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Home My WebLink AboutJANUARY 22, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" C= COUNCIL -YOR -Ey@- E VICE MAYO@ RO@-T E. IENT@@, -ERT @ B@., ]OH' A, M-, BI-@@ -RO- @A MI@l-, l@-@ ].I. 1-1@ K, A, j@., A@ l@l ':ITY 'ALL @11-1- @,B-Y I -@S, JR, Ii,, CITY COUNCIL AGENDA .1"l,"IL CEITER -LIE I U-Y, Ci@, All- JANUARY 22, 1990 ITEM 1. CITY COUTCIL WCRKSHOP - Conference Room 3:00 PM A. ADVERTISING PROGRAM James B. Ricketts, Director of COnvention and Visitor Developrnent ITEM 11. COUNCIL CONFEREWE SESSION Conference Room 3:45 PM A. PERSONNEL BOARD BRIEFING B. CITY COUNCIL CONCERNS ITEM Ill. D I N N E R Conference Room 4:15 PM ITB4 I V. INFOR4AL SESSION Conference Room 4:30 PM A. CALL TO ORDER - Mayor Mayera E. Oberndorf B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESS ION Oc)uncil Chamber 6:00 PM A. INVOCATION: Reverend Russell 0. Siler Evangel ical Lutheran Church of the Good Shepherd B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE L)NITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COURCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES INFORMAL & FORMAL SESSIONS - January 8, 1990 F. CRDINANCES I Ordinances to authorize acquisition of property in fee simple for right-of-way for educational purposes either by agreernent or condemnation and to apply for Riqht of Entry thereon (Wast Kernpsville Area High School) (CIP 1-022): a. Property of MC)nford M. and Lettle E. Gregory; AND, b. Property of Doris Steelman, entitled Graycliff. G. CONSENT AGENDA Al I matters I isted under the Consent Agenda are considered in the ordinary course of business by City Council and wil I be enacted by one motion In the form listed. If an item is rernoved from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to AMEND and REORDAIN Sections 35-64 and 35-67 of the Code of the City of Virginia Beach, Virginia, re tax exetnption, deferral or freeze for elderly and disabled persons. 2. Ordinances appointing viewers: a. Petition of the Estate of Arnelia G. 14cLean for the closure of a portion of Lockheed Avenue (LYNNHAVEN BCROUGH); AND, b. Petition of Central Fidelity Bank for the closure of a portion of Cleveland Street (BAYSIDE BOROUGH). 3. Ordinance authorizing tax refunds in the amount of $824.75. H. PLIBLIC HEARING 1. PLANNING a. Ordinance to AMEND and REORDAIN Article 9, Section 901 of the Clty Zoning Ordinance re use regulations for commercial recreational facillties other than those of an outdoor nature. Recommendation: APPROVAL b. Application of POCKETS, INC., for a Donditional Use Permit for a cornmercial recreational facility other than that of an ou r@- (41 ach Boulevard) (BAYS I DE BOROUGH) . Deferred January 8, 1990. Recommendation: APPROVAL cAppi !cation of WORD OF LIFE CHRISTIAN CHURCH for a Chanae of from R-5D ResidentiT] D-ul)lex i -t mor- o, on o rincess Anne Road and acres (KEMPSVILLE BOROUGH). ss Anne Road) , containing 8.23 Deferred December 18, 1989. Recamendation: DENIAL d. Appl ication of EI)ML)ND R. 13RODEUR, SR. and LOUISE BRODEUR f@, a Variance to Section 4.4(b) of the Subdivision Ord inance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance at the Western terminus of Kneeland Street (KEMPSVILLE BOROUGH). ReCOMmendation: APPROVAL e. Application of LINION BAPTIST CHLIRCH for a Conditional Use Permit for a church on the North side of South ulevard, East of Independence Boulevard (4608 South Boulevard), containing 1.2 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL f. App] ication of PLEASANT GROVE BAPTIST CHURCH f,r a Conditional Use PerTnit for a church on the West side of Kernpsville Road, 850 fee ore or es North of the Virginia Beach/Chesapeake City Line, containing 13.22 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL g. Applications of ROWE DEVELOPMENT COMPANY for Conditional ZLoon,'n " ' ' ' u " "' Classifications on the East side of Grayso Road (KEMPSVIL LE BOROUGH): From R-5D Residential Duplex District to 0-2 Office District, 150 feet more or less South of Corporate Woods Drive (262 Grayson Road), containing 28,740.88 square feet; AND, From 0-1 Office District to 0-2 Office District, beginning at a point 260 feet more or less South of Corporate Woods Drive, containing 43,551 square feet. Recommendation: APPROVAL h. Applications of RHW, INC. T/A BOB WEAVER'S AURO SALES at the Northeast corner of South Military Highway and Alexandria Avenue (766 South Military Highway), containing 29,925.72 square feet (KEMPSVILLEBOROUGH): Change of Zonina Di str irt C.1-ssification f rorn 1-1 L i ci ht lndUSTrial District to B-2 Communi y Bus-iness Dis r@, t; AND, Cond i t i ona I Use Pem i t for used a uto sa I es. Recommendation: APPROVAL Application of HAMP'RON ROADS YOUTH HOCKEY ASSOCIATION, INC. for a Conditional I'se Permit for a binqo Darlor on the North side of vard, I I feet West of K!ng Ri.hard Drive (3352 Virginia Beach Boulevard), containing 9.45 acres (LYNNHAVEN BCROUGH). Recommendation: APPROVAL j. Appi ication of A.R.C., INC. for a Conditional Use Permit for t d e 1040 feet m ill( at a potnt 6i urnp containing 5.92 acres (i Recommendation: APPROVAL k. Application of ROBERT KOTTKE and JANET KOTTKE for a Conditi,nal Use Permit for a private school on Lot IOA, Bel !amy Manor (5009 Provi'dence @o d) , conta-ining 1.4 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 1. Ordinance to AMEND and REORDAIN Section 4.4(c) of the Subdlvision Ordinance of the City of Virginia Beach, Virginia, re corner lots. Recornmendat I on: APPROVAL m. Ordinances to AMEND and REORDAIN the City Zoning Ordinance of the City of Virginia Beach, Virginia: 1. Article 7 re corner lots in the Hotel Districts which are focated at the Intersection of two streets, either of which is shown on the Master Street and Highway Plan as a 4-lane undivided roadway or greater. 2. Article 8 re corner lots In the Office Districts which are located at the Intersection of two streets, either of which Is shown on the Master Street and Highway Plan as a 4-lane undivided roadway or greater. 3. Article 9 re corner lots In the Business Districts which are focated at the Intersection of two streets, either ot which Is shown on the Master Street and Highway Plan as a 4-lane undivided roadway or greater. 4. Article 10 re corner lots in the Industrial Districts which are located at the Intersection of two streets, either of which Is shown on the Master Street and Highway Plan as a 4-lane undlvided roadway or greater. Recommendation: APPROVAL 1. APPOINTMENTS COMMLJNITY SERVICES BOARD HISTORICAL REVIEW BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VOLUNTEER COUNCIL J- UNFINISHED 13USINESS K. NEW BUSINESS L. ADJOLIRWENT CITY COLINCIL SESSIONS RESCHEDULED JANUARY 29, 1990 2:00 PM RESCHEDULE OF JANUARY I AND JANUARY 15 "NEW YEAR'S DAY" AND "LEE-JACKSON-KING DAY" HOLIDAYS FEBRUARY 20, 1990 2:00 PM RESCHEDULE OF FEBRUARY 19, 1990 "PRESIDENTS' DAY" 1/18/90 lb M I N U T E S VIRGINIA BEACI-I CITY COUNCIL Virgiiiia Beacli, Virginia January 22, 1990 The CITY COUNCIL WORKSHOP relative the ADVERTISING PROGRAM was called to order by Mayor Meyera E. Oberndorf i, the Conference Room, City Hall Building, on Monday, January 22, 1990, at 3:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, J,. Council Members Absent: John L. Perry (ENTERED: 3:22 P.M.) - 2 - CITY COUNCIL WORKSHOP ADVERTISING PROCRAM 3:00 P.@i. ITEM # 32272 James B. Ricketts, Director of Convention and Visitor Development, advised last in February, I year an Economic Evaluation of Tourism Advertising Expenditures was comp ted record. 1989. Copy of said publication is hereby made a part of the Mr. Ricketts advised the several factors examined in determining the tourist year in Virginia Beach: VIRGINIA BEACJI OCCUPANCY Oceanfront 1987 1988 1989 June 71% 70% 66% July 89% 87% 89% August 90% 93% 92% Average 84% 84% 83% VIRGINIA BEACH OCCUPANCY Citywide 1987 1988 1989 June 70% 66% 64% July 87% 84% 84% August 87% 89% 86% Average 82% 80% 79% ROOMNIGHTS oCcUpIED Sil@er 1986 1987 1988 1989 Oceanfront 353,413 370,583 + 4.9% 374,243 + 1% 357,727 + .4% Citywide 687,050 718,693 + 4.6% 742,965 + 3.4% 732,656 - 1.4% VIRGINIA BEACH OCCUPANcy Year-Round Oceanfront 60% 62% 62% Citywide 60% 61% 60% - 3 - CITY COUNCIL WORKSHOP ADVERTISING PROGRAM ITEM # 32272 (Continued) Mr. Ricketts advised the local TRENDS affecting Virginia Beach: Weather Beach Replenishment Progeram Labor Day Weekend (1988/1989) Mr. Ricketts advised, more importantly the change in national demographics of the visitors as well as competition was examined. Mr. Ricketts Stres,ed th, competitive elements. As many cities are experiencing loss in revenue, more and more cities and iocalities are faced with looking toward the tourism industry to produce revenue. It is not uncommon for some of the major cities to have budgets for their Departments of Convention and Visitor Development of approximately $6- to $9-MILLION. With the presence of this competitive element, it is difficult to maintain the market share. Mr. Ricketts displayed slides depicting the "1989 OVERNIGHT VISITOR SURVEY FOR THE SUMMER": 1989 OVERNIGHT VISITOR SURVEY BOARDWALK Visitor Origin by State Virginia 26.9% Pennsylvania 15.5% New York 11.8% Ohio 7.5% New Jersey 6.6% Maryland 5.9% West Virginia 2.7% Massachusetts 2.4% Connecticut 2.3% North Carolina 2.0% Mr. Ricketts advised the Visitor Origin by Area of Dominant Influence was examined. Visitors primarily originate from Northern Virginia and Maryland (the suburbs). Visitors from Boston have increased substantially. Close to 50% of Visitors to Virginia Beach are accompanied by children under the age of 18. Forty percent (40%) of Virginia Beach's visitors have household incomes in excess of $50,000. The average income is close to $45,000. The Marine Science Museum, second only to Busch Gardens, has become one of the major attractions to the City's visitors exceeding Colonial Williamsburg. The ordinances instituted have decreased the "rowdy" conduct in Virginia Beach experienced in the past. The Overnight Visitor Boardwalk Survey related 43.8% indicated Virginia Beach was a "great place to visit". The calendar year 1988 Tourism Media Advertising program attracted 510,880 visitors which generated $3.9-MILLION in net tax revenue and a net rate of return of 196 percent. Total Tax Revenue $5.9 MILLION Total Cost 2.0 MILLION Net Tax Revenue 3.9 MILLION - 4 - CITY COUNCIL WORKSHOP ADVERTISING PROGRAM ITEM # 32272 (Continued) The total tourism promotion marketing budget for the current fiscal year is approximately $2.3-MILLION, which includes the printing of hundreds of thousands of promotional brochures, a year-round tourism public relations and Publicity program, special interest marketing programs for group tours, golfers, senior citizens, international visitors and other groups, and primary advertising campaigns in the Spring/early Summer and in the late Summer/Fall. Of the $2.3-MILLION allocated for promotion, $1.9-MILLION is budgeted for media advertising. Of this amount, $908,657 for media Placement is allocated f,r the Spring/Summer advertising campaign ($757,657 for the basic media advertising program and $152,000 for a cooperative TV advertising program with Busch Gardens in Williamsburg, which was initiated several years ago). The $756,000 for the basic spring advertising program will be devoted to an all-print campaign. The primary reason for an all-print campaign is budget driven. There are not sufficient funds available to effectiveiy place both print and broadcast advertising with ttie frequency needed to compete in a highly competitive environment. Mr. Ricketts cited the reasons for an all-print campaign: Print has been proven to be the most effective single inquiry generating medium. Print creates more total impressions and frequency per dollar spent. Print provides broader geographics coverage by allowing for the inclusion of more markets. Print has the potential of giving the prospect sufficient time with the City's messages so that complex messages can be imported. The all-print program wiil inciude ads in various daily newspapers ($398,506), in brochure sections for several media ($18,700), in a number of women's consumer magazines ($195,181) and in the Sunday Parade magazines ($144,270). In addition, the City's annual contribution to the Busch Gardens Co-op program of $152,000 will be matched by Busch to create a $304,000 all television campaign in several markets. The City Manager's letter of January 4, 1990, outlined an additional request from staff for funds to enhance the Spring/Summer tourism and promotional efforts. Expanded media tourism advertising $400,000 Replacement of tourism publicity funds 56,500 Expanded tourism publicity program 89,000 Total funds requested $545,500 The additional media tourism advertising funds in the amount of $400,000 will allow the City to add their own exclusive Virginia Beach television campaign ($300,000) and to increase the contribution to Busch Gardens co-op program by $100,000. The largest newspaper ad in the campaign this Spring and Summer will be one-quarter page. It will cost $6,666 to run one insertion once in the Washington Post. Mr. Ricketts introduced members of The Polizos Agency: Charles R. Applebach - Executive Vice President; E. D. Cummings - Vice Chairman, Michael C. Lambert - Director of Medial Services, Dr. Gilbert R. Youchum - Professor of Economics, Old Dominion University; and, Dr. Vinod B. Agarwal - Associate Professor of Economics, Old Dominion University. Doctors Youchum and Agarwal prepared the study: "AN ECONOMIC EVALUATION OF TOURISM ADVERTISING EXPENDITURES". - 5 - P E R SON NE L B OAR D B R I E F IN G 4:05 P.M. ITEM # 32273 Fagan Stackhouse, Personnel Director, advised Administrative Hearing Procedures are utilized rather than strict rules of evidence whereby the employee has the opportunity to represent him or herself or obtain legal representation. The Department of Personnel serves as the procedural and administrative arm to the Personnel Board. The Director of Personnel serves as the Secretary to the Board. The grievance process is handled by the Department's Employee Relations Division. Type A grievances are defined as a dismissal, demotion or suspension over five days. Type A grievances proceed directly to the Personnel Board. Type B grievances are all other issues other than dismissals, demotions, or suspension over five days. Type B grievances have five steps: Verbal to immediate supervisor Written to immediate supervisor Written to Department Head Written to City Manager Referred to Personnel Board STATISTICS OF BOARD HEARINGS Number of Hearings 29 Average Hours Spent 2.83 Shortest Hearing 1/2 hour Longest Hearing 9 hours Number of Appeals Upheld by the Board 17 (59%) Number of Appeals Reversed or Reduced 12 (41%) MONETARY COMPENSATION FOR THE BOARD Cost for Members $4,200 (exciuding City employees) Average Cost Per Hearing $ 155.56 Mr. Stackhouse introduced Robert T. Ragerman, Chairman - Personnel Board. Mr. Hagerman expressed his appreciation for allowing him to serve on said Board. The Personnel Board, with the exception of Schools, handles all City Departments. All members comprising the Board are from diverse backgrounds. Robert T. Hagerman Chairman Colonel Edward Lynk Vice Chairman Willie Basnight City Representative Michael C. Savvides Constantine A. Spanoulis Mr. Hagerman advised the past record of the employee is carefullv scrutinized, as well as extenuating circumstances, the employee's honesty and whether the puriishment fits the offense. The Board Members are allowed to examine the witnesses. This is very important. The predominate reason for dismissal appears to be Absent Without Leave (AWOL). - 6 - IT EMS OF T BE C IT Y MANA GE R ITEM # 32274 The City Manager referenced an Ordinance to AMEND and REORDAIN Sections 35-64 and 35-67 of the Code of the City of Virginia Beach, Virginia, re tax exemption, deferral or freeze for elderly and disabled persons (See Item V-G.1 of the CONSENT AGENDA). The City Manager advised there were two copies of said ordinance mistakenly contained in the agenda. The City Manager distributed the Ordinance to amend and reordain Section 37-10 of the Code of the City of Virginia Beach, Virginia, pertaining to water supply, which had been inadvertently omitted. - 7 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32275 Councilwoman Henley advised Rogers, Golden and Halpern and Associates had advised the next presentation on the Comprehensive Plan components of their work related to Transfer of Development Rights would probably be available in approximately two weeks. Councilman Moss inquired as to the Planning Commission's assessment to date on the Kempsville study area. While Councilman Moss is concerned with the more volatile issues such as growth management and TDR, he is equally concerned with the northern parts of the City where continual troublesome pieces of property occur. This concern is not being driven by the TDR's or the Southeastern Expressway. Councilman Perry was most interested in the Planning Commission and the Planning Department conveying the same interpretation to applicants. Councilwoman McClanan advised if the Planning Commission has been working since January 1, 1989, she wished to be advised of their accompiishments in regard to the Comprehensive Plan as it applies to the whole City. Councilwoman Parker wished also the cost implications to be cited concerning the Capital Improvement Plan with relation to the Comprehensive Plan. The City Manager advised Councilman Moss the documentation relative technical evaluation of Conditional Zoning by the consultant would be delivered immediately upon receipt to the City Council. BY CONCENSUS, the City Council/Planning Commission Workshop SCHEDULED for Wednesday, January 24, 1990 at 6:00 P.M., will be RESCHEDULED. City Council requested a written report prior to this WORKSHOP by City Staff. ITEM # 32276 Councilman Baum referenced the Land Use Taxation Program. The use values are determined by the State Land Evaluation Advisory Council. Five-year returns of farmland are utilized in determining assessments. Each year, the earliest year is dropped and the latest year added. A major error has been made. Councilman Baum distributed a letter from Jerald Banagan, Real Estate Assessor, advising a comparison of the FY 1989/1990 and FY 1990/1991 values. (Said letter is hereby made a part of the record.) Councilman Baum wished the Department of Agriculture to review rural assessments. ITEM # 32277 Councilman Perry advised Aragona Boulevard in Aragona Village is wide enough to accommodate "walking lines" between the curbing and the center of the street. This would enable children to safely walk back and forth to School. There are no sidewalks. ITEM # 32278 Councilman Perry referenced the Ordinance upon application of PLEASURE HOUSE PROPERTIES for a Change of Zoning District Classification from A-12 TO A-18 (ADOPTED by City Council 1/8/90). The residents of Pleasure House Road expressed concern and advised the Planning Department utilized the wrong figures in their traffic count. Councilman Perry will add this item under NEW BUSINESS for a vote to schedule RECONSIDERATION. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32279 Councilman Perry referenced the double parking of tractor trailers on Honeygrove Road between the Haygood Shopping Center and the School for the Gifted and Talented. The City Manager will advise and renew City Staff's surveillance of the situation. ITEM # 32280 Councilwoman Parker advised Mayor Oberndorf and Councilman Sessoms read to the children at Cooke Elementary School. The children in the Second Grade wrote notes of appreciation to both. Councilwoman Parker delivered pictures drawn by the children of the Mayor and Councilman Sessoms. ITEM # 32281 Councilman Sessoms referenced the lay-off of State Health positions and the allocation of additional funds to continue the positions through June 30, 1990. Councilman Moss requested an update be provided. The City Manager referenced his Memorandum relative the State/City Cooperative Health Budget to Members of City Council with correspondence from the Health Department and a Schedule of the 26 positions affected (four of which are vacant and one funded from another source). The first three positions are contract service employees and positions 4-26 are part time employees who in most instances work approximately 32 cases per week. A Proposed Ordinance was attached to said Memorandum to transfer $104,202 from various accounts within the FY 1989-90 Operating Budget to provide one hundred percent local funds to defer lay-off of State Health Positions until June 30, 1990. The Memorandum from E. Dean Block, Assistant City Manager for Analysis and Evaluation, outlined four reasons against the allocation of an additional $104,000 to continue the positions through June 30, 1990. The City Manager requested Mr. Block to provide an OPTION 2 deferring the lay-off of 17 filled positions thru March 31, 1990, and 5 positions thru June 30, 1990. This would entail an expense of approximately $40,000. The City Manager's letter further advised the City has provided contractual service monies for obstetrical services to low income women. This service, initiated in FY 85-86 as a state-city shared cost program, has become totally dependent on city resources and Medicaid reimbursements. For the FY 89-90, the City appropriation is $359,900. However to ensure service continuation, the City agreed to allow the contracting physicians to collect Medicaid revenues which the City formerly collected to offset a portion of costs. This agreement resulted in a revenue reduction of $185,000, making the total cost impact of obstetrical services on the FY 89-90 Operating Budget $544,900. This cost is expected to continue and grow in FY 90-91. The City Council referenced Dr. C. M. G. Buttery's letter of December 11, 1989, expressing concern. (Said letter is hereby made a part of the record). Mayor Oberndorf advised she had forwarded correspondence to all Members of the General Assembly delegation describing the difference in the funding levels. Correspondence has also been forwarded to The Honorable Hunter B. Andrews - Chairman, Senate Finance Committee. The Demographics of the City of Virginia Beach have vastly changed. Our indigent population has grown significantly If based on the per capita for the indigent population, the City's share of health funding would be raised. If the funding formula was based on the size of the City or County, the City's share would still be raised. Tuesday, January 23, 1990, is the final day for new legislation. Mayor Oberndorf indicated in conversation with Senator Holland, she was advised of a significant Medicaid shortfall. Perhaps, Senator Holland could advise a route to follow so the City could be provided with a more equitable share for the indigent citizens. Councilman Moss suggested the more appropriate BEACON Headline would be "State Abandons Children, Beach Pickups Slack". Mr. Block advised the State is not only reducing the agencies in the current fiscal year, they are reducing the revenues to the localities as well. For instance in the current Fiscal year, $300,000 less can be expected in support of the law enforcement agencies. - 9 - ITEM # 32282 The INFORMAL SESSION of the VIRCINIA BEACIF CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, January 22, 1990, at 5:25 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 10 - ITEM # 32283 Mayor Meyera E. Oberndorf entertained a motion to permit CitY Council to conduct its EXEC[JTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MArMs: Discussion, consideration or interviews Of prospective candidates for employment, assignment, aPPointment, Promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344(A)(1). (1) Appointments: Boards nd Commissions - Community Services Board, Historical Review Board, Virginia Beach Community Development Corporation and the Volunteer Council. (2) Performance Evaluations: City Manager, City Clerk and City Assessor. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actu,l , probable litigation or other specific legal matters are the following: (1) Dwight Cowell v City of Virginia Beach, et al. Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 11 - VIRGINIA BEACH CITY COUNCIL January 22, 1990 6:00 P.M. Mayor Meyera E. Oberndorf called t, rde, the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, ou Monday, January 22, 1990, at 6:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Russell 0. Siler Evangelical Lutheran Church of the Good Shepherd PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - Item V-D. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32284 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council @lembers Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened intc, EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MTION; Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). (1) Appointments: Community Services Board, Historical Review Board, Virginia Beach Community Development Corporation, Volunteer Council. (2) Personnel Evaluations: City Manager, City Assessor, City Clerk. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight Cowell v City of Virginia Beach, et al. VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Sr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None City Clerk - 13 - IteL V-E. 1. MINUTES ITEM # 32285 Upon motion bY Councilwoman Parker, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS 0 1990. f January 81 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 14 - Item V-E.2. INTRODUCTION ITEM # 32286 Mayor Oberndorf recognized BOY Scout Troop 79, Phil McGinnis - Scoutmaster, sponsored by Nimmo United Methodist Ch,rch Men's Club. Boy Scott Troop 79 was in attendance during the City Council Session to earn their Merit Award. - 15 - Item V-F.l. ORDINANCES ITEM # 32287 The following spoke in OPPOSITION: Monford M. Gregory, Jr., 1676 Kempsvile Road, owner of the property to be acquired, "Tallwood". Ann Smith, 5492 Rutledge Road, Phone: 479-3458 Robert L. Jenkins, 1652 Kempsville Road, Phone: 479-4496 Bonnie L. Keller, 5488 Rutledge Road, Phone: 479-1642 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ADOPTED: Ordinances to authorize acquisition of property in fee simple for right-of-way for educational purposes either by agreement or condemnation and to apply for Right of Entry thereon (West Kempsville Area High School) (CIP 1-022): Property of Monford M. and Lettie E. Gregory; AND, Property of Doris Steelman, entitled Graycliff. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: None Councilwoman McClanan ABSTAINED as she has been a friend of Mrs. Greogory's for many years. 1 AN OR'DINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 EDUCATIONAL PURPOSES EITHER BY AGREEMENT OR 4 CONDEMNATION AND TO APPLY FOR RIGHT OF ENTRY 5 THEREON. 6 7 WHEREAS, in the opinion of the Council of the City of 8 Virginia Beach, Virginia, an essential public necessity exists 9 for the acquisition of property for educational purposes and for 10 the preservation of the safety, health, peace, good order, 11 comfort, convenience, and for the welfare of the people in the 12 City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Attorney is hereby authorized and 16 directed to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seq., 15.1-265, 15.1-898, 15.1-899, Code of 18 Virginia of 1950, as amended, all that certain real property in 19 fee simple, as shown on a plat on file in the office of Real 20 Estate Department of Public Works, Virginia Beach, Virginia. 21 22 Section 2. That the City Attorney is hereby authorized to 23 make or caused to be made on behalf of the City of Virginia 24 Beach, to the extent that funds are available, a reasonable offer 25 to the owners or persons having an interest in said lands, if 26 refused, the City Attorney is hereby authorized to institute 27 proceedings to condemn said property. 28 29 Section 3. That there is an urgent need to enter upon the 30 aforesaid property, without delay, for the purpose of meeting the 31 educational needs of the City and to enter into a construction 32 contract necessitating expeditious completion of the educational 33 facility. 34 That an emergency is hereby declared to exist and this 35 ordinance shall be in force and effect from the date of its 36 adoption. 37 Adopted by the council of the CitY of Virginia Beach, 3 8 Virginia, on the 22 day of . Jan 19 90 39 40 41 42 43 44 JAR/ih 45 CA-3599 46 \ordin\noncode\westkemp.ord 47 AN )INANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 EDUCATIONAL PURPOSES EITHER BY AGREEMENT OR 4 CONDEMNATION AND TO APPLY FOR RIGHT OF ENTRY 5 THEREON. 6 7 WHEREAS, in the opinion of the Council of the City of 8 Virginia Beach, Virginia, an esse,ti,l Public necessity exists 9 for the acquisition of property for educational purposes and for 10 the preservation of the safety, health, peace, good order, 11 comfort, convenience, and for the welfare of the people in the 12 City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Attorney is hereby authorized and 16 directed to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seq., 15.1-265, 15.1-898, 15.1-899, Code of 18 Virginia of 1950, as amended, all that certain real property in 19 fee simple, as shown on a plat entitled "GRAYCLIFF TWO 20 SUBDIVISION DATE MAY 1989,11 this plat is on file in the Office of 21 Real Estate Department of Public Works, Virginia Beach, Virginia. 22 23 Section 2. That the City Attorney is hereby authorized to 24 make or caused to be made on behalf of the City of Virginia 25 Beach, to the extent that funds are available, a reasonable offer 26 to the owners or persons having an interest in said lands, if 27 refused, the City Attorney is hereby authorized to institute 28 proceedings to condemn said property. 2 9 30 Section 3. That there is an urgent need to enter upon the 31 aforesaid property, without delay, for the purpose of meeting the 32 educational needs of the city and to enter into a construction 33 contract necessitating expeditious completion of the educational 34 facility. 35 That an emergency is hereby decl,red to exist and this 36 ordinance shall be in force and effect from the date of its 37 adoption. 38 Adopted by the council of the City of Virginia Beach, 3 9 Virginia, on the 22 day of January 19 90 40 41 42 43 44 45 JAR/ih 46 CA-3613 47 \ordin\noncode\landfill.ord 48 --7 - rrA ]'IZELIMINAITY SUltDIVISION I'LAN of GRAYCLIFF rwoSUBDIVISION for - 16 - Ttem V-G. CONSENT AGENDA ITEM # 32288 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Items 1, 2b. and 3 of the CONSENT AGENDA. Item 2a. was voted upon separately. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Willia, D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Councilman Sessoms VERBALLY ABSTAINED on Item V-G.2.b of the CONSENT ACENDA. Council Members Absent: None 1 7 Item V-G. 1. CONSENT AGENDA ITEM # 32289 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 28-6 of the Code of the City of Virginia Beach, Virginia, pertaining to sewer line fee exemptions. Ordinance to AMEND and REORDAIN Sections 35-64 and 35-67 of the Code of the City of Virginia Beach, Virginia, re tax exemption, deferral or freeze for elderly and disabled persons. Ordinance to AMEND and REORDAIN Section 37-10 of the Code of the City of Virginia Beach, Virginia, pertaining to water supply. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 28-6 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 SEWER LINE FEE EXEMPTIONS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 28-6 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 28-6. Sewer line fee exemptions--For certain elderly 11 and handicapped persons. 12 (a) Exemption or partial exemption from payment of the 13 line fees prescribed by section 28-4 is provided for certain 14 property owners who qualify under this section. The exemption is 15 to be administered by the city manager or his authorized designee, 16 herein referred to as the administrator. The administrator is 17 hereby authorized and empowered to prescribe, adopt and enforce 18 such rules and regulations, including the requirement of answers 19 under oath, as may be reasonably necessary to determine 20 qualifications for exemption. The administrator may require the 21 production of certified tax returns and appraisal reports to 22 establish income and financial worth. 23 (b) Exemptions shall be granted under this section 24 subject to the following provisions: 25 (1) Title to the property for which the line fee exemption is 26 sought must be held or partially held by the applicant at 27 least one hundred twenty (120) days prior to the installation 28 or scheduled date of installation, whichever comes first, of 29 the public sewer system. 30 (2) The owner of the title or partial title must be sixty-five 31 (65) years of age or older at least one hundred twenty (120) 32 days prior to the installation or scheduled installation 33 date, whichever comes first, of the public sewer system. If 34 such person is under sixty-five (65) years of age, he or she 35 shall possess a certieication by the social security 36 administration, the veterans administration, or the railroad 37 retirement board, or if SuCh person is not eligible for 38 certieication by any of these agencies, a sworn afeidavit by 39 two (2) medical doctors licensed to practice medicine in the 40 commonwealth, to the eefect that such person is permanently 41 and totally disabled, as defined in subsection (f) of this 42 section. The affidavit of at least one of such doctors shall 43 be based upon a physical examination of such person by such 44 doctor. The affidavit of one of such doctors may be based 45 upon medical information contained in the records of the 46 civil service commission which is relevant to the standards 47 for determining permanent and total disability, as defined in 48 subsection (f) of this section. Such medical affidavits 49 shall be filed with the administrator at such time as the 50 applicant Eiles a sewer line fee exemption affidavit. 51 (3) The dwelling to be connected to the public sewer system must 52 be the sole dwelling of the applicant claiming exemption. 53 (4) The total combined income during the immediately preceding 54 calendar year from all sources of the owners of the dwelling 55 living therein and of the owner's relatives living in the 56 dwelling does not exceed twenty thousand dollars 57 ($18, 000.00 ; provided that the first five 58 thousand dollars ($5,000.00) of income of each relative, 59 other than spouse or spouses of the owner or owners living in 60 the dwelling shall not be included in such total; and 61 provided further that the first seven thousand five hundred 62 dollars ($7,500.00) or any portion thereof of income received 63 by a permanently and totally disabled owner shall not be 64 included in such total. 65 (5) The net combined Einancial worth of the owner shall not 66 exceed f-if-ty sevent thousand dollars I - 67 1000-00 , excluding the fair market value of the house to 68 be connected to the public sewer system. Net combined 69 financial worth shall include the value of all assets, 2 70 including equitable interests, of the owner and of the spouse 71 of the owner. 72 (c) Persons applying for line fee exemption under this 73 section must file with the administrator a line fee exemption 74 affidavit setting forth, in a manner prescribed by the 75 administrator, the location and value of the property to be 76 connected to the public sewer, the names of the persons related to 77 the owner and occupying the dwelling, their gross combined income 78 and their net combined financial worth. If such applicant is 79 under sixty-five (65) years of age, medical certification or 80 affidavits, as set forth in subsection (b)(2) of this section 81 shall also be filed with the administrator. 82 (d) Where the person claiming exemption conforms to the 83 standards and does not exceed the limitations contained in this 84 section, the line fee exemption shall be as shown in-the following 85 scheduie: 86 Total income, all sources Exemption 87 $ 00.00 to $ 11,000.00 100% 88 11,000.01 to i-2,090.06k 13,000.00 80% 89 13, 0.01 to 6,000.oo 60% 90 16,0-60.01 to 8,000.oo 40% 91 8 000.01 to oooo.00 20% 92 (e) If, within twelve (12) months after the line fee 93 exemption is obtained under this section, the applicant's 94 financial position should change, so that its effect would be to 95 remove the person holding the exemption from within the limits and 96 standards of this section, then the person holding the exemption 97 shall refund the amount of the exemption to the city. 98 (f) For purposes of this section, a person is 99 permanently and totally disabled if he is so certified as required 100 in subsection (b)(2) of this section and is found by the 101 administrator to be unable to engage in any substantial gainful 102 activity by reason of any medically determinable physical or 103 mental impairment or deformity which can be expected to result in 104 death or can be expected to last for the duration of such person's 105 life. 3 106 (g) Any person falsely claiming an exemption or 107 violating any provision of this section shall be guilty of a Class 108 1 misdemeanor. 109 Adopted by the CounCil of the City of Virginia Beach, 110 Virginia on the 22 day of January 1990. ill JAS/Ccm 112 01/08/90 113 01/18/90 114 CA-03600 115 \ordin\proposed\28-006.pro DEPARTt@.ENT APPROVED AS TO LEGAL &UFFICIENCY AND FORM 4 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTIONS 35-64 AND 35- 3 67 OF THE CODE OF THE CITY OF 4 VIRGINIA BEACH, VIRGINIA, 5 PERTAINING TO TAX EXEMPTION, 6 DEPERRAL OR FREEZE FOR ELDERLY 7 AND DISABLED PERSONS. 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 35-64 and 35-67 of the Code of the city of 11 Virginia Beach, Virginia, are hereby amended and reordained to 12 read as follows: 13 Section 35-64. General prerequisites to grant; effect of 14 residency in hospital, nursing home, etc. 15 (a) Either the exemption, deferral or freeze, but not 16 more than one, as provided for in this division shall be granted 17 to persons subject to the following provisions: 18 (1) The title to the property for which exemption, deferral or 19 freeze is claimed is held, or partially held, on June 20 thirtieth immediately preceding the taxable year, by the 21 person or persons claiming exemption, deferral or freeze and 22 is occupied as the sole dwelling of such person or persons. 23 (2) The head of the household occupying the dwelling and owning 24 title or partial title thereto or either spouse in a dwelling 25 jointly held by a husband and wife is either permanently and 26 totally disabled or is sixty-five (65) years of age or older 27 on June thirtieth of the year immediately preceding the 28 taxable year; provided however, that a dwelling jointly held 29 by a husband and wife may qualify if either spouse is over 30 Sixty-five (65) years of age on such date. 31 (3) The total combined income received from all sources during 32 the preceding calendar year by: (i) owners of the dwelling 33 who use it as their principal residence and (ii) owners' 34 relatives who live in the dwelling, shall not exceed 35 twenty thousand dollarg 00.00 i provided 36 that the first five thousand dollars ($5,000.00) of income of 37 each relative, other than a spouse of the owner, or owners, 38 who is living in the dwelling shall not be included in Such 39 total; and provided further that the first seven thousand 40 five hundred dollars ($7,500.00) or any portion thereof f 41 income received by a permanently and totally disabled owner 42 shall not be included in such total. 43 (4) The net combined financial worth, including equitable 44 interests, as of December thirty-first of the year 45 immediately preceding the taxable year, of the owners, and of 46 the spouse of any owner, excluding the value Of the dwelling 47 and the land, not exceeding one acre, upon which it is 48 situated, does not exceed fifty seventy thousand dollars 49 1 - 1000.00 50 (5) The dwelling is occupied. 51 (b) The fact that persons who are otherwise qualified 52 for tax exemption, deferral or freeze pursuant to this division 53 are residing in hospitals, nursing homes, convalescent homes or 54 other facilities for physical or mental care for extended periods 55 of time shall not be construed to mean that the real estate for 56 which tax exemption, deferral or freeze is sought does not 57 continue to be the sole dwelling of such persons during such 58 extended periods of other residence, so long as such real estate 59 is not used by or leased tc) others for consideration. 60 Section 35-67. Amount of exemption. 61 When a person claiming exemption under this division conforms 62 to the standards and does not exceed the limitations contained in 63 this division, the tax exemption shall be as shown on the 64 following schedule: 65 Total Income 66 All sources Tax Exemption 67 $ 00. to $ ii,ooo.oo 100% 68 11,000.01 to 13,000.00 80% 69 13,000.01 tO 6,000.00 60% 70 6,000.01 to 81000.00 40% 71 81000-01 to 01000-00 20% 72 No lien shall accrue as a result of the amount certified as 73 exempt. 2 74 Adopted by the Council of the City of Virginia Beach, 75 Virginia on the 22 day of 1990. 76 JAS/ccm 77 01/08/90 78 01/18/90 79 CA-03601 80 \ordin\proposed\35-64et.pro APPROVI'D A-- 7- SUFFICIENCY A@,@D CITY-ATTO,@ 3 I AN ORDINANCE TO AMEND AND 2 REORDAIN SECTION 37-10 OF THE 3 CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 WATER SUPPLY. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 37-10 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: 10 Section 37-10. Recovery fee exemptions--For certain elderly 11 and handicapped persons. 12 (a) Exemption or partial exemption from payment of the 13 recovery fees prescribed by section 37-7.1 is provided for certain 14 property owners who qualify under this section. The exemption is 15 to be administered bY the city manager or his authorized designee, 16 herein referred to as the administrator. The administrator is 17 hereby authorized and empowered to prescribe, adopt and enforce 18 such rules and regulations, including the requirement of answers 19 under oath, as may be reasonably necessary to determine 20 qualifications for exemption. The administrator may require the 21 production of certified tax retur,s and appraisal reports to 22 establish income and financial worth. 23 (b) Exemptions shall be granted under this section 24 subject to the following provisions: 25 (1) Title to the property for which the recovery fee exemption 26 is sought must be held or partially held by the applicant at 27 least one hundred and twenty (120) days prior to the 28 installation or scheduled date of installation, whichever 29 comes first, of the water line. 30 (2) The owner of the title or partial title must be sixty-five 31 (65) years of age or older at least one hundred and twenty 32 (120) days prior to the installation or scheduled 33 installation date, whichever comes first, of the water line. 34 If such person is under sixty-five (65) years of age, he or 3 5 she shall possess a certification by the social security 36 administration, the veterans administration, or the railroad 37 retirement board, or if such person is not eligible for 38 certification by any of these agencies, a sworn affidavit by 39 two (2) medical doctors licensed to practice medicine in the 40 corftmonwealth, to the effect that such person is permanently 41 and totally disabled, as defined in subsection (f) of this 42 section. The affidavit of at least one of such doctors shall 43 be based upon a physical examination of such person by such 44 doctor. The affidavit of one of such doctors may be based 45 upon medical information contained in the records of the 46 civil service commission which is relevant to the standards 47 for determining permanent and total disability as defined in 48 subsection (f) of this section. Such medical affidavits 49 shall be filed with the administrator at such time as the 50 applicant files a water line fee exemption affidavit. 51 (3) The dwelling to be connected to the water line must be the 52 sole dwelling of the applicant claiming exemption. 53 (4) The total combined income during the immediately preceding 54 calendar year from all sources of the owners of the dwelling 55 living therein and of the owner's relatives living in the 56 dwelling does not exceed twenty thousand dollars 57 000.00 provided that the first five 58 thousand dollars ($5,000.00) of income of each relative, 59 other than spouse or spouses of the owner or owners living in 60 the dwelling shall not be included in such total; and 61 provided further that the first seven thousand five hundred 62 dollars ($7,500.00) or any portion thereof of income received 63 by a permanently and totally disabled owner shall not be 64 included in such total . 65 (5) The net combined financial worth of the owner shall not 66 exceed sevent thousand dollars I - 67 1000-00 , excluding the fair market value of the house to 68 be connected to the water line. Net combined financial worth 2 6 9 shall include the value of all assets, including equitable 70 interests, of the owner and of the spouse of the owner. 71 (c) Persons applying for recovery fee exemption under 72 this section must file with the administrator a recovery fee 73 exemption affidavit setting forth, in a manner prescribed by the 74 administrator, the location and val,e of the property to be 75 connected to the water line, the names of the persons related to 76 the owner and occupying the dwelling, their gross combined income 77 and their net combined financial worth. If such applicant is 78 under sixty-five (65) years of age, medical certification or 79 affidavits, as set forth in subsection (b)(2) of this section 80 shall also be filed with the administrator. 81 (d) Where the person claiming exemption conforms to the 82 standards and does not exceed the limitations contained in this 83 section, the recovery fee exemption shall be as shown in the 84 following schedule: 85 Total income, all sources Exemption 86 00-00 to $ - ii,ooo.oo 100% 87 - 11,000-01 tO 13,000.00 80% 88 . 3,000.01 to 6,000.00 60% 89 . 6,000.01 to 8,000.00 4 0 % 90 - 8,000.01 to 0,000.00 20% 91 (e) If, within twelve (12) months after the recovery 92 fee exemption is obtained under this section, the applicant's 93 financial position should change so that its effect would be to 94 remove the person holding the exemption from within the limits 95 and standards of this section, then the person holding the 96 exemption shall refund the amount of the exemption to the city. 97 (f) For purposes of this section, a person is 98 permanently and totally disabled if he is so certified as required 99 in subsection (b)(2) of this section and is found by the 100 administrator to be unable to engage in any substantial gainful 101 activity by reason of any medically determinable physical or 102 mental impairment or deformity which can be expected to result in 103 death or can be expected to last for the duration of such 104 person's life. 3 1 0 5 (g) Any person falsely claiming an exemption or 1 0 6 violating any provision of this section shall be guilty of a 107 Class I misdemeanor. 108 Adopted by the Co,ncil of the City If Virginia Beach, 109 Virginia on the 22 day of January 1990. 110 JAS/ccrn ill 01/08/9 0 112 01/18/9 0 113 CA-03602 114 \ordin\proposed\37-010.pro DEP APPROVED AS TO LEGAL ,SUFFICIENCY AND FORM CITY ATTORN 4 Item V-G.2.a. CONSENT AGENDA ITEM 32290 Attorney Pamela Piscateli, Esquire Kaufman and Canoles, P.O. Box 3037, Norfolk, Va. 23514, Phone: 624-3313, represented the applicant and advised Viewers are requested to be appointed to view a portion of an alley between two lots along Lockheed Avenue, south of Block 15 in Croatan Beach and a portion of an alley in Block 23 between Lots 8 and 24 rather than Lockheed Avenue itself. Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance Appointing Viewers in the petition of the Estate of Amelia G. McLean for the closure of a portion of Lockheed Avenue (LYNNHAVEN BOROUGH) The Viewers are: David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott, Jr. Director of Planning Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE APPOINTING VIEWERS WHEREAS, The Estate of Amelia G. McLean has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 22nd day of January, 1990, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described propertv and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontin,- ance of the hereinafter described portion of those certain alleys, 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 Scott and David Grochmal 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 portions of those alleys located in the City of Virginia Beach, Virginia, and more particularly described as follows: Portion 1: Beginning at a point at the northeast intersection of Atlantic Avenue and Croatan Road; thence, N04114'15"W 350.00' along the eastern right-of-way line of Atlantic Avenue; thence, leaving the eastern right-of-way line of Atlantic Avenue N85-45-45"E 100.001 to the True Point of Beginning; thence, N04114115"W 250.001 to a point; thence, N85145'45"E 15.00' to a point; thence, S04114115"E 250.00' to a point; thence, S85145'45"W 15.00' to the True Point of Beginning. As shown upon that certain plat entitled "Plat Showing Closure of Public Right-of-Way Being an Alley through Block 23 Subdivision of Croatan Beach M.B. 24, PG. 37 Lynnhaven Borough Virginia Beach, Virginia," made by Harry L. Solomon, Jr. land surveyor, dated October 31, 1989, which plat is attached hereto as Exhibit A and made a part hereof and is intended to be recorded with the Ordinance Closing the aforesaid described alley. Portion 2: Beginning at a point at the southeast intersection of Atlantic Avenue and Lockheed Avenue; thence, N85@45'45"E 100.00' along the southern right-of-way line of Lockheed Avenue to the True Point of Beginning; thence, S04*14'15"E 50.00' to a point; thence, N85145145"E 15.00' to a point; thence, N0411411511W 50.001 to a point on the southern right-of-way line of Lockheed Avenue; thence, S85'45'45"W 15.001 along the southern right-of-wav line of Lockheed Avenue to the True Point of Beginning. As shown upon that certain plat entitled "Plat Showing Closure of Public Right-of-Way Being an Alley Between Two Lots Along Lockheed Avenue South of Block 15 Subdivision of Croatan Beach M.B. 24, PG. 37 Lynnhaven Borough Virginia Beach, Virginia" made by Harry L. Solomon, Jr. land surveyor, dated October 31, 1989, which plat is attached hereto as Exhibit B and made a part hereof and is intended to be recorded with the Ordinance Closing the afore-described alley. Adopted: Janaury 22, 1990 2 .@40TES EXHIBIT A 1. THIS PLAT WAS COMPILED FROM PLATS 8 DEEDS OF RECORD AND DOES NOT REFLECT A CURRENT FIELD SURVEY. 2.-' THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND 3. @ DENOTES LOT NUMIBERS @ I)ENOTES BLOCK NUMBER cr UJ t- @ K) uio ,Q. F- TWILIGHT LANE FORMERLY ELM. AVENUE) ui V- (r C\j (STREET CLOSED) ui N/F AMELIA G. McLEAN -0 8 D.B.2578, PG.1563 0 GPIN NO. 2426-39-6865 LO N 85145'45'E 215.00' 100.00' -i -o (@ -o 0 GPIN NO. C? 8 GPIN NO 8 9 2426-39-6860 u@) 0 2426- 39-7883 0 U') tn ioo.oo' loo. 00' Lo c; @ 0 0 -o 0 0 0 0 0 OD GPIN NG 0 GPIN NO. 8 .0 0 0 '-2426-39-6734 U-) 0 10 2426-39-7747 d LO In Ln U) C\i N (M > ai ioooo' k I Cli ioo.oo' z LLJ z @ w to < CO z m u (D LLI (DZ 4 0 z @< ' w 11/2 -i (D K) Lii IT L) I2 -i 0 m cli u -.n -8 LLJ -8 b C\j C\i 0 C\i ui 't 0 Z a4 cli Lo < LO -j < w w U) z -2----Z z < z- U. u] z z loooo' loooo' S 85'45'45'W \ 215-00' N/F m: \ HELEN LEIMBACH ui (r 12 @CF S 10- -j 'B@02340, ZM <'cts ou N/F C\j 1561 HELEN LEIMBACH ulai -6 FOOS \2TOTAL RIGHT-OF-WAY TO BE 8 0 .SS D.B. 2340, PG. 1561 VACATED AREA= 3750 SQ.FT Oo< OR 0.086 ACRE.( ALLEY) U) 0 K) ri a:i PLAT SHOWING CLOSURE OF PUBLIC RIGHT- OF-WAY BEING AN ALLEY THROUGH BLOCK 23 SUBDIVISION OF CROATAN BEACH M. 13. 2 4. PG. 3 7 LYNNHAVEN BOROUGH 'VIRGINIABEACH,\ARGINIA Langley and McDonald A PROFESSIO@ CORPORATION ENGINEERS-PLANNERS-SURVEYORS VIRGINIA BEACH- WILLIAMSBURG, VIRGINIA IDWN-1 NNO CHK D- SGB SHEET, I OF- I SCALE: l' = 50' PROJ, NO.: 89 134 DATE: 10 NOTES EXHIBIT f3 1. THIS PLAT WAS COMPILED FROM PLATS EEDS OF RECORD AND DOES NOT REFL tT A CURRENT FIELD SURVEY. a D E 2. THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND ATLANTIC AVENUE (50'R.O.W) FORMERLY CHAUTAUQUA AVE. M.B. 24, PG.37 N 04' 14'15'W 50.00' REFERENCE MERtoiAN, PG. L iE G PI N NO. wz 2 o 2426- 47-1486 N/F LL!l AMELIA G. -o U. 0 LIZ McLEAN " z z Ct) w Da 2578,' PG.1563 0 w a. a. w 0 TRUE POINT OF 0 BEGINNING Lr) -o - cli U) ui CIJI n Ll N@ Z OD ui U.) to C\i a. TOTAL RIGHT- OF- WAY TO BE VACATED. AREA- 750 S W Z 0 0 O.Fi. V-N 01 @'T OR 0.017 ACRE. (ALLEY)@ C\j z za. aJC6 W1: - U) cts C\i GPIN NO. ui ad 2426-47-2498 N/F AMELIA G. W 2 MCLEAN U) w Ct OD D.S. 2578, PG 1563 co LO. d, z 10 0 50.00' E ATLANTIC OCEAN M.B. 24, PG.37. PLAT SHOWING CLOSURE OF PLIBLIC RIGHT- OF-WAY BEING AN ALLEY BETWEEN TWO LDTS ALONG LOCKHEED AVENUE SOUTH CF BLLOCK 15 SUBDIVISION OF CROATAN BEACH M. B. 24, PG. 37 LYNNHAVEN BORO(JGH MRGINIA BEACH, VIRGINIA. LongleY and McDonald A PROFESSIO@ CORPORATION ENGINEERS - PLANNERS- SURVEYORS VIRGINIA BEACH- W -LIAMSBURG. VIRGINIA N N D CHK D, S G e SHEET- I OF, SCALE: i' z 30, NO.: B9 134 DATE-. 10 State of Virginia AFFIDAVIT City of Norf(51k This day - Edith W@i,p, personally appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit -lerk of Va. Pilot/Ledger Star a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesopecke, SLiffolk and Virginia Beach, State of Virginia; @2@ That the advertisement hereto annexed of St. Closing has been published in said newspaper on t!ie following dates: 12/24, 31 19 89 Affiant Subscribed and sworn to before me in my city and state aforesaid this 5th day of January 19 90-- My commission expires 1-n 1 9 Notary Public P.@i.n 1: n. L.k L.k c@ ES'tATC OF AMELIA G. MCL@.N 8, J. Pi@C.t.11, @ C..@.1 P.@ K p N KAUFMAN F6 CANOLES ATTORNEYS AND COUNSELORS AT LAW 'A. fS.@) T .@.TT I-.Y T.@A..L@,l@. @A.L .... .. A@ ........ TI ... IA. IA.- I @.@@AT@ll. @-I T.: Norfolk Office @l@.A@. All .1@@@T IAL -.1 .. .@@.A@.1 (8 04) 6 2 4 - 3 3 1 3 T. .-.T.. .A@.@@A Al@ .@.1 @.T @.@.T.@.A@ T@l.@. December 12, 1989 City of Virginia Beach Department of Planning Operations Building, Room 115 2405 Courthouse Drive Virginia Beach, Virginia 23456-9002 CERTIFICATE OF VESTING OF TITLE I, Pamela J. Piscatelli, attorney for the Estate of Amelia G. McLean, do hereby certify that: 1. I am an attorney at law and represent the Estate of Amelia G. McLean, the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then full title to said property will vest in the Estate of Amelia G. McI,ean, the adjacent landowner. The said property referred to herein is hereby describe(I as follows: PORTION 1: Beginninq at a point at the northeast intersection of Atlantic Avenue and Croatan Road; thence, N04*14'15"W 350.00' along the eastern right- of-way line of Atlantic Avenue; thence, leavinq the eastern right-of-way line of Atlantic Avenue N85*45'45"E 100.002 to the True Point of Beginning; thence, N04'14'15"W 250.00' to a point; thence, N85@45'45"E 15.00' to a point; thence, S04@14'15"E 250.00' to a Page 2 point; thence, S85@45'45"W 15.00' to the True Point of Beginning. PORTION 2: Beqinning at a point at the southeast intersection of Atlantic Avenue and Lockheed Avenue; thence, N85145145"E 100.00' along the southern right- of-way line of Lockheed Avenue to the True Point of Beginning; thence, S04@14'15"E 50.00' to a point; thence, N85145145"E 15.00' to a point; thence, N04'14'15"W 50.00' to a point on the southern right- of-way line of Lockheed Avenue to the True Point of Beginning. P-amela @S catelli ORDINANCE NO. IN THE MATTER OF CI,OSING, VACATING AND DISCONTINUING PORTIONS OF TWO ALLEYS, ONE BEING A PORTION OF THE ALLEY RUNNING THROUGH BLOCK 23 IN CROATAN BEACH, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING CLOSURE OF PUBLIC RIGHT-OF-WAY BEING AN ALLEY TIIROUGH BLOCK 23 SUBDIVISION OF CROATAN BEACH M.B. 24, PG. 37 LYNNHAVEN BOROUGli VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS ATTACHED HERETO AS EXHIBIT A AND THE OTHER BEING TIIE ALL.EY BETWEEN THE TWO LOTS ALONG LOCKHEED AVENUE SOUTH OF BLOCK 15 IN CROATAN BEACH, AS SHOWN UPON THAT CERTAIN PLAT ENTITI,ED "PLAT SHOWING CLOSURE OF PUBLIC RIGHT- OF-WAY BEING AN ALLEY BETWEEN TWO LOTS ALONG LOCKHEED AVENUE SOUTH OF BLOCK 15 SUBDIVISION OF CROATAN BEACH M.B. 24, PG. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA,,, WHICH PLAT IS ATTACHED HERETO AS EXHIBIT B. WHEREAS, it appearinq by affidavit that proper notice has been given by The Estate of Amelia G. McLean, that they would make application to the Council of the City of Virqinia Beach, Virginia, on 19-, to have the hereinaf- ter described alleys discontiniied, closed, and vacated; and WHEREAS, it is the judgment of the Council that said alleys 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 alleys be discontinued, closed, and vacated: Portion 1: Beginninq at a point at the northeast intersection of Atlantic Avenue and Croatan Road; thence, N04@14'15"W 350.00' along the eastern right-of-wav line of Atlantic Avenue; thence, leaving the eastern right-of-way line of Atlantic Avenue N85145145"E 100.00' to the True Point of Beginning; thence, N04'14115"W 250.00' to a point; thence, N85145145"E 15.00' to a point; thence, S04*14'15"E GPIN # Portion 1: 2426-39-6865 2426-39-7883 2426-39-6684 2426-39-6860 2426-39-7747 2426-39-6734 2426-39-7697 Portion 2: 2426-39-1486 2426-47-2498 IS, 250.00' to a point; thence, S85145145"W 15.001 to the True Point of Beqinning. Said parcel of land designated as "Total Right-of-Way to b6 Vacated Area = 3,750 Sq. Ft. or 0.086 Acre (Alley)," as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. Portion 2: Beginning at a point at the southeast intersection of Atlantic Avenue and Lockheed Avenue; thence, N85145145"E 100.00' along the southern right-of-wav line of Lockheed Avenue to the True Point of Beginning; thence, S04114115"E 50.00' to a point; thence, N85145145"E 15.00' to a point; thence, N04@14'15"W 50.00' to a point on the southern right-of-way line of Lockheed Avenue; thence, S85'45'45"W 15.001 along the southern right-of-way line of Lockheed Aveniie to the True Point of Beginning. Said parcel of land designated as "Total Right--of-Way to be Vacated Area = 750 Sq. Ft. or 0.017 Acre (Alley)," as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's 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. Adopted: 2 NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City 6f Virginia Beach, Virginia, to be held on Ithe 22nd day of January, 1990, at 6:00 pim., at the City Hall of the City of Virginia Beach, at Princess Anne, the undersigned will petition the Council for the appointment of viewers to view the below-described portions of those certain alleys and report to the City Council whether in the opinioh of the Viewers, what, if any, inconvenience would result from the vacating closing and discontinuance of same, the 8aid, portions of said alleys being described as follows: Portion 1: Beginning at a point a@ the northeast intersection of Atlantic Avenue and Croatan Road; thence, N04114'15"W 350.00' along the eastern right-of-way line of Atlantic Avenue; thence, leaving the eastern right-of-way line of Atlantic Avenue N85145145"E 100.001 to the True Point of Beginning; thence, N04'14'15"W 250.001 to a point; thence N85145145"E 15.001 to a point; thence, S04114115"E 250.001 to a point; thence, S85145'45"W 15.001 to the True Point of Beginhing as shown upon that certain plat entitled "Plat Showing Closure of Public Right-of-Way Being an Alley through Block 23 Subdivision of Croatan Beach M.B. 24, PG. 37 Lynnhaven Borough Virginia Beach, Virginia," made by Harry L. Solomon, Jr., land surveyor, dated October 31, 1989. Portion I.: Beginning at a point at the southeast intersection of Atlantic Avenue and Lockheed Avenue; thence, N85145145"E 100.00' along the southern right-of-wav line of Lockheed Avenue to the True Point of Beginning; thence S04@14115"E 50.00' to a point; thence, N85145145"E 15.00, to a point; thence, N04114115"TI 50.001 to a point on the southern right-of-way line of Lockheed Avenue; thence, S85145145"W 15.001 along the southern right-of-wav line of Lockheed Avenue to the True Point of Beginning as shown upon that certain plat entitled "Plat Showing Closure of Public Right-of-Way Being an Alley Between Two Lots Along Lockheed Avenue South of Block 15 Subdivision of Croatan Beach M.B. 24, PG. 37 Lynnhaven Borough Virginia Beach, Virginia," made by Harry L. Solomon, Jr., land survey- or, dated October 31, 1989. At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon th ereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of those alleys in the City of Virginia Beach, Virginia, described above. ESTATE OF AMELIA G. MCLEAN By: Of CVns(ir Pamela J. Piscatelli KAUFMAN & CANOLES, P.C. P. 0. BOX 3037 Norfolk, Virginia 23514 2 AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF NORFOLK, to-wit: I, Pamela J. Piscatelli, attorney for the Estate of Amelia G. McLean, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent the Estate of Arnelia G. McLean. 2. That I have requested that on the @,4th day of December, 1989, and on the 31st day of December, 1989, notice of the presenting of the application to close portions of that certain alley running through Block 23 of Croatan Beach between lots 8 and 20, 9 and 21, 10 and 22, 11 and 23, and 12 and 24 and that alley between two lots along Lockheed Avenue, south of Block 15 in Croatan Beacb, on behalf of the Estate of Amelia G. Mci.ean, be published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. PAmela i iscatelli Subscribed and sworn to before me this litf@day of @@1/244, IgVq Notary Public my commission expires: VIKOACL 31i 1 q9,3 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTIONS OF TWO ALLEYS, ONE BEING A PORTION OF THE ALLEY RUNNING THROUGH BLOCK 23 IN CROATAN BEACH, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING CLOSURE OF PUBLIC RIGHT-OF-WAY BEING AN ALLEY THROUGH BLOCK 23 SUBDIVISION OF CROATAN BEACH M.B. 24, PG. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS ATTACHED HERETO AS EXHIBIT A AND THE OTHER BEING THE ALLEY BETWEEN THE TWO LOTS ALONG LOCKHEED AVENUE SOUTH OF BLOCK 15 IN CROATAN BEACH, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING CLOSURE OF PUBLIC RIGHT- OF-WAY BEING AN ALLEY BETWEEN TWO LOTS ALONG LOCKHEED AVENUE SOUTH OF BLOCK 15 SUBDIVISION OF CROATAN BEACH M.B. 24, PG. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA,,, WHICH PLAT IS ATTACHED HERETO AS EXHIBIT B. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, the Estate of Amelia G. McLean, respect- fully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virqinia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of portions of those certain alleys, which are more specifical- ly described as follows: Portion 1: Beginning at a point at the northeast intersection of Atlantic Avenue and Croatan Road; thence, N04@14'15"W 350.00' along the eastern right-of-way line of Atlantic Avenue; thence, leaving the eastern right-of-way line of Atlantic Avenue N85@45'45"E 100.001 to the True Point of Beginning; thence, N04@14'15"W 250.00' to a point; thence, N85145145"E 15.001 to a point; thence, S04114'15"E 250.00' to a point; thence, S85@45'45"W 15.001 to the True Point of Beginning As shown upon that certain plat entitled "Plat Showing Closure of Public Right-of-Way Being an Alley throuqh Block 23 Subdivision of Croatan Beach M.B. 24, PG. 37 Lynnhaven Borough Virqinia Beach, Virginia," made by Harry L. Solomon, Jr. land surveyor, dated October 31, 1989, which plat is attached hereto as Exhibit A and made a part hereof and is intended to be recorded with the ordinance Closinq the aforesaid described alley. Portion 2: Beginning at a point at the southeast intersection of Atlantic Avenue and Lockheed Avenue; thence, N85@45'45"E 100.001 along the southern right-of-way line of Lockheed Avenue to the True Point of Beginning; thence, S04114'15"E 50.00' to a point; thence, N85*45'45"E 15.001 to a point; thence, N0411411511W 50.001 to a point on the southern right-of-way line of Lockheed Avenue; thence, S85@45'45"W 15.001 along the southern right- of-way line of Lockheed Avenue to the True Point of Beqinning. As shown upon that certain plat entitled "Plat Showing Closure of Public Right-of-Way Being an Alley Between Two Lots Along Lockheed Avenue South of Block 15 Subdivision of Croatan Beach M.B. 24, PG. 37 Lynnhaven Borough Virginia Beach, Virginia" made by Harry L. Solomon, Jr. land surveyor, dated October 31, 1989, which plat is attached hereto as Exhibit B and made a part hereof and is intended to be recorded with the ordinance Closing the afore-described alley. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said alleys; and the Petitioner pravs that this Honorable Council appoint viewers as provided by law to view said platted alleys proposed to be closed and to report in writing to the Council on or before the day of 1 19-, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of these portions of said alleys, as herein reported and described. 2 ------ -- ---- ESTATE OF AMELIA G. MCLEAN Closure of alley Lynnhaven Bo-ugh 3. That on the 24th day of December, 1989 and on the 31st day of December, 1989, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owner of all land along and adjacent to and affected by said portions of the platted alleys is the Petitioner herein, the Estate of Amelia G. McLean. Respectfully submitted, THE ESTATE OF AMELIA G. McLEAN B Or Counsel Pamela J. Piscatelli KAUFMAN & CANOLES, P.C. P. 0. Box 3037 Norfolk, VA 23514 3 ESTATE OF AMELIA G. MCLEAN Closure of alley Lynnhaven Bo-ugh ESTAT'E OF AMELIA G. Closure of alley Lynnhaven Borough - 19 - Item V-G.2.b. CONSENT AGENDA ITEM # 32291 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance Appointing Viewers in the petition of Central Fidelity Bank for the closure of a portion of Cleveland Street (BAYSIDE BOROUGH) The Viewers are: David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott, Jr. Director of Planning Councilman Moss requested the City Staff contact the Central Business Commission to investigate how the potential right-of-way may have any influence on ultimate development in the Central Business District. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms Council Members Absent: None Councilman Sessoms ABSTAINED as he is an Officer with Central Fidelity Bank. AFFIDAVIT .State of Virgin@c, to @it City of Norfolk Chris solano personally This day th that: appeared before me and fter being duly sworn made oa virc inian PilO qer-Star (i) (He) (She) @, Clffidav't clerk of the cities of Norfolk, Portsmouth, ci news'pciper published by Landmark commun@cations, Inc., In Chesapeake, S,,ffolk anci Virginia Becch, State of Virginia; d of lished in scid (2) Th.t the ,ci@ertisement heret, cinnexe bs been pub iow,n? Icle,,.l --- 19 9Q-- newspa r, 'e fo' I 989, JaniL.@ per 0 8 -- ber 2 Affiant city and stote ct,,ros-id this Skibscribed oi,d wc,,n to before me in my 199z- day of My c.mmission e>,ptres 0 199 19 tary Public clmi5fion P;r. PLEASE T@KE NOTICE, th., .1 iN t@. cit, C.@li, .1 @.@h, llr h@l@ Ih@ Cil@ ..I, cil, @ill tit I,,-@ @i@. Ih@ W-d.- str@t .. r@.@ 1. 1. Cit@ C.'@il @.1h,r, in lh.f ,@@ Vi-r@, h.l. il ..,, i.... @eni. '@. ..Id r@.11 I.m th@ l,n., cl.in@ @h@ di...Ii..- f .., t@. .!df .id .1-t @i. d..riw f.ll-: All t.1 @i.. r rc@t f th, C,""V"""' Bc' "'t, V, """, d,- '-,O " "It CI..d I -1 rd. .r .1 T@,'d r." .. ... @@@ i@ i@ . -I.riy dir-i.@, -@ . di..@c. .1 @ f.t, @bi@h .1-1 i, -@ n th.t c@l.i@ @l.t f S.@., Br.@, @hi@h @1.1 i@ -.rd@ i@ 1. C;.,@'.Offic.dth.Ci,@.ilC.d .fIh.Cil,.fVi@i@i. B.@h,@Ir i. M@@ -@ @, .1 .. MI; .hic@ @1-1 i, .1. -@ .@ Ih.1 @1.1 @ntitl. C.I.@W@ C@@., l.r Vi,.ini. SI.t. S.@'i., pl.@." @l.rk', Ofi,. i@ @@ @k I., t @,.t @@liti.d "E.hibit f.r St-t Cl..,. f .. Cl.v@l.nd Stl.l" W, b, E..i- @.,i. @,ic.@, Ci@ll En@i- ,.ri. .@ L.. S.I.Yi. @.1 0 S@.,@'.'5, 1989. Al @.1 li.@, @@.nl hi@ .1@r Ih. ..O M t@. vi.-,@ i@ r@,iV:d, t -.1., C.@t, r -Il.r t,. cit, C..ii LAW OFFICES CATON & KOCH, P.C. P. o@ BOX 6 VIR.(71NIA BEACH. VIPCINIA 23458 ED\VARD T. CATON 25-8 -kEA CODE 8C,@ BAP,i;LY @'qD'DLPH KOCH RICHAP,D \V- @ITTEMOPE -.138, January 12, 1990 JA@l I 6 Iq . 90 Mr. David S. Hay, Esquire 0 17- LA V%l Deputy City Attorney City Hall Virginia Beach, Virginia 23456 RE: Your File: CA 89-3588 Proposed Closure of Cleveland Street by Central Fidelity Bank - Virginia Beach Dear Mr. Hay: This will certify that it is my opinion that equity title t, the Street will vest in Central Fidelity Bank upon the closure of the Street since is it the contract equity owner of the fee simple interest in the underlying real estate. I trust that this will satisfy your instruction of January 10, 1990. We will Proceed to obtain the GPIN # and an accurate complete metes and bound, description. If there is anything further we n,ed to do, please let us hear fr 0 you Cordial Edward T. Caton ETC/db cc: Ms. Karen Lasley, Planning Department A P P 0 I N T - T" WHEREAS, Cen@ural Fi,3el4-ty Banl,@ has c-@@-ven due ar-d proper notice, in accordance with the statu-@es for such cases made and provided tliat they will on the day of 1989 app"y "o the City Council of the C@-ty of Virginia !3each, Virg,'-nia, for the appointme.,it o@, Vi'-ewers to view the below- described Proper@ly and renor" in wri-ti-ng to tlie Couicil whethe--, in @'he opirion of said Vi-ewers, on,7, F-nd if any, what inconvenience would restil-@@ from the discontinuan--e of the herei-nafter descfi,,)ed portion of c_-rl-a4n street, and has @@@-led guch appl-'Icat-'@on wi@@h said Ccuicii. NO'4, THEREFORE, be it ORDA--,'IED by the of tlje City -,f Virgi.-.i-a '2e@)-ch, Virginia: T'IA-: C. Ora-i Lanibert, Jr. Robert Sco-It a-d David Grochmal i r e hereby appointed to v-@,@--w below &escri'@ed pro@erl-y and repor@ in writing to the Cour,,cil, as soon as Lossible, whether in th--4-.,- res l@ 4 opin4o.n, any, and @-f ariy, wha" inconveni-erce wculd .- u - In the di-scon"inuing and vacating of a portion of that ce-ta@n street located in the City of Virginia Beach, Virgi-nia, and more parti-cularly described as fo'l',ows: All that cr-,rtain piece or parcel o@ land, si-tuate, lying and being in the City of Virgi@nia Beach, State of Vi-rgir.ia, des4@gnated as that port; on o4@: Cleveland Stre-et fronting 50 feet on the western side of 'Independeice Boulevard, @lorqerly Thi-rd S'@@rc@et, and run-,,-iing back in a westerlv @irecLio-q, be'-Iween l-,,.ra-@ lel a di-stf@ice of 225 @-eet, which st.-ee@@ 4's showr- on that certain pla'@- of Sunry Brook, which plat is --ecoreed in the Office of th,-- Circu@-'@ Coul-t of '@he C-,,.@-y of V4rc@ir-ia Beach, Virginia, -i-ii Ma'D Bo,)k 5, at page 201 '; wh4 ch stree t 4 s also s-own on @@,la@ cortain pla@@ en-@i@@lect "SuL,div-'@sion of Co-@um3Dus Centei @or 1,7irginia St,@',-.e Shopp4-ng Plazas, Inc.", which plat i-s recordc-d 4 n said. clerk's office in Map Boo!, 144, il. Lage 15; Al'@ tiie above as shown upon '-Iha@@ ce,-ta'@n plat ei,.Ilitled, N & KOCII, P.C I "Exhibi@, for Street -Ilosure of a r-ortion of Cle,,la,d Streel--", which plat is attached Iiereto and nade a part hereof and intended to be recorded with the ordinance clo@,ing the aforedescribed street. Adopted: januar NOTICE PLEASE TAKE NOTICE, that a@@ the meeting of the City Council of the City of Vi@ginia Beach, Virg@-ria, to be held on the 22nd 90 day of January 19WK at 6:oo p.m. at the City Hall of the Ci@ly of Virgiri-a Beach, Princess Anne Borough, Municipal Center, @@he undersi-gned will peti-tioi the Council for the appointment of V@-ewers to view "he below-described po-tion of Cleveland Street and ret)ort to t.'ie C, 'Y Council whel@her, in the op@-nion of the Viewers, what, i'@ any, iico@,ivenience ,:ould result from the vaca@@i-@c,, closi.,ig and discon'@inuance of same, the said portion of sa4-d street be@-Pg descr@-bed as @-ollows: All @lhat certain p4-ece cr parcel of land, si@uate, lying and be4-ng ii the City of Virginia Beach, State of Virg4-nia, designated as that portion o4-7 Clevelaid S@@-,eet fronting 50 feet on the western s4-de of indeTDendence Boulevard, forme.-ly Th4@rd Street, and running back in a westerly direction, between parallel lines, a d@stance of 2-45 feet, which street i-@ shown on t;iat certain plat of Sunny Brook, which plat is recorded in the Clerk's office of the C'@rcui-+. Court cf tie City of Vi- ' .ginia Beach, Virginia, in Map Book 3, at page 201; which s@lreet is also shown on that cer@@ai-n pla, entitled "Subdivis@-on o@, Columbus Center fcr Virginia State Shopping Plazas, Inc.", which plat is recorded in said clerk's of@@ice in Map Book 144, at page 15; A'l the above, as shown upon that certain plat entitled "Exhibit for Street Closure of a portion of Cleveland Street" made by Engineeririg Services, Inc., civil Engineeri-@ig and Land Surveying dated September 5, 1989. At @@hat time, anyone affected may appear and preseiit his views. After the repor@, of i--he V4ewerS 4S rece@ved, at the next regular meetirg of the City Council, or as soon thereafter as the matter may he placed on the ageida, the undersigned will Petition '@he City Counci-I to vacato, close and d-'@scon@linue that portion of Cleveland Street in the City of Virginia Beach, Virginia, as described above. N & KOCH, P.C. I CENTRAL FIDELI-Y BANK By counsel E.T. Caton Caton & Koch, P.C. 2508 Paci-@4-c 'e@venue P.O. Box 6 Virginia Beach, Virgini-a 234-18 (804) 4"8-4681 I IN THE MATTER OF CLOSING, VACATT@NG AND DISCONTINUING A PORTION OF -@HAT CERTAIN STREE-1, KNOWN AS CLEVELAND STREET, AS SHOWN U20N THAT CERTAIN PLAT ENTITLED "EXHIBIT FOR STREET CLOSURE OF A PORTION OF CLEVELAND S-REET", WIIICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR A!iD THE, MEMBERS DF T@iE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIN@@A Your Pet4-tione--, Centrai F@delil@y Bank, respect@lully represen"s as 4,ollows: 1. That pursuant to th e pro-,,is,.ons of Section 15.1-364 of the Code ol@ Virgi-nia, as amended, tie Petit4oner applies for the vacating, closing and discontinuance of a port4 on of tha'@ certain st.-eet, wh-'Ich is more specifically described as foliows: All that certain piece or parcel of land, situate, ly-',ng and being in the city ol@ Virgini-a Beach, Stal@e of Vi-rginia, designated as that portion of @l.evelar,-d Stree'@ fronting 50 feet on the w-stern side o@ Independence Boulevard, formerly Th@.rd Streel-, and runn@ng back in a westerly direc@@ion, bet,,,een parallel l-@i:,,es, a distance of 225 feet, which street is shown on. '@hat certai-n plat of Sunny Brook, which pla@, is recorded in the Clerk's Office of the Ci-rcuit Court of the C4ty of Virginia Beach, Virg@-nia, in Map Book 5, at page 201; which street is also shown on that certain plat enti@@led "Subdivision of Columb,,zs Cent,@r for Virginia Sta@e Shopping Plazas, Inc.", whicla plat is recorded @-,i said clerk's office in Map Bool@ 3-44, a,-, pagc, 15; Said parcel of land be-@Ing a nor@@i-on of Cleveland Street, as indicated on that cer@lain plat entitled "Exhibi@ for Street Closure of a Portion of Cleveland S',,-eet", which plat is attached hereto and made a part hereof aid intended to be recorded with @'he ordinance closing the aforedesc r4 bed streE,-t. 2. Tha',- no inconven-@ence will result to any persons by reason of said clos@-,.g, liacat4-.o@@, and discontinua-,ice of said stree@l; and the Petitioner prays ti,-at this Honorable Council appoiii@, v@'@--wers as prov-;-ded by law to view said platted s-li:eet N & KOCH, P.C. proposed to be c'.osed and "o repor,@@ in ,qrill-ing to the Council on or before the Cay of 1 19 as to whether ir, the opinion of said V-;-ewers, @hat inconvenience, if aly, would result from the discon@@-'@nuance and closing o@ @'his portion of said street, as herein reported and (aescribej,. 3. That on the r3@@y o@- 19 and on the day of 1 19 notice of the Dresenting of this applicat4-on was publishp-d @-n @@he Beacon, a newspape@- of general c@-rculation in thc- C4,t@, o@ Vi-@--gi-n4-a Beach, V-@-rginia. 4. That the fee simple owners cf all '4and along and ad-,;acent to and affe-cted b@ said r)ortion of the _olat'@ed si-reet are your Petitioners, Central Fidel44-y Bank, since your Petitioner has an option to pu.-chase the prope@-ty f,-om ',-he adjoi-n4.ng property owne.-s conditioned upon the s,--reet c'osiire. Respe--@,@@ully subrnitted, CENTRAL FIDELITY BANK By Counsel E.T. Caton Caton & Koch, P.C. 2508 Paciiic Averue P.O. Box 6 Virginia Beach, Virginia 23458 (804) 428-4681 . .... .......... .......... .... ..... ------ -------- 3 ..... .......... .......... .......... ....... LJ ....... .......... ---------- ......... ... -------- -------- - ....... ... ...... ......... . ..... ......... . ........... . .... .... . .... ............ 7 ...... ....... - - ------ - -------- ......... .. ......... ........... . ......... ...... . . t4 .......... --------- --- - . . ......... 3 c Ln r CENTRAL FIDELITY BANK Closure of Cleveland Street Bayside Borough ORD'@EANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINU'@NG A PORTION OF THAT CERTAIN STREET, KNOWN AS C'EVE"AND STREET, AS SHOWN UP014 THA- CERTAIN PLAT ENT'@T'@ED "EXHIBIT FOR STREET Cy@OSUR-. OF A PORTION OF CLEVELAND STREET" WHIC'@L P'-AT TS ATTACHED HE,,ZETO. WHEREAS, it appear-@ng by affidavit that rroper nolice has been given by Central Fidelity BAnk, that it would make application to the Counc-'@l of the Ci'-Iy of Vi-rgin4@a Beach, Virg@-nia on I igag, 1-@o have "he hereinafter described street d4-scontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discont4@nued, closed, aid vacated; NOW, TFEREFORE, SE@--TON i BE IT ORDATliED by the Council of the City of Virginia Beach, Virginia, that the hereina@@ter @-escribed street be discon"inued, closed, and vacated: A'l that cer@la"n piece or parcel of land, si-tuate, lying and being in the City o,-F Virginia Beach, State of Virginia, desig.,iated as that po,-tion of Cleveland Street fronting 50 @leet on the western side of Independence Bou'levard, @@ormerly Third Street, and running back in a westerly direction, between parallel lines, a distance of 225 feet, wh4.ch streell is shown on that certain plat ol@ Sunny Brook, which pla@@ is recorded i.n @'he Clerk's office o@L the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 201; which street is also shown on that certa4.n plat ent4lled "Subdivision of Columbus -@enter L@or V4-rginia State Shopping Plazas, Inc.", wh@-ch plat is recorded in said clerk's offi-ce i-,i Map Book 144, at page 15; Said parcel of land designated as "the shaded area Cleveland Stree@, (50 feet)" as i-ndicated on that certain plat of property in Virginia Beach, Virginia, which plat 4.s to he recorded in the Clerk's Offi-ce of !--he Circu@-t Cou.-t of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. N & KOCII, P.C. i. B,@@h, Vi,gi,ii. SECTION !I A certified copy of this ordinance -@hall be filed in the Clerk's Office of '@he C4,rcuit court o@@ ti,e C-'Ity of v-'@rginia bea-h, Virg@-nia, and indexed in the name of t7ie City of Virg4-ria Beach as Gran@lor. Adopted: GPIN# AFFIDAVI-I COMMONWEALTH OF VIRGINIA CI'Y OF VIRGINIA BEACH, to-wit: I, E.T. Caton, at@orney @-or Central Fidelity Bank, being first duly swcrn, deposes and s;--ates: That I am an at'@orney at law and --eprese@lit Central Fidelity Bank. 2. -@hat on the 28t@ay of @cember 1989, and on the 4th day cf Januarv 90 1 1 1992', notice cf the t)resenting of the appl4-cation to clcse a por'lion oE that certain street ],:nown as Cleveland Street, on ]Dehal,.c of Central Fidelity Sailk, was published in the Beacon, a newspaner of genera'- circula@@@-on i,. @@he City of Vi-rgin4@a Beach, Virginia. Ar.d further the depo.'Ient saith no E.T. Caton Subscribed and sworn to before me this day of 1989. Notary Public My Commission Expires: CL E, -LA C rL)- - 20 - Item V-G.3. CONSENT AGENDA ITEM # 32292 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $824.75 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM N 1/3/90 EMC @W AN ORDINANCE AUTHORIZING TAX REFUNDS ,I UPON APPLICATION OF CERTAIN PERSONS DEP'r- tiF AND UPON CERTIFICATION OF THE TREASURER JAN 4 lqqr) -'FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIK.. F@-@T - F' [-.A\p@' That the following applicati... for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D3,e Pen.Ity lnt. T.t.1 Year of Tax Number tion No. Paid Sovran Real Estate Trust 85 RE(1/2) 16561-5 12/5/84 28.80 Sovran Real Estate Trust 85 RE(2/2) 16561-5 6/5/85 28.80 Sovran Real Estate Trust 86 RE(1/2) 17629-2 12/5/85 28.80 Sovran Real Estate Trust 86 RE(2@2) 17629-2 6/5/86 28.80 Sovran Real Estate Trust 87 RE(1/2) 18627-1 11/12/86 28.80 Sovran Real Estate Trust 87 RE(2/2) 18627-1 11/12/86 28.80 Sovran Real Estate Trust 88 RE(1/2) 19213-8 11117187 31.57 Sovran Real Estate Trust 88 RE(2/2) 19213-8 5/17/88 31.57 Sovran Real Estate Trust 89 RE(1/2) 19909-6 12/5/88 75.76 Sovran Real Estate Trust 89 RE(2/2) 19909-6 6/5/89 75.76 Jerry LNowell 86 RE(1/2) 73103-0 12/5/85 13.04 Jerry LNowell 86 RE(2/2) 73103-0 6/3/86 13.04 Jerry LNowell 87 RE(1/2) 77792-6 12/1/86 8.97 Jerry LNowell 87 RE(2/2) 77792-6 5/14/87 8.97 Jerry LNowell 88 RE(1/2) 80501-1 12/4/87 22.19 Jerry LNowell 88 RE(2/2) 80501-1 5/16/88 22.19 James D& Frances J Finley 90 RE(1/2) 35923-1 11/7/89 96.92 Citicorp Mortgage Inc 90 RE(1/2) 92939-4 12/1/89 29.90 John W & Christiana Vonier 90 RE(1/2) 117737-3 11/27/89 23.94 Lois G Schroff 90 RE(1/2) 100728-0 11/14/89 107.36 Bettie Calvert 90 RE(112) 16906-2 11/7/89 18.29 Robert S & Oneida Stephens 90 RE(1/2) 110289-0 11/24/89 24.92 Frances S Martin 90 RE(1/2) 70148-7 11/13/89 1.63 Donnell M & Carolyn Muse 90 RE(1/2) 110282-7 11/27/89 21.99 Maria Fleites & Carmen Pella 90 RE(1/2) 110316-7 11/16/89 23.94 Total 824.75 This ordinance shall be effective from date of adoption. The gp2XeVate..nt(t,) totaling were approved by the Council f thg y of nia 0 't @'aRulary 1990 Beach on the_@ay of Approved as to form: Ruth Hodges Smith City Clerk - 21 - Item V-H. PUBLIC HEARING PLANNING ITEM # 32291 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. PLANNING (a) CZO - AMENDMENT ARTICLE 9, SECTION 901 Commercial Recreation Facilities (b) POCKETS, INC. CONDITIONAL USE PERMIT (c) WORD OF LIFE CHRISTIAN CHURCH CHANCE OF ZONING DISTRICT CLASSIFICATION (d) EDMUND R. BRODEUR, SR. & VARIANCE LOUISE BRODEUR (e) UNION BAPTIST CHURCH CONDITIONAL USE PERMIT (f) PLEASANT GROVE BAPTIST CHURCH CONDITIONAL USE PERMIT (g) ROWE DEVELOPMENT COMPANY CONDITIONAL ZONING CLASSIFICATIONS (h) RHW, INC. T/A BOB WEAVER'S AUTO SALES CRANGE OF ZONING AND CONDITIONAL USE PERMIT (i) HAMPTON ROADS YOUTH HOCKEY CONDITIONAL USE PERMIT ASSOCIATION, INC. (j) A.R.C., INC. CONDITIONAL USE PERMIT (k) ROBERT KOTTKE AND JANET KOTTKE CONDITIONAL USE PERMIT (1) SUBDIVISION ORDINANCE AMENDMENT SECTION 4.4 (c) Corner lots (m) CITY ZONING ORDINANCE AMENDMENTS ARTICLE 7 - Hotel Districts ARTICLE 8 - Office Districts ARTICLE 9 - Business Districts ARTICLE 10 - Industrial Districts - 22 - Item V-H.I.a. PUBLIC HEARING PLANNING ITEM # 32294 Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant. Attorney Nutter presented a letter of December 7, 1989, from Gerald S. Divaris, Chairman of the Central Business District Association in support of the Ordinance to AMEND and REORDAIN Article 9, Section 901 of the City Zoning Ordinance re use regulations for commercial recreational facilities other than those of an outdoor nature. Said letter is hereby made a part of the record. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance to AMEND and REORDAIN Article 9, Section 901 of the City Zoning Ordinance re use regulations for commercial recreational facilities other than those of an outdoor nature. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None 12 c AN ORDINANCE To AMEND AND RmRDAiN SECTION 9oi oF. ORDINANCE p FOR mm um OF AN BE IT BY MM OOWCN OF ME C=Y OF VIMINIA. BEACH, WM@: Miat Section 901 of the City be ancl r in @ as follows: Sec. 901. Use (a) Prirr-ipEtl and conditioml uses. foll@ chart lists those uses @tted within the B-1 through. B-4 Bus@ D@icts. Those usp-s and es in the r ve hm@ districts shall be permitted as either primipal uses @cted by a P or as corxiitional uses @cated by a C. Uses and structures indicated by an x shall be prcb-ibited in the respective icts. No uses or structures other than as specified shall be permitted. Use B-1 B-lA B-2 B-3 B-4 Ani-1 @itals, shelters, @ial kennels, provided that all shall be kept in ted air oorxiitimw buildings p p p p p Atta@ @lixxgs x x x x p Auditcriuns, assembly ba@ and union halls x c p p p Autobile repa= garages and small eng" repair estab ts, provided tbat all repair work shall be perfornied within a .bui@ x x c x c Autcmbile repair establisbments dealim exclusively 3n mmw repairs of the type provided at autcmobile service statioris x x c c c Autanobile servioe stations; provided that, where there is an addo@ res@tial or apartment dlstriat without an intervening street, alley or t cpen space - twenty- five (25) feet in width and @e lots separated by a dlstrict have adjacent front yards, Caegory VI s=eening shall separate the autcmbile service station use frcmthe adjacent residential distric and no ground sign shall be withi fifty (50) feet of the residential or a t district x x c c c 175 :L2. 1-989 CNp6mC Use B-1 B-IA B-2 B-3 B-4 ------------------------------------------------- ies, =-,f@cneries ar)d delica provided @t prepared or prooessecl cn the pr shall be sold cnly at retail and only cn the premis- p p p p p Bicycle and @ rental establ ts x x x x c Bingo Halls x x c x x Boat sales x x p x P Borrow pits x x c x x ge yards and @l@ omtractors' yards; provided that no sale or pror-,P-irxj of -p, -1-ge, - ra@ial sball be pemittw in such yards; and, provided further @ t such ge yards shall be ccirpletely -losed -pt f- f- and egress by a fenm or wall riot less than six (6) feet in height x x c x x Bus@ and vocatioml schools wtich do not @lvp- thp- cperaticn of woodwork shops, rachine shops or similar facilities x p p p p Bus@ @os, offices, and cliacs p p p p p Car wash facilities, provided Unt: (i) no wa@ produced by activities m the zoning lot shall be pexmi@ to fall upon or drain across @lic ts or sidewalks or adjacent. prcperties; (ii) a minimm of three (3) off-tr-t parking spa- for autar,abiles shall be @ided for each car wash space within the facility. x x c c c Child care and child care education cen@ c c p p p Churches x c c c c ial parking lots, parking garages and sto-ge garag- x x p p p Commercial re=eation facilities other than thosp- of an outdoor nature x x c )LC p by the CoL=il of the City of Virg@ Beach, VirgirLia, on th 22 day of anuary l@90 176 - 23 - Item V-H.l.b. PUBLIC HEARING PLANNING ITEM # 32295 Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant. Attorney Nutter presented a letter of December 7, 1989, from Gerald S. Divaris, Chairman of the Central Business District Association in support of the Ordinance to AMEND and REORDAIN Article 9, Section 901 of the City Zoning Ordinance re use regulations for commercial recreational facilities other than those of an outdoor nature. Said letter is hereby made a part of the record. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of POCKETS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF POCKETS, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATIONAL FACILITY OTHER THAN THAT OF AN OUTDOOR NATURE (FAMILY BILLIARD FACILITY IN CONJUNCTION WITH A RESTAURANT) R01901276 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pockets, Tnc., for a Conditional Use Permit for a commercial recreational facility other than that of an outdoor nature (family billiard facility in conjunction with a restaurant) on Lot 3, Aragona Village Shopping Center. The parcel is located at 4848-3 Virginia Beach Boulevard and contains 8300 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. Substantial compliance with the architectural rendering presented to City Council at its Formal Session January 22, 1990. Copies of said renderings are hereby made a part of the proceedings. 2. Approval shall be for a period of two (2) years. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- second of January, Nineteen Hundred and Ninety. - 24 - Item V-H.I.b. PUBLIC HEARING PLANNING ITEM # 32294 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None x El E E <.* * * * .4- FI.OOR PI.AN POCKETS ARAGONA LOCATION. VIRGINIA, BEArl4, VA. POCKETS 'Wi - 25 - Ttem V-H.l.c. PUBLIC REARTNG PLANNING TTFM # 32296 Walter Allen Horton, Jr. , 4101 Princess Anne Road, Phone: 471-6000, Trustee, represented the applicant and requested this application be REFERRED BACK TO THE PLANNING COMMISSION as a Conditional Zoning application. Neil Abramson, 2501 Locks Road, Chesapeake, spoke in support of the application Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council REFERRED BACK TO THE PLANNING COMMISSTON an Ordinance upon application of WORD OF LIFE CHRISTIAN CENTER for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF WORD OF LIFE CHRISTIAN CHURCH FOR A CHANGE OF ZONING DISTRICT CLASSTFTCATION FROM R-5D TO B-2 Ordinance upon application of Word of Life Christian Center for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District 520 feet more or less southwest of the intersection of Princess Anne Road and Lynnhaven Parkway. The parcel is located at 4101 Princess Anne Road and contains 8.23 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. This application will be REFERRED BACK TO THE PLANNING COMMISSION to be considered as Conditional Zoning. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 26 - Item V-H.I.d PUBLIC HEARING PLANNING ITEM # 32296 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant. Residents of Bellwood Estates have withdrawn their opposition. Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council APPROVED the application of EDMIJND R. BRODEUR, SR. AND LOUISE BRODEUR for a Variance to Section 4.4(b) of the Subdivision Ordinance. Application of Edward R. Brodeur, Sr. and Louise Brodeur for a Variance to Section 4.4(b) of the Subdivision Ordinance. The property is located at the western terminus of Kneeland Street. Plats with more detailed information are available in the Department of Planning. KEMPSVILE BOROUGH. The following condition shall be required: 1. The Agreement submitted with the Application and acceptable by the City Attorney in his memorandum of January 16, 1990. Said Agreement shall be recorded in the Office of the Clerk of the Circuit Court and is herby made a part of the proceedings. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None INTER-OFFICE CORRESPONVENCE In Reply Refer To Our File No. CA-3552 DATE: January 16, 1990 TO: Leslie L. Lilley DEPT: City Attorney FROM: Gary L. Fentress DEPT: City Attorney RE: Edmund R. Brodeur, Sr., et ux Subdivision variance Agreement Enclosed please find an agreement which has been submitted by the referenced applicant for a subdivision variance. The agreement is acceptable as to legal form. GLF/jls Enclosure 74- THIS AGREEMENT, made this aay or january, 1990, by and between the City of Virginia Beach, a Virginia municipal corporation, hereinafter "City," Edmund R. Brodeur, Sr. and Louise Brodeur, husband and wife, hereinafter "Brodeur," and David Gurganus and Claudia B. Gurganus, husband and wife, hereinafter "Gurganus." W I T N E S S E T H: Whereas, Brodeur is the owner of an approximate 61-acre parcel of property located in part adjacent to the Bellwood Estates Subdivision in Virginia Beach, Virginia, - which said property is described in Exhibit "All attached hereto; and Whereas, Brodeur has filed an application with City for a subdivision variance that, if granted, would permit the creation of a one (1) lot subdivision at the terminus of Kneeland Street, a City street in the Bellwood Estates Subdivision; and Whereas, the proposed lot and its relationship to Kneeland Street are shown on the plat marked Exhibit "B" attached hereto, and incorporated herein by this reference; and Whereas, if the proposed one (1) lot subdivision is permitted as requested, it is the intention of Brodeur to convey said lot to Gurganus (his daughter and son-in-law) and to further, upon development of the balance of Brodeur's property, to dedicate sufficient property to City to permit extension of Kneeland Street from its present terminus a distance of 100 feet and to further insure that the cost of construction of the street on this extension shall be completed at no expense to City. Now, therefore, for and in consideration of the promises recited herein and for other good and sufficient consideration, the receipt of which is hereby acknowledged, Brodeur and Gurganus, voluntarily and without compulsion, hereby jointly agree as follows: 1. In the event of a subdivision or development on Brodeur's property which, in the sole determination of the City, necessitates the dedication and construction of a street which connects with Kneeland Street, Brodeur, Gurganus and/or their heirs, assigns and successors in title shall dedicate to the City at no cost that certain property designated and described as 11251 STRIP HEREBY RESERVED FOR THE CITY OF VIRGINIA BEACH, VIRGINIA," as shown on the plat attached hereto as Exhibit "B". 2. All costs associated with the construction of street improvements required by the City within the 25' strip described above shall be borne by the party whose subdivision or development of the balance of Brodeur's property generates the need for the construction of street improvements connecting with Kneeland Street. 3. In the event of a failure or refusal to dedicate the above-described 25' strip or a failure or refusal to install or provide for lawfully required street improvements within same, the City may withhold approval of any subsequent subdivision of Brodeur's property. 2 4 This agreement shall not operate to relieve Brodeur, Gurganus or their heirs, assigns and successors in title of any additional street improvements or other municipal improvements which may be lawfully imposed by the City in connection with the development of the property. binding on the parties 5. This agreement shall be hereto and their heirs, assigns and successors in title and shall constitute covenants running with the land herein described. Witness the following signatures and seals: EAL) Edmund R. Brodeur, Sr. (SEAL) -se Brodeur @@@EAL) '4' D@id Grganus/ Gurganua STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that Edmund R. Brodeur, Sr. , whose name is signed to the foregoing writing, bearing date the 15 day of January, 1990, has acknowledged the same before me in my City and State aforesaid. 3 Given under my hand this day of A,, 19 Notary Public /@g/ My Comission Expires: @(Y.LIA,@4t u STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public rthe L"ity and State aforesaid, do hereby certify that in and fo Louise Brodeur, whose name is signed to the foregoing writing, bearing date the 11-cWl day of January, 1990, has acknowledged the same before me in my City and State aforesaid. day of Given under my hand this 19@o. Notary Public my Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that David Gurganus, whose name is signed to the foregoing writing, bearing date the day of January, 1990, has acknowledged the same before me in my City and State aforesaid. 4 Given under MY hand this day of 19 ,j Ii my commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA a Notary Public aforesai'd, do hereby certify that ;i in and for the City and State Claudia B. Gurganus, whose name is signed to the foregoing writing, joearing date the day of January, 1990, has acknowledged the same before me in my City and State aforesaid. Given under MY hand this day of 19 90. Not my commission Expires: 5 EXHIBIT "A" All that certain tract piece and parcel of land, with the improvements @'es thereunto belonging, situate, lying and being thereon and the appurtenan ial District, Princess Anne County, Virginia, in the Kempsville Magister certain plat and survey thereof made by W.B- shown and designated on a December 26. 1958, hereto attached and made a Gallup, County Surveyors, is marked "Property of Edmund R. Brodeur, part of this deed, which plat Va.," containing 61.3 acres, located near Stumpy Lake, Princess Anne Co., more or less, and by which plat the property is more particularly bounded and described as follows: BEGINNING at a pipe in the Southern line of the right of way of Elbow Road, in a ditch separating the property hereby conveyed from the property now or formerly of Spence, and from said point running along the center line of said ditch separating the property hereby conveyed from the property of Spence South 37 degrees 11 minutes East 833.13 feet to a pipe, South s East 1740.15 feet to a pipe in the line of the 37 degrees 11 minute the last mentioned pro erty known as Salem Acres; thence along the line of p utes West 844.7 feet, more or less, to a property South 36 degrees 13 min cypress; South 23 degrees 57 minutes West 131.4 feet to a cypress in the property of Mayo Hutchison and the property hereby conveyed; line of the the line of the property of Hutchison to a pin; thence thence along of Hutchison North 30 degrees continuing along the line of the property t to the end of a ditch; thence along the center 24 minutes West 735.1 fee he property hereby conveyed from the property line of a ditch separating ts 40 minutes West 640 feet to a point; North of Hutchison North 51 degree 0 a point, North 9 degrees 13 38 degrees 10 minutes West 931.75 feet tht1 degree 44 minutes East 243.6 minutes West 248.7 feet to a point, Nor or degrees 32 minutes East 303.6 feet to a point feet to a poi ter line of a twi@ North 31 degrees 34 minutes East 203.6 feet to the cen of way of Elbow culvert to Elbow Road; thence along the edge of the right degrees 10 minutes E. 146.9 feet to a point, North 82 degrees Road south 59 rth 43 degrees 50 minutes East 34 minutes East 139.1 feet to a point, No 168.3 feet to the point of beginning. Said parcel of land containing 61.3 acres, more or less, but is conveyed in gross and not by the acre. BRODEUR Exhibit "B" 'IR 4j c VINI!)81A H:)V38 VIN;!)81A JO All) 3mi 01 31V:) 1030 A8383H (IV:)IdAi) IN3V43SV3 3!)VNIV80.-; 3..&O.II.L@S -,00 ogi--- -.Co SZ 12 T L) 0 <z v 0 ci @io 0 v (j (L 0 o" 0 1 0 n .00 r4i M,.10.11.,ti. N (Xz 6 (r w > w w (r > w 1 5 - 27 - Item V-H.l.e PUBLIC HEARING PLANNING ITEM # 32296 Reverend S. L. Scott, 1408 Spring Road, Chesapeake, Virginia, Phone: 488-5254, represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of UNION BAPTIST CHUCH for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF UNION BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01901277 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRIGNIA Ordinance upon application of Union Baptist Church for a Conditional Use Permit for a church on the north side of South Boulevard, east of Independence Boulevard. The parcel is located at 4608 South Boulevard and contains 1.2 acres. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. The following conditions are required: 1. Required parking and setback variances by the Board of Zoning Appeals. 2. Public sewer and water are required. 3.Avariable width right-of-way reservation is required along the entire South Boulevard frontage to provide for a sixty (60) foot collector street. The dedication is to be measured thirty (30) feet from the centerline of the existing pavement section. Approximately eight (8) feet of right- of-way reservation is required. 4. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the nt - sec d and Ninety. - 28 - Item V-H.I.e PUBLIC HEARING PIANNING ITEM # 32296 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 29 - Item V-H.l.f PUBLIC HEARING PLANNING ITEM # 32297 The following registered in SUPPORT of the application: Reverend W. Darryl Scott, Sr. , 5900 Commonwealth Drive, Phone: 424-3489, Pastor of Pleasant Grove Baptist Church, represented the applicant Fred L. Jackson, 4045 Cedar Grove Baptist Church, Chairman of the Board of Trustees James B. Moseley, 4736 Tndian River Phone, Phone: 471-3496, advised the church has been at its present location for more than 120 years. Spencer L. Scott, Architect for the new facility Upon motion by Councilman Moss, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of PLEASANT GROVE BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PLEASANT GROVE BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01901278 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pleasant Grove Baptist Church for a Conditional Use Permit for a church on certain property located on the west side of Kempsville Road, 850 feet more or less north of the Virginia Beach/Chesapeake City Line. The parcel contains 13.22 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 1. In accordance with the City's Master Street and Highway Plan which calls for an ultimate ninety-six (96) -foot right-of-way for Kempsville Road, a reservation of approxiinately thirteen (13) feet is required along the entire Kempsville Road frontage. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the t - se Nineteen Hundred and Ninety. - 30 - Item V-H.l.f- PUBLIC HEARING PLANNING ITEM # 32299 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 31 - Item .1. - PUBLIC HEARING PLANNING ITEM # 32300 Attorney R. J. Nutter, II, 2909 South Lynnhaven Road, Phone: 431-3100, represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED Ordinances upon application of ROWE DEVELOPMENT COMPANY for Conditional Zoning Classifications: ORDTNANCE UPON APPLICATION OF ROWE DEVELOPMENT COMPANY FOR A CONDITIONAL ZONING CLASSIFTCATION FROM R-5D TO 0-2 Z01901272 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rowe Development Company for a Conditional Zoning Classification from R-5D Residential Duplex District to 0-2 Office District on the east side of Grayson Road, 150 feet more or less south of Corporate Woods Drive. The parcel is located at 262 Grayson Road and contains 28,740.88 square feet. More detailed information is available in the Department of Planning. @SPVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF ROWE DEVELOPMENT COMPANY FOR A CONDITIONAL ZONTNG CLASSIFICATION FROM 0-1 TO 0-2 Z01901273 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Rowe Development Company for a Conditional Zoning Classification form 0-1 Office District to 0-2 Office District on certain property located on the east side of Grayson Road beginning at a point 260 feet more or less south of Corporate Woods Drive. Said parcel contains 43,551 square feet. More detailed information is available in the Department of Planning. KEMPSVTLLE BOROUGH. The following conditions shall be required: 1. No more than one curb cut onto Grayson Road shall be allowed for the property. 2. The height of any buildings within fifty (50) feet of the Eastern right-of-way line of Grayson Road shall not exceed forty (40) feet. 3. Best Management Practices (BMPS) will be designed to address stormwater runoff in a manner to accommodate both the property and the adjacent Corporate Woods Office Park immediately to the North (hereinafter referred to as Office Park). - 32 - Item V-H.I.g. PUBLIC HEARING PLANNING ITEM # 32300 (Continued) 4. All exterior lighting, signage and landscaping used on the property shall be designed by the same specifications as approved by the City of Virginia Beach for Building D, E, F, and Corporate Woods III located in the Office Park. 5. All proffers shall be contained within an Agreement recorded in the Clerk's Office of the Circuit Court. Said agreement is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the TwentY- second of January, Nineteen Hundre Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None C41- Re F4le l@o. CA-3491- D,Z,-@E: January 16, 1990 TO: -lesl;-e L. -@,@-lley DEPT: Ci-ty Attorney FROiM. Gary L. Fentrcss DEPT: 1-i--y Attc.-ney RE: Rowe Deve'-Iooment Comnany Conditional Zoning Agreement o4- Cond4-tions Counc@-I Action Da-@e: Januarv 22, 1990 Enclosed please 4-d a copy of the prof@-er agrccment submitted by @he referenced an@licant. The agreemen-@ is a--ccp--abl-c as to I-cgal form. GLF/jls Enclosure THIS AGREE:,',ENT, rade -@his 28th day of November, 1989, by and between ROWE DEVELOPMENT COMPANY (hereinafter referred to as Grantor), and the CITY OF VIIZGINIA B,-,ACII, a municipal corporation o@ the comronweal-h of virgin;a (hereinafter referred -@o as Gran-lee)- W T T N E S S E T H WHEREAS, the Grantor has ini-lia-@ed an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's proper-@y fron, Residential (R-5D) and Office (0-1) to Office (0-2), on certain property containing a total of 1.65 acres, inore or less, in the Ken@psville Borough, in the City of Virginia Beach, Virgin2@a, more pa--ticularly described in the a-Itached Exhibit A (hereinafte-- referred to as -@he Prope.-ty). WHEREAS, the G--antee's policy 4-s to provide only for the orderly development of land, for various purposes, through zon 4ng and other land development legislation; and WHEREAS, the Gran'@or acknowledges -,hat -@he corpet- ing and sometimes incompatible uses conflict and tha@- in order to permit dif-lering uses on a-d in the area of the subject property and a-@ the sar.-e -@ime -@o recognize the ef- fects of -@he changes, and -@he need for various types of uses, including those '@isted above, certain reasonable condil@ions governing -@he use of -@he Prope--ty for the protection o@@ the conr,iur,itv tha-@ a--e no-@ ge,"eral',-y appl;-cable to land sim4-larly zoned 0-2 a--e needed to cope wi@lh the situat-'@on %.,,hich the Grantor's rezoning applica-@-@--on g@lves 1-ise to. NOW, TH--REFOR--, the G--antor, for themselves, their successo--S, assigns, gran--ees, and other successors in -@i-@le or --nterest, voluntar4ly an,@ %,7ithou'@ any requirement by or exaction fro-,n the G--antee or i-ts governing body and w4@-@hout any el-ement of ccmpul-si-on o@- pro @uo for zc)ning, rezoning, si-e plan, building perm4@-@ or su;:;@--Ivis4@on anproval, hereby makes the @ollow,'-ng decl-ara@-@-on of condit'@ons an-,' res-@rictions as to the phvs-@cal devel-opment and o.nera--ion of the P--operty and governing --he use @-hereof and hereby tenders the following covenants running with the sa4-d property, which shall be binding upon the Propert@, and upon all nar-14-es and persons cla4-ming under o-- throug-,, the Grantor, i-.s ',,eirs, personal --epresentat-*@ves, assigns, grantees and other succes- sors in interest or -@itle, namelv: 1. No rore 1-han cne curb cut on-lo Grayson Road shall be allowed -@or the Proper-,y. 2. @-he height o.' any buildings with;-n fifty (50) feet of the eas-@ern right c.- way line of Grayson Road sha---l no@, exceed for-@y t,40@! fee@-. 3. Bes-@ 'Zianagement P--act-'Ices (BMP's, will be designed to address storr, water runo@-f i-n a r@,anne-- to accom- modate both the Proncrty and -.he ad-acen@, Corpo,--a--e Woods of.lice Park iT,,@nedia-@e'@,v @@o @.he North (hereinafter re,-erred to as of,.Fice Park). 2 4. All e>.@-e--io-- light4-ng, signage an@- landscaping used on the Property shall be designed bv -,he same specifications as appro-ved by the Ci-@y of Virginia Beach for Buildings D, EF and Corporate lqcods II- loc:ated in -,he office Park. The Granto-- covenants and agrees that (1) the Zon- ing Administrato.- of the Ci-@y O-' vi.-ginia Beach, V-'@rgin4la shall be vested w'@--h all necessary au-@hori-ly on behalf of the governing body of the C@-ty of v4-rgini-a Beach, V@@rgi-nia to administer an d en@lorce the foregoing cond-@-@ions, including (i) the o--dering in wr;--@ing of the remedying of any nonco-,apliance W4th such --ondit-@ons, and (ii) the bringing of legal ar--@ion or sui-- -@o ensure conpliance w@-th such condi- tions, including randator,v or proh4@bitory injunction, abal@e- ment, damages or other appr--priate ac-@ion, su4@t or proceed- ings; (2) -@he failure to nee-, all condit@-ons shall cons@@itute cause to denv the issuance of any of the --equired building or occupancy permi-@s as may be appropr-@ate; (3) if agg.-ieved by any decision o.' the Zoning Admin4-s'---ator made pursuant to the provisions of the City Code, the CZO or this Ag--eement, the Grantor shall peti-lion to the gove--n4-ng body for the review thereof prior to ins-@i-@uting proceedings in court; and (4) the Zoning ifap shown by an appropriate synbol on the map the eX4s-ence of conditions attach'@-g -@o the zoning of the subject propertv on the map and -,hat the ordinance and -,he cond*@tions inay be rade readily available and accessible for publ@ic inspect;-on in the off'@ce of the Zo-ing Adu@-n@-strator and in the Planning -lepar-@ment and @@ha@, t@-ey shall be recorded in the Clerk's office o-- -.-e Circui-I ccurt of the city c)- V-rginia Beach, virg4-ia and 4ndexed --i. the name of I the Grantor and Gran--ee. WITNESS the following signatures and seals: ROWE D-@7ELOP',IEN-- By i ) .1@; 66r. @- I @ Vice-President, Hanptcn Roa4-s Reg-@@on STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before ne this ay of November, 1989 by Deborah K. Stearns on behal-I cf R@ Development Conpany. My Comriss@on E):pires: sks./'docs/rowe 4 E@,IB-, T A GA7- DESCR--P':'ION REZONING PIAT OF PARCEL 21, 23 AND A PO-@-IION OF PA!,--EL B-2 CORPORA--E IQODDS FOR ROWE DE-,7ELOPMENT Co,'iP-kNY Beginning at a point where the no--thern right-of-way line Of Bonney Road intersects the eastern right-of-,;ay line of Grayson Road; thence, following a'@ong --he afcresaid eas"ern --ight-cf-way line of Grayson Road a distance of 396.aO' to -@he '@rue Point of Beginning; thence, continuing along the aforesaid eastern right- of-way line of Grayson Road NCO'44117";q a distance of 210.70' @@o a point; thence, N89'15'oolll a d-.stance of '-5.001 to a point; thence, departing the aforesai-d eastern right-of-way iine c-' Grayson Road but continu'@ng N89'1510011E a d-'@s-@ance of 170.00' (a total line dis--ance of 185-00) to a no'n-; thence, SDD*4411@'IE a distance of 112.001 to a poin-@; @@hence, N89'15100"E adistance o.- 292.361 to a point; thence, along a dashed line shown as 1IL4,mits of Rezon4-ng Only" S54'2211.1111E a distance of 65.581 to a point on line of southeasternnost property l'@ne of Parcel B-2; -,hence, S35'37137"W a distance of 122.281 to a pcint; thence, ii54*22'23"Iq along a --,ine a d!-s-lance o-@ 65.581 to a point; thence, S89*151001liq a d@stance o- 405.101 to the True Point of Beginning, sai-d pa--cels and@or Po--i'ns thereo@- as desc-ibed by deeds recorded 4n the 0 Clerk's office of the Circu4-t -@ourt of Virginia Beach, V,'-rginia in Deed Book 2826 a-@ Page 1622, Deed Book 2620 at Page 1385, and in Deed Book 2806 at Page 551. These parce---s 1-@-e wholly within -@he Keinpsville Borough of the City of Virginia Beach, V'@rgin4-a and collectively they contain 72,292 square feet or 1.6596 acres. I - 33 - Item V-H.I.h. PUBLIC HEARING PLANNING ITEM # 32301 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED Ordinances upon application of RHW, INC. T/A BOB WEAVER'S AUTO SALES for a Change of Zoning District Classification and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RHW, INC. T/A BOB WEAVER'S AUTO SALES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 TO B-2 Z01901273 A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rflw, Inc. for a Change of Zoning District Classification from I-I Light Industrial District to B-2 Community Business District at the northeast corner of South Military Highway and Alexandria Avenue. The parcel is located at 766 South Military Highway and contains 29,925.72 square feet. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF RHW, INC. T/A BOB WEAVER'S AUTO SALES FOR A CONDITIONAL USE PERMIT FOR USED ATJTO SALES R01901279 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of RHW, Inc. T/A Bob Weaver's Auto Sales for a Conditional Use Permit for used auto sales at the northeast corner of South Military Highway and Alexandria Avenue. The parcel is located at 766 South Military Highway and contains 29,925.71 square feet. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The existing landscaping should be maintained and is not to be disturbed. 2. The signage for this site must conform to existing sign regulations. - 34 - Item V-H.I.h. PUBLIC HEARING PLANNING ITEM # 32301 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the t - second of January, N and Ninety. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 35 - Item V-H.I.i. PIJBLIC HEARING PLANNING ITEM # 32302 James A. Peele, 5225 Rolleston Drive, Phone: 497-1665, President - Hampton Roads Youth Hockey Association, Inc. Patricia Abbot, 236 Paladin Drive, registrered in support of the application but WAIVED her right to speak. Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. FOR A CONDITIONAL USE PERMIT FOR A BINGO PARLOR R01901280 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hampton Roads Youth Hockey Association, Inc. has applied for a Conditional Use Permit for a bingo parlor on the north side of Virginia Beach Boulevard, 131 feet west of King Richard Drive. The parcel is located at 3352 Virginia Beach Boulevard (Celebration Station) and contains 9.45 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Approval is for a period of two (2) years. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the nt - second of January, Nineteen Hundred Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 36 - item pUBLIC HEARING PLANNING ITEM # 32303 Richard K. Stell, 2i9 6th Street, Phone: 428-5824, Engineer with John Sirine and Associates, represented the applicant John W. Harris, President - ARC, Inc., advised the two new towers (220 feet in height) would be self-supporting for the cellular radio. Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of A.R.C., INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF A.R.C., INC. FOR A CONDITIONAL USE PERMIT FOR TWO (2) COMMUNICATIONS TOWERS AND EQUIPMENT BUILDING R01901281 BE IT HEREBY ORDAINED BY THE COUNCIL OF TiiE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of A.R.C., Inc. for a Conditional Use Permit for 2 communications towers and equipment building on certain property located 1040 feet more or less northwest of Kempsville Road beginning at a point 602 feet south of Centerville Turnpike. The parcel contains 5.92 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- second of January, Nineteen Hundred Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 37 - Item V-H.l.k. PUBLIC HEARING PLANNING ITEM # 32304 The following spoke in SUPPORT of the application: Howard Tew, 2303 Sandollar Court, Phone: 496-0150, represented the applicant, President of Tew Construction, General Contractor and Construction Manager for the project. Mr. Tew distributed a package of information containing Petitions in support of the application and the site plan for Bellamy Manor Preschool. Said information is hereby made a part of the record. C. Douglas Mills, Jr., 4720 Eastwind Road, Phone: 467-0229 Amy Davidson, 4017 Dillaway Court, Phone: 427-3059 Vicki Groman, 1124 Rollingwood Arch, Phone: 474-1547 The following letters in SUPPORT of the application are hereby made a part of the record: Jan Kottke, Director - Bellamy Manor Preschool, Mrs. Cindy Carter, 5313 Silvey Drive, Norfolk - Ruth A. Johnson, 5728 Lancelot Drive, Virginia Beach. The following spoke in OPPOSITION to the application: Melvin Friedman, 1120 Cresthaven Lane, Phone: 495-0272 W. R. Skelley, Jr., 1121 Cresthaven Lane, Phone: 495-0246 Craig Bisek, 1116 Rollingwood Arch, Phone: 467-1495. Mr. Bisek presented Petitions in OPPOSITION which are hereby made a part of the record. Elizabeth Mobley, 5013 Providence Road, Phone: 495-0267 Dorothy R. Gurganus, 1112 Rollingwood Arch, Phone: 495-0275 William J. Davis, 1120 Rollingwood Arch, Phone: 495-0259 William L. Kemp, 1133 Rollingwood Arch, Phone: 495-0251 Billy Martin, Jr., 5021 Providence Road, Phone: 497-5416 The following letters in OPPOSITION to the application are hereby made a part of the record: Elizabeth A. Mobley, 5013 Providence Road, Virginia Beach - Dan Wagoner, 967 Autumn Harvest Drive, Virginia Beach - Williard R. Skelley, Jr., 1121 Cresthaven Lane - Joanna B. Tyson, 5012 Providence Road, Virginia Beach. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council DEF'ERRED until the City Council Meeting of February 12, 1990, an Ordinance upon application of ROBERT KOTI'KE and JANET KOTTKE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT KOTTKE AND JANET KOTTKE FOR A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL Ordinance upon application of Robert and Janet Kottke for a Conditional Use Permit for a private school on Lot 10A, Bellamy Manor. Said parcel is located at 5009 Providence Road and contains 1.4 acres. KEMPSVILLE BOROUGH. Councilman Moss advised, for the year 1985-1989, the total number of accidents on Providence Road between Kemspville and Edwin Drive: 1985 - 53, 1986 - 56, 1987 - 50, 1988 - 49, and 1989 - 47. Of the aforementioned, the number of accidents which occurred at the Kempsville and Providence intersection: 1985 - 36, 1986 - 39, 1987 - 33, 1988 - 28 and 1989 - 29. Councilman Moss requested information relative the time of day and specific location and cause of the accidents. Councilman Moss will meet with the residents and applicants at the Kempsille Library meeting room to evaluate the application prior to the City Council Meeting of February 12, 1990. The City Staff and applicant will provide information relative the demand management of traffic concerning the student enrollment and the cycles of operation of the private school. - 38 Item V-H.l.k. PUBLIC HEARING PLANNING ITEM # 32304 (Continued) Voting: 10-1 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Albert W. Balko Council Members Absent: None - 39 - Item V-H.1.1. PUBLIC HEARING PLANNING ITEM # 32305 Memorandum of January 17, 1990 from the Planning Department recommended DEFERRAL to enable staff to attempt to resolve all legitimate concerns. (copy of said Memorandum is hereby made a part of the record.) The following registered to speak in SUPPORT of the Ordinances: George DeLano, 521 Buffer Drive, Phone: 497-6126 William Rockwell, 4758 Kempsville Greens Parkway, Phone: 467-3877 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council DEFERRED until the City Council Meeting of February 12, 1990: Ordinance to amend and reordain Section 4.4(c) of the Subdivision Ordinance pertaining to corner lots. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items V-H.I.I. and H.I.m. were voted upon together. - 40 - Item V-H.l.m. PUBLIC REARING PLANNING ITEM # 32306 Memorandum of January 17, 1990, from the Planni-ng Department recommended DEFERRAL to enable staff to attempt to resolve all legitimate concerns. (Copy of said Memorandum is hereby made apart of the record.) Upon motion by Vice Mayor Pentress, seconded by Councilwoman Parker, CitY Council DEFERRED until the City Council Meeting of February 12, 1990: Ordinances to AMEND and REORDAIN the City Zoning Ordinance of the City of Virginia Beach, Virginia: Article 7 re corner lots in the Hotel Districts which are located at the intersection of two streets, either of which is shown on the Master Street and Highway Plan as a 4-lane undivided roadway or greater. Article 8 re corner lots in the Office Districts which are located at the intersection of two streets, either of which is shown on the Master Street and Highway Plan as a 4-lane undivided roadway or greater. Article 9 re corner lots in the Business Districts which are located at the intersection of two streets, either of which is shown on the Master Street and Highway Plan as a 4-lane undivided roadway or greater. Article 10 re corner lots in the Industrial Districts which are located at the intersection of two streets, either of which is shown on the Master Street and Highway Plan as a 4-lane undivided roadway or greater. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items V-H.I.I. and H.I.m. were voted upon together. - 41 - Item V-I. 1. APPOINTMENTS ITEM # 32307 Upon NOMINATION by Councilwoman Parker, City Council APPOINTED: COMKNITY SERVICES BOARD Thomas A. Barton 3 year term ending 12/31/92 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None anuar 22 1990 - 42 - Item V-I.2. APPOINTMENTS ITEM # 32308 Upon NOMINATION by Councilwoman Henley, City Council APPOINTED: HISTORICAL REVIEW BOARD Joan L. Wright Unexpired term ending 10/31/91 Councilwoman Henley extended the sympathy of City Council to the family of James H. Agles and expressed appreciation for his many years of dedicated service. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 0 - 43 - Item V-I.3. APPOINTMENTS ITEM # 32309 BY CONSENSUS, City Council RESC M ULED: VIRGINIA BEACH ITY DEVELOPMENT CORPORATION Januar 22 1990 - 44 - Item V-I.4. APPOINTMENTS ITEM # 32310 Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED: VOLUNTEER COUNCIL Mary C. Russo 3 Year Term ending 12/31/92 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 22, 1990 - 45 - Item V-J - 1 UNFINISHED BUSINESS ITEM # 32311 ADD-ON A MOTION was made by Councilman Perry, seconded by Councilwoman McClanan to ADOPT: Resolution withholding expenditure of $300,000 (APPROVED 1/8/90) for marketing communications support program. Voting: 2-9 (MGTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None Januar 22 1990 - 46 - Item V-J.2 UNFINISHED BUSINESS ITEM # 32312 ADD-ON BY CONSENSUS, City Council SCHEDULED for the City Council Agenda of January 29, 1990: Ordinances to transfer funds from various accounts within FY 1989-1990 Operating Budget to provide one hundred pecent local funds to defer lay-off of State Health positions: OPTION 1 - defer lay-off of 22 filled positions thru June 30, 1990: $104,202 OPTION 2 - defer lay-off of 17 filled positions thru March 31, 1990, and 5 positions thru June 30, 1990: $ 41,473 Mayor Oberndorf also suggested a Resolution be SCHEDNED to request the General Assembly Members to change the funding formula. - 47 - Item V-K. 1. NEW BUSINESS ITEM # 32313 ADD-ON Upon motion by Councilman Perry, seconded by Councilwoman McClanan, City Council SCHEDULED RECONSIDERATION of the Ordinance upon application of PLEASURE HOUSE PROPERTIES (ADOPTED 1/8/90) for the City Council Session of February 12, 1990. ORDINANCE UPON APPLICATION OF PLEASURE HOUSE PROPERTIES FOR A CHANGE OF ZONING DISTRTCT CLASSIFICATION FROM A-12 TO A-18 Z01901269 Ordinance upon application of Pleasure House Properties for a Change of Zoning District Classification from A-12 Apartment District to A- 198 Apartment District on the east side of Pleasure House Road, 300 feet south of North Greenwell Road. The parcel is located at 2260 Pleasure House Road, and 4700, 4704 and 4708 Maple Terrace Court and contains 37,984.32 square feet. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The Chesapeake Beach Civic League requested RECONSIDERATION as they believe there is increasing traffic volume which will have tremendous impact on this property. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober and William D. Sessoms, Jr. Council Members Absent: None