feet along the western property line. Said parcel contains 17.9 acres. PRINCESS ANNE BOROUGH. Prior to the changing of the official zoning maps, the following will be required: l. A variable width dedication of right-of-way along the frontage on Culver Lane, 45 feet from the centerline of the existing variable width right-of-way to provide for an ultimate 90-foot connector road between Oceana Boulevard and Dam Neck Road as per the Master Street and Highway Plan. February 06, 1984 I I - 52 - Item II-J.11 PLANNING ITEM II 21362 (continued) These Ordinances will be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty-Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 06, 1984 - 53 - Item II-J .12 PLANNING ITEM II 21363 Attorney Robert Cromwell represented the applicant" Upon motion by Councilwoman McC1anan, seconded by Councilman Heischober, City Council ADOPTED Ordinances upon application of LANDSTOWN MEADOWS ASSOCIATES for Changes of Zoning per the follmving:: ORDINANCE UPON APPLICATION OF LANDSTOWN ]~EADOWS ASSOCIATES FOR A CHANGE OF ZONING FROM AG-1 TO R-8 Z0284815 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Landstown Headows Associates for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on parcels located on the west side of Holland Road. Parcell: Located 600 feet west of Holland Road beginning at a point 4950 feet south of l,andstown Road, running a distance of 475.8 feet along northern property line, running a distance of 454.16 feet in a southeasterly direction, running a distance of 180.85 feet in a westerly direction, running a distance of 182.82 feet in a southwesterly direction, running a distance of 738 feet along the southern property line and running a distance of 770 feet along the eastern property line. Parcel 2: Located 2700 feet more or less west of Holland Road beginning at a point 6100 feet more or less south of Landstown Road, running a distance of 735 feet along the northern property line, running a distance of 519 feet along the western property line, running a distance of 240 feet in a southeasterly direction, running a distance of 565 feet along the southern property line and running a distance of 633 feet along the eastern property line. Said parcels contain 18.03 acres. PRINCESS ANNE BOROUGH. AND, February 06, 1984 -54- Item II-J .12 PLANNING ITEM II 21363 (continued) ORDINANCE UPON APPLICATION OF LANDSTOWN HEADOWS ASSOCIATES FOR A CHANGE OF ZONING FROM AG-2 TO R-8 Z0284816 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Landstown Meadows Associates for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on parcels located on the west side of Holland Road. Parcell: Located on the west side of Holland Road beginning at a point 4950 feet south of Landstown Road, running a distance of 1174.38 feet along the west side of Holland Road, running a distance of 867 feet along the southern property line, running a distance of 770 feet along the western property line and running a distance of 600 feet along the northern property line. Parcel 2: Located 3676 feet more or less west of Holland Road beginning at a point 6700 feet more or less south of Landstown Road, running a distance of 200 feet along the southern property line, running a distance of 135 feet along the western property line and running a distance of 240 feet in a southeasterly direction. Said parcels contain 14.97 acres. PRINCESS ANNE BOROUGH. AND, February 06, 1984 - 55 - Item II -J .12 PLANNING ITEM II 21363 (continued) ORDINANCE UPON APPLICATION OF LANDS TOWN HEADOWS ASSOCIATES FOR A CHANGE OF ZONING FROM R-g TO PD-H2 Z0284817 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Landstown Meadows Associates for a Change of Zoning Distric~~ Classification from R-8 Residential District to PD-H2 Planned Unit Development District on parcels located on the west side of Holland Road. Parcell: Located on the west side of Holland Road beginning at a point 4950 feet south of Lands town Road, running a dis tance of 117 Lf. 38 feet along the west side of Holland Road, running a distance of 1605.00 feet along the southern property line, running a distance of 182.53 feet in a northerly direction, running a distance of 180.8 feet in an easterly direction, running a distance of 545.16 feet in a northwesterly direction and running a distance of 1075.8 feet along the northern property line. Parcel 2: Located 2700 feet more or less west of Holland Road beginning at a point 6100 feet more or less south of Landstown Road, running a distance of 735 feet along the northern property line, running a distance of 654 feet along the western property line, running a distance of 765 feet along the southern property line and running a distance of 633 feet along the eastern property line. Said parcels contain 33 acres. PRINCESS P~NE BOROUGH. Prior to the changing of the official zoning maps, the following condition will be met: l. A 15-foot dedication along the frontage on Holland Road, 30 feet from the centerline of the old 30-foot right-of-way to provide for a standard 60-foot right-of-way. February 06, 1984 - 56 - Item II-J.12 PLANNING ITEM II 21363 (continued) These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty-Four. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: None February 06, 1984 - 57 - Item II -J .13 PLANNING ITEM II 21364 Attorney Grover Wright represented the applicant. Upon motion by Councilwoman McC1anan, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of WARNIE E. AND NITA F. CONLEY for a Conditional Use Permit for mini-warehouses pl~r the following: ORDINANCE UPON APPLICATION OF WARNIE E. AND NITA F. CONLEY FOR A CONDITIONAL USE PERMIT FOR MINI- WAREHOUSES R0284606 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Warnie E. and Nita F. Conley for a Conditional Use Permit for mini- warehouses on certain property located on the west side of Holland Road beginning at a point 652 feet north of Shipp's Corner Road, running a distance of 166.7 feet along the west side of Holland Road, running a distance of 1471.57 feet along the northern property line, running a distance of 170.39 feet along the western property line and running a distance of 1356.16 feet along the southern property line. Said parcel contains 4.915 acres. PRINCESS ANNE BOROUGH. The following conditions apply: 1. All lighting is to be directed to the interior of the site and shielded from adjacent properties. 2. A six-foot solid privacy fence shall enclose the storage area. 3. Dedication of that portion of the proposed right-of-way for Holland Road in accordance with plans on file in the City Engineer's Office. 4. Dedication of that portion of proposed Canal No. 4 easement as set forth in the alignment on file with the City Engineer's Office. This Ordinance shall be effective the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty--Four. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry HcCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Harold Heischober and Robert G. Jones February 06, 1984 III - 58 - Item II-J.14 PLANNING ITEM II 21365 Michael Inman represented the applicant and presented a map depicting the site location. In favor: Father James Dorson, Church of the Holy Family; and, Chairman, Mother Seton House, Inc. Father Michael Hanna, Saint Nicholas Parrish Mary Ellen Cox, member of Saint Nicholas Parrish Council (read a letter from Richard Annex) In opposition: Robert Garrett, resident of Kings Grant Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of MOTHER SETON HOUSE, INC. for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF MOTHER SETON HOUSE, INC. FOR A CONDITIONAL USE PERMIT FOR A CHILDREN'S GROUP HOME R0284607 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Mother Seton House, Inc. for a Conditional Use Permit for a children's group home on certain property located on the southeast corner of North Lynnhaven Road and Little Neck Road, running a distance of 602.24 feet along the south side of Little Neck Road, running a distance of 640 feet along the eastern property line, running a distance of 898 feet more or less along the southern property line, running a distance of 425.15 feet along the east side of North Lynnhaven Road and running around a curve in a northeasterly direction a distance of 275.74 feet. Said parcel contains 12.458 acres. LYNNHAVEN BOROUGH. The following conditions apply: 1. Installation of automatic sprinkler and fire alarm systems meeting the approval of the Fire Protection Engineer. 2. Limitation of twenty children, each to be housed for a maximum of two weeks. 3. There shall be no construction of new buildings on the site for the use authorized by this Conditional Use Permit. This Ordinance shall be effective the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Sixth day of February, Nineteen Hundred and Eighty-Four. February 06, 1984 - 59 ~ Item II-J.14 PLANNING ITEM II 21365 (continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr." Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 06, 1984 - 60 - Item II-K.1 UNFINISHED BUSINESS ITEM II 21366 By consensus, City Council will consider the matter of Automated Office Systems on February 13, 1984. February 06, 1984 - 61 - Item II-L.1 NEW BUSINESS ITEM II 21367 John Swanberg represented the applicant. The City Clerk called Council's attention to a letter dated January 31, 1984 from Charlemagne Associates, Inc. which was sent to all Council Members (said letter is hereby made a part of the record). Upon motion of Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DEFERRED, for thirty days (to March 12, 1984), for a deed ~ easement, the encroachment request of CHARLEMAGNE ASSOCIATES, INC. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Hayor Barbara M. Henley, H. Jack Jennings, Jr.,. Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 06, 1984 - 62 - Item II-L.2 NEW BUSINESS ITEH II 21368 Attorney Grover Wright represented the applicant. Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ACCEPTED the applicant's agreement, as stated below, in the matter of extension of water line requirements for EAGLE'S NEST. AGREEHENT: Eagle's Nest shall provide a Bond secured by an appropriate Surety, for a 10-year period, in an amount equivalent to 100% of the cost of the water line extension, to be determined by the City Attorney. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None February 06, 1984 - 63 - Item II-M.1 ADJOURNMENT ITEM II 21369 By consensus, City Council adjourned the meeting at Five-Thirty in the afternoon. / '~-~,~' L-/' Jban M. Kei th ~_ j/Jeputy City Clerk ~~~ ~~(XLl!J. ~ Vice Mayor Barbara M. He ey ~~~- th Hodges mith, CMC City Clerk City of Virginia Beach Virginia /jk February 06, 1984