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HomeMy WebLinkAboutOCTOBER 28, 1985 MINUTES City of Virgiriia Beach "WORLD'S LARGEST RESORT CITY" G1r1tA BFq`� CITY COUNCIL �r~4`u .`e— 6p lirr MAYOR HAROLD HEISCHOBER,At Large VICE-MAYOR REBA S.McCLANAN,Princess Anne Borough E-r `lam t JOHN A.BAUM.Blackwater Borough V • ,,, NANCY A.CREECH,At Large ROBERT E.FENTRESS, Virginia Beach Borough * * BARBARA M.HENLEY.Pungo Borough H.JACK JENNINGS,JR..Lynnhaven Borough ` - r j LOUIS R.JONES,Bayside Borough 9Pps ,�.1 ROBERT G.JONES,At Large OUR NAIL,"' J. HENRY MCCOY,JR..Kempsville Borough MEYERA E.OBERNDORF,At Large 281 CITY HALL BUILDING RUTH HODGES SMITH. CMG',City Clerk CITY COUNCIL AGENDA MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 234564002 18041427.4308 October 28, 1985 Virginia Beach City Council WORKSHOP Conference Room - 4:30 PM 1986 LEGISLATIVE PACKAGE ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 7 PM A. INVOCATION: Pastor Roy Wilson Church of Christ of Virginia Beach B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. PROCLAMATIONS 1. Hospice Month - November 1985 G. PRESENTATIONS H. MINUTES 1. Motion to accept/approve the Minutes of October 21, 1985. I. PLANNING 1. Ordinance for the discontinuance, closure, and abandonment of the eastern portion of South Kentucky Avenue in the petition of DeFord, Ltd. (Kempsville Borough). Recommendation: APPROVAL 2. Ordinance for the discontinuance, closure and abandonment of the portion of Old Providence Road in the petition of Providence Mennonite Church (Kempsville Borough). Recommendation: APPROVAL 3. Ordinance for the discontinuance, closure and abandonment of the portion of Old Norfolk-Virginia Beach Road in the petition of Maureen M. Mottolese (Lynnhaven Borough). Recommendation: APPROVAL 4. Application of Quality Investments, a Virginia General Partnership, for a change of zoning from A-4 Apartment District to B-4 Resort-Commercial District on a 14,000- square foot parcel located on the northeast corner of 15th Street and Arctic Avenue (Virginia Beach Borough). Recommendation: APPROVAL 5. Application of Horizon Investment Company for changes of zoning on the east side of South Lynnhaven Road, south of Silina Drive (Lynnhaven Borough): From B-1 Business-Residential District to A-2 Apartment District on a 9.54-acre parcel AND, From B-2 Community-Business District to A-2 Apartment District on a 33,976.8-square foot parcel. Recommendation: APPROVAL 6. Application of Robert A. and Marie T. Smith for a change of zoning from R-8 Residential District to 0-1 Office District on a 22,500-square foot parcel located on the east side of Morrison Avenue, south of Ansol Lane (Lynnhaven Borough). Recommendation: APPROVAL 7. Application of James R. and Olive G. Browning for a conditional use permit for a marina, including facilities for storage and repair of boats and sale of boating supplies and fuel on parcels containing 27,292 square feet, more or less, and located on the north side of Laskin Road, west of Holly Road (Virginia Beach Borough). Recommendation: APPROVAL 8. Ordinance to amend and reordain Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to the definition of family. Recommendation: APPROVAL 9. Ordinance to amend and reordain Article 2, Section 203 of the Comprehensive Zoning Ordinance pertaining to off-street parking requirements. Recommendation: APPROVAL J. RESOLUTION Resolution to adopt the 1986 Legislative Package K. ORDINANCE Ordinance to Amend and Reordain Section 23-47 of the Code of Virginia Beach, Virginia, pertaining to Loud, Disturbing and Unnecessary Noise L. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to transfer $75,751 of Capital Projects Funds to establish a water project for Lynnhaven Parkway/Rosemont Forest for a Cost Participation Agreement with R. G. Moore Building Corporation. 2. Ordinance appointing Viewers in the petition of David Hillquist for the closure of a portion of an alley between 4th and 5th Streets. 3. Ordinance appointing Viewers in the petition of Gordon Rudolph for the closure of a portion of Pennsylvania Avenue. 4. Raffle Permits: Joy Fund Charity Bowl Princess Anne High School ROTC 5. Request of the City Treasurer for tax refunds in the amount of $542.84. M. APPOINTMENTS 1. Board of Building Code Appeals 2. Hampton Roads Air Pollution Control District Commission 3. Historical Review Board 4. Housing Board of Appeals 5. Transportation Safety Commission N. UNFINISHED BUSINESS 0. NEW BUSINESS 1. Open Air Cafe Regulations: Briefing by Mr. Michael J. Barrett P. ADJOURNMENT CAPITAL IMPROVEMENT PROGRAM SCHEDULE DATE EVENT LOCATION MONDAY, NOVEMBER 4 INITIAL PRESENTATION/OVERVIEW COUNCIL CHAMBERS 2:00 PM THURSDAY, NOVEMBER 7 WORKSHOP CONFERENCE ROOM 7:00 - 10:00 PM TUESDAY, NOVEMBER 12 PUBLIC HEARING PAVILION 7:00 PM MONDAY, NOVEMBER 18 WORKSHOP/RECONCILIATION CONFERENCE ROOM 10:00 AM - NOON MONDAY, NOVEMBER 18 1. PUBLIC HEARING COUNCIL CHAMBERS 2:00 PM (REVENUE SHARING) 2. FIRST READING MONDAY, NOVEMBER 25 FINAL ACTION COUNCIL CHAMBERS 7:00 PM BY SECOND READING otivReie � Abi� t z 5 !aQGGfV y R 4. S �UR NAIL" MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia WORKSHOP 1986 LEGISLATIVE PACKAGE 28 October 1985 4:30 P.M. The WORKSHOP was called to order by Mayor Harold Heischober in the Conference Room on October 28, 1985, at 4:30 P.M. The Deputy City Manager introduced Robert Matthias, the City's Legislative Liaison. The SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION TASK FORCE has developed a paper detailing the extent of the highway needs and funding shortfall. The Task Force concluded that a 4 percent additional tax on motor vehicle fuel sales at the retail level would be the recommended strategy for meeting a portion of the shortfall. Robert Matthias distributed information from Arthur L. Collins, Executive Director, SVPDC Task Force on Highway Funding. (Said information is hereby made a part of the record). This would generate approximatley $140 MILION per year. If that entire amount were used for debt service, it could retire a bond of approximatey $1,374,000,000 which is much larger than previous discussions. TABLE 1 indicates Urban, Primary, and Secondary Construction Needs, Allocations, and Shortfall through 1991. TABLE 2 illustrates: Statewide Annual Highway Fuel Consumption $3,000,000,000 Approximate Retail Price Per Gallon $1.15 Approximate Annual Highway Fuel Sales $3,500,000,000 Resultant Annual 4% Sales Tax Revenue $ 140,000,000 Resultant Bond @ 8% for 20 years $1,374,500,000. TABLE 3 indicated the FY-86 Share of Non-Interstate Construction, Projected Share of Bond (Millions) , and Percent of Six Year Shortfall. If they sold the entire bond, we would acquire approximately $52 MILLION. Councilman Jennings wished to confer with representatives of the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION and Councilman McCoy wishes to speak with the Legislators. City Council will discuss at the WORKSHOP of November 4, 1985, Regional/Local Option as well as comparisons in the LEGISLATIVE PACKAGE AND the SVPDC's recommendations. Mr. Matthias referenced the other side of the "DILLON RULE" as per the request of Councilman Jennings. If the General Asembly were to even consider changing the "DILLON'S RULE", a member of the General Assembly could best provide this information. The City must go to the General Assembly to acquire enabling legislation for almost anything the City accomplishes. WORKSHOP (Continued) Mr. Matthias referenced the item concerning MILING AND MILLING OF URANIUM. City will request a complete BAN of Uranium Mining. Councilwoman Oberndorf introduced a RESOLUTION concerning same. Councilwoman Henley referenced legislation requiring improvements to Highways adjacent to subdivisions and inquired as to it's deletion from the LEGISLATIVE PACKAGE. The Virginia Municipal League has this in their LEGISLATIVE PACKAGE. The City Staff will weave into the verbage of INCREASED HIGHWAY CONSTRUCTION AND MAINTENANCE the concern of highway improvements adjacent to subdivisons. Mayor Heischober referenced ALTERED SUSPENSION SYSTEMS ON TRUCKS and requested a change in wording: The General Assembly should amend the Code of Virginia to prohibit the addition of lift blocks, spacers, or other ride-height altering devices of the front and rear suspension systems of all motor vehichles as defined in Section 46.1-1 of the Code of Virginia. Mayor Heischober also rferenced HALUING OF MATERIALS ON HIGHWAYS. Council agreed the words "or debris" should be added to the sentence: 'The General Assembly should amend Section 46.1-303 of the Code of Virginia to require that any vehicles operated or moved on a highway in which sand, gravel, stone or debris is hauled. Coucil disucssed PROBATIONER BEEPERS. There will be further discussion concerning inclusion of this particular item in the Legislative Package. Councilman Jennings referenced this is just a STUDY. It is costing the taxpayer approximatley $30,000 to $40,000 s year for every prisoner in the State Penal System. Councilman Robert Jones referenced PARCEL INDENTIFICATION NUMBER and his conversation with the Clerk of the Circuit Court, Curtis Fruit. Mr. Matthias referenced the ADDITION to the LEGISLATIVE PACKAGE of ITEM N: THE SOUTHEASTERN FREEWAY. The General Assembly should authorize the Virginia Department of Highways and Transportation to study the feasibility of construction of the Sutheastern Expressway as a toll facility. Council wished the Southeastern Expressway to be listed as multi-laned rather than four-lane. Councilman Jennings requested the concept of an ELEVATED EXPRESS LANES ONLY be included as a companion study in this particular Legislative Item. Mr. Matthias indicated the Council could support the VIRGINIA MUNICIPAL LEAGUE position with reference to the "BOTTLE BILL". The Mayor requested the VIRGINIA BEACH ARTS CENTER should be rephrased. The City's $1.5 MILLION is established as a "matching" fund pending the State's grants. Mr. Matthias introduced Patti Phillips, Director of Research. Mrs. Phillips prepard a BRIEFING PAPER on the CITY'S GENERAL OBLIGATION BONDING AUTHORITY CAP and Charts indicating the following: CHARTER BONDS AUTHORIZED -- CURRENT CHARTER BONDS AUTHORIZED -- PROPOSED CHARTER PER CAPITA BONDS AUTHORIZED -- CURRENT PER CAPITA BONDS AUTHORIZED -- PROPOSED SUMMARY OF LEGAL DEBT MARGIN - CURRENT SUMMARY OF LEGAL DEBT MARGIN - PROPOSED October 28, 1985 WORKSHOP (Continued) A $10 MILLION Annual CAP on new debt may well have been adequate and reasonable in 1974. As the City approaches 1986, the $10 MILLLION CAP should be seen, as no longer in the City's best interest. The $6.5 MILLION in Revenue Sharing will not be available after October 1, 1986. The PROPOSED CHARTER BOND CHART, as exemplified, would give the City about $44 MILLION in Spending Authority in 1991 and approximately $15.8 MILLION of spending power in "1974 dollars". Staff recommended: 1. A one-time adjustment in the CAP by Charter change to reflect a purchasing power comparable to $10 MILLIION in 1974. No local referendum would be required to make the adjustment effective. 2. A charter change to allow annual adjustments in the authorized amount reflecting the previous year's change in the Consumer Price Index. Staff believes these changes should be enacted in the 1986 LEGISLATIVE SESSION to apply to all bonds sold after July 1, 1986. Staff will provide additional information advising if the General Assembly would give the City authority to raise the Charter Law Based on REFERENDUM. The General Assembly does prefer to have final say on Charter Changes. City Council will not ADOPT the 1986 LEGISLATIVE PACKAGE on October 28, 1985. An additional WORKSHOP will be scheduled for November 4, 1985. October 28, 1985 cpakBtie t t q„, R y ' w S MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 28, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, October 28, 1985, at 6:15 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. ,and Meyera E. Oberndorf Council Members Absent: None - 2 - ITEM 11 24415 Mayor Heischober entertained a motion to permit Council to conduct its 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. 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. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal mattters within the jurisdiction of the public body. Upon motion by Councilman Jennings, seconded by Councilman Robert G. Jones, City Council voted to proceed into the EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None October 28, 1985 -3 - REGULAR SESSION VIRGINIA BEACH CITY COUNCIL October 28, 1985 7:18 p.m. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, October 28, 1985, at 7:18 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. ,and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend Roy R. Wilson Church of Christ of Virginia Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Councilman Louis Jones left due to illness October 28, 1985 - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM i/ 24416 Councilwoman Creech referenced an Ordinance to transfer $75,751 of Capital Project funds to establish a water project for Lynnhaven Parkway/Rosemont Forest for a Cost Participation Agreement with R. G. Moore Building Corporation (See Item II-L.1 of the Consent Agenda). Councilwoman Creech advised she will VERBALLY ABSTAIN on this item. Councilwoman Oberndorf also referenced this item and requested Staff provide information as to the amount of area actually covered in this Ordinance. Item II-D.2 CONSENT AGENDA ITEM # 24417 The City Clerk referenced an Ordinance appointing Viewers in the petition of Gordon Rudolph for the closure of a portion of Pennsylvania Avenue (See Item II-L.3 of the Consent Agenda). The City Council will instruct the City Clerk to SCHEDULE the Change of Zoning application and the Street Closure Petition in behalf of GORDON RUDOLPH for November 18, 1985. October 28, 1985 - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ITEM // 24418 Mayor Heischober referenced the Resolution to adopt the 1986 LEGISLATIVE PACKAGE will be RESCHEDULED. (See Item II-J under RESOLUTIONS). October 28, 1985 - 6 - Item II-F.1 PRESENTATIONS ITEM 1/ 24419 Mayor Heischober PROCLAIMED the month of November 1985 as: HOSPICE MONTH The following ACCEPTED this PROCLAMATION: Members of the Board of Directors: Vincent J. Speckhart, M.D. , President Donald A. Dahlman, Vice President Ruth H. Smith, Secretary-Treasurer Jeanne Riddle, Administrator-Consultant Naomi Warder Frances S. Elrod This PROCLAMATION recognized and supported HOSPICE care as a humane response to the needs of ther terminally ill and as a viable component of the health care system in our community. October 28, 1985 - 7 - Item II-F.2 PRESENTATIONS ITEM 124420 Vice Mayor McClanan presented a RESOLUTION IN RECOGNITION to: THERESA NORTHROP This Resolution recognized an unselfish, tireless and dedicated public servant whose vision has expanded our horizons and whose efforts will unite families in our City as well as throughout America. October 28, 1985 - 8 - Item II-F.3 PRESENTATIONS ITEM // 24421 Gene Luke, Publicity Chairman of the Bowling Association, presented the TIDEWATER MAYOR'S BOWLING TROPHY to Councilman J. Henry McCoy, Jr. , D.D.S. on behalf of the City of Virginia Beach. October 28, 1985 - 9 - Item II-F.4 ANNOUNCEMENT ITEM II 24422 Councilwoman Henley recognized the Birthday of Mrs. Effie Munden on Wednesday, October 30, 1985. Mrs. Munden is 103 years old. The City Council extended their Best Wishes and appreciation for her contributions and life-long residency in Princess Anne County and Virginia Beach. She is still an active and contributing citizen to the City. October 28, 1985 - 10 - Item II-H.1 MINUTES ITEM II 24423 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED the Minutes of October 21, 1985. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy A. Creech Council Members Absent: Louis R. Jones October 28, 1985 - 11 - Item II-I.1 PLANNING ITEM # 24424 Attorney Grover Wright represented the application Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED, subject to FINAL APPROVAL in 180 days, an Ordinance upon application of DEFORD, LTD. for the discontinuance, closure and abandonment of the eastern portion of South Kentucky Avenue. Application of DeFord, Limited for the discontinuance, closure and abandonment of the eastern portion of South Kentucky Avenue beginning at the northern boundary of Bonney Road and running in a northerly direction a distance of 290.28 feet. Said parcel is variable in width and contains 12,632.4 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 2. Dedication of a variable width utility easement over the portion of the 10-inch sewer force main located in the area proposed for closure. 4. Resubdivision of the property to incorporate the closed area into adjoining parcels to insure that all lots have access to a public street. 5. Closure of this right-of-way shall be contingent upon the compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones October 28, 1985 CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION DeFORD, LIMITED AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF SOUTH KENTUCKY AVENUE, IN KEMPSVILLE BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, DeFord, Limited, to be presented to the City Council of the City of Virginia Beach, Virginia, on the day of , 1985 , for the vacation of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the 28th day of July , 1985 , and on the 6th day of August , 1985 , duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views , in conformity with the manner prescribed by Code of Virginia, Section 15 .1-364 , for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the day of , 1985, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364 , for the conduct of such proceedings , the City Council of the City of Virginia Beach, Virginia, on the 19th day of August, GROVER C. WRIGHT, JR. ATTORNEY AND COUNSELLOR AT LAW, P.C. SUIT■11011 UEACH TOMEN UUII.UINO I II1110 PACIFIC AVENUE VIRGINIA BEACH, VIKOINIA 81146H 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of DeFord, Limited, as grantee, in the Clerk 's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day of , 1985 . TESTE : RUTH SMITH, CITY CLERK By City Clerk 1985 , appointed and , as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same , and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15 .1-364 , that no inconvenience would result from vacating and discontinuing the portion of said street , and that the portion of said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia : 1. That the following portion of South Kentucky Avenue in the Borough of Kempsville, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of South Kentucky Avenue adjoining Lots 12 through 21, inclusive, and designated as "0 .290 Acre" , as shown on plat entitled "Plat Showing A Portion of South Kentucky Avenue to be Closed for DeFord Limited, Kempsville Borough, Virginia Beach, Virginia" , made by John E. Sirine and Associates, Ltd. , dated June, 1985. G ROV 1;12 ('. 1(.11'I', .1 R. ATTORNEY AND COUNSELLOR AT LAN', p,C. HI'ITI: :108 DI'A('II TOWER III'I I.I)IN0 3880 PACIFIC AVENI'1: IR(:INIA BEA('}I.VIRGINIA 2:3458 POST OPPI('E SOX 61 July 16, 1985 AREA ('ODE 004 42"-3t741 CERTIFICATE OF VESTING OF TITLE I , Grover C. Wright, Jr. , attorney for DeFord, Limited, do hereby certify that: 1 . I am an attorney at law and represent DeFord, Limited, the petitioner. 2. If the property described below is dis- continued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the adjacent landowners, respectively. The said property referred to herein is hereby described as follows : All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of South Kentucky Avenue adjoining Lots 12 through 21, inclusive, and designated as "0. 290 Acre" , as shown on plat entitled "Plat Showing A Portion of South Kentucky Avenue to Be Closed for DeFord, Limited, Kempsville Borough, Virginia Beach, Virginia" , made by John E. Sirine and Associates , Ltd. , dated June, 1985, which plat is attached to the ordinance of vacation from the City of Virginia Beach, Virginia, to DeFord, Limited, and is to be recorded therewith in the Clerk ' s Office of the Circuit Court of the City of Virginia Beach, Virgin ' Grover C. Wr t , r_ - 12 - Item II-I.2 PLANNING ITEM // 24425 Attorney Robert Kinser represented the applicant Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED, subject to FINAL APPROVAL in 180 days, an Ordinance upon application of PROVIDENCE MENNONITE CHURCH for the discontinuance, closure and abandonment of a portion of Old Providence Road. Application of Providence Mennonite Church for the discontinuance, closure and abandonment of a portion of Old Providence Road beginning at the western boundary of Gale Drive and running in a westerly direction a distance of 300 feet more or less. Said parel contains 15,202 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Retention of a portion of the area proposed for closure, approximately 3,875 square feet located between the proposed 45-foot permanent utility easement and Providene Road, for use with a proposed landscaping program. 2. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 3. 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. 4. Dedication of a 45-foot wide utility easement over existing facilities as determined by the Department of Public Utilities. 5. Closure of this right-of-way shall be contingent upon the compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones October 28, 1985 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS THE INTER- SECTION OF OLD PROVIDENCE ROAD AND PROVIDENCE ROAD AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE OF THE SOUTHEAST CORNER OF PROVIDENCE ROAD AND OLD PROVIDENCE ROAD INTERSECTION HEREBY CONVEYED FROM THE CITY OF VIRGINIA BEACH, VIRGINIA TO PROVIDENCE MENNONITE CHURCH, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINA" , WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK , AT PAGE WHEREAS, it appearing by affidavit that property notice has been given by Providence Mennonite Church, that it would make application to the Council of the City of Virginia Beach, Virginia, on , 1985, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREOFRE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: ALL THAT certain lot, portion or parcel of land designated as 0.349 acre as shown on that certain plat entitled "Street Closure of the Southeast Corner of Providence Road and Old Providence Road Intersection Hereby Conveyed From the City of Virginia Beach, Virginia to Providence Mennonite Church, Kempsville Borough, Virginia Beach, Virginia" , made by George W. Midgette, Jr. , Land Surveyor, Virginia and North Carolina, dated February 7, 1985, and BASNIGHT,CREEKMORE, recorded in the Clerk 's Office of the Circuit Court of the WRIGHT.JONES AND KINSER City of Virginia Beach, Virginia in Map Book , at ATTORNEYS AT LAW page , and more particularly described as follows: 752 CEDAR ROAD CHESAPEAKE,VA.23320 547-9191 BEGINNING at a point located at the Northeast corner of the Providence Mennonite Church property and the Northwest corner of Lot 1 , Block A, Chatham Hall, Phase 7, Sutton Place; thence S. 83 degrees 04 ' 37" W. 163.28 feet to a point, being the Northwest corner of the Providence Mennonite Church; thence S. 82 degrees 54 ' 40" W. 13.93 feet to a point on a curve and on the southern right of way of Old Providence Road; thence along the eastern right of way of Old Providence Road around a curve to the left having a radius of 95.00 feet and an arc distance of 79.29 feet to a point of tangent; thence continuing along Old Providence Road N. 05 degrees 55 ' 04" E 17.00 feet to a point; thence around a curve to the right having a radius of 10.00 feet and an arc distance of 15.90 feet to a point on the southern side of Providence Road; thence along the southern side of Providence Road and along a curve to the right having a radius of 2, 188. 29 feet an arc distance of 228 .84 feet to a point; thence continuing along the southern side of Providence Road S. 77 degrees 02 ' 17" E. 38.44 feet to a point; thence S. 02 degrees 40 ' 41" W. 18. 78 feet to a point; thence N. 87 degrees 19 ' 19" W. 63 .44 feet to a point; thence S. 84 degrees 25 ' 08" W. 74. 16 feet to the point of beginning, said parcel containing 15, 210 square feet. Said parcel of land being a portion of Old Providence Road and a portion of Providence Road as indicated on that certain plat of property to be vacated along existing Providence Road for Providence Mennonite Church, which plat is recorded in the Clerk 's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at page , and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. BASNIGHT,CREEKMORE, WRIGHT,JONES AND KINSER ATTORNEYS AT LAW 752 CEDAR ROAD CHESAPEAKE,VA.23320 547-9191 -2- 2asnl9A/, Ore eAm ore, brlgAl, Jones and 2ns er 2.irfe.r.riona/Corpora/ion 2//orneyr andCoun.relorr a/Law Carve!!D. 73ainiyA/ 7.52 Cedar .7?oad greater/el JI Creelmore J O. Dreamer ✓/mo/4 y cs. Z&rryh/ rRo6er/ 2). gone, CAesapeaie, Virginia 23320-00/7 .547-9/9/ .rRo6er/ ./`�'. 'Omer .'Area Code 404 cS/ep1 en J 7e/eyan April 17, 1935 cS/epAen D. �e'n/, CERTIFICATE OF VESTING OF TITLE I, Robert R. Kinser .attorney for Providence Mennonite Church do hereby certify that: • 1 . I am an attorney at law and represent Providence Mennonite Church, 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 Providence Mennonite Church the adjacent landowners; in N/A the holder of the underlying fee in said property; in N/A the assignee of N/A the adjacent property owner or holder of the underlying fee in said property. The said property referred to herein is hereby described as follows: 0.349 Acres at the Southeast corner of Providence Road and Old Providence Road, at the Northeast corner of Providence Mennonite Church, Knpsville Burrough, Virginia Beach, Va. Section III (CITY ATTORNEY WILL FILL THIS SECTION IN AT A LATER DATE) . BASNIGHT,CREEKMORE, WRIGHT,JONES AND KINSER ATTORNEYS AT LAW 752 CEDAR ROAD CHESAPEAKE,VA.23320 547-9191 -3- - 13 - Item II-1.3 PLANNING ITM # 24426 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED, subject to FINAL APPROVAL in 180 days, an Ordinance upon application of MAUREEN M. MOTTOLESE for the discontinuance, closure and abandonment of a portion of Old Norfolk-Virginia Beach Road. Application of Maureen M. Mottolese for the discontinuance, closure and abandonment of a portion of Old Norfolk-Virginia Beach Road beginning on the west side of Little Neck Road and running in a westerly direction a distance of 236.87 feet. Said parcel varies in width from 41.93 feet to 30 feet and contains 10,410.84 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 2. Dedication of a 30-foot utility easement over the area proposed for closure. 3. Resubdivision of the property to incorporate the closed area into the adjoining parcel and to insure that all lots have access to a public street. 4. Closure of this right-of-way shall be contingent upon the compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones October 28, 1985 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN PAPER STREET OF VARIABLE WIDTH, KNOWN AS OLD NORFOLK-VIRGINIA BEACH ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF OLD NORFOLK-VIRGINIA BEACH ROAD TO BE CLOSED FOR MAUREEN M. ABRAHAM, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" , WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Maureen Mottolese, ( formerly known as Maureen M. Abraham) , that she would make application to the Council of the City of Virginia Beach, Virginia, on 1985 , to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street 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 street be discontinued, closed, and vacated: That certain portion Old Norfolk-Virginia Beach Road, containing approximately 0 .239 acres, beginning at a point on the SouthWest corner of the intersection of Little Neck Road and Old Norfolk-Virginia Beach Road as established, thence from said point of beginning S 84°-04 ' -38" W 236 . 87 feet to a pin; thence along the south side of Old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 593 .67 feet, an arc distance of 121 . 92 feet to a point; thence N 17°-41 ' -22" W 30 feet to a pin on the northeast corner of the intersection of Old Norfolk-Virginia Beach Road and now or formerly Harrison Street; thence along the north side of Old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 623 .67 feet, an arc distance of 128 . 08 feet to a pin; thence N84°-04 ' -38" E 207 . 57 feet to a point on the Northwest corner of the intersection of Old Norfolk-Virginia Beach Road and Little Neck Road; thence S 50°-14 ' - GUY,CROMWELL,BETZ 47" E 41. 93 feet to the point of beginning &LusTIG,a.c as shown on that certain plat entitled "PLAT ATTORNEvs ATLAW SHOWING A PORTION OF OLD NORFOLK-VIRGINIA BEACH ROAD TO BE CLOSED FOR MAUREEN M. ABRAHAM (Now known as MAUREEN MOTTOLESE) LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA. " - 1 - Said parcel of land being a portion of Old Norfolk-Virginia Beach Road as indicated on that certain plat of property to be vacated West of Little Neck Road for Catherine Mottolese, which plat is recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book at page , and which is made a part hereof by reference. 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, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance shall be effective sixty (60 ) days from the date of its adoption. GUY,CROMWELL,BETZ &LUSTIG,P.C. ATTORNEYS AT LAW reb - 2 - Guy, ('xuz1w,;i.L, 13iirv, ti Li tiric:, I'. C. ATTORNEYS AND COUNSELORS AT LAW RICHARD D. Guy M•AYNE LVeTIO I�Y.N NN/,R Y. ()prierIAA NY TELEPHONE 44f)-119 ROHERT B. CYOMWEtL,JR. AREA CODE HO 1 F'r.wlfRl,ltt Orsr-Stint own THowAI, P. BETz,JR. HOWARD R.sY[Ee,JR. VIROINIA BEACH, VEWWO1N1A 11:)442-1298<) TELEX 6')-6.1Do JErrREY B. HAWBAKER JUDITH M COr1ELD THONA8 S.CARNI s R.EDWARD BOIRDON,JR. June 18, 1985 I , R. Edward Bourdon, Jr . , attorney for Maureen Mottolese, do hereby certify that : 1 . I am an attorney at law and represent Maureen Mottolese ( formerly Maureen M . Abraham) . 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued , closed and vacated by the Council of the City of Virginia Beach, Virginia , then title to said street will vest in the owners of the fee in all adjacent property. 3 . The portion of street to be closed, referred to herein , is described as follows : That certain portion Old Norfolk-Virginia Beach Road , containing approximately 0 . 239 acres, beginning at a point on the SouthWest corner of the intersection of Little Neck Road and Old Norfolk-Virginia Beach Road as established , thence from said point of beginning S 84°-04 ' - 38" W 236. 87 feet to a pin ; thence along the south side of Old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 593 . 67 feet , an arc distance of 121 . 92 feet to a point; thence N 17°-41 ' -22" W 30 feet to a pin on the northeast corner of the intersection of Old Norfolk-Virginia Beach Road and now or formerly Harrison Street ; thence along the north side of Old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 623 . 67 feet, an arc distance of 128 . 08 feet to a pin ; thence N84 °- 04 ' -38" E 207 . 57 feet to a point on the Northwest corner of the intersection of Old Norfolk-Virginia Beach Road and Little Neck Road; thence S 50°-14 ' -47" F 41 .93 feet to the point r- Guy, CROMWELL,BETZ & LusTI(:, P. C. Page 2 June 18, 1985 of beginning as shown on that certain plat entitled "PLAT SHOWING A PORTION OF OLD NORFOLK-VIRGINIA BEACH ROAD TO BE CLOSED FOR MAUREEN M. ABRAHAM (Now known as MAUREEN MOTTOLESE) LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA . " GUY, CROMWELL, BETZ & LUSTIG, P.C. I By: ' • R. Edward Bourdon, Jr. reb - 14 - Item II-I.4 PLANNING ITEM # 24427 Charles Twine, General Partner of Quality Investments, represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of QUALITY INVESTMENTS, A VIRGINIA GENERAL PARTNERSHIP for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF QUALITY INVESTMENTS, A VIRGINIA GENERAL PARTNERSHIP FOR A CHANGE OF ZONING DISTRIT CLASSIFICATION FROM A-4 TO B-4 ZO10851026 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Quality Investments, a Virginia General Partnership, for a Change of Zoning District Classification from A-4 Apartment District to B-4 Resort-Commercial District on the northeast corner of 15th Street and Arctic Avenue. Said parcels are located at 317 and 319 15th Street and 1502 Arctic Avenue and contain 14,000 square feet. VIRGINIA BEACH BOROUGH. condition shall be The following required: 1. The applicant has voluntarily agreed to restrict the use of this parcel to lodging units only and no other commercial purpose. The applicant has submitted an agreement restricting the use of this property to lodging units only (Said agreement is hereby made a part of the record. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones 0 October 28, 1985 0 Item II-1.5 - 15 - PLANNING ITEM l6 24428 Attorney Grover Wright reprsented the applicant Opposition: Jo Ryan, President of Princess Anne Plaza Civic League Theresa Northrup, resident of Princess Anne Plaza, presented photographs of flooding in Brookwood and Plaza Elementary Schools, as well as Bow Creek Boulevard and off streets depicting high water. Steve Dudley, resident of the Brookwood Section of Princess Anne Plaza Joanne L. Goyette, resident of Clubhouse Circle The City Clerk referenced Opposition from LCDR Petrie and letter dated September 9, 1985, from Captain L. F. Norton stating proposed application lies within the AICUZ area. (Said letter is hereby made a part of the record). A MOTION was made by Councilman Jennings, seconded by Councilman Baum, to ADOPT Ordinances upon application of HORIZON INVESTMENT COMPANY for Changes of Zoning on the east side of South Lynnhaven Road, south of Silina Drive from B-1 Business-Residential District to A-2 Apartment District on a 9.54-acre parcel and from B-2 Community-Business District to A-2 Apartment District on a 33,976.8-square foot parcel (Lynnhaven Borough). A SUBSTITUTE MOTION was made by Vice Mayor McClanan seconded by Councilwoman Henley, to DENY Ordinances upon application of HORIZON INVESTMENT COMPANY for Changes of Zoning on the east side of South Lynnhaven Road, south of Silina Drive from B-1 Business-Residential District to A-2 Apartment District on a 9.54-acre parcel; AND, from B-2 Community-Business District to A-2 Apartment District on a 33,976.8-square foot parcel. Voting: 3-6(SUBSTITUTE MOTION FAILS) Council Members Voting Aye: Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: John A. Baum, Robert E. Fer: r2ss, Mayor Harold Heischober, H. Jack Jennings, Jr. , Robert G. Jones and J. Henry McCoy, Jr. , D.D.S. Council Members Absent: Louis R. Jones Council Members Abstaining: Nancy A. Creech October 28, 1985 - 16 - Item II-I.5 PLANNING ITEM # 24428 (Continued) Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council ADOPTED Ordinances upon application of HORIZON INVESTMENT COMPANY for Changes of Zoning as per the following: ORDINANCE UPON APPLICATION OF HORIZON INVESTMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 TO A-2 Z010851027 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Horizon Investment Co. , for a Change of Zoning District Classification from B-1 Business Residential District to A-2 Apartment District on certain property located on the east side of South Lynnhaven Road beginning at a point 830 feet more or less south of Silina Drive. Said parcel contains 9.54 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF HORIZON INVESTMENT COMPANY FOR A CHANGE OF ZONING DISTRICT CLASIFICATION FROM B-2 TO A-2 Z010851028 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Horizon Investment Company for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the east side of South Lynnhaven Road beginning at a point 1150 feet more or less south of Silina Drive. Said parcel contains 33,976.8 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Dedication of right-of-way along South Lynnhaven Road to provide for an ultimate 94-foot right-of-way as per the Master Street and Highway Plan and the Virginia Beach Bikeway Plan. 2. Dedication of a 150-foot drainage easement along London Bridge Road and dedication of Flood Way portion in fee simple. 3. Noise Disclosure statements shall be required. 4. Voluntary Agreement encompassing covenants and conditions that at least 40% of the apartment units constructed would be three-story buildings shall be recorded in the Clerk's Office of the Virginia Beach Circuit Court. October 28, 1985 - 17 - Item II-I.5 PLANNING ITEM // 24428 (Continued) These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth day of October, Nineteen Hundred and Eighty-five. Voting: 6-3 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , Robert G. Jones and J. Henry McCoy, Jr. , D.D.S. Council Members Voting Nay: Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Abstaining: Nancy A. Creech Council Members Absent: Louis R. Jones October 28, 1985 - 18 - Item 11-I.6 PLANNING ITEM # 24429 Attorney Donald Rhodes represented the applicant Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of ROBERT A. AND MARIE T. SMITH for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF ROBERT A. AND MARIE T. SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FORM R-8 TO 0-1 Z010851029 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert A. and Marie T. Smith for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on the east side of Morrison Avenue, 200 feet south of Ansol Lane. Said parcels are located at 127 South Lynnhaven Road and 156 Morrison Avenue and contain 22,500 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. A 5-foot dedication of right-of-way along the frontage on Gator Street to provide for an ultimate 50-foot standard right-of-way. 2. A 5-foot deication of right-of-way along the frontage on Morrison Avenue to provide for an ultimate 50-foot standard right-of-way. 3. A variable width right-of-way dedication along the frontage on North Lynnhaven Road. Every effort shall be made to combine the curb cuts of the three adjacent property owners at the site plan review level. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth day of October, Nineteen Hundred and Eighty-five. Voting: 6-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , and Robert G. Jones Council Members Voting Nay: Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr. , D.D.S. October 28, 1985 - 19 - Item II-I.7 PLANNING ITEM �� 24430 Attorney Robert Cromwell represented the applicant, advised the sign was posted indicating this Change of Zoning and presented a site plan showing appropriate parking and location of boat slips. Sam Houston spoke concerning this application and advised no sign had been posted on this property. Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of JAMES R. AND OLIVE G. BROWNING for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF JAMES R. AND OLIVE G. BROWNING FOR A CONDITIONAL USE PERMIT FOR A MARINA, INCLUDING FACILITIES FOR STORAGE AND REPAIR OF BOATS AND SALE OF BOATING SUPPLIES R01085790 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of James R. and Olive G. Browning for a Conditional Use Permit for a marina, including facilities for storage and repair of boats and sale of boating supplies and fuel on certain property located on the north side of Laskin Raod, 640 feet more or less west of Holly Road on Parcels A and C, Property of Virginia Beach Marine Sales. Said parcels contain 27,292 square feet more or less. Plats with more detailed information area available in the Department of Planning. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. A 9-foot right-of-way dedication along the frontage on Laskin Road at the easternmost extremity of Parcel A in accordance with the Master Street and Highway Plan. 2. Submittal of a site plan showing appropriate parking and appropriate location of boat slips. Councilman Jennings referenced a Task Force had been established within the City consisting of appropriate Department Heads dealing with regulations concerning "WAKE ZONES", pier construction, bulkhead construction and enforcement. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth day of October, Nineteen Hundred and Eighty-five. October 28, 1985 - 20 - Item 11-1.7 PLANNING ITEM # 24430 (Continued) Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr. , D.D.S. October 28, 1985 - 21 - Item I1-I.8 PLANNING ITEM # 24431 The following spoke in support of the Ordinance to amend and reordain Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to the definition of family: Naomi R. Warder, Chairman of the State Board of Social Services and resident of Cavendish Drive Flo Haynie, Chairman of Virginia Beach Ecumenical Housing Judy Schorr, Social Minister of the Church of the Ascension of Virginia Beach, and resident of Eastwind Road Reverend Iris Slocombe, resident of Laskin Road Walt Credle, representing Department of Social Services Samuel Beiler, represented "Operation Blessing" of the CHRISTIAN BROADCASTING NETWORK. A MOTION was made by Councilman Baum, seconded by Councilman Jennings, to ADOPT an Ordinance to amend and reordain Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to the definition of family. A SUBSTITUTE MOTION was made by Vice Mayor McClanan, seconded by Councilman Robert Jones to DENY an Ordinance to amend and reordain Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to definition of family. BOTH MOTIONS WERE WITHDRAWN Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council DEFERRED for additional study by City Staff the following Ordinance: Ordinance to amend and reordain Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to definition of family. This DEFERRAL will enable further study by the Planning Department and the City Attorney's Office. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr. , D.D.S. October 28, 1985 - 22 - Item II-I.9 PLANNING ITEM II 24432 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council DEFRRED until the City Council Meeting of November 4, 1985, the following: Ordinance to amend and Reordain Article 2, Section 203 of the Comprehensive Zoning Ordinance pertaining to off-street parking requirements. As per Councilwoman Henley's request, City Staff will provide information concerning this Ordinance. This Ordinance was DEFERRED to coincide with the PUBLIC HEARING on November 4, 1985 of the Ordinance to amend and reordain Ordinance Number 486, Site Plan Ordinance, by ADDING thereto Section 5A pertaining to parking lot landscaping. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Louis R. Jones and J. Henry McCoy, Jr. , D.D.S. October 28, 1985 - 23 - Item II-J.1 RESOLUTION ITEM # 24433 BY CONSENSUS, City Council RESCHEDULED The Resolution to ADOPT THE 1986 LEGISLATIVE PACKAGE October 28, 1985 - 24 - Item J-2 RESOLUTION ITEM # 24434 Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, City Council ADOPTED the following RESOLUTION RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ADOPT A PERMANENT BAN ON URANIUM MINING AND MILLING IN THE STATE OF VIRGINIA Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold Heischober, Barbara Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr. , D.D.S. October 28, 1985 Requested by: Councilmember Meyera Oberndorf RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ADOPT A PERMANENT BAN ON URANIUM MINING AND MILLING IN THE STATE OF VIRGINIA WHEREAS, the State, through various agencies and commissions, has been studying the feasibility of mining and milling of uranium in Virginia for several years, and WHEREAS, even this extensive investigation into the short and long term effects of mining and milling of uranium in the state has not produced conclusive evidence that it could be done without harm to the environment of the state, and WHEREAS, there is no dire need or emergency for additional uranium mining in the United States, and WHEREAS, the City Council of Virginia Beach is concerned over the effects of uranium mining and milling on the environment and the resources of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the General Assembly of the State of Virginia legislate a permanent ban on mining and milling of uranium in Virginia because of the unanswered questions on the serious health and environmental problems that uranium mining and milling would produce. Adopted by the Council of the City of Virginia Beach on the 28 day of October , 1985 . - 25 - Item II-K ITEM # 24435 ORDINANCE Upon motion by Councilman Baum, and seconded by Councilman Fentress, City Council ADOPTED, the following Ordinance: Ordinance to Amend and Reordain Section 23-47 of the Code of Virginia Beach, Virginia pertaining to Loud, Disturbing and Unnecessary Noise Council requested Staff to secure copies of the NOISE ORDINANCE enforced by Ocean City, Maryland. In connection with the enforcement of this Ordinance, the City Manager will advise "WARNINGS" are to be given before a summons is issued. Voting: 8-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, and Meyera E. Oberndorf, Council Members Voting Nay: Vice-Mayor Reba S. McClanan Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr. , D.D.S., October 28, 1985 AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-47 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO LOUD, DISTURBING AND UNNECESSARY NOISE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-47 of the Code of the City of Virginia Beach, Virginia, pertaining to loud, disturbing and unnecessary noise is hereby amended and reordained to read as follows: Sec. 23-47 . Loud, disturbing and unnecessary noise. (a) It shall be unlawful for any person to create, or allow to be created en-any-gremises-in-his-gessess}en-ee-eentrelT any unreasonably loud, disturbing and unnecessary noise in the city or any noise of such character, intensity and duration as to be detrimental to the life or health of any person or persons or to unreasonably to disturb or annoy the quiet, comfort or repose of any person or persons. The following acts, among others, are declared to be loud, disturbing and unnecessary noise in violation of this section, but such enumeration shall not be deemed to be exclusive: ( 1 ) The playing of any television set , radio, tape player, phonograph or any musical instrument in such a manner or with such volume as to annoy or disturb the quiet , comfort or repose of any person or persons ln-any-dwellingT-betel er-ether-type-a€-resldenee. (2) The keeping of any animal which, by causing frequent or long-continued noise, shall disturb the quiet, comfort and or repose of any person in the vicinity to such an extent as to constitute a nuisance. (3) The creation of any excessive noise on any street adjacent to any school, institution of learning or court , while the same is in session, or adjacent to any building used as a place of public worship, while being so used, or adjacent to any hospital, which unreasonably interferes with the workings of - 26 - Item II-L CONSENT AGENDA ITEM # 24436 Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items a, 1, 2, 3, 4, and 5. Item a. was an ADD-ON to the Consent Agenda: RESOLUTION IN RECOGNITION OF THERESA NORTHROP. This RESOLUTION was presented to Theresa Northrop in recognition of her unselfish dedication on behalf of missing children. Councilwoman Nancy A. Creech VERBALLY ABSTAINED on Item 1. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice-Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones, J. Henry McCoy, D.D.S. October 28, 1985 - 27 - Item-Il-L.a CONSENT AGENDA ITEM 46 24437 Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City Council ADOPTED the following Resolution: RESOLUTION IN RECOGNITION THERESA NORTHROP Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr. , D.D.S. 0 October 28, 1985 RESOLUTION IN RECOGNITION TO THERESA NORTHROP WHEREAS: The history of America is one of a nation of people helping people — joining together to build a better society — individual initiative, intense pride; WHEREAS: There are many citizens whose unselfish qualities are worthy of recognition, yet there are few who render such notable services placing more value on the comfort and well being of others as does THERESA NORTHROP WHEREAS: Mrs. Northrop, mother of five children ranging in age from seven to twenty-one years, is a Volunteer who got involved in the community almost immediately upon her move here eighteen years ago. She has championed new causes almost every year while loyal and supportive of previous endeavors. She is a master at time management. Her modest attitude about her own accomplishments is a direct contrast to her ability to quickly recognize success and praise others; and, WHEREAS: Through her concern for others, her imagination and power of persuasion, Theresa Northrop contacted the Virginia Beach Police Department, met with the Hampton Roads Missing Children Association, solicited local businesses and collaborated with school officials to aid in the achievement of discovering the whereabouts of missing children in the United States. The first business to cooperate was Domino's Pizza which printed flyers with a photo and description of each missing child. Others joined this effort and then the Cities of Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton and Poquoson joined hands to celebrate the BEACON OF HOPE at Mount Trashmore August 31, 1985. NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council pauses in its deliberations to pay tribute to this unselfish, tireless, dedicated public servant whose vision has expanded our horizons and whose efforts will unite families in our City as well as throughout America. The numerous civic contributions of Mrs. Northrop are recognized with deepest gratitude in spreading this Resolution upon these official legislative proceedings this Twenty-Eighth day of October, Nineteen Hundred Eighty-Five. Given under my hand and seal, Mayor October 28, 1985 - 28 - Item II-L-1 CONSENT AGENDA ITEM # 24438 Upon motion by Councilman Jones, seconded by Councilman Fentress, City Council ADOPTED the following Ordinance: Ordinance to transfer $75,751 of Capital Project Funds to establish a water project for Lynnhaven Parkway/Rosemont Forest for a Cost Participation Agreement with R. G. Moore Building Corporation. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy A. Creech * Council Members Absent: Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. *Councilwoman Creech VERBALLY ABSTAINED October 28, 1985 H I r1 1 Z W ri vAN ORDINANCE TO TRANSFER $75,751 ' E- 'o_ OF CAPITAL PROJECTS FUNDS TO ESTABLISH Q -) c H �. 2 i- '-; ; < A WATER PROJECT FOR <> LYNNHAVEN PARKWAY/ROSEMONT FOREST n c ;• �`" FOR A COST PARTICIPATION AGREEMENT WITH , a ,tom b R. G. MOORE BUILDING CORPORATION re . r1 WHEREAS, R. G. Moore Building Corporation is desirous of developing land located in the Lynnhaven Parkway/Rosemont Forest Subdivision in the Kempsville Borough in accordance with the terms and conditions of the city ordinances, and WHEREAS, the city desires to enter into a cost participation agree- ment requesting the developer to engage in construction greater in scope than is necessary for the project in order to provide water services to customers outside the project limits, and WHEREAS, the city's share of costs is estimated at $75,751 for water improvements with such costs to be charged to a new water capital project and with funds to be transferred from project #5-304 Small Line Improvements, and WHEREAS, such construction at this time will provide for future needs and prevent the city from having to incur additional operating and maintenance costs at a later date. NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that project #5-995 Lynnhaven Parkway/Rosemont Forest Water is hereby established as a capital project and that $75,751 is transferred from project #5-304 Small Line Improvements to cover the city's share of the cost participation agreement. BE IT FURTHER ORDAINED that the City Manager is hereby authorized and directed to execute the cost participation agreement with R. G. Moore Building Corporation for construction of water facilities. Said proposed agreement is hereby attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 28 __ October 85 day of — -- -- --— 19 - • PWC 2/rosemont October 28, 1985 - 29 - Item II- L-2 CONSENT AGENDA ITEM # 24439 Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance appointing Viewers in the petition of David Hillquist for the closure of a portion of an alley between 4th and 5th Streets. The Viewers are: Robert J. Scott - Director of Planning David Grochmal - Director of General Service C. Oral Lambert, Jr. - Director of Public Works Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones, and J. Henry McCoy, Jr. , D.D.S. October 28, 1985 ORDINANCE APPOINTING VIEWERS WHEREAS, David K. Hillquist has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 28th day of October , 1985, 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 of variable width, and has filed such application with said Council . NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott I David M. Grochmal and C. Oral Lambert, Jr. are hereby appointed to view the below described property and report in writing to the Council on or before , 1985 , whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: THAT CERTAIN portion of an Alley 15 feet in width, lying West of Atlantic Avenue in Block 8 as shown on the "PLAT OF THE OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH, VIRGINIA, between 4th Street to the South and 5th Street to the North, beginning at a pin located at the intersection of the Western right-of-way line of Atlantic Avenue and the Northern right-of-way line of the 15 ' Alley, thence from said point of beginning N 83° 10 ' 00" E a distance of 244 .42 feet along the northern right-of-way line of the 15 ' Alley to a pin at the southwestern corner of Lot 5 , in Block 8 ; thence N 06° 50 ' 00" W a distance of 15 feet to a pin at the northwestern corner of Lot 11 , in Block 8 ; thence S 83° 10 ' 00" W a distance of 241. 68 feet along the southern right-of-way line of the 15 ' Alley to a pin at the point GUY,CROMWELL,BETZ of intersection with the western right-of-way line of &LUSTIG,PC. ATTORNEYS AT LAW Atlantic Avenue; thence along the western right-of-way line of Atlantic Avenue along the arc of a curve with a radius of 1106 . 00 feet, an arc distance of 15 . 25 feet to the point of beginning as shown on that Plat entitled "PLAT SHOWING 15 ' ALLEY TO BE CLOSED IN BLOCK 8 OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA. " - 1 - October 28, 1985 All of the above as shown upon that certain plat entitled, "Plat Showing a 15 ' ALLEY TO BE CLOSED IN BLOCK 8 OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA" , which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. GUY,CROMWELL,BETZ &LUSTIG,P.C. ATTORNEYS AT LAW eb - 2 - October 28, 1985 GUY, CROMWELL, 13ETZ 8c LUSTIG, P. C. ATTORNEYS AND COUNSELORS AT LAW TELEPHONE 499-0971 RICHAED D. dIJY PrMUIIOYK Orr,cI 1'AR1[ WAYNE LURTIO AREA CODE 004 ROnEET B.CroxwELL,JR. P8,4826N1 ONr-SuIrr 126 THOMAS F. BETz,JE. TELEX 59-5460 BOWLED R.SYxzn,JE. VIROINIA BEACH,VIROINIA 2346Q-2909 JETYREY B. Rwxx AMER JODITH M.Cormz D THOMAE S.CARNER R.EDwwED BouEDON,JR. October 7 , 1985 I , R. Edward Bourdon, Jr. , attorney for David K. Hillquist, do hereby certify that : 1. I am an attorney at law and represent David K. Hillquist. 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said street will vest in the adjoining property owners. 3 . The portion of street to be closed, referred to herein, is described as follows: THAT CERTAIN portion of an Alley 15 feet in width, lying West of Atlantic Avenue in Block 8 as shown on the "PLAT OF THE OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH, VIRGINIA, between 4th Street to the South and 5th Street to the North, beginning at a pin located at the intersection of the Western right-of-way line of Atlantic Avenue and the Northern right-of-way line of the 15' Alley, thence from said point of beginning N 83° 10 ' 00" E a distance of 244 .42 feet along the northern right-of-way line of the 15 ' Alley to a pin at the southwestern corner of Lot 5, in Block 8 ; thence N 06° 50' 00" W a distance of 15 feet to a pin at the northwestern corner of Lot 11, in Block 8 ; thence S 83° 10 ' 00" W a distance of 241.68 feet along the southern right-of-way line of the 15 ' Alley to a pin at the point of intersection with the western right-of-way line of Atlantic Avenue; thence along the western right-of-way line of Atlantic Avenue along the arc of a curve with a radius of 1106.00 feet, an arc distance of 15. 25 feet October 28, 1985 GUY, CROMWELL,BETZ & LUSTIG, P. C. Page 2 October 7 , 1985 to the point of beginning as shown on that Plat entitled "PLAT SHOWING 15' ALLEY TO BE CLOSED IN BLOCK 8 OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA." GUY, CROMWELL, BETZ & LUSTIG, P.C. By: '.`�_�.. ,�,�? ; :4'�.`. , ra( -•. ., / R. Edward Bourdon, Jr. r eb October 28, 1985 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN FIFTEEN FOOT WIDE ALLEY, LYING WEST OF ATLANTIC AVENUE BETWEEN 4TH STREET AND 5TH STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING 15' ALLEY TO BE CLOSED IN BLOCK 8 OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA" , WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, David K. Hillquist, respectfully represents as follows: 1. That pursuant to the provisions of Section 15 . 1- 364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows : THAT CERTAIN portion of an Alley 15 feet in width, lying West of Atlantic Avenue in Block 8 as shown on the "PLAT OF THE OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH, VIRGINIA, between 4th Street to the South and 5th Street to the North, beginning at a pin located at the intersection of the Western right-of-way line of Atlantic Avenue and the Northern right-of-way line of the 15 ' Alley, thence from said point of beginning N 83° 10 ' 00" E a distance of 244 .42 feet along the northern right-of-way line of the 15' Alley to a pin at the southwestern corner of Lot 5 , in Block 8 ; thence N 06° 50 ' 00" W a distance of 15 feet to a pin at the northwestern corner of Lot 11 , in Block 8 ; thence S 83° 10 ' 00" W a distance of 241.68 feet along the southern right-of-way line of the 15 ' Alley to a pin at the point of intersection with the western right-of-way line of Atlantic Avenue; thence along the western right-of-way line of Atlantic Avenue along the arc of a curve with a radius of 1106 . 00 feet, an arc distance of 15 . 25 feet to the point of beginning as shown on that Plat entitled "PLAT SHOWING 15 ' ALLEY TO BE CLOSED IN BLOCK 8 OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA. " GUY,CROMWELL,BETZ &LUSTIG,P.C. ATTORNEYSATLAW Said parcel of land being a portion of a 15 foot Wide Alley as indicated on that certain plat entitled, "Plat Showing - 1 - October 28, 1985 15 ' Alley to be closed in Block 8 OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA" , which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance 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 , 1985 , 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 4th day of October , 1985 , Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4 . That the Petitioner is fee simple owner of all land along and adjacent to the northern line of said portion of the platted street to be closed. Respectfully submitted, DAVID K. HILLQUIST 2aitBykl -)C-V\anstrCi1/4AcC1),- Of Counsel Robert B. Cromwell, Jr. , Esquire R. Edward Bourdon, Jr. , Esquire GUY, CROMWELL, BETZ & LUSTIG, P.C. Pembroke Office Park Pembroke One, Suite 525 Virginia Beach, Virginia 23462-2989 GUY,CROMWELL,BETZ ( 804 ) 499-8971 &LUSTIG,P.C. ATTORNEYS AT LAW reb - 2 - October 28, 1985 - 30 - Item II-L-3 CONSENT AGENDA ITEM II 24440 Upon motion by Councilman Jones, and seconded by Councilman Fentress, City Council ADOPTED an Ordinance appointing Viewers in the petition of Gordon Rudolph for the closure of a portion of Pennsylvania Avenue. The Viewers are: Robert J. Scott - Director of Planning David Grochmal - Director of General Services C. Oral Lambert, Jr. - Director of Public Works The City Council instructed the City Clerk to SCHEDULE the Change of Zoning Application and this Street Closure Petition in behalf of GORDON RUDOLPH for November 18, 1985. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings Jr. , Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None 4 Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr., D.D.S I October 28, 1985 - 30a- ORDINANCE APPOINTING VIEWERS WHEREAS, Gordon Rudolph has given due and proper notice , in accordance with Section 15. 1-364 of the Code of Virginia, 1950, as amended, that he will on the 28 th day of October , 1985, apply to the City Council of the City of Virginia, 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, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott David M. Grochmal and C. Oral Lambert, Jr. are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result from the discontinuing and vacating of a portion of that certain street located in the City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT portion of Pennsylvania Avenue lying north of the northern right-of-way line of Broad Street and south of the southern right-of-way line of Douglas Street as shown on that certain plat entitled, "Plat of Euclid Place" recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 4 , at page 62. October 28, 1985 29b IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS PENNSYLVANIA AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF EUCLID PLACE" , RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 4, AT PAGE 62. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner , Gordon Rudolph, respectfully represents as follows : 1 . That pursuant to the provisions of Section 15 . 1-364 of the 1950 Code of Virginia , as amended , the Petitioner applies for the vacating, closing , and discontinuance of a portion of that certain street , which is more specifically described as follows : ALL THAT portion of Pennsylvania Avenue lying north of the northern right-of-way line of Broad Street and south of the southern right-of-way line of Douglas Street as shown on the certain plat entitled "Plat of Euclid Place" recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 62. 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 as soon as practicable as to whether in the opinion of said October 28, 1985 € _ 3Cc - Viewers, what inconvenience, if any, would result from the discontinuance and the closing of this portion of said street, as herein described . 3 . That on the 19th day of October, 1985, and on the 26th day of October , 1985 , notice of the presenting of this application was published in the Virginian-Pilot, a newspaper of general circulation 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 the Estate of R. E. Townsend , Marvin C. Overcash, Administrator , 880 Winwood Drive, Virginia Beach, Virginia ; Nancy H. Sublett, and Ina W. Harris , Jr . , 6921 Cherry Lane, Annondale , Virginia; Ethel P. Anthony and Julia Fay P. Linker c/o Donald Hacker, Route 2, Mount Pleasant, Pennsylvania; Hugh P. Thrasher , Jr . , 7056 Silver Lake Drive, Rockford, Michigan; and Bruce B. Mills , 4145 Virginia Beach Boulevard, Virginia Beach, Virginia . Respectfully submitted , GORDON RUDOLPH By: �� F� f�/ Gi Of Counsel Charles M. Salle PENDER & COWARD Greenwich Centre 4th Floor , 192 Ballard Court [At Greenwich Road] Virginia Beach, VA 23462 (804) 490-3000 -2- October 28, 1985 rt - 31 - Item II-L-4 CONSENT AGENDA ITEM /1 24441 Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City Council APPROVED the following RAFFLE PERMITS: Joy Fund Charity Bowl Princess Anne High School ROTC Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr. , D.D.S. October 28, 1985 - 32 - Item II-L-5 CONSENT AGENDA ITEM # 24442 Upon motion by Councilman Robert Jones, seconded by Councilman Fentress, City Council ADOPTED the Ordinance authorizing tax refunds in the amount of ($542.84) upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones and J. Henry McCoy, Jr., D.D.S. October 28, 1985 rORM NO. C.A. 7 / - 32a - 10/11/85 EMC 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 Y ar Type Ticket Exonera- Date Penalty Int. Total of Tax Number • tion No. Paid Lynn A Regna 85 PP 130853-0 8/16/85 15.65 Michael Regna 85 PP 130854-9 8/16/85 12.51 William B & Bernice Wiley 85 RE(2/2) 95508-5 9/13/85 46.36 L W & Gladys I Carroll 85 RE(2/2) 15065-8 9/11/85 21 . 36 Randolph N Harrison et ux 83 RE(1/2) 34840-3 10/20/82 6.00 Randolph N Harrison et ux 83 RE(2/2) 34840-3 10/20/82 6.00 Randolph N Harrison et ux 84 RE(1/2) 36659-7 10/25/83 6.00 Randolph N Harrison et ux 84 RE(2/2) 36659-7 10/25/83 6.00 Earl P & Lucy Yates 83 RE(1/2) 90077-9 11/1/82 89.07 Earl P & Lucy Yates 83 RE(2/2) 90077-9 5/26/83 89.07 Earl P & Lucy Yates 84 RE(1/2) 95304-2 10/5/83 103.91 Earl P & Lucy Yates 84 RE(2/2) 95304-2 5/11/84 103.91 J J Fulton 85 Dog V21874 9/30/85 7.00 Patrick H Moore N/A Pkng 75370 9/24/85 30.00 • ,...•... _. .•..� Total 542.84 • .`•1•'',4 i + i I .t .1 [ . . ..... . This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certified as to payment; 1542.84 were approved by the Council of the City of Virginia 1. 7:-- c/.60C Beach on the 28 day of October, , 1985 � /� John T. Atkinson, Treasurer' = 1 _—____ Approved as to form: Ruth Hodges Smith 41 / City Clerk .fp___ 54/q) id445" J Da e Bimson, Ci y Attorney October 28, 1985 - 33 - Item II-M.1/2/3/4/5 APPOINTMENTS ITEM # 24443 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION HISTORICAL REVIEW BOARD HOUSING BOARD OF APPEALS TRANSPORTATION SAFETY COMMISSION October 28, 1985 - 34 - Item II-N.1 UNFINISHED BUSINESS ITEM II 24444 ADD-ON The City Clerk referenced letter from Van H. Lefcoe concerning BETH SHOLOM HOUSING CORPORATION, THE RUSSELL HOUSE, INC., AND ZION PLACE, INC. t/a LUTHER MANOR. Mr. Lefcoe requested to appear before Council on November 4, 1985, for the purpose of requesting Council to conduct a PUBLIC HEARING on the issue of exemption of the above referenced entities from real estate taxes in the City of Virginia Beach. The City Manager's letter accompanying the 1986 LEGISLATIVE PROPOSALS will reference an addition to the LEGISLATIVE PACKAGE of items that do not meet the criteria of either State or Local importance. BETH SHOLOM's request for tax-exemption status for their Housing project is referenced. This will allow the General Assembly to be alerted to these issues and address same. BY CONSENSUS, City Council DEFERRED discussion pending report of City Manager. October 28, 1985 - 35 - Item II-0.1 NEW BUSINESS ITEM # 24445 Aubrey Watts, Deputy City Manager, introduced Michael J. Barrett, Director of the RESORT AREA ADVISORY COMMISSION, who presented a BRIEFING on OPEN AIR CAFE REGULATIONS. Mr. Barrett distributed copies of his MEMORANDUM of September Twenty-fourth to City Council (Copy of said information is hereby made a part of the record). The regulations concerning OPEN AIR CAFES have been developed by the City Staff with input from a Subcommittee of RESORT AREA ADVISORY COMMISSION Members. Preliminary drafts have been reviewed by staff from City agencies including the Law Department, Planning, Public Works, Police, General Services, Permits and Inspections, and the Fire Department. Their comments have, in most cases, been incorporated in the proposed regulations. The RESORT AREA ADVISORY COMMISSION reviewed this final draft and APPROVED it at their meeting on Thursday, September 19, 1985. These REGULATIONS would authorize OPEN AIR CAFES along the boardwalk and the stub street parks, and are designed to implement the proposal made by the Urban Land Institute. These regulations provide for CAFES which would be adjacent to existing hotels or restaurants which would be in accord with the theme of making the Boardwalk a more attractive day and evening experience as well as an improved environment. A CAFE GUIDELINES SKETCH and a CHART reflecting the ADMINISTRATIVE AND LEGISLATIVE PROCEDURES to be followed upon application of an OPEN AIR CAFE wre included in Mr. Barrett's presentation. Mr. Barrett depicted the basic relationship of the CAFE to the existing Boardwalk and Bike Path. The proposed CAFES on the Boardwalk would be located on the Green Space between the Bike Path and the right-of-way line of the existing hotel. A ten-foot clear path from any obstruction would be maintained. There is also a perimeter fence which would be required to screen the customers from public view. A canopy would also be required for the BOARDWALK CAFES, but it would be optional for the SIDEWALK CAFES. The overall size of the resort OPEN AIR/BOARDWALK CAFE is not to exceed 800 square feet gross per restaurant. There shall be a Franchise fee of $1.00 per square foot, per year, payable to the City of Virginia Beach. A security deposit/bond will be required as determined by the Public Works Department. A SURVEY has been conducted and the RAAC believes that approximately twenty-five potential sites would qualify for this operation. THE RAAC wishes to ensure the Pedestrian Access would be through one entrance, preferably off an existing walkway that goes from an existing hotel to the Boardwalk itself. In order to authorize the concept of OPEN AIR CAFES for the Summer of 1986, these procedures must be followed: 1. City Council would AUTHORIZE the City Manager to promulgate the regulations for the OPEN AIR CAFES. 2. A sample FRANCHISE AGREEMENT should be drafted by the City Attorney. 3. The City Council must AUTHORIZE each INDIVIDUAL FRANCHISE AGREEMENT. BY CONSENSUS, the Virginia Beach Resort Area Advisory Commission will proceed to establish franchise criteria. The Mayor asked that a Public Hearing be Scheduled. October 28, 1985 - 36 - Item II-P.1 ADJOURNMENT ITEM # 24446 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the meeting at 10:58 P.M. 0j-vo4 y9/ BevenTY 0. Hooks Chief Deputy City Clerk • ( 4-‘-t< L-gtdd-v uth Hodges mith, CMC ayor Harold Heischober City Clerk City of Virginia Beach, Virginia /bh Octobe 28, 1985