HomeMy WebLinkAboutFEBRUARY 12, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
-IOR MEYE@ E
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Ci, M.@, CITY COUNCIL AGENDA
FEBRUARY 12, 1990
ITEM 1. COUNCIL COWERENCE SESSION - Oonference Roan - 10:00 M
A. THE PLANNING COLNCTL
B. VOLUNTEER COUNCIL
ITEM 11. CITY COLINCIL WORKSHOP - Conference Room - 10:30 AM
A. LABCR DAY 1990
ITEM Ill. COLNCIL CONFERENCE SESSION - Conference Room - 12: NOON
A. CITY COUNCIL COWERNs
ITEM IV. L U N C H - Conference Room - 12:20 PM
ITEM V. 1WOR14AL SESSION - Conference Roofn - 12:30 PM
A. CALL TO ORDER - Mayor @yera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECURIVE SESSION
ITEN VI. FOR4AL SESSION - ODuncit Chamber - 2:00 PM
A. INVOCATION: Rabbi Aaron %rgol is
Chabad Lobavitch of Tidewater
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE L)NITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECURIVE SESSION
E. MINUTES
1. INFORMAL & FCRMAL SESSIONS - February 5, 1990
F. PTJBLIC HEARING:
1. PLANNING - RECONSIDERATION
a. Reconsideration of the Approval of Item 32250 of the MinL&es of
January 8, 1990:
Appl !cation of PLEASLIRE HOUSE PROPERTIES for a Change of Zoning
Classification frcm A-12 Apartment District to A-18 Apartment
District on the East side of Pleasure House Road, 300 feet
South of North Greenwe I I Road (2260 Pleasure House Road and
4700, 4704 and 4708 Nbple Terrace Court), containing 37,984.32
square feet (BAYSIDE BOROUGH).
2. PLANNING
a. Ordinance for the discontinuance, closure and abandonment of an
unimproved portion of Shore Drive located on the South side of
Shore Drive extending between Mystic Cove Drive and Ocean Tides
Drive, containing 7,984.66 square feet, in the petition ot
F. WAYNE McLESKEY, JR. (BAYSIDE BCROUGH).
Deferred for compl lance August 7, 1989.
Recornmendation: DEFER ADDITIORAL 90 DAYS
b. Appl ication of H. RYAN POWELL for a Conditional Use Permit for
autcmobile sales and service and bulk storage yard on the South
side of North Witchduck Road, 693.08 feet West of Jacquel !ne
Avenue (630 North Witchduck Road), containing 42,096 square
feet (BAYS I DE BOROUGH) .
Deferred January 8, 1990
Recommendation: APPROVAL
c. Appl lcation of ROBERT and JANET KOTTKE for a Conditional Use
Pennit for a private school on Lot IOA, Bellamy Manor
(5009 Providence Road), containing 1.4 acres (KEMPSVILLE
BOROUGH).
Deferred January 22, 1990.
Recommendation: APPROVAL
d. Appl !cation of TIDEWATER HEALTH CARE, INC. for a Conditional
Use Pennit for a 60-bed nursing home on certain property
located at the Northeastern extremity of Old Donation Parkway,
containing 2.6 acres (LYNNHAVEN BCROUGH).
Recommendation: APPROVAL
e. Appl ications of STAR ENTERPRISE for Cond ltional Use Permits
for:
Gasol lne sales and a car wash in conjunction with a convenience
store located at the Southeast corner of Witchduck Road and
Aragona Boulevard, containing 36,198 square feet (BAYSIDE
BOROUGH);
AND,
Car wash at the Pbrtheast corner of Princess Anne Road and
South Parliament Drive (5288 Princess Anne Road), containing
1.07 acres (KENPSVILLEBCROUGH).
Recommendation: APPROVAL
f . Appl ication of LESSIE M. GIMBERT for a -Change of Zoning
District Classification from R-10 Residential District to R-7.5
Residential District on the North side of Robert Jackson Drive,
820 feet more or less Northeast of the intersection with
South Lynnhaven Road, containing 6.8 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
g. Ordinances to AMEND:
1. Subdivision Ordinance:
(a) Section 4.4(c);
AND,
2. City Zonlng Ordinance:
(a) Article 7 - Flotel Districts;
(b) Article 8 - Office Districts;
(c) Article 9 - Business Districts;
(d) Article 10 - Industrial Districts.
Re corner lots located at the Intersection of two streets,
either of which is shown on the Paster Street and Highway Plan
as a 4-lane undivided roadway or greater.
Deferred January 22, 1990.
Reccmmendation: APPROVAL
G. CONSENT AGENDA
Al I matters I isted under the Consent Agenda are considered in the
ord inary course of business by City Council and wi I I be enacted by
one motion in the form listed. If an item Is rernoved from the Consent
Agenda, it wil I be discussed and voted upon separately.
1. Ordinance, upon SECOND READING, to APPROPRIATE $228,525 from Golf
Course Enterprise Fund retained earnlngs for Project #4-953
Kempsville Greens Golf C<)urse improvernents.
2. Ordlnance, upon SECOND READING, to APPROPRIATE $56,278 to fund
seven additional temporary positlons In the Sheriff's Office; and
Increase reimbursement revenue frcm the Camonwealth in the amount
of $46,211.
3. Ordinances appointing viewers in the petitions of:
a. City of Virginia Beach for the closure of a portion of
Courthouse Road and Glebe Road (PRINCESS ANNE BOROUGH);
AND,
b. Evelyn A. Munden for the closure of a portion of Bratten Street
and Cason Avenue (PRINCESS ANNE BCROUGH) .
4. Ordinance authorizing tax refunds in the amount of $5,060.58.
H. APPOINTMENTS
ADVERTISING ADVISORY REVIEW COMMITTEE
PERSONNEL BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
1. UNFINISHED BUSINESS
1. INTERRACIAL BUSINESS AND CIVIC COALITION Report
Mary Redd, Co-Chair, IBCC
Kal Kassir, CO-Chair, IBCC
J. NEW BUSINESS
1. ReqLest to review the proposed site and authorization to proceed
with the Little Neck Fire Station (LYNNHAVEN BOROUGH). (Spon sored
by Counc i I man Al bert W. Ba I ko)
(Approved by Item #22350, August 13, 1984.)
2. REQTJEST of E)(CEL MUFFLER & BRAKE CENTER, INC. FCR RECONSIDERATION
of Condition Number 2 in the August 22, 1988, APPROVED Appl ication
of FLASH, INC., T/A Speedee Oil Change and Tune-Up for a
Conditional Use Perrnit for an automobile repair establishment at
the Northwest corner of Laskin Road and First Colonial Road (1700
Laskin Road) , containing 20,350 square feet (LYNNHAVEN BOROUGH).
3. Resolution reque5ting the General Assembly AMEND Senate Bill
Number 304 re road Impact fees so as to apply to the City of
Virginia Beach. (Sponsored by Council Lady Nancy K. Parker)
4. Resolution requesting the General Assembly DEFEAT House Bill
NLinber677 as an unnecesssary and inappropriate restriction upon
the established ability of localities to regulate the subdivision
of land and the density of residential development (conditional
uses) for the protection and preservation of the public health,
safety and welfare. (Sponsored by Council Lady Nancy K. Parker)
K. ADJOLIRN4ENT
FEBRUARY 20, 1990 2:00 PM
RESCHEDULE OF FEBRUARY 19, 1990
"PRESIDENTS' DAY"
2/7/90
lb
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vlrglnla Beacti, Virginla
February 12, 1990
The CITY COUNCIL CONFERENCE SESSION was called to order by Mayor Meyera E.
Oberndorf in the Conference Room, City Hall Building, on Monday, February 12,
1990, at 10:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischob&r, Barbara M. Henley, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Reba S. McClanan (ENTERED: 10:12 P.M.)
John D. Moss (ENTERED: 10:53 P.M.)
John L. Perry (ENTERED: 11:30 P.M.)
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T HE P LAN N IN G C 0 UN C I L
B R I E F I N G
10:00 A.M.
ITEM # 32387
Martha Goodman, President of the PLANNING COUNCIL, introduced Ted Brill -
President-Elect and Dr. Roy Woods - Member of the Executive Committee.
The PLANNING COUNCIL has enjoyed the City's representation on its Board by
Mayor Oberndorf, as well as Councilwoman Henley and currently Councilman
William D. Sessoms. The PLANNING COUNCIL is a non-profit, regional, social
welfare and health planning organization which has been identifying needs in
the Hampton Roads area for forty-nine years.
Through its efforts, the 911 Universal Emergency Number was implemented. The
Southeastern Virginia Areawide Model Project for the elderly was planned and
funding developed. The Southeastern Virginia Tidewater Opportunity Project was
similarly planned, funding secured and then it was spun off as an independent
organization. The Medical College of Hampton Roads used the PLANNING COUNCIL
as its Planning staff when the original plans for the Medical School were
developed and the legislation passed in the General Assembly to create the
Medical Authority. The PLANNING COUNCIL wrote the design for the first Navy
Family Services Center, which was used as the prototype for Navy Family
Services Center worldwide. The PLANNING COUNCIL has just completed three years
of successful administration of the Hampton Roads Centers including the Oceana
Jet Base.
Martha Goodman introduced Jean Canoles Bruce, Executive Director, who provided
City Council with information regarding current programs of the PLANNING
COUNCIL.
Mrs. Bruce advised the PLANNING COUNCIL currently administers the child care
program on behalf of the Department of Agriculture. This program reimburses
family day care providers for the nutritious meals served children in their
care. The PLANNING COUNCIL is the largest sponsor on the east coast, sponsoring
some 1900 family day care providers, one hundred of whom are located in
Virginia Beach and who regularly care for approximately 530 youngsters. These
day care providers were reimbursed last month on the average of $249 per
provider. The Planning Council is a licensed family day care system and is able
to recruit, monitor, train and approve family day care providers who wish to
voluntarily meet the minimum standards set for the State for family day care
systems. The PLANNING COUNCIL sells resource and referral services. Currently
39 corporate sponsors have purchased child care resource and referral for their
employees from the PLANNING COUNCIL. Currently, the PLANNING COUNCIL serves as
the administrator of the child day care fee system for the City of Chesapeake
and Norfolk. Last week a contract was signed to administer all twenty services
for the City of Norfolk. The PLANNING COUNCIL is the home of the Information
Center of Hampton Roads, a computerized data bank containing all human services
in Planning Districts 17, 18, 20, 21 and 22 - approximately 3500 agencies
providing in excess of 50,000 services. The Information Center of Hampton Roads
is also home of the Eastern Virginia Pregnancy Hotline which responds to
questions from expectant Mothers relative where services can be received. The
PLANNING COUNCIL is currently piloting a demonstration program for the State in
Medicaid Transportation Assistance. This assistance is being provided to
residents of Virginia Beach, as well as the other four Hampton Roads cities.
Mayor Oberndorf advised the City of Virginia Beach is working with the
Legislators to make the funding formula for indigent care patients more
equitable. Mrs. Bruce advised the PLANNING OOUNCIL would be most pleased to
assist on behalf of Virginia Beach with the General Assembly Delegation.
F
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T H E P L A N N I N G C 0 U N C I L
B R I E F I N G
ITEM # 32387 (Continued)
Mrs. Bruce advised the Adolescent Health Care Center at Lake Taylor High School
is funded by three private foundations who purchased general health services
from the Public Health Department to make available to the students at Lake
Taylor. Seventy-eight percent (78%) of the parents in Lake Taylor have
enrolled their children in this Center. The primary use of the Center is for
general health care. One of the provisos of this Center was that neither now
nor in the future could any public education funds be utilized.
The Evaluation of the Adolescent Health Care Center is being conducted by
Douglas Kirby, who has evaluated all the Centers nationwide.
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V 0 L UN T E E R C 0 UN C I L
B R I E F I N G
ITEM # 32388
Giles Dodd, Assistant City Manager for Administration, advised the VOLUNTEER
COUNCIL was organized in 1978 to make more effective use of volunteers. Serving
on the VOLUNTEER COUNCIL are a voting staff representative from each of the
Departments of the City. The VOLUNTEER COUNCIL conducts quarterly meetings with
monthly meetings of an Executive Committee. Mr. Dodd introduced Mary Russo,
Co-ordinator of the VOLUNTEER COUNCIL.
Mary Russo was involved with the inception of the VOLUNTEER COUNCIL. The
purpose of the VOLUNTEER COUNCIL is to assist in expanding Volunteer services
in City Departments. The Departments have worked well with Volunteer programs
and incorporated them into City operations along with paid staff. Consultation
and training is provided as well as co-ordination of reports from each
Department of the numbers of volunteers and the value of their services.
Volunteer handbooks are furnished and recognition provided for the vital part
Volunteers play in making the City government function. The goals state
Volunteers will supplement and complement rather than replace City staff. The
City program gives volunteers the opportunity to provide goods and services to
the Community, use their skills, abilities and expertise to accomplish their
own, as well as the City's goals. Volunteerism is promoted through a slide
presentation, speakers are available upon request and brochures are placed
periodically throughout the City Departments. It has been suggested Volunteer
Tour guide positions be created for the Municipal Complex. This proposal is
supported by the VOLUNTEER COUNCIL and will be evaluated. The VOLUNTEER COUNCIL
is striving to have job descriptions for Volunteer positions.
In addition to the Annual Civic Recognition Dinner and Awards, there are also
recognition programs given by the individual departments to show appreciation
for the valuable time and service donated.
Thirty-one agencies are utilizing volunteers. Those Departments with the
highest number of Volunteers are:
Parks and Recreation: 857
General Services: 687
Emergency Medical Services: 610
Agriculture 331
Mental Health/Mental Retardation 289
Virginia Marine Science Museum 266
A total of 3,716 Volunteers donated 183,698 hours valued at approximately
$7.5-MILLION in 1989.
- 5 -
ITEM # 32389
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. 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)
City Attorney Briefing - Liability aspects - Planning for Labor Day 1990.
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss and John L. Perry
Councilman John D. Moss ENTERED the EXECUTIVE SESSION at 10:53 A.M.
Councilman John L. Perry ENTERED the EXECUTIVE SESSION at 11:30 A.M.
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHERF-AS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHERFAS: 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.
MOTION;
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council voted to
proceed into EXECUTIVE SESSION to consider:
1. LEGAL 14ATTERS: 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) City Attorney Briefing - Liability aspects - Planning for Labor
Day 1990.
VOTE: 9-0
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, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None John D. Mossi@ and John L. Perry"
Council Members ABSENT for the Meeting:
*John D. Moss ENTERED the EXECUTIVE SESSION at 10:53 A.M.
*John L. Perry ENTERED the EXECUTIVE SESSION at 11:30 A.M.
Ru@Hodges Smi7th, CMC/AAE
City Clerk
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ITEM # 32390
Mayor Meyera E. Oberndorf called the City Council to order for the purpose of
Certifying the Executive Session pertaining to a Legal Matter (11:35 A.M.).
CERTIFICATION OF
@UTIVE SESSION
Upon motion by Councilman Baum, seconded by Councilman Sessoms, 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 Members Voting Nay:
None
Council Members Absent:
None
MAYOR MEYERA E. OBERNDORF CONVENED THE CITY COUNCIL WORKSHOP
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C IT Y C 0 UN C I L W OR K S HOP
LABOR DAY 1990
11:35 A.M.
ITEM # 32391
Daniel Stone, Director of Social Services, and C. Oral Lambert, Jr. , Director
of Public Works, have been assigned the responsibility of establishing a
Management Program which will provide centralized coordination of all
activities associated with LABOR DAY 1990.
The City Manager distributed and reviewed the document compiled relative LABOR
DAY 1990. Said document is hereby made a part of the record. The "first tab"
provides a synopsis of the discussion during the City Council Session of
February 5, 1990. The "second tab" provides another copy of the LABOR DAY
COMMISSION REPORT.
The "third tab" includes the five general recommendations and the twenty-one
specific recommendations for the LABOR DAY REVIEW COMMISSION. These are
delineated according to whether they require Councilmanic Action, were short or
long term in nature or involve Staff or Committee involvement. The "fourth tab"
is a Comparative Analysis of four reports offering recommendations for LABOR
DAY 1990.
The "fifth tab" entails a SPECIAL EVENTS PLANNING HANDBOOK. The purpose of this
SPECIAL EVENTS PLANNING HANDBOOK is to assist individuals and organizations in
planning and coordinating special events in a manner to ensure the health and
safety of the participants as well as the citizens of the City of Virginia
Beach.
The "sixth tab" incorporates thoughts as to whether LABOR DAY 1990 would be
considered a success.
The "seventh tab" includes a listing of statements of interest or proposals.
The 1'eighth tab" includes letters from the U.S. Department of Justice
indicating their willingness to provide assistance to the City and also
identifying two upcoming events which might be appropriate for the City Staff
or City Council to provide representation:
Greek Leadership Silmmit
St. Louis, Missouri
February 15, 1990.
Fifteenth National Conference on
Blacks in Higher Education
March 28 - April 1, 1990
Washington Hilton Hotel
Washington, D.C.
A listing of the membership of the INTERRACIAL BUSINESS AND CIVIC COALITION is
also provided.
Mayor Oberndorf presented a DRAFT Resolution establishing a Labor Day Community
Biracial Coordination Committee. Said Resolution delineated the tasks of the
Committee. This Committee could be APPOINTED by the City Council.
This Resolution and any alternatives from other Members of City Council shall
be SCliEDULED for the City Council Agenda of February 22, 1990.
Councilwoman McClanan advised she will have an alternative proposal to present
February 22, 1990.
The City Manager will provide WORKSHOPS relative the twenty-one specific
recommendations for the LABOR DAY REVIEW COMMISSION.
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C IT Y C 0 UN C I L W OR K S HOP
LABOR DAY 1990
ITEM # 32391 (Continued)
BY CONSENSUS, Mayor Oberndorf will extend an invitation to Governor Wilder to
attend LABOR DAY 1990 and request his suggestions and recommendations as to
other individuals to invite.
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C IT Y C 0 UN C I L C ON C E R N S
ITEM # 32392
Councilman Sessoms referenced the SHRINER'S SEAF'OOD FEST at Oceanbreeze
Festival Park on Saturday, April 7, 1990, between 11:00 A.M. and 4:30 P.M. The
event is planned as an "all-family oriented event". There will be live music.
BY CONSENSUS, The City Manger shall proceed with issuing a special events
permit to Khedive Temple/Beach Music to conduct the SHRINER'S SEAFOOD FEST.
ITEM # 32393
Councilwoman Henley referenced constituents' concerns relative the "CERTIFICATE
OF OCCUPANCY" Ordinance effective January First. Councilwoman Henley requested
a Status Report relative the offenses for which individuals are being cited.
ITEM # 32394
Councilwoman Henley referenced the article in the newspaper, Sunday, February
11, 1990, relative the school site requirement of fifty (50) acres which City
Council had interpreted as the mandate. Councilwoman Henley inquired if fifty
(50) acres was the mandate for a High School Site, thirty-five (35) acres the
requirement for a Junior High/Middle Schools, and fifteen (15) acres the
requirement for Elementary Schools.
Councilwoman Henley had expressed reservations relative the 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). (ADOPTED by
City Council on January 22, 1990.)
Councilman Baum advised a High School site smaller than fifty (50) acres would
not be feasible especially due to parking.
Councilman Balko advised Cox, Green Run and Salem High Schools were all built
with requirements of fifty (50) acres.
Councilwoman McClanan requested information relative drainage and other city
requirements, as well as parking calculations and their impact on the desired
acreage for a School site.
Councilwoman McClanan requested a copy of the State guidelines regarding School
sites.
ITEM # 32395
Councilman Moss advised the CENTRAL BUSINESS DISTRICT COMMISSION met Thursday,
February 8, 1990, and are off to a successful start. Copies of the Agenda will
be provided to City Council.
ITEM # 32396
Councilman Moss advised the STRATEGIC PLANNING CONMITTEE for Excellence in
Education has completed the FINAL DRAFT of their report relative proposals of
the School System to the year 2000.
ITEM # 32397
Councilman Moss referenced the good news of the final coat of "blacktop" on
South Independence Boulevard.
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C IT Y C 0 UN C I L C ON C E R N S
ITEM # 32398
Councilman Moss referenced the newspaper article in the Business Section
concerning "Welcoming to Virginia Beach" a new business. This promotes and
informs the citizens of the City's accomplishments. The Director of Economic
Development, Andrew Burke, and his staff did an outstanding job.
ITEM # 32399
The City Clerk will contact all Members of the City Council to notify them of
their travel arrangements regarding attendance at the VIRGINIA MUNICIPAL LEAGUE
on Thursday, February 15, 1990.
ITEM # 32400
Councilwoman Parker referenced PASSOVER commences at sundown on April 9, 1990.
Councilwoman Parker suggested RESCHEDULING the City Council Session of April 9,
1990, (PASSOVER) to the fifth Monday, April 30, 1990. This will be placed on
the Agenda of February 20, 1990, for consideration.
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C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 32401
Mayor Oberndorf had DRAFTED a letter to the City's Delegation in the General
Assembly to attend an Informal Meeting with Members of City Council beginning
Saturday, February 17, 1990, at 9:00 A.M. in the Green Room of the Central
Library and continuing the next three Saturdays.
Mayor Oberndorf will personally telephone the City's Delegation. Members of
City Council will also extend the invitation during the VML Dinner on Thursday,
February 15, 1990.
ITEM # 32402
Mayor Oberndorf met with Chairman James N. Fletcher - Virginia Beach School
Board, Dr. Carlton Bowyer - Superintendent of Schools, and Dr. Fred G. Benham -
Assistant Superintendent for Financial Services, Aubrey V. Watts - City
Manager, E. Dean Block - Assistant City Manager for Analysis and Evaluation as
well as the Mayor reference City Council's proposal to establish a City
Council/School Board Committee basis to study the School budget.
Apparently, it was felt this year the Budgeting process was as carefully co-
ordinated as possible. In future years, the impact will be enormous and
committees must be instituted because of the lack of impact funding from the
Federal Government and the continual decrease in funding from the State level
combined with other issues.
Councilman Moss advised approximately 90% of the School Board's budget is
salaries.
Councilwoman Henley advised there should be continuing dialogue.
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ITEM # 32403
The INFORMAL SESSION of the VIRGINFA BEACH CITY COUNCIL was cal led to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on
Monday, February 12, 1990, at 1:05 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Roba
S. McClanan, John D. Moss, %yor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 13 -
ITEM # 32404
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended , for the fo I I owi ng purposes:
I PERSONNEL MATTERS: Discussion, consideration or intervie,, of
prospective candidates for employment, assignment, appointment, promotion,
perforTnance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees, or employees pursuant to Section 2.1-
344(A)(1). (1) Appointments: Boards and Commissions - Advertising Advisory
Review Committee, Personnel Board, Virginia Beach Community Development
Corporation. (2) Performance Evaluations: City Manager, City Clerk and
City Assessor.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of the plans for the future of
an institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.1-344(A) (3). (1)
To Wit: Condition, acquisition, or use of real property: Lynnhaven
Borough.
3. LEGAL MATTERS: Consultation with legal counsel or brief ings by staff
members, consultants or attorneys, pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by couns@,l pursuant to Section 2.1-344 (A) (7). Actual or
probable litigation or other specific legal matters are the following: (1)
City Attorney Briefing - Liability aspects - Planning for Labor Day 1990.
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, 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 Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 14 -
VIRGINIA BEACH CITY COUNCIL
February 12, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
February 12, 1990, at 2:00 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: Rabbi Aaron Margolin
Chabad Lobavitch of Tidewater
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
1 5
Item VI-D.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 32405
Upon motion by Counc i I man Moss, seconded by Counci ]man Ba l ko, Ci ty Counc 1 1
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. McC]anan, 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
CERTIFICATION OF EXECUTIVE SESSION
WHEREAS: The Virginia Beach City Council convened into 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 froni Open Meeting requirements by Virginia law were discussed in Executive Session t,
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.
MOTION;
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, 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). To wit: (1) Appointments: Advertising Advisory Review
Commission, Personnel Board, Virginia Beach Community Development Corporation. (2)
Personnel Evaluations: City Clerk, City Assessor, City Manager.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use
of real property for public purpose, or of the disposition of publicly held property, or
of the plans for the future of an institution which could affect the value of property
owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3).
(1) To Wit: Condition, acquisition, or use of real property: Lynnhaven Borough.
3. LEGAL MA70RS: 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) Cit.y Attorney Briefing - Liability aspects - Planning for Labor Day 1990.
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, Jr.
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None None
Council Members ABSENT for the Meeting:
None
City Clerk
- 16 -
Item VI-E.l.
MfNUTES ITEM # 32406
Upon motion by Councilwoman Parker, seconded by councilman Sessoms, City
Counci I APPROYED the Minutes of the INFORMAL & FORMAL SESSIONS of February 5,
1990.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLn, 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.
Oouncil Members Voting Nay:
None
Council Members Absent:
None
1 7
Item V-H.
PUBLfC HEARING
PLANNING ITEM # 32407
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING - RECONSIDERATION
(a) PLEASURE HOUSE PROPERTIES CHANGE OF ZONING DISTRICT
CLASSIFICATION
2. PLANNING
(a) F. WAYNE McLESKEY, JR. STREET CLOSURE
(b) H. RYAN POWELL CONDITIONAL USE PERMFT
(c) ROBERT AND JANET KOTTKE CONDITIONAL USE PERMIT
(d) TIDEWATER HEALTH CARE, INC. CONDITIONAL USE PERMIT
(e) STAR ENTEPRISES CONDITIONAL USE PERMITS:
Gasoline Sales/Car Wash
Car Wash
(f) LESSIE M. GIMBERT CHANGE OF ZONING DISTRICT
CLASSIFICATION
(1) SUBDIVISION ORDINANCE AMENDMENT SECTION 4.4 (c) Corner lots
(2) CITY ZONING ORDINANCE AMENDMENTS ARTICLE 7 - Hotel Districts
ARTICLE 8 - Office Districts
ARTICLE 9 - Buslness Districts
ARTICLE 10 - Industrial Districts
- 18 -
Item VI-F.I.a.
PUBLIC HEARING
PLANNING ITEM # 32408
RECONSIDERATION
Robert Sutherland, 1704 Bonhoff Court, Phone: 481-2781, owner of Maple Terrace
Apartments, represented the applicant and advised Mr. Dan Templeton has
contracted to purchase the apartments subject to the Change of Zoning District
Classification to A-18. Mr. Sutherland advised Mr. Templeton wished to remove
the approximate 50-year old home and add one four-unit building with a
shrubbery line to meet or exceed City specifications. A plan depicting same
was distributed to City Council.
OPPOSITION:
Robert Smith, 5032 Lauderdale Avenue, Phone: 464-4989, President - Chesapeake
Beach Civic League, presented a petition in OPPOSITION. Said petition is
hereby made a part of the record. The Civic League requested DENIAL due to the
parking problem, the overuse of the land, incorrect traffic data, traffic-
pedestrian safety on Pleasure House Road, inadequate sewer system and the
existing zoning offers a buffer zone.
Thomas E. Blais, 484 Old Harris Lane, purchased home on Old Harris Road.
Carol Gallagher, 4959 Athens Bouelvard, Phone: 460-0262
Dr. Michael Buxton, 5014 Lauderdale Avenue, Phone: 499-4889 (W) 464-1051 (H),
Betty Caton, 4641 Lookout Road, owner of three duplexes at the end of Lookout
Road which is the end of the line for the pumping station. The hole in the
Street has flooded her end apartment three times.
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council DENIED the Ordinance upon application of PLF-ASURE HOUSE PROPERTIES for
a Change of Zoning: (This Ordinance had been ADOPTED on January 8, 1990 and
City Council had SCHEDULED the RECONSIDERATION on January 22, 1990.)
ORDINANCE UPON APPLICATION OF PLEASURE HOUSE
PROPERTIES FOR A CHANGE OF ZONING DISTRICT
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-18
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.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
Council Members Absent:
None
- 19 -
Item VI-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 32409
Attorney Robert Crowmell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council DEFERRED an additional ninety (90) days until the City Council Meeting
of May 14, 1990, the application of F. WAYNE McLESKEY, JR. for the
discontinuance, closure and abandonment of an unimproved portion of Shore
Drive:
Application of F. Wayne McLeskey, Jr. for the
discontinuance, closure and abandonment of an
unimproved portion of Shore Drive located on the
south side of Shore Drive extending between Mystic
Cove Drive and Ocean Tides Drive. Said parcel
contains 7984.66 square feet. BAYSIDE BOROUGH.
This DEFERRAL will enable review of the required subdivision plat to be
completed.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @yor 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
- 20 -
Item VI-F.2.b.
PUBLIC HEARING
PLANNING ITEM # 32410
H. Ryan Powel 1, 630 C North Wi tchduck Road, the appl icant, represented h imseif
and requested WITHDRAWAL.
The City Clerk referenced Mr. Powell's letter of February 6, 1990, requesting
WITHDRAWAL. Said letter is hereby made a part of the record.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ALLOWED WITHDRAWAL of an Ordlnance upon appl ication of H. RYAN POWELL
for a Conditional Use Permit;
ORDINANCE UPON APPLICATION OF H. RYAN POWELL FOR A
CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES AND
SERVICE AND BULK STORAGE
Ordinance upon appl ication of H. Ryan Powel I for a
Conditional Use Permit for automobile sales an
service and bulk storage yard on the south side of
North Witchduck Road, 693.08 feet west of
Jacquel ine Avenue. Said parcel 1 s I ocated at 63
North Witchduck Road and contains 42,096 square
feet. More detailed information is available in the
Department of Planning. BAYSIDE BOROUGH.
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
- 21 -
Item VI-F.2.c.
PUBLIC HEARING
PLANNING ITEM # 32411
The following spoke in SUPPORT of the application:
Howard Tew, 2303 Sandollar Court, Phone: 496-0150, President of Tew
Construction, General Contractor and Construction Manager for the project,
represented the applicant. Three adjacent property owners endorsed the
project. There will be a lefthand turn lane off Providence Road onto
Churchill which will then allow traffic to proceed on Providence. Mrs. Kottke
has agreed to pay for said improvements. A different configuration of the
parking lot has been proposed to reduce the number of curb cuts from two to
one.
Jan Kottke, 5009 Providence Road, Director - Bellamy Manor Preschool.
The following spoke in OPPOSITION to the application:
Dorothy R. Gurganus, 1112 Rollingwood Arch, Phone: 495-0275
W. R. Skelley, Jr., 1121 Cresthaven Lane, Phone: 495-0246
Melvin Friedman, 1120 Cresthaven Lane, Phone: 495-0272
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of ROBERT KOTTKE 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 R02901282
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
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.
The following conditions shall be required:
1. Hours of operation shall be limited to (Monday
through Friday):
175 Students 8:30 AM - 12:00 Noon
80 Students 12:00 Noon - 3:15 PM
40 Students 3:15 PM - 5:30 PM
2. An automatic sprinkler system and automatic fire
alarm is required and shall meet approval of the
Fire Department and City Fire Protection Engineer,
and be in compliance with the Virginia State Code.
3. The applicant shall widen Providence Road with a
left turn lane onto Churchill Drive to include a
right deceleration lane into the property. Only one
curb-cut for entrance/exit shall be allowed onto
Providence Road. Exiting traffic shall be
restricted to right turn only.
4. Security fencing is to be provided in any outside
areas designated for the students' outside
activities. Drive aisles and parking are to be
separated from play areas by fencing.
- 22 -
Item VI-F.2.c.
PUBLIC HEARING
PLANNING ITEM # 32411 (Continued)
5. Seventy-five (75) square feet of outdoor "play
space" per child in the outdoor area at any one
time is required.
6. Playground equipment shall be located on the South
side of the property.
7. Adequate fencing with Category IV screening is
required, subject to the discretion of City Staff,
to protect the safety of the children.
8. No external signage. The sign shall be flat onto
the building and no signs on the street.
9. No lighting shall overcast onto the residential
neighborhood or the buffer area.
10. There shall be no external speakers or bells of any
kind.
11. Parking shall be limited to twenty-six (26) parking
spaces.
12. No curbing for the parking lot shall be any closer
than twenty (20) feet to the property line.
13. There shall be no variances by the Applicant.
14. A reservation of 28 feet of right-of-way for
!7rovidence Road to an ultimate width of 96 feet is
required.
15. The building shall be 5300 square feet, of brick
veneer construction with height not to exceed
twenty-four (24) feet with flexibility of the roof
line and where the roof extends over the windows.
A rendering shall be submitted by the Applicant to
become a part of the proceedings of February 12,
1990
16. The Applicant shall work with residential neighbors
and the City Staff to satisfy ali concerns
expressed February 12, 1990, prior to the approval
of this application.
17. The Applicant shall submit enrollment records to
the Planning Department quarterly.
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 Twelfth
of February, Nineteen Hundred and Ninetv
- 23 -
Item Vl-F.2.c.
PUBLIC HEARING
PLANNING ITEM # 32411 (Continued)
Gounc! I man Moss expressed appreci ation to aII Kempsvi II e residents, Co unc i I
Members Parke r and Hen I ey, John He rzke - Traf f ic Eng inee r and Robert Scott -
Director of Planning, and the appl icant who attended the February 7, 1990,
Meeting relative the appl ication. The report prepared by Traffic Engineering
Division of the Publ ic Works Department on February 7, 1990, concerning this
appl ication shal I be made a part of the record.
Voting: 10-1
Counc i I 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:
Reba S. McClanan
Council Members Absent:
None
BELLAMY MANOR PRESCHOOL
PROPOSED USE PERMIT APPLICATION
FOR
CITY COUNCIL ACTION
ON
FEBRUARY 12, 1990
REPORT PREPARED BY
TRAFFIC ENGINNERING DIVISION
OF
THE PUBLIC WORKS DEPARTMENT
ON
FEBRUARY 7, 1990
BACKGROUND AND PURPOSE
The Bellamy manor PresChool has applied for a Use Permit to
operate their activities on a residentially zoned parcel located
on the south side of Providence Road, approximately 180 feet west
of Churchill Drive. This preschool facility is presently
operating in the Cavalry Assembly of God Church which is located
on the south side of Providence Road across from Admiration
Drive. That church site is approximately 1,000 feet to the east
of the proposed preschool facility. The proposed hours of
operation will be from 8:30 a.m. to 5:30 p.m., Monday through
Friday. The original enrollment plans for this preschool was
proposed to be 150 students, however, there is a desire by the
applicant to increase the enrollment to 175 students to help
defray tbe costs of right of way improvements which may be
required for this site. This report will examine both levels of
enrollment.
TRAFFIC ANALYSIS
Traffic counts were taken at tbe existing preschool facility
at cavalry Assembly of God Church during the week of January 29
to February 2, 1990 by personnel from the Traffic Engineering
Division. These traffic counts were taken during three periods
of the day: 1) 8:30 a.m. to 9:30 a.m.; 2) 11:30 a.m. to 12:30
p.m.; and 3) 4:00 p.m. to 5:00 p.m. Tbe following is a summary
of the traffic volumes in and out of this existing site, which
also includes the staff and members of the church (which is
limited) which are not associated with the preschool:
TIME VEHICLES ENTERING VEHICLES EXITING
8:30 a.m.- 9:30 a.m. 28(right)+42(left) 34(right)+29(left)
11:30 a.m.-12:30 p.m. 40(right)+28(left) 45(rigbt)+26(left)
4:00p.m.- 5:00 p.m. 0 0
These site traffic volumes, along with the existing background
traffic volumes along Providence Road at this location are
depicted in the Appendix of this report on Illustrations I-A, I-B
and I-C.
Also, the existing traffic volumes at the intersection of
Providence Road and Churchill Drive were compiled for tbese
periods of access for this preschool. These traffic volumes were
taken from 1989 traffic counts and are shown in the Appendix on
Illustrations II -A, II-B and II-C.
Page 1
TRAFFIC ANALysiS (con't.)
The existing preschool has an enrollment of approximately
120 students. using the existing traffic volumes for the
preschool, coupled with the background traffic on Providence Road
at Churchill Driver a projection was made based on the
ith an enrollment of 150 students.
anticipated volume of traffic w enrollment of 150
A summary of these anticipated volumes for an
students is as follows:
Vehicles Entering Vehicles Exiting
Time ht Left ht onl
8:30 a.m.- 9:30 a.m. 35 53 79
11:30 a.m.-12:30 p.m. 50 35 89
4:00 p.m.- 5:00 p.m- 14 10 26
These traffic volumes are graphically depicted on Illustrations
III-A, III-B and III-C in the Appendix.
Finally, an assessment was performed for an enrollment of
175 students at this preschool facility. The traffic projection
was also estimated based on the existing traffic volumes with a
straight ratio of the proposed enrollment over the existing
enrollment. The summary for those estimated traffic volumes for
an enrollment of 175 students is as follows:
Vehicles Entering Vehicles Exiting
Time @ht Left
8:30 a.m.- 9:30 a.m. 41 61 92
11:30 a.m.-12:30 p.m. 58 41 104
4:00 p.m.- 5:00 P.M. 19 13 35
These traffic volumes are graphically depicted on Illustrations
IV-A, IV-B and IV-C in the Appendix.
Page 2
TRAFFIC ANALYSIS (con't.)
The impacts of traffic volumes generated by this preschool
are marginal based on a comparison with existing traffic at the
intersection of Providence Road and Churchill Drive. The
following is a summary of the increased volumes of traffic that
can be expected with this preschool:
Back Inter Inter Percent
Ground Section Section Increase
Inter Volume Volume With With
Section With 150 With 175 150 175
Time yolume nroliment Enrollment Enrollment
8:30 a.m. -
9:30 a.m. 1,366 1,423 1,430 4.17% 4.69%
11:30 a.m. -
12:30 p.m- 1,133 1,174 1,181 3.62% 4.24%
4:00 p.m. -
5:00 p.m. 1,672 1,684 1,688 0.72% 0.96%
AS can be readily observed from this traffic volume information,
this preschool will only increase the intersection volume by
4.69% in the morning period, even with an enrollment of 175
students. The afternoon peak period is barely significant with
an expected traffic increase of less than 1%.
To accommodate the additional traffic entering this site,
it is recommended that right and left turn lanes be constructed
on Providence Road. These turn lanes will permit entering
traffic to store in separate lanes witbout inhibiting the flow of
traffic along Providence Road. with the construction of the
westbound left turn lane into this site, the asphalt widening
along Providence Road is sufficient to produce a side benefit of
a short eastbound left turn lane on Providence Road at Churchill
Drive. ACcordingly, the additional turn lanes result in an
improvement for the flow of traffic at this intersection.
Page 3
ACCIDENT ANALYSIS
With this proposed preschool being very close to the
intersection of Providence Roadr there has been concern over the
potential for increased accident activity. While it is difficult
to accurately predict the number of accidents that may or may not
occur in the future, there are assessments that can be made based
on historical information and data.
Over the past three years (1987, 1988 and 1989), there have
been a total of 15 accidents. A summary of the accident history
is included in Table A of the Appendix of this report. Of the 15
accidents, 11 or 73% have been rear end accidents. Usually, rear
end accidents are more predominant at signalized intersections.
Although this intersection currently does not meet the Federal
warrants for signalization, it does experience relatively high
traffic volumes and when Indian Lakes Boulevard is extended to
connect with Providence Road in 1992, it will be signalized at
that time.
In order to assess the relative magnitude of the level of
accident activity at this intersection, a comparison was made
with other intersections with similar traffic volumes. The only
available data was on signalized intersections; however, the
congestion levels are similar. A list of 37 intersections was
developed with volumes ranging from 20,000 to 25,000 vehicles per
day entering each intersection. The intersection of Providence
Road and Churchill Drive has a volume of approximately 23,000
vehicles per day. The summary of the accident data for these 37
intersections is sbown on Table B of the Appendix.
The accepted practice for accident analysis is to use the
accident rate rather than the total number of accidents. The
accident rate is more meaningful since it relates tbe total
number of accidents to the volume of traffic entering the
intersection. As can be seen in Table B, the intersection of
Providence Road and Churchill Drive was 23rd out of the 37
intersections in terms of accident rates. Even when this
location is signalized in two years, it would not be expected to
increase since the predominant type of accident currently being
experienced is rear end collisions. Rear end collisions are
generally associated with congested locations and signalized
intersections. Based on this assessment of the accident data for
comparable intersections, this location would be classified as
having a moderate to low accident rate and it is not expected
that the preschool facility would substantially increase the
accident rate.
Page 4
SUMMARY AND CONCLUSIONS
The addition of a preschool at this location will only have
a slight increase in the traffic volumes at the intersection of
Providence Road and Churchill Drive. To mitigate the effects of
the peak period turning movements into this site, right and left
turn lanes should be installed on Providence Road. In addition
to removing this turning traffic from the through movements along
Providence Road, a new eastbound left turn lane is created at
Churchill Drive and a public benefit is derived.
Traffic exiting this site should be limited to right turns
only. In 1992 Indian Lakes Boulevard will be extended to the
north to intersect with Providence Road. In addition to the
installation of a signal when the intersection is constructed,
the medians will be installed on Providence Road within the
limits of the intersections, which will extend to this site. The
right turn only restriction for traffic exiting this site will be
further enforced by the installation of the raised concrete
median. Exiting traffic wishing to proceed to the west can make
a U-turn maneuver at the new traffic signal with the protected
left turn arrow.
Page 5
jwh/rgg
APPENDIX
ILLUSTRATIONS: I-A, I-B, I-C
II-A, II-B, II-C
III-A, III-B, III-C
IV-A, IV-B, IV-C
TABLES: A, B
PROPOSED SITE LAYOUT DESIGN "A'
PROPOSED SITE LAYOUT DESIGN "B" - PREFERRED
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I 1: All' i@, N L) w L3
----------- -------- 0
1 At, ---------
----------- ----------- -----------
W13 INIIIPISC. RAINING
WO/L@BL INTI@SC. RAINING
NI) LAI@
3@ L' B Iioo L,,w CL
- - - - - - - - - - ----------- - - - - - - - - -
2 0
1 AL, l@A & l@Ll I
- - - - - - - - - - - ---------
J4 @3 i"i@'A@@ LNL) WB loo FE CLEAR
INTRSC. CLEAR I
B INTRSC. I CLEAR
2 b L-', L3 100 vw CLLAI@
2 i - L'13 INTRSC. CLL'AIZ 1
----------- - - - - - - - - - - -- - - - - - - - - -- - - - - - - - -
I 3 2 0
!'A L,, i@L la 1 @)T @ I
----------- ----------- ---------- 1---------
TABi-,e .3-
'3RTEn '@Y @ATE PE@' @c @IL. 'ITY OF VA BEACH, VA
DEPARTMENT OF PUBLIC WORKS
T@AF;I' E40INEERING DIYISION
--IAFFT- II
7NTERSECTIOI, ACCIDEMT ONAIYSIS 05-Feb-90
YEAR 1988 BY: M.SHA.HSIAH
-------------------------------- ---------------------------------------------------------------------------------
G DAI
C I DN T 5@ INJURY @ AY LY@ ACCIDENTS INJURY
ACCIDENTS/ COMMENTS
@@CCIDENTS! TRAFFIC 1 PER
PD INJ -,AT ',(NUMBER) @ ENTERINS @100 IILLION@100 MILLION!
---- -------- ---------------- --------- --------- i---------- ----------- ----------- 1-----------------
79 @x- MTC/CAR-WB/EBL
(',PREEL BEACF, 6 I 71 '14471 168
2 RE. 5 20805 i 132 661
3 V I D 01 3 2"007 1 124 37
LNDET @I ANN@ 4 0 5 20285 1 1221 691
P,' A 0 4 22593 1211 47
4 C, 4 22606 48
N BRIJI,@ 64 0 4 '3755 115 46
3@E@WIN D@. ROVI @N@ 0 20481 107i 27
i11 m 0 \'., s p i-NL4,,W@ 3i61 0 61 24961 1 99 66
@@,DNE@@; I 8 kI 0i 2;* '15000 ; 89 2"
i @LLAND R'.' . l-@ 1 A,@NE 43 0! 3 23370 : 82 35
i2 -,'A @ L A N -i @ - @", @ - - - @, -', T 'f , ?i 6 0i I 24152 1 9 11
2R.-bOU' 6 41 0 2 '@1632 6 251
6 4i 0 4 '@4000 68 461
11
-JBEF,- .-F @OTDE 'E 1 @E.@ LAr, 6 24168 68
r"CIFI- 11
C, L 4"12 68i
j'LE@ 2 246,'Q 1 66 22
16 @1104 6@ i3
0
Illi@c @f@C, A@. 5101 0 21"@17 1 63
@b .,,ER 0i 0 0i* '12000 62 0
3 0 21 22502 1 61 24
!NCE- E@.@NY LA@ 21 0 21 22094 1 61 25
IVID- 5 0 2 23000 60 24 @UNS16NALIZED IN".
24 :@c IREL@. I.-@ "@AN LAKES BL@D. 4Ii 0i I1 24574 561 11
2'@ !A ANT@- -.-73N' 4 3I 0 I 22024 1 50 12
4
ANT'. ST I 22868 1 481 12
2' -H 4 21 2 24000 1 46 23
0
18 Ly 2 01 0 @0659 1
2 0 2 22024 1
@A- -ANT 1 '- '-' v -- . '@ -@ @' T .
N D 0 F .@ V I L L E R 7@
2 10 0 01 14152 23
'@'!Fl' .-J@ 112 2i 0 0 0 24435 0
@J IAL 1 -@L P. v E 0 01 * 24500 0
EG L 's A.N,@ '1822 3i 0i
_L) - @R 1 E 0 0: I
4,@OD.N i", -S@AMPI 1 QI 0 I1 22037 1 1 21 1 21
3@ 'SE4SHDR- -P.@@'l-SHORE DR, 0i 0i0 0 0:* 21000 1 0i 0
@6 : A7 -ANT 1 -9 @'@L ST 'RFD'ILK ',,VE. 00i 0 01 22523 0i 0
'E -T,
37 !F@-EN @RLN PKWY. 010 0 01 23794 1 0i 0i
- - - - - - - - - - - -- - - - - - - - - - - -- - - - -- - - - -
- - - - - - - - - -i- - - - - - - - - - -:- - - - - - - - - - -- - - - - - - - - - - - - - - - -
E 6 T 0 L ii
I I
I
I
@i.@ PAoPOSF-0 STP- LAYOLA'R f)F-616,@@
i
i
I.:'i..
c
I
REO
- 24 -
Item VI-F.2.d.
PUBLIC HEARING
PLANNING ITEM # 32412
Attorney Thomas Frantz, 900 One Columbus Center, represented the applicant
Kenneth Krakaur, Vice President, Corporate Operations - Tidewater Health Care,
1080 First Colonial Road, Phone: 496-6207
Upon motion by Councilman Balko, seconded by Councilwoman Henley, City Council
ADOPTED an Ordinance upon application of TIDEWATER HEALTH CARE, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER HEALTH
CARE, INC. FOR A CONDITIONAL USE PERMIT FOR A 60-
BED NURSING HOME R02901283
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGTNIA
Ordinance upon application of Tidewater Health
Care, Inc. for a Conditional Use Permit for a 60-
bed nursing home on certain property located on the
northeastern extremity of Old Donation Parkway.
Said parcel contains 2.6 acres. More detailed
information is available in the Department of
Planning. LYNNHAVEN BOROUGH
The following conditions shall be required:
1. An automatic sprinkler system and automatic fire
alarm is required and shall meet approval of the
Fire Department and City Fire Protection Engineer
in compliance with the State Code.
2. A minimum of 35 parking spaces is required.
3. Construction shall be one (1) story brick
structure.
4. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
5. Van transportation shall be provided.
6. There shall be landscaping on the West side of the
property with the Category to be determined by the
City Staff.
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 Twelfth
of February, Nineteen Hundred and Ninety.
- 25 -
Item VI-F.2.d.
PUBLIC HEARING
PLANNING ITEM # 32412 (Continued)
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, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf*
Council Members Absent:
None
*Mayor Oberndorf ABSTAINED as she is a Member of the Board of TIDEWATER HEALTH
CARE, INC. Mayor Oberndorf's AYE was changed to a VERBAL ABSTENTION.
- 26 -
Item VI-F.2.e.1
PUBLIC HEARING
PLANNING
ITEM # 32413
Attorney Robert B. Cromwell,
applicant and distributed a
record.
Pembroke One, Phone: 499-8971,
site plan which is hereby made
represented the
a part of the
Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of STAR ENTERPRISE for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF STAR ENTERPRISE OF A
CONDITIONAL USE PERMIT FOR GASOLINE SALES AND A CAR
WASH R02901284
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Star Enterprise for a
Conditional Use Permit for gasoline sales and a car
wash in conjunction with a convenience store on
certain property located at the southeast corner of
Witchduck Road and Aragona Boulevard. Said parcel
contains 36,198 square feet. More detailed
information is available in the Department of
Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
The two parallel parking spaces located at the
front of the convenience store are not acceptable.
Only 90 degree parking spaces will be permitted in
front of the store.
The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. There shall be landscaping consisting of crepe
myrtle and azaleas on Aragona and Witchduck Road.
4. The facility shall have public restrooms.
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 Twelfth
of February~ Nineteen Hundred and Ninety.
February 12, 1990
- 27 -
Item V-F.2.e.l
PUBLIC HEARING
PLANNING ITEM # 32413 (Continued)
Voting: 11-0
Counc i I Members Voting Aye:
Albert W. Balko, John A. Bam, 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
- 28 -
Item VI-F.2.e.2
PUBLIC HEARING
PLANNING ITEM # 32414
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and distributed a site plan which is hereby made a part of the
record.
Paul McWater, Marketing Representative of Texaco,
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of STAR ENTERPRISE for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF STAR ENTERPRISE FOR A
CONDITIONAL USE PERMIT FOR A CAR WASH R02901285
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Star Enterprise for a
Conditional Use Permit for a car wash at the
northeast corner of Princess Anne Road and South
Parliament Drive. Said parcel is located at 5288
Princess Anne Road and contains 1.07 acre. More
detailed information is available in the Department
of Planning. KEMSPVILLE BOROUGH
The following conditions shall be required:
1. The utilization of best management practices for
,ontrolling stormwater runoff which are reasonably
applicable to the development of the site;
2. The Car Wash shall be of brick veneer with style,
appearance and roof line compatible with the
existing structure;
3. A minimum fifty-three (53) feet of buffering shall
6e maintained between the car wash apparatus/drive
isle and the single-family property lines.
4. Landscaping shall be in compliance with staff
recommendations to maintain sufficient buffer.
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 Twelfth
of February, Nineteen Hundred and Ninety.
- 29 -
Item VI-F.2.e.2
PUBLIC HEARING
PLANNING ITEM # 32414 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLin, 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
- 30 -
ltem VI-F.2.f.
PUBLIC HEARING
PLANNING TTEM # 32415
Joe Jordana, realtor with Decker Realty represented the applicant. The subject
property is an undeveloped tract of land situated on the eastern side of the
Doyletown community.
Barry Cross, President and Owner of Ashton Builders, advised the same type of
product in Doyletown would be constructed, which would be in the $80,000 to
$85,000 range for "affordable" housing.
Arthur Shaw, City Engineer, advised the 100-year Flood Plain Elevation in this
area would be approximately "plus 7". Therefore, there is six to seven feet of
elevation over and above the 100-year Flood Plain. The issue of flooding would
most probably be one of drainage, which could probably be corrected by the
developer. The assurance of proper drainage will be investigated during site
plan review.
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of LESSIE M. GIMBERT for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF LESSIE M. GIMBERT
FORA CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-10 TO R-7.5 Z02901275
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Lessie M. Gimbert for
a Change of Zoning District Classification from R-
10 to R-7.5 Residential District on certain
property located on the north side of Robert
Jackson Drive, 820 feet more or less northeast of
the intersection with South Lynnhaven Road. Said
parcel contains 6.8 acres. More detailed
information is available in the Department of
Planning. LYNNHAVEN 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 Twelfth
of February, Nineteen Hundred and Ninety.
The City Staff will advise regarding the program relief in the Capital
Improvement Program for Plaza Junior High School which has a significant
volume of 1,613 but only a capacity of 1,260 students.
- 31 -
Item VI-F.2.f.
PUBLfC HEARING
PLANNING ITEM # 32415 (Continued)
Voting: 10-1
Counci I 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 William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
- 32 -
I tem
PUBLIC HEARING
PLANNING ITEM # 32416
George B. Delano, 521 Buffer Drive, Phone: 497-6120, represented the Larkspur
Civic League, and advised support of these Ordinances.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED:
ordinance to AMEND and REORDAIN Section 4.4(c) of
the Subdivision Ordinance pertaining to corner
lots.
Ordinances to AMEND and REORDAIN the City Zoning
ordinance of the City of Virginia Beach, Virginia:
Article 7 Hotel Districts
Article 8 Office Districts
Article 9 Business Districts
Article 10 Industrial Districts
Re corner lots 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
AN CMNWCE TO AMEM AND RM
S=ON 4.4 (c) OF OM SUBD CN CMINANCE k;
p TO cmwm I=
BE IT BY TM OOWCIL OF TM CMY OF BEACH,
Mmt Sectial 4.4 (C) of the Subdivisicn ordinarice be and
reordairied as fo3-lcws:
Sec. 4.4. Lots
(c) Corner lats @ reet the foll@
(1) lots shau be platted nat less than ten (10) feet wider than
the minimL3m by the zoning for intericr lots in
the district, that m @ increase -@l I be
@ lot for interior lots is cne twenty-five
(125) feet or
(2) Notwithstandincr the
frontage p in the B-1 through B--4'Business
D 1 and 0-2 Off
t
0
u
a
(i) 'rhe frorytacre shall be with a no-@@
with a@ to the site only throuah
adioining @ls,
On the side of the lot d@inci the ion, the lot
shall have at least 210 feet of frontage on the on whidi
it abuts ard has a@, as well as designation of space for
a right tum lane in substantial accordarice th ' I
below ; and on the side of the lot a@chinct the intersection,
the lot shall have at least 150 feet of frontacle on
street on which it abuts and has a@, as well as desigmtion
of ce for a rictht turn lane in al
@ I below, or
ArW @ination of (i) or (ii) ipay be utilized. where a
cctpbimtion is utilized, a@ adioinincr @ls my
not be
(iv) For any frontacre of such lot not abuttim a street shown on
the Street and Hi@v Plan as a folir-
roadway or areatey. shall be exenvt fran the
ts in (i) , (ii) and (iii) above.
............
VU desiamtion of @ce for a riciht turn lane is vade
in a with , dedication ancl,
of the spaoe shall be mde in accordanoe with the erieratecl.
by the of the City of Virginia Beach, V@-,
the,, day of ebruary 1990.
FIGURE #1
STREET
"APPROACH SIDE" ENTRANCE MINIMUM GEOMETRICS
-7
100' 'o. 30' 15'
7,
co
ui
zw
110
------------
D 32, .3-989. CH
AN CMIONCE -Io AND
AIMCLE: 7 OF TM CMY CMINWCE
p To IOM
BE rr BY TM OF = CMY OF B@, WW@:
@t SWUcn 702, DimMiOM1 ts, Of the
be and reordained in part as follcws:
702. D
foil l@ the r wi@ the H-1 D@ict
for lot area, width, yard spacing, lat coverage and
locigiM mit density fcr a3.1 uses and
H= DIS]IRICR H-1
(1) miniralm lot area: 1 acre
(2) lat width in feet:* 100
(3) minizim front yard setback in feet: 35
(4) Mininum side yard setback in feet: 20
(5) Mini=m side yard setbadc adjacent to a
street in feet: 20
(6) Minimm rear yard setback in feet: 20
(7) Maximm lot in percetrt: 50
(8) Maximm density for lodging units per acre: 80
(9) Fcr each @@ unit contained in a oombimticn devel
the mwber of all@ lodgim units shall be by 2.
apr)licable, riewly created correr also adhere to Section
width cn
certain corner lots.
Ad@ by the Cm=il of the of V@l= Beach, Virginia, on
the day of iggo.
99
3.2. 1989 cm PMUC
AN croINANCE TO AMM AND
ArMCLE 8 OF OM CrrZ ZCNIM CM
p m iam
BE IT BY 'M MMCIL OF 7M CTri OF BEACH, WMINIA:
@t @cn 802, D@ia-ial of the City
be rearda@ in part as follows:
Ser-. 802.
fol.1 cbart the W3.thin the 0-1 and 0-2 Offiae
D@iCts fcr @ lot area, width, yard spacing and lot coverage fcr
aU uses and structures.
OFT'ICE D CrS
0-1 0-2
(1) lot area in feet: 5,000 43,560
(2) Mini=3m lot width in feet:* 50 100
(3) Minimum yard setback in fel-t: 30 35
(4) Minimm side yard setback in feet,
unless a greater setback is
by cn 803: 10 20
(5) side yard setback adjacent to a
street in feet: 30 30
(6) Minimum rear yard setback in feet
unless a greater setback is
by Secticn 803: 10 20
(7) maxinm lot coverage in percerit: 25- 25
applicable, newly @ted corner lots also adhere to
section 4.4 (cl of the @vision ordinance, @3= additional
lot width cn certain corner lots.
bY the 11 of the @ of Virginia Beach, Virginia, cn
the 12 dav of February 1990.
101
MM 3-2. 1989 CU C
AN ORD '10 AMEND AND
AM7cLE 9 oF OM CMY CMINANCE
To LOTS
BE IT BY THE COTJNCI--L OF TM CTRY OF BEACH,
@t Ser-tial 902, Dimmional of the City
ordinance,
be ana reordairied in part as follows:
Sec. 902. D
(a) @ following chart @ the witbin the B-1 thrcugh
B-4 Busiriess Districts for minimum lot area, width, yard spacincj,
floor area for al-I @@ uses arxl
BUSINESS DLS=CTS
B-1 B-lA B-2 B-3 B-4
(1) mini=m lot area in feet: 20,000 20,000 20,000 20,000 20,000
(2) Mininum lcrt width in feet:* 100 100 100 100 100
(3) yard Ck in feet: 30 35 35 35 35
(4) MininL= side yard setback in feet
unless a@ter setback is
by Secticn 903: . 0 0 0 0 0
(5) mininm side yard setbadc adjaop-nt
to a in feet: 30 35 35 35 35
(6) minimm rear yard setback in feet
unless a@tex sethadc is
by Section 903: 0 0 0 0 0
(7) Maxi=m floor area ratio: 1.0 2.0 2.0 2.5 2.0
(b) TM foll@ lists the within the B-
3 and B-4 Bus@ D@icts for @ lot area, , yard
spaciM, @ floor area and @ density for loclcjuq uses
and es. For and @is (lodgincj units):
BUSINESS DIS]IRICRS
B-3 B-4
(1) Mininum lat area in feet: 43,560 20,000
(2) MininiLm lot width in feet:* 100 100
(3) front yard setback in feei-: 35 35
(4) minimm side yard sp-tback in feet: 20 20
(5) Minimm side yard setback adjacertt to a
in feet: 10 35
(6) Miniom rear yard seumck in feet: 20 20
(7) Maxinm floor area ratio: 2.5 NA
103
L
DEC
(8) dit-Y f- l@i-9 Mt- P- NA 80
(9) For each @1,M ,t in a ccmbimt'On deve3-@,
number of aii@ lociging units @ll be by 2.
,i@ @ B-4
(c) @ foll@ chat lists width, yard spacing,
ResOrt ial District for ICRE area,
lot ooverage, densit-y ard of units
in a sirkgle building for single family attached ings
For al@ched dwellings BUSINESS DISMCRS
B-4
(1) Mininim lot area in feet: 1,400
(2) a e lat area 3.n feet: 2,500
(3) Minirim interior lat width in feet: 14
(4) or lot in feet:* 30
(5) frmt yard ck in feet: 20
(6) Minim= side yard setback in feet: 10
(7) minixmm rear @ se@ck for &alings
in feet: 20
(8) Miniam rear yard setback for a
of less Um 100 sq. ft., in feet: 5
(9) lat coverage by buildings
arkd parking, e=luding re=eatioml
buildings ard surfaces in peroent: 40
(10) density in dwellings per acre: 12
(11) of attadied @lings in
orbe wi side yard se@cks: 6
(d) @ foll@ lists wi@
B-4 D@lat for lot area, yard
spaciM, @ lot e density for mltlple famili)v
F'cr mltiple family dwell@: BUSn4ESS DisiPICIS
B-4
(1) lot area in feet: 40,000
(2) lot width in feet:* 200
(3) frcnt yard setback in feet: 30
(4) side yard setback in feet: 8
(5) rear yard setback in feet: 10
(6) Maximim lot ccyverage by buildings
and parkim, excluding recreaticnal
@@ and @aces in 75
,(7) density in dwellings per acre: 36
hiie B
mt=@
as et 4
f-03:3:eit
104
CN PMZC
*Whe-re applicable, adhere to
Section 4.4(c) of
Icyt width on certa
Ad@ by the Cburr-il of the City of Virginia Beach, Virginia, cn
the 12 dV of February 1990.
105
cu c
AN CPD@CE M AMM AND
AIMCLE 10 OF UM CMY ORD
p TO
BE IT BY UM OOWCIL OF nM CnY OF BEAal,
Omt Secticn 10021 D@icnal of the City
Ordinanoe,
be wd in part as follows:
Ser--- 1002.
@ foU@ the wlU= @ I-1 and I-2
ial Districts for minimum lot area, width, yard spacing and
flo= area ratio for aU uses and
DISIRICIS
I-1 I-2
(1) Minimm lot arp-a in feet: 20,000 20,000
(2) mininl= lot width in feet:* 100 100
(3) yard dcin feet: 30 30
(4) side @ ck in feet
unless a greater ck is
by Section 1003: 0 0
(5) MinimLmn side yard adjacent to a
t in feet: 30 30
(6) Mininn rear yard setback in feet
unless a greater setback is
by Section 1003: 0 0
(7) Maxian floor area ratio: 2.5 2.5
*Where @licable. adhere to
se rec
lc
Adcpted by the il of tM City of Virginia Beach, Virginia, cn
the 12 daV of FEbruary 1990.
107
- 33 -
Item VI-G.
CONSENT AGENDA ITEM # 32417
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council
APPROVED in ONE MOTION Items 2, 3 and 4 of the CONSENT AGENDA.
Item I was pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice wayor 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
- 34 -
Item VI-G.I.
CONSENT AGENDA ITEM # 32418
George B. DeLano, 521 Buffer Drive, Phone: 497-6126, represented the Larkspur
Civic League, suggested changes in the City Zoning Ordinance using the
expertise from the Department of Parks and Recreation relative set backs in
relation to developing lots adjoining golf courses.
Upon motion by Councilman Moss, seconded by Councilman @-ischober, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRFATE $228,525 from Golf Gourse
Enterprise Fund retained earnings for Project #4-
953 Kempsville Greens Golf Course Improvements.
Voting: 11-0
Council Vembers 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 Wyera 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 APPROPRIATE FUNDS IN THE AMOUNT OF $228,525
2 FROM GOLF COURSE ENTERPRISE FUND RETAINED EARNINGS
3 FOR PROJECT #4-953 KEMPSVILLE GREENS GOLF COURSE IMPROVEMENTS
4 WHEREAS, the City of Virginia Beach desires to alleviate and eliminate
5 any potential hazards that may exist at the Kempsville Greens Golf Course;
6 WHEREAS, the Department of Parks and Recreation has retained the advice
7 and recommendations of staff, expert opinion and citizen input for solutions
8 and recommendations to improve the safety and aesthetics of the course without
9 reducing the integrity of golf play;
10 WHEREAS, the staff has reviewed this input and recommends proceeding
11 with improvements at the Kempsville Greens Golf Course that includes
12 transplanting trees, additional landscaping, new tees and bunkers, additional
13 and/or regraded fairways, new greens, relocation of cart paths, and additional
14 netting;
15 WHEREAS, the cost of these improvements total $228,525 which may be
16 financed from retained earnings in the Golf Course Enterprise Fund.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19 That funds in the amount of $228,525 are hereby appropriated from the
20 Golf Course Enterprise Fund for the creation of a new Capital Improvement
21 Project #4-953 Kempsville Greens Golf Course Improvements.
22 This ordinance shall be effective from the date of its adoption.
23 Adopted by the Council of the City of Virginia Beach, Virginia on the
24 Twelfth day of February
1 1990.
25 FIRST R@ING: February 5- 1990
APPROVED AS TO
F FC 1 E N CY
26 SECOND READING: February 12, 1990
- 35 -
Item VI-G.2
CONSENT AGENDA ITEM # 32419
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $56,278 to fund seven
additional temporary positions In the Sheriff's
Office; and Increase reimbursement revenue from the
Commonwealth in the amount of $46,211.
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 Wyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE $56,278
TO FUND SEVEN ADDITIONAL TEMPORARY
POSITIONS IN THE SHERIFF'S OFFICE
WHEREAS, the Compensation Board of the Commonwealth is aware of the
staffing shortage presently being experienced at the Virginia Beach Correction
Center;
WHEREAS, the Compensation Board has approved seven additional Correctional
officers whose salaries are fully reimbursed and whose fringe benefits are
partially reimbursed;
WHEREAS, the additional total operating costs of the seven temporary
positions, effective March 1, 1990, is estimated at $56,278, and will be funded
by $46,211 in reimbursements from the state and $10,067 from the city.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $56,278 are hereby appropriated to
the Sheriff's office with $46,211 to be funded by the state and $10,067 to be
transferred within the City's Operating Budget to finance seven additional
temporary Correctional Officer positions.
BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth in
the form of reimbursements be increased by $46,211.
Adopted by the Council of the City of Virginia Beach, Virginia, this
Twelfth day of February 1990.
This ordinance shall be in effect from the date of its adoption.
First Reading: February 5. 1290
February 12, 1990
Second Reading:
- 36 -
Item VI-G.3.a.b.
CONSENT AGENDA ITEM # 32420
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOPTED:
Ordinances appointing viewers in the petitions of:
City of Virginia Beach for the closure of a portion
of Courthouse Road and Glebe Road (PRINCESS ANNE
BOROUGH);
AND,
Evelyn A. Munden for the closure of a portion of
Bratten Street and Cason Avenue (PRINCESS ANNE
BOROUGH).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Nbyor 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
OJZDINANCE APPOINTING VIEWERS
WITEREAS, Evelyii A. Munden, has gi.ven due and proper liotice,
in accordance with the statutes for such cases itiade and pro@ri.(Ied
that she will on February 12, 1990, apply to ttie City Council of
tlie City of Virginia Beach, virgini.a, for the Appoiritment of
Vieweis to view the below-described property aiid report i,ii
writing to the Cc)uncil whether, in tlie ()piriion of said Viewer,-,
aDd, aiid if any, what incolivenience woul,cl result froin tlie dis-
coi)tinuance of the liereinafter described po.T.@tions of certain
streets, and has fil-ed such applicatioii witli said CoLincil.
NOW, TIIEREFORE, be it ORDAINED by tlie Council of the Cl.ty of
Virginia Beach, Virgiiiia:
TIIAT C. Oral Lambert, Jr.
David Grochmal and Robert Scott
are hereby appointed to view the bel.ow described property atid
report in writing to tlie Council, as soon as possible, wliether in
their opinion, any, and if any, what iriconvenience would result
iii the discontinuing and vacating of those portions of certain
streets located in the City of Virginia Beacli, Virginia, and more
particularly described as follows:
ALl. TIIOSE certain streets constituting a portion of
Cason Aveiiue and a portion of Bratten Street, located
in the Princess Anne Borouqh of the City of Virginia
Beach, Virginia, and shown and designated as "61,393
SQ. FT. OF EXISTING R/W TO BE CLOSED" as shown on that
certain survey entitled "PRELIMINARY SUBDIVISION OF
PROPERTY AND STREET CLOSURE PLIV2 FOR PORTION OF CASON
AVE. AND BRATTEN STREET, PLAT OF MOUNT ZION VILLAGE,
M.B.27, P.68, PRINCESS ANNE BOROUGII, VIRGINIA BEACH,
VA. SCALE 1" = 60' 26 JANUARY, 1989", and which is also
shown on tliat certain plat entitled "Mount Zion
Vi]-lage", which said plat is duly recorded in the
Clerk's office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 27, at page 68;
said portioiis of Cason Avenue and Bratten Street being
further described as follows: Beginning at a poitit at
the intersection of the easterly side of seaboard Road
and the northerly side of Cason Avenue; thence N 88@
211 001, E 1,179.75 feet to a point; thence S 07@ 491
0011 W 43.39 feet to a point; thence along the curve to
the left having a radius of 260.57 feet a distance of
70.26 feet to a point; thence S 88@ 21' 00" W 501.77
feet to a point; thence S 01@ 39' 00" E 50.00 feet to a
point; thence S 881 211 00" W 50.00 feet to a point;
thence N 01@ 39' 0011 W 50.00 feet to a point; thence S
881 21' 00" W 570.09 feet to a point in the easterly
side of Seaboard Road; thence along the easterly side
of Seaboard Road N 19@ 05' 00" E 53.46 feet to the
point or place of beginning.
All the above as shown upon that certain survey entitled
"PRELIMINARY SUBDIVISION OF PROPERTY AND STREET CLOSURE PLAT FOR
PORTION OF CASON AVE. AND BRATTEN STREET, PLAT OF MOUNT ZION
VILLAGE, M.B.27, P.68, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA.
SCALE 1" = 60' 26 JANUARY, 1989" which survey is attached hereto
and made a part hereof and intended to be recorded with the
Ordinance closing the afore-described street.
Adopted: February 12, 1990
2
State of Virginia to-@it: AFFIDAVIT
City of Norfolk
VANESSA R. WATFORD
This day
appeared before me and after being duly sworn made oath that;
tl) (He) (She) is affidavit Ierk of THE VIRGININA PILOT & THE LEDGER E
a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, P@
Chesapeake, Suffolk and Virginia Beach, State of Virginia;
@@2) That the advertisement hereto annexed of
STREET CLOSURE has been publishe,
newspaper on t!ie following dates:
.119 -
Affiar
Subscribed and sworn to before me in my city and state of,@resaid this
31t hday of JAN.
My commission expires
)AY i991
9
t4ot,
HARRY R. l'URKEY, JIZ.
ATTORNEY AT LAW
O@@A. PL-. C.R@..Al@ C@Nl@l
303 34" S,.-@, S@". 5
VIRGINIA BEACH. VIRGINIA 23451
T.IE@..N.
(804) 428-6443 1804) 428-3338
CERTIFICATE OF VESTING OF TITLE
January 16, 1990
The Honorable City Council
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Dear Members of City Council:
I, Harry R. Purkey, Jr. attorney for Evelyn A. Munden, do
hereby certify that:
1. I am an attorney at law and represent Evelyn A. Munden.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in the owners of
the adjacent lots that are shown on the plat of Mount Zion
village, which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book
27, at paqe 68; said owners being Evelyn A. Munden and Cess Ltd.,
L.P., a Virginia limited partnership, or their successors-in-
interest.
The said property referred to herein is hereby described as
follows:
ALL THOSE certain streets constitutinq a portion of
Cason Avenue and a portion of Bratten Street, located
in the Princess Anne Borough of the City of Virginia
Beach, Virginia, and shown and desiqnated as "61,393
SQ. FT. OF EXISTING R/W TO BE CLOSED" as shown on that
certain survey entitled "PRELIMINARY SUBDIVISION OF
PROPERTY AND STREET CLOSURE PLAT FOR PORTION OF CASON
AVE. AND BRATTEN STREET, PLAT OF MOUNT ZION VILLAGE,
M.B.27, P.68, PRINCESS ANNE BOROUGII, VIRGINIA BEACH,
VA. SCALE 1" = 60' 26 JANUARY, 1989", and which is also
shown on that certain plat entitled "Mount Zion
Village", which said plat is duly recorded in the
liARRY R. PURKEY, JR.
The Honorable City Council
January 16, 1990
Page Two
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 27, at page 68;
said portions of Cason Avenue and Bratten Street being
further described as follows: Beginning at a point at
the intersection of the easterly side of Seaboard Road
and the northerly side of Cason Avenue; thence N 88@
211 00" E 1,179.75 feet to a point; thence S 07' 491
00" W 43.39 feet to a point; thence along the curve to
the left having a radius of 260.57 feet a distance of
70.26 feet to a point; thence S 881 21' 00" w 501.77
feet to a point; thence S 01' 391 0011 E 50.00 feet to a
point; thence S 88' 21' 00" W 50.00 feet to a point;
thence N 01' 391 00" W 50.00 feet to a point; thence S
88' 211 00" W 570.09 feet to a point in the easterly
side of Seaboard Road; thence along the easterly side
of Seaboard Road N 19' 051 00" E 53.46 feet to the
point or place of beginning.
Ver
Harry R. Purkey,
HRP,JR./jmc
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council
of the City of Virginia Beach, Virginia, to be held oil the 12th
day of February, 1990, at 2:00 p.m., at the City Hall C)f the City
of Virginia Beach, Princess Anne Station, the undersigned will
petition the council for Appointment of Viewers to view the
below-described portions of streets and report to the City
Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacating, closing and discon-
tinuance of same, said portions of said streets being described
as follows;
ALL THOSE certain streets constituting a portion of
Cason Avenue and a portion of Bratten Street, located
in the Princess Anne Borough of the City of Virginia
Beach, Virginia, and shown and designated as "61,393
SQ. FT. OF EXISTING R/W TO BE CLOSED-' as shown on that
certain survey entitled "PRELIMINARY SUBDIVISION OF
PROPERTY AND STREET CLOSURE PLAT FOR PORTION OF CASON
AVE. AND BRATTEN STREET, PLAT OF MOUNT ZION VILLAGE,
M.B.27, P.68, PRINCESS ANNE BOROUGH, VIRGINIA BEACH,
VA. SCALE 1" = 60' 26 JANUARY, 1989", and which is also
shown on that certain plat entitled "Mount Zion
Village", which said plat is duly recorded in the
Clerk's office of the Circuit Court of the city of
Virginia Beach, Virginia in Map Book 27, at paqe 68;
said portions of Cason Avenue and Bratten Street being
further described as follows: Beginning at a point at
the intersection of the easterly side of Seaboard Road
and the northerly side of Cason Avenue; thence N 88@
211 00" E 1,179.75 feet to a point; thence S 07* 49'
00" W 43.39 feet to a point; thence along the curve to
the left having a radius of 260.57 feet a distance of
70.26 feet to a point; thence S 881 211 00" W 501.77
feet to a point; thence S 01' 391 0011 E 50.00 feet to a
point; thence S 881 211 00" W 50.00 feet to a point;
thence N 01' 391 00" W 50.00 feet to a point; thence S
88' 211 00" W 570.09 feet to a point in the easterly
side of Seaboard Road; thence along the easterly side
of Seaboard Road N 19' 05' 00" E 53.46 feet to the
point or place of beginning.
At that time, anyone affected may appear and present his
views.
'I-IIE MATTER OF CL.OSING, VACATING AN[) I)ISCON'PINUI@NC, POR"'JON@q OF
BRATTEN STREFT, T,O('ATED
CEI@TAIN STREETS KNOWN AS CASON AVENUE ANI) OF VIRGINIA BEACTI,
IN THE PRINCESS ANNE BOROUGH OF' TIIE CITY
VIRC;TNIA, AS SIIOWN ON THAT CERTAIN SIJRVEY ENTITI,ED, llppFT,IMINATIIy
SUBI)IVISION OF' PROPERTY AND STREET Cl,@)SURE PLAT FOR PORTION OF
CASON AVE. AND BRATTEN STREET, PLAT OF MOUNT ZION VII,LAGE,
m.i3.27, P.68, PIINCESS ANNE BOROUGII, VIIZGINIA BEACII, VA. S('AJ,l@: l"
- 60' 26 JANIJAI@Y .1989", WIIICII SURVFY -10, 7\'r'PACIIED ITEIIE'FO.
PETITION
1110: 'CIIE MAYOR AND TIIE MEMBT,,RS OF ('OIIN('11. OF TIIF@ CT@']'y ()T'
VIRGINIA BEACII, VIRGINIA
Your Petitioner, Evelyn A. Mun(leii, respectftilly rc,t)re-,;ent,,;
as follows:
1. 'I'liat pursuarit to the provisions of Section 1.5.1-364 of
tlie 1950 Code c)f Virgiriia, as amended, the Petitioner appli.es for
the vacatirig, closing, and discontinuance of portions of thos('
certain streets whicli are more specifically described as follow.,:
ALL, THOSE certain streets constituting a portion of
Cason Avenue and a portion of Bratten Street, located
ii-i the Princess Anne Borough of the City of Virginia
Beach, Virginia, and shown and designated as "61,393
SQ. FT. OF EXISTING R/W TO BE CLOSED" as sliown on that
certain survey entitled "PREI,IMINARY SUBDIVISION OF
PROPERTY AND STREET CLOSIJRE PLAT FOR PORTION OF CASON
AVE. AND BRATTEN STREET, PLAT OF MOUNT ZION VILLAGE,
M.B.27, P.68, PRINCESS ANNE BOROUGH, VIRGINIA BEACII,
VA. SCALE 1" = 601 26 JANUARY, 1.989", aDd which is also
sliown on that certain plat entitled "Mount Zion
Village", whicli said p]-at is duly recorded in the
Clerk's office of the Circuit Court of the@ City of
Virginia Beach, Virginia in Map Book 27, at page 68;
said portions of Cason Avenue and Bratten Street beiiig
further described as follows: Begiiining at a point at
the intersection of the easterly side of Seaboard Road
aDd the northerly side of Cason Avenue; thence N 88'
211 00" E 1,179.75 feet to a point; thence S 07' 49'
00" W 43.39 feet to a point; thence along the curve to
the left having a radius of 260.57 feet a distance of
70.26 feet to a point; thence S 881 211 00" W 501.77
feet to a point; thence S 01' 391 00" E 50.00 feet to a
point; thence S 88@ 21' 00" W 50.00 feet to a point;
tlience N 01' 391 00" W 50.00 feet to a point; thence S
88' 211 00" W 570.09 feet to a poiiit in the easterly
side of Seaboard Road; thence along the easterly side
of Seaboard Road N 19' 05' 00" E 53.46 feet to the
point or place of beginning.
Said parcels of land being portions of Cason Avenue and
Bratten street as indicated on that certain survey of property
entitled "PRELIMINARY SUBDIVISION OF PROPERTY AND STREET CLOSURE
PLAT FOR PORTION OF CASON AVE. AND BRATTEN STREET, PLAT OF MOUNT
ZION VILLAGE, M.B.27, P.68, PRINCESS ANNE BOROUGH, VIRGINIA
BEACH, VA. SCALE 111 = 60' 26 JANUARY, 1989" which survey is
attached hereto and is made a part hereof by reference.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of portions
of said streets; and the Petitioner prays that this Honorable
Council appoint Viewers as provided by law to view portions of
said platted streets proposed to be closed and to report in
writing to the Council on or before the _ day of 1
1990, as to whether in the opinion of said Viewers, what incon-
venience, if any, would result from the discontinuance and
closing of portions of the said streets, as herein reported and
described.
3. That on January 18, 1990 and on January 30, 1990 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 owners of all land along and
adjacent to and affected by the portions of said platted streets
are the Petitioner herein, Evelyn A. Munden, and Cess Ltd., L.P.,
a Virginia limited partnership, both having the address of 615
North Birdneck Road, Virginia Beach, Virginia 23451.
Respectfully submitted,
Evel
By
of @un@E
Harry R. Purkey, Jr.
303 34th Street, Suite 5
Virginia Beach, Virginia 23451
(804) 428-6443
2
()I@[)I-NANCT', NO.----@--- @- l
JN 01" ('I.,OSING, VACATING ATAD I)ISCON'U]NUIN(7, POR'I'IOT@", 01@'
STRF,'L'TS I<NOWN AS CASON AVENUF AN[) BT@A'I".l'EN STREF:T,
IN l'BINCESF, ANNE BOROUGII OF 'J'IIE C--L'I'y Of' Vlp(,JNIA BEACTI,
'TN@IA, 'A -1,El), ll[ll?F-@l.lMti,IAI@y
v I l@(, AS SIIOW@L C)N TI]AT CL'fzr IN Stil@VIIY li:N'I']'[
St@liDJ-VISION OP.' ])I?OPERTY AND STREET CLO'3(JRF,,' I'l@Aq' FOR POR'L-ION 01;'
CASON AVE. AND BRATTEN STREET, PI.AT OF' Motjt,19' 7,TON VTI,I.AGFI.,
M.B.27, P.68, PRINCESS ANNE BOROII(.",Il, VIRGINIA TIT@:ACII, V7\-
60' 26 JANUARY 19 9", WIIICII SIJRV'-Y l,; 7\'
Will@7.REAS, it appearing I)y Affi.d@ivi-t t-liat propp-r TiOtic7c, tiaq
I)eeti qiveri by Evelyn A. Munden, tliat slie w(@)til(l nial,e alir,li(,atiori
t-,o the Council of tlie Ci-ty of Vi-r(liili-a, fleacli, Vi.)-9i.iii.a, oil
1990 to liave tlie lipyeit)aftpr (lescril)pd t,c)Tfir)"
of sai(I street discoiiti.nued, close(I anci vac,.ito,(I; aTi(I
@lliElZEAS, it is the judgnient of tlie ('01.1ticil that said
portioiis of said streets be discoritinued, (--].oged ar@(I vl(@ated;
NOW, 'I'lll-.'.REFORE,
SECTION I
BE IT ORDATNFD by the Counci.L of the City of Virginia Beacli,
Vj.j-qi.riia, tliat Llie liereinafter (lescril)ecl porliori,- of sai(I stree-t-.-;
he diSCOrItiDued, (:losed and vacated:
ALL THOSE certain streets consti.tiitiiig a. portion of
Cason Avenue and a portioii of Brattpji Street, located
in the Priiicess Aiiiie Borough c)f tlie City of Vi-rginia
Beach, Virginia, and shown and desigilated as "61,393
SQ. FT. OF EXISTI.NG R/W TO BE CI,OSED" as showii oii tliat
certain survey entitled "PRELIMINARY SUBDIVISION OF
PROPERTY ANI) STREET CLOSURE PLAT FOR PORTION OF CASON
AVE. AND BRATTEN STREET, PLAT OF' MOUNT ZION VII.LAGE,
M.B.27, P.68, PPINCESS ANNE BOROUCH, VI.PGINIA BEACII,
VA. SCALE 1" = 601 26 JANUARY, 1989", and which is also
shown on tliat certain plat entitled "Mount Zi.on
Village", which said plat is duly recorded in the
Clerk's Office of the Circuit Court of tlie City of
Virginia Beacli, Virgirlia in Map Book 27, at page 68;
said portioris of Casoii Avenue and Bratteli Street being
further described as follows: Beginnilig at a point at
the intersection of the easterly side of Seaboard Road
and the northerly side of Cason Aveiiue; tlience N 88'
211 00" E 1,179.75 feet to a point; thence S 071 491
00" W 43.39 feet to a point; thence alorig the curve to
the left having a radius of 260.57 feet a distalice of
70 .26 feet to a point; thence S 88' 21 1 00" W 501@ .77
feet to a point; ttience S 01' 391 0011 E 50.00 feet to a
point; thence S 881 211 00" W 50.00 feet to a point;
thence N 01' 39' 00" W 50.00 feet to a point; thence S
88' 21 ' 00" W 570.09 feet to a point in tlie easterly
si.de of Seaboard Road; therice along Llie easterly si-de
of Seaboard Road N 19' 05' 00" E 53.46 feet to the
point or place of beginning.
Said parcels of land being portions of Cason Avenue and
Bratten Street as indicated on that certain survey of property
entitled "PRELIMINARY SUBDIVISION OF PROPERTY AND STREET CLOSURE
PLAT FOR PORTION OF CASON AVE. AND BRATTEN STREET, PLAT OF MOUNT
ZION VILLAGE, M.B.27, P.68, PRINCESS ANNE BOROUGH, VIRGINIA
BEACH, VA. SCALE 111 = 601 26 JANUARY, 198911 which survey is
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virqinia, in Map Book at page -, and
which is made a part hereof by reference.
SECTION II
A certified copy of this ordinance shall be filed in the
office of the Circuit Court of the City of Virqinia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
- 2
LEGAL DESCRIPTION OF STREETS
TO BE CLOSED
ALL TliOSE certain streets constituting a portion of
cason Avenue and a portion of Bratten Street, located
in the Princess Anne Borough of the City of Virginia
Beach, Virginia, and shown and designated as "61,393
SQ. FT. OF EXISTING R/W TO BE CLOSED" as shown on that
certain survey entitled "PRELIMINARY SUBDIVISION OF
PROPERTY AND STREET CLOSURE PLAT FOR PORTION OF CASON
AVE. AND BRATTEN STREET, PLAT OF MOUNT ZION VILLAGE,
M.B.27, P.68, PRINCESS ANNE BOROUGII, VIRGINIA BEACH,
VA. SCALE 111 = 601 26 JANUARY, 1989", and wbich is also
shown on that certain plat entitled "Mount Zion
village", which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 27, at page 68;
said portions of Cason Avenue and Bratten Street being
further described as follows: Beginning at a point at
the intersection of the easterly side of Seaboard Road
and the northerly side of Cason Avenue; thence N 88*
211 0011 E 1,179.75 feet to a point; thence S 07@ 491
0011 W 43.39 feet to a point; thence along the curve to
the left having a radius of 260.57 feet a distance of
70.26 feet to a point; thence S 88' 211 00" W 501.77
feet to a point; thence S 01* 391 00" E 50.00 feet to a
point; thence S 881 211 0011 W 50.00 feet to a point;
thence N 01' 391 00" W 50.00 feet to a point; thence S
881 211 00" W 570.09 feet to a point in the easterly
side of Seaboard Road; thence along the easterly side
of Seaboard Road N 191 051 00" E 53.46 feet to the
point or place of beginning.
AFFIDAVIT
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, Evelyn A. Munden, being first duly sworn, depose and
state:
1. That on Janua and on
Jan I notice of the presenting of the
application to close portions of those certain streets known as
"CASON AVENUE" and "BRATTEN STREET" on behalf of Evelyn A.
4@JeE'@g" newspaper of
munden, will be published in the Virginia
general circulation in the City of Virginia Beach, Virginia.
And further the deponent saith not.
I
Subscribed and sworn to before me this day of
19 P7
My commission expires:
I
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closure of Bratten Street
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BRATTEN STREET (50'RIW)
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EVELYN A. MUNDEN
Closure of Bratten Street
Closure of Cason Avenue
Princess Ame Borough
1 ORDINANCE APPOINTING VIEWERS
2 WHEREAS, the City of Virginia Beach, a municipal
3 corporation, has given due and proper notice, in accordance with
4 the statutes for such cases made and provided that they will on
1990
5 the 12th day of February 199%, apply to the City
6 Council of the City of Virginia Beach, Virginia, for the
7 appointment of Viewers to view the below-described property and
8 report in writing to the Council whether, in the opinion of said
9 viewers, any, and if any, what inconvenience would result from
10 the discontinuance of portions of the hereinafter described
11 streets of variable width, and has filed such application with
12 said Council.
13 NOW, THEREFORE, be it ORDAINED by the Council of
14 the City of Virginia Beach, Virginia:
15 THAT C. Oral Lambert, Jr.
16 David Grochmal and
17 - - - - - - - - -Robert-Scott ------------------------- are hereby
18 appointed to view the below described property and report in
19 writing to the Council on or before 1
20 1 9 8 9 ,whether in their opinion, any, and if any, what
21 inconvenience would result in the discontinuing and vacating of
22 those certain streets of variable width located in the City of
23 Virginia Beach, Virginia, and inore particularly described as
24 follows:
25
26 PARCEL ONE: ALL THAT certain 30'
27 Road (undeveloped) designated as
28 parcel 1, shown as the shaded
29 area on that certain plat
30 entitled "PLAT SHOWING PROPOSED
31 STREET CLOSURES LOCATED AT THE
32 VIRGINIA BEACii MUNICIPAL CENTER
33 PRINCESS ANNE BOROUGH VIRGINIA
34 BEACH, VA." dated march 2, 1989,
35 and more particularly described
36 as follows:
37 BEGINNING at a point in the
38 southern right-of-way line at the
39 western terminus of Courthouse
40 Drive (40' & var. r/w); said
41 point being 336.90 feet from the
4 2 southwestern intersection of
43 Courthouse Drive (80' & var. r/w)
44 and Glebe Road (var. r/w); thence
45 in a westerly direction, binding
46 said right-of-way, along a
47 bearing of N 460 44' 41" W a
48 distance of 394.13 feet to a
49 point at the end of a 30' road
50 (undeveloped); thence binding
51 said 301 right-of-way and on a
52 bearing of N 39* 14' 55" E a
53 distance of 2 9 . 3 3 feet to a
54 point, in the northern line of
55 said 301 road, said point also
56 being in the dividing line of
57 property now or formerly Hubert
58 Duncan (D.B. 307 p. 16 M.B. 23 p.
59 3); thence turning and in an
60 easterly direction on a bearing
61 of S 46* 57' 15" E a distance of
62 36.12 feet to a point; said point
63 also being in the dividing line
64 of property of Hubert Duncan and
65 the City of Virginia Beach (D.B.
66 2577 p. 0742 D.B. 2603 p. 1491);
67 thence continuing in an easterly
68 direction along a bearing of S
69 4 6 1 4 4 41" E a distance of
70 3 9 3 . 9 5 feet to a point, said
71 point being in the northern line
72 of the western terminus of
73 Courthouse Drive ( 4 0 ' & var .
74 r/w) ; thence turning and in a
75 westerly direction, crossing said
76 301 road, along a bearing of N
77 871 401 4111 W a distance of 44.87
78 feet to the point of beginning.
79 Said parcel contains 0.2780
80 acres. This parcel also being a
81 30 1 road (undeveloped), now or
82 formerly property of the City of
83 Virginia Beach as described in
84 D.B. 807, p. 212.
85 PARCEL TWO: ALL THAT certain
86 undeveloped portion of Courthouse
87 Drive designated as parcel 2,
88 shown as the shaded area on that
89 certain plat entitled "PLAT
90 SHOWING PROPOSED STREET CLOSURES
91 LOCATED AT THE VIRGINIA BEACH
92 MUNICIPAL CENTER PRINCESS ANNE
93 BOROUGH VIRGINIA BEACH, VA.'-
94 dated March 2, 1989, and more
95 particularly described as
96 follows:
97 BEGINNING at a point in the
98 southern right-of-way line of
99 Courthouse Drive (40' & var.
100 r /w) , said point being 130.15
101 feet from the southwestern
10 2 intersection of Courthouse Drive
103 (30' & var. r/w) and Glebe Road
104 (var. r/w), thence proceeding in
105 a westerly direction along the
106 southern right-of-way line of
107 Courthouse Drive (40' & var. r/w)
108 along a bearing of N 450 441 3511
109 W a distance of 206.75 feet to a
2
110 point, said point being in the
ill dividing line of property of the
112 City of Virginia Beach (D.B. 1878
113 p. 310, M.B. 70 p. 3), (D.B.
114 1530 p. 551, M.B. 109 p. 11),
115 (M.B. 119 p. 38) and property now
116 or formerly of the City of
117 Virginia Beach (D.B. 2 5 7 7 p.
118 742), (M.B. 27 p. 31) (D.B. 2603
119 p. 1491); thence turning and
120 proceeding in an easterly
121 direction, crossing said right-
12 2 of-way, along a bearing of S 871
123 401 41" E and a distance of 44.87
124 feet to a point, said point being
125 in the eastern terminus of a 30'
126 road (undeveloped) (M.B. 27 p.
127 31 ) ; thence t u r n i n g and
128 proceeding in a northerly
1 29 direction, in the Courthouse
1 30 Drive right-of-way, along a
131 bearing of N 23* 17' 45" E a
1 3 2 distance of 1 0 . 7 0 feet to a
13 3 point, said point being in the
134 dividing line of property of the
1 35 C i t y of Virginia Beach as
1 36 described in (D.B. 2577 p. 742)
137 (D.B. 2603 p. 1491) and Parcel A-
138 1 (M.B. 76 p. 18) Continental
139 Telephone Co. of Va. (D.B. 969 p.
140 481), said point also being in
141 the northern line of Courthouse
142 Drive (401 & var. r/w) , thence
143 turning and proceeding in an
144 easterly direction along the
145 northern line of Courthouse Drive
146 (40' & var. r/w) a bearing S 450
147 44' 35" E a distance of 193.37
148 feet to a point, said point also
1 49 being in the dividing line of
150 Parcel A-1 (M.B. 76 p. 18) now or
151 formerly Continental Telephone
152 Co. of Va. (D.B. 969 p. 481) and
153 Parcel B (M.B. 77 p. 1) now or
154 formerly the City of Virginia
155 Beach (D.B. 2681 p. 298); thence
156 turning and proceeding in a
157 southerly direction, leaving the
158 northern line of Courthouse Drive
159 (40' & var. r/w), along a bearing
160 of S 231 121 12" W a distance of
161 10.71 feet to a point; thence
162 continuing in a westerly
163 direction, crossing said right-
164 of-way, along bearing of S 771
165 58' 59" W a distance of 36.05
166 feet to a point, in the southern
167 line of Courthouse Road (40' &
168 var. r/w), said point also being
169 the point of beginning. Said
170 parcel being an undeveloped
171 portion of Courthouse Drive (40'
172 & var. r/w) and containing 0.182
173 acres.
17 4 PARCEL THREE: ALL THAT portion
175 of Courthouse Drive and Glebe
17 6 Road designated as parcel 3,
17 7 shown as the shaded area on that
178 certain plat entitled "PLAT
3
179 SHOWING PROPOSED STREET CLOSURES
180 LOCATED AT THE VIRGINIA BEACH
181 MUNICIPAL CENTER PRINCESS ANNE
18 2 BOROUGH VIRGINIA BEACH, VA. "
183 dated March 2, 1989, and more
184 particularly described as
185 f 01 lows:
186
187 BEGINNING at a point in the
188 western right-of-way line of
189 James Madison Boulevard (110'
190 r/w) and the southern line of
191 Courthouse Drive (80' & var. r/w)
192 at the point of curve; thence
193 along said curve to the left
194 having a radius of 20.01 and a
195 length of 31.42' to the point of
196 tangency, being in the southern
197 line of Courthouse Drive (801 &
198 var. r/w); thence continuing in a
199 westerly direction along the
200 southern line of Courthouse Drive
201 (80' & var. r/w) along a bearing
202 of N 570 46' 3311 W a distance of
20 3 3 4 8 . 2 7 ' to a point; thence
204 continuing along and binding with
205 said right-of-way line along a
206 bearing of N 320 15' 10" E a
207 distance of 45.50' to a point,
208 said point a 1 s o being the
209 southwestern intersection of
210 Courthouse Drive (80' & var. r/w)
211 and Glebe Road (var. r/w); thence
212 turning and continuing in a
213 westerly direction along the
214 southern line of Courthouse Drive
215 (40' & var. r/w) along on a
216 bearing of N 441 27' 55" W a
217 distance of 110.67' to a point,
218 thence continuing westerly along
219 the southern line of Courthouse
220 Drive (40' & var. r/w) along a
221 bearing of N 451 44' 35" W a
222 distance of 19.48 feet to a
223 point, said point being in the
224 dividing line of property now or
225 formerly of the City of Virginia
226 Beach (D.B. 1530 p. 551) (M.B.
227 119 p. 38) and property now or
228 formerly of the City of Virginia
229 Beach (D.B. 1878 p. 310) (M.B. 70
230 p. 3) (D.B. 1530 p. 551) (M.B.
231 119 p. 38); thence turning and
232 leaving the southern line of
233 Courthouse Drive (40' & var. r/w)
234 in an easterly direction along on
235 a bearing of N 770 58' 59" E and
236 a distance of 36.05 feet to a
237 point; thence turning and
238 proceeding along a bearing of N
239 23* 12' 12" E a distance of
240 1 0 . 7 1 1 to a p o i n t in the
241 northern line of Courthouse Drive
242 (40' & var. r/w), said point also
243 being the dividing line of Parcel
244 A-1 (M.B. 76 p. 18) now or
245 formerly Continental Telephone
246 Co. of Virginia and Parcel B
247 (M.B. 77 p. 1) now or formerly
248 the City of Virginia Beach (D.B.
4
2 4 9 2681 p. 298) ; thence turning and
2 50 continuing i na n easterly
251 direction along the northern line
252 of Courthouse Drive (40' & var.
253 r/w) along a bearing of S 44* 53'
254 18" E a distance of 103.62 feet
255 to a point, said point being the
256 northwestern corner of the
257 intersection of Courthouse Drive
2 58 (40' & var. r/w) and Glebe Road
2 59 (var . r/w) , thence turning and
260 binding the western right-of-way
261 line of Glebe Road (var. r/w) in
262 a northerly direction along a
263 bearing of N31* 051 31" E a
26 4 distance of 3 9 2 . 4 7feet to a
265 point, said point being the
266 dividing line of property now or
267 formerly of the City of Virginia
268 Beach (D.B. 2681 p. 2 9 8 ) and
269 property now or formerly Sovran
270 Bank (M.B. 77 p. 1) (D.B. 1077 p.
271 59) thence turning and proceeding
272 in an easterly direction and
273 crossing Glebe Road (var. r/w)
274 along on a bearing of S 66* 37'
275 05" E a distance of 50.82 feet to
276 a point, said point being in the
277 eastern line of Glebe Road (var.
278 r/w) ; thence t u r n i n g and
27 9 proceeding in a southerly
280 direction along the eastern line
281 of Glebe Road (var. r/w) along a
282 bearing of S 23, 261 57" W a
283 distance of 395-55' to apoint of
284 curve; thence along said curve to
285 the left having a radius of 20.0'
286 and a length of 28.351 to a point
287 of tangency, said point being in
288 the northern line of Courthouse
289 Drive (801 & var. r/w), said
29 0 p o i n t a 1 s ob e i n g at t h e
291 northeastern intersection of
29 2 Glebe Road (var. r/w) and
2 9 3 Courthouse Drive ( 8 0 ' & var.
29 4 r/w) ,thence proceeding in an
29 5 easterly direction along the
296 northern line of Courthouse Drive
297 along on a bearing of S 57@ 46'
298 33" E a distance of 227.56 feet
299 to a point of curve; thence along
300 said curve to the left, having a
301 radius of 20.0' , and a length of
302 31.311 to a point on tangent;
303 s a i dp o i n tb e i n g at t h e
304 northwestern intersection of
30 5 Courthouse Drive (80' var. rlw)
306 and James Madison Boulevard (110'
307 r/w), thence turning and crossing
308 the right-of-way of Courthouse
309 Drive along the western line of
310 James Madison Boulevard (110'
311 r/w) on a bearing of S 32@ 21'
312 29" Wa distance of 119.90 feet
313 to the point of beginning. Said
314 parcel contains 1.511 acres.
315 PARCEL FOUR: ALL THAT portion of
316 Glebe Road designated as parcel
317 4, shown as the shaded area on
5
318 that certain plat entitied "PLAT
319 SHOWING PROPOSED STREET CLOSURES
320 LOCATED AT THE VIRGINIA BEACH
3 21 MUNICIPAL CENTER PRINCESS ANNE
3 22 BOROUGH VIRGINIA BEACH, VA.'-
3 23 dated march 2, 1989, and more
3 24 particularly described as
325 follows:
326 BEGINNING at a point at the
3 27 southwestern intersection of
3 28 Glebe Road (50' & var. r/w) and
3 29 Princess Anne Road (701 r/w-
330 S t a t e Route # 1 6 5 ) , thence
331 proceeding along the southern
3 3 2 line of Princess Anne Road-
3 3 3 Route 165 on a bearing of S 53*
334 55' 1311 E a distance of 77-71
3 3 5 feet to a point of curve; thence
336 turning and proceeding back
337 towards the point of beginning
3 38 along a curve to the left having
3 39 a radius of 20.01 and a length
340 of 3 6 . 1 4 ' to the point of
3 4 1 tangency, said point also being
342 in the eastern line of Glebe Road
343 ( 5 0 ' & var. r/w) ; thence
344 proceeding along the eastern line
345 of Glebe Road (50' & var. r/w) on
346 a bearing of S 23* 26, 57" W a
347 distance of 242.93 feet to a
348 point ; thence turning and
349 proceeding in a westerly
3 50 direction crossing Glebe Road
351 right-of-way On a bearing of N
352 661 37' 05" W a distance of 50.82
353 feet to a point, said point being
354 in the western line of Glebe
355 Road (50' & var. r/w), said point
356 also being the dividing line of
357 Parcel B (M.B. 77 p. 1) now or
358 formerly property of City Of
359 virginia Beach (D.B. 2681 p. 298)
360 and Parcel A (M.B. 77 p. 1) now
361 or formerly Sovran Bank (D.B.
362 1077 p. 59); thence turning and
363 in a northerly direction along
364 the western line of Glebe Road
365 (50' & var. r/w) along a bearing
366 of N 231 22' 55" E a distance of
367 2 7 9 . 4 3 1 to a the point of
368 beginning. Said parcel contains
369 0.324 acres.
370 All of the above is shown upon that certain plat
371 entitled "PLAT SHOWING PROPOSED STREET CLOSURES LOCATED AT THE
372 VIRGINIA BEACH MUNICIPAL CENTER PRINCESS ANNE BOROUGH VIRGINIA
373 BEACH, VA." which plat is attached hereto and made a part hereof
374 and intended to be recorded with the ordinance closing the
375 aforedescribed streets.
376 Adopted by the Council of the City of Virginia
377 Beach, Virginia on this 12 day of February 1989.
6
J. DALE SIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4531
march 9, 1989
CERTIFICATE OF VESTING OF TITLE
I, David S. Hay, attorney for the City of Virginia Beach,
a municipal corporation, do hereby certify that:
1. I am an attorney at law and represent the City of
Virginia Beach, a municipal corporation.
2. That based upon my examination of title, it is my
opinion that if the portions of the streets sought to be closed
are discontinued, closed and vacated by the Council of the City
of Virginia Beach, Virginia, then title to said streets will vest
in the City of Virginia Beach, virginia, a municipal corporation,
subject to the rights of the abutting property owners.
3. The portions of the streets to be closed, referred to
herein are described as follows:
PARCEL ONE: ALL THAT certain 30' Road (undeveloped)
designated as parcel 1, shown as the shaded area on
that certain plat entitled "PLAT SHOWING PROPOSED
STREET CLOSURES LOCATED AT THE VIRGINIA BEACH MUNICIPAL
CENTER PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA." dated
March 2, 1989, and more particularly described as
follows:
BEGINNING at a point in the southern right-of-way line
at the western terminus of Courthouse Drive (401 & var.
r/w); said point being 336.90 feet from the
southwestern intersection of Courthouse Drive (801 &
var. r/w) and Glebe Road (var. r/w); thence in a
westerly direction, binding said right-of-way, along a
bearing of N 461 441 4111 W a distance of 394.13 feet to
-2- March 9, 1989
a point at the end of a 301 road (undeveloped); thence
binding said 30' right-of-way and on a bearing of N 39*
141 55" E a distance of 29.33 feet to a point, in the
northern line of said 30, road, said point also being
in the dividing line of property now or formerly Hubert
Duncan (D.B. 307 p. 16 M.B- 23 p. 3); thence turning
and in an easterly direction on a bearing of S 46@ 57'
1511 E a distance of 36.12 feet to a point; said point
also being in the dividing line of property of Hubert
Duncan and the City of Virginia Beach (D.B- 2577 p.
0742 D.B. 2603 p. 1491); thence continuing in an
easterly direction along a bearing of S 461 441 41" E a
distance of 393.95 feet to a point, said point being in
the northern line of the western terminus of Courthouse
Drive (401 & var. r/w); thence turning and in a
westerly direction, crossing said 301 road, along a
bearing of N 871 401 4111 W a distance of 44.87 feet to
the point of beginning. Said parcel contains 0.2780
acres. This parcel also being a 30' road
(undeveloped), now or formerly property of the City of
Virginia Beach as described in D.B. 807, p. 212.
PARCEL TWO: ALL THAT certain undeveloped portion of
Courthouse Drive designated as parcel 2, shown as the
shaded area on that certain plat entitled "PLAT SHOWING
PROPOSED STREET CLOSURES LOCATED AT THE VIIFGINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE BOROUGH VIRGINIA BEACH,
VA." dated March 2, 1989, and more particularly
described as follows:
BEGINNING at a point in the southern right-of-way line
of Courthouse Drive (401 & var. r/w), said point being
130.15 feet from the southwestern intersection of
Courthouse Drive (301 & var. r/w) and Glebe Road (var.
r/w), thence proceeding in a westerly direction along
the southern right-of-way line of Courthouse Drive (401
& var. r/w) along a bearing of N 451 441 3511 W a
distance of 206.75 feet to a point, said point being in
the dividing line of property of the City of Virginia
Beach (D.B. 1878 p. 310, M.B. 70 p. 3), (D.B. 1530 p.
551, M.B. 109 p. 11), (M.B. 119 p. 38) and property now
or formerly of the City of Virginia Beach (D.B. 2577 p.
742), (M.B. 27 p. 31) (D.B. 2603 p. 1491); thence
turning and proceeding in an easterly direction,
crossing said right-of-way, along a bearing of S 87@
401 4111 E and a distance of 44.87 feet to a point, said
point being in the eastern terminus of a 301 road
(undeveloped) (M.B. 27 p. 31); thence turning and
proceeding in a northerly direction, in the Courthouse
-3- March 9, 1989
Drive right-of-way, along a bearing of N 231 171 45" E
a distance of 10.70 feet to a point, said point being
in the dividing line of property of the City of
Virginia Beach as described in (D.B. 2577 p. 742)
(D.B. 2603 p. 1491) and Parcel A-1 (M.B. 76 p. 18)
Continental Telephone Co. of Va. (D.B. 969 p. 481),
said point also being in the northern line of
Courthouse Drive (401 & var. r/w), thence turning and
proceeding in an easterly direction along the northern
line of Courthouse Drive (401 & var. r/w) a bearing S
45* 44' 3511 E a distance of 193.37 feet to a point,
said point also being in the dividing line of Parcel A-
1 (M.B. 76 p. 18) now or formerly Continental
Telephone Co. of Va. (D.B. 969 p. 481) and Parcel B
(M.B. 77 p. 1) now or formerly the City of virginia
Beach (D.B. 2681 p. 298); thence turning and proceeding
in a southerly direction, leaving the northern line of
Courthouse Drive (40' & var. r/w), along a bearing of S
23' 12' 1211 W a distance of 10.71 feet to a point;
thence continuing in a westerly direction, crossing
said right-of-way, along bearing of S 771 581 5911 W a
distance of 36.05 feet to a point, in the southern line
of Courthouse Road (401 & var. r/w), said point also
being the point of beginning. said parcel being an
undeveloped portion of Courthouse Drive (401 & var.
r/w) and containing 0.182 acres.
PARCEL THREE: ALL THAT portion of Courthouse Drive and
Glebe Road designated as parcel 3, shown as the shaded
area on that certain plat entitled "PLAT SHOWING
PROPOSED STREET CLOSURES LOCATED AT THE VIRGINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE BOROUGH VIRGINIA BEACH,
VA." dated March 2, 1989, and more particularly
described as follows:
BEGINNING at a point in the western right-of-way line
of James Madison Boulevard (1101 r/w) and the southern
line of Courthouse Drive (80' & var. r/w) at the point
of curve; thence along said curve to the left having a
radius of 20.01 and a length of 31.421 to the point of
tangency, being in the southern line of Courthouse
Drive (801 & var. r/w); thence continuing in a westerly
direction along the southern line of Courthouse Drive
(80' & var. r/w) along a bearing of N 57* 461 33" W a
distance of 348.271 to a point; thence continuing along
and binding with said right-of-way line along a bearing
of N 321 151 1011 E a distance of 45.501 to a point,
said point also being the southwestern intersection of
Courthouse Drive (801 & var. r/w) and Glebe Road (var.
-4- March 9, 1989
r/w); thence turning and continuing in a westerly
direction along the southern line of Courthouse Drive
(401 & var. r/w) along on a bearing of N 44@ 27' 5511 W
a distance of 110.671 to a point, thence continuing
westerly along the southern line of Courthouse Drive
(401 & var. r/w) along a bearing of N 45@ 44' 35" W a
distance of 19.48 feet to a point, said point being in
the dividing line of property now or formerly of the
City of Virginia Beach (D.B. 1530 p. 551) (M.B. 119 p.
38) and property now or formerly of the City of
Virginia Beach (D.B. 1878 p. 310) (M.B. 70 p. 3) (D.B.
1530 p. 551) (M.B. 119 p. 38); thence turning and
leaving the southern line of Courthouse Drive (401 &
var. r/w) in an easterly direction along on a bearing
of N 771 581 5911 E and a distance of 36.05 feet to a
point; thence turning and proceeding along a bearing of
N 231 121 1211 E a distance of 10.711 to a point in the
northern line of Courthouse Drive (40' & var. r/w),
said point also being the dividing line of Parcel A-1
(M.B. 76 p. 18) now or formerly Continental Telephone
Co. of Virginia and Parcel B (M.B. 77 p. 1) now or
formerly the city of Virginia Beach (D.B. 2681 p. 298);
thence turning and continuing in an easterly direction
along the northern line of Courthouse Drive (401 & var.
r/w) along a bearing of S 441 531 18" E a distance of
103.62 feet to a point, said point being the
northwestern corner of the intersection of Courthouse
Drive (401 & var. r/w) and Glebe Road (var. r/w),
thence turning and binding the western right-of-way
line of Glebe Road (var. r/w) in a northerly direction
along a bearing of N 31* 051 3111 E a distance of 392.47
feet to a point, said point being the dividing line of
property now or formerly of the City of Virginia Beach
(D.B. 2681 p. 298) and property now or formerly Sovran
Bank (M.B. 77 p. 1) (D.B. 1077 p. 59) thence turning
and proceeding in an easterly direction and crossing
Glebe Road (var. r/w) along on a bearing of S 661 371
05" E a distance of 50.82 feet to a point, said point
being in the eastern line of Glebe Road (var. r/w);
thence turning and proceeding in a southerly direction
along the eastern line of Glebe Road (var. r/w) along a
bearing of S 231 26' 57" w a distance of 395.551 to a
point of curve; thence along said curve to the left
having a radius of 20.01 and a length of 28.351 to a
point of tangency, said point being in the northern
line of Courthouse Drive (801 & var. r/w), said point
also being at the northeastern intersection of Glebe
Road (var. r/w) and Courthouse Drive (801 & var. r/w),
thence proceeding in an easterly direction along the
-5- March 9, 1989
northern line of Courthouse Drive along on a bearing of
S 571 461 3311 E a distance of 227.56 feet to a point of
curve; thence along said curve to the left, having a
radius of 20.0', and a length of 31-31' tO a point on
tangent; said point being at the northwestern
intersection of Courthouse Drive (801 var. r/w) and
James Madison Boulevard (1101 r/w), thence turning and
crossing the right-of-way of Courthouse Drive along the
western line of James Madison Boulevard (1101 r/w) on a
bearing of S 32* 211 2911 W a distance of 119.90 feet to
the point of beginning. said parcel contains 1.511
acres.
PARCEL FOUR: ALL THAT portion of Glebe Road designated
as parcel 4, shown as the shaded area on that certain
plat entitled "PLAT SHOWING PROPOSED STREET CLOSURES
LOCATED AT THE VIRGINIA BEACH MUNICIPAL CENTER PRINCESS
ANNE BOROUGH VIRGINIA BEACH, VA." dated March 2, 1989,
and more particularly described as follows:
BEGINNING at a point at the southwestern intersection
of Glebe Road (501 & var. r/w) and Princess Anne Road
(701 r/w - State Route #165), thence proceeding along
the southern line of Princess Anne Road - Route 165 on
a bearing of S 531 551 13" E a distance of 77.71 feet
to a point of curve; thence turning and proceeding back
towards the point of beginning along a curve to the
left having a radius of 20.01 and a length of 36.141 to
the point of tangency, said point also being in the
eastern line of Glebe Road (501 & var. r/w); thence
proceeding along the eastern line of Glebe Road (501 &
var. r/w) on a bearing of S 23@ 261 5711 W a distance of
242.93 feet to a point; thence turning and proceeding
in a westerly direction crossing Glebe Road right-of-
way on a bearing of N 661 371 0511 W a distance of 50.82
feet to a point, said point being in the western line
of Glebe Road (501 & var. r/w), said point also being
the dividing line of Parcel B (M.B. 77 p. 1) now or
formerly property of City of Virginia Beach (D.B. 2681
p. 298) and Parcel A (M.B. 77 p. 1) now or formerly
Sovran Bank (D.B. 1077 p. 59); thence turning and in a
northerly direction along the western line of Glebe
Road (501 & var. r/w) along a bearing of N 231 221 5511
E a distance of 279.431 to a the point of beginning.
Said parcel contains 0.324 acres.
-6- March 9, 1989
CITY OF VIRGINIA BEACH,
a municipal corporation
By
David S.'Hay
I
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the
city council of the City of Virginia Beach, Virginia, to be held
on the 12th day of February 1 19@O , at 2:00 p.m., 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 streets and to report to the
city Council whether in the opinion of the viewers, what, if any,
inconvenience would result from the vacating, closing and
discontinuance of portions Of same. The said portions of the
streets being described as follows:
PARCEL ONE: ALL THAT certain 30'
oad (undeveloped) designated as
parcel 1, shown as the shaded
area on that c e r t a i n plat
entitled "PLAT SHOWING PROPOSED
STREET CL SURES LOCATED AT THE
VIRGINIA BEACH MUNICIPAL CENTER
PRINCESS ANNE BOROUGH VIRGINIA
BEACH, VA." dated March 2, 1989,
and more particularly described
as follows:
BEGINNING at a point in the
southern right-of-way line at the
western terminus of Courthouse
Drive (40' & var. r/w); said
point being 336.90 feet from the
southwestern intersection of
Courthouse Drive (80' & var. r/w)
and Glebe Road (var. r/w); thence
in a westerly direction, binding
said right-of-way, along a
bearing of N 46* 44- 41" W a
distance of 394.13 feet to a
point at the end of a 30' road
(undeveloped); thence binding
said 30' right-of-way and on a
bearing of N 39* 14, 55" E a
distance of 2 9 - 3 3feet to a
point, in the northern line of
said 301 road, said point also
being in the dividing line of
property now or formerly Hubert
Duncan (D.B. 307 p. 16 m.B. 23 p.
3); thence turning and in an
easterly direction on a bearing
of S 46* 57' 1511 E a distance of
36.12 feet to a point; said point
also being in the dividing line
of property of Hubert Duncan and
the City of Virginia Beach (D.B.
2577 P. 0742 D.B. 2603 p. 1491);
thence continuing in an easterly
direction along a bearing of S
4 6 0 4 4 ' 4111 E a distance of
393.95 feet to a point, said
point being in the northern line
of the western terminus of
Courthouse Drive (40' & var.
r/w); thence turning and in a
westerly direction, crossing said
30, road, along a bearing of N
87- 401 41" W a distance of 44.87
feet to the point of beginning.
Said parcel contains 0.2780
acres. This parcel also being a
30 1road (undeveloped), now or
formerly property of the City of
Virginia Beach as described in
D.B. 807, p. 212.
PARCEL TWO: ALL THAT certain
ndeveloped portion of Courthouse
Drive designated as parcel 2,
shown as the shaded area on that
certain plat entitied "PLAT
SHOWING PROPOSED STREET CLOSURES
foCA-TED AT THE VIRGINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA.'-
dated March 2, 1989, and more
particularly described as
follows:
BEGINNING at a point in the
southern right-of-way line of
Courthouse Drive (40' & var.
r/w) , said point being 130.15
feet from the southwestern
intersection of Courthouse Drive
(30' & var. r/w) and Glebe Road
(var. r/w) , thence proceeding in
a westerly direction along the
southern right-of-way line of
courthouse Drive (401 & var. r/w)
along a bearing of N 45' 44' 35"
W a distance of 206.75 feet to a
point, said point being in the
dividing line of property of the
City of Virginia Beach (D.B. 1878
p. 310, M.B. 70 p. 3), (D. 13.
1530 p. 551, M.B. 109 P. 11),
(M.B. 119 p. 38) and property now
or formerly of the CitY Of
virginia Beach (D.B. 2577 p.
742), (M.B. 27 p. 31) (D.B. 2603
p. 1491); thence turning and
proceeding in an easterly
direction, crossing said right-
of-way, along a bearing of S 87*
40' 41" E and a distance of 44.87
feet to a point, said point being
in the eastern terminus of a 30'
road (undeveloped) (M.B. 27 p.
31 ) ; thence t u r n i n g and
proceeding in a northerly
direction, in the Courthouse
Drive right-of-way, along a
bearing of N 23* 171 45-. E a
distance of 1 0 . 7 0 feet to a
point, said point being in the
dividing line of property of the
C i t y of Virginia Beach as
described in (D.B. 2577 p. 742)
(D.B. 2603 p. 1491) and Parcel A-
2
1 (M.B. 76 p. 18) Continental
Telephone Co- of Va. (D.B. 969 p.
481), said point also being in
the northern line of Courthouse
Drive (40' & var. r/w), thence
turning and proceeding in an
easterly direction along the
northern line of Courthouse Drive
(40' & var. r/w) a bearing S 450
44- 35-1 E a distance of 193.37
feet to a point, said point also
being in the dividing line of
Parcel A-1 (M.B. 76 p. 18) now or
formerly Continental Telephone
co. of Va. (D.B. 969 p. 481) and
Parcel B (M.B. 77 P. 1) now or
formerly the City Of Virginia
Beach (D.B. 2681 p. 298); thence
turning and proceeding in a
southerly direction, leaving the
northern line of Courthouse Drive
(40' & var. r/w), along a bearing
of S 23@ 12' 12" W a distance of
10.71 feet to a point; thence
continuing in a westerly
direction, crossing said right-
of-way, along bearing of S 77*
58- 59" w a distance Of 36.05
feet to a point, in the southern
line of Courthouse Road (40' &
var. r/w), said point also being
the point of beginnin(:J. Said
parcel being an undeveloped
portion of Courthouse Drive (40'
& var. r/w) and containing 0.182
acres.
PARCEL THREE: ALL TRAT portion
of Co rthouse Drive and Glebe
Road designated as parcel 3,
shown as the shaded area on that
certain plat entitled "PLAT
SHOWING PROPOSED STREET CLOSURES
TOCA-TED AT THE VIRGINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA."
dated march 2, 1989, and more
particularly described as
follows:
BEGINNING at a point in the
western right-of-way line of
James Madison Boulevard (110-
r/w) and the southern line of
Courthouse Drive (80- & var. r/w)
at the point of curve; thence
along said curve to the left
having a radius of 20.0' and a
length of 31.42' to the point of
tangency, being in the southern
line of Courthouse Drive (80' &
var. r/w); thence continuing in a
westerly direction along the
southern line of Courthouse Drive
(80' & var. r/w) along a bearing
of N 57- 461 33" W a distance of
348.27' to a point; thence
continuing along and binding with
said right-of-way line along a
bearing of N 32* 15- 10-1 E a
3
distance of 45-50' to a point,
said point also being the
southwestern intersection of
courthouse Drive (80- & var. r/w)
and Glebe Road (var. r/w); thence
turning and continuing in a
westerly direction alc)ng the
southern line of Courthouse Drive
(40- & var. r/w) along " on a
bearing of N 44* 27- 55 W a
distance of 110.67- to a point,
thence continuing westerly along
the southern line of Courthouse
Drive (40' & var. r/w) along a
bearing of N 45* 44, 35" W a
distance of 19.48 feet to a
point, said point being in the
dividing line of property now or
formerly of the city of Virginia
Beach (D.B. 1530 P. 551) (M.B-
jig p. 38) and property now or
formerly of the City of Virginia
Beach (D.B. 1878 p. 310) (M.B. 70
p. 3) (D.B. 1530 p. 551) (M.B-
119 p. 38); thence turning and
leaving the southern line of
Courthouse Drive (40' & var. r/w)
in an easterly direction along on
a bearing of N 77* 58' 59" E and
a distance of 36.05 feet to a
point; thence turning and
proceeding along a bearing of N
2 3 0 12- 12" E a distance of
1 0 . 7 1 ' to a p o i n t in the
northern line of Courthouse Drive
(40' & var. r/w), said point also
being the dividing line of Parcel
A-1 (M.B. 76 p. 18) now or
formerly Continental Telephone
co. of Virginia and Parcel B
(M.B. 77 P. 1) now or formerly
the city of virginia Beach (D.B.
2681 p. 298); thence turning and
continuing in an easterly
direction along the northern line
of Courthouse Drive (40' & var.
r/w) along a bearing of S 44@ 53'
1811 E a distance of 103.62 feet
to a point, said point being the
northwestern corner of the
intersection of Courthouse Drive
(40' & var. r/w) and Glebe Road
(var. r/w), thence turning and
binding the western right-of-way
line of Glebe Road (var. r/w) in
a northerly direction along a
bearing of N3 1 0 0 5 1 3111 E a
distance of 392.47 feet to a
point, said point being the
dividing line of property now or
formerly of the City of Virginia
Beach (D.B- 2681 p. 298) and
property now or formerly Sovran
Bank (M.B. 77 p. 1) (D.B. 1077 p.
59) thence turning and proceeding
in an easterly direction and
crossing Glebe Road (var. r/w)
along on a bearing of S 660 37'
05" E a distance of 50.82 feet to
a point, said point being in the
4
eastern line of Glebe Road (var.
r/w) ; thence t u r n i n g and
proceeding in a southerly
direction along the eastern line
of Glebe Road (var. r/w) along a
bearing of S 23* 26' 57" W a
distance of 395.55' to a point of
curve; thence along said curve to
the left having a radius of 20.0'
and a length of 28.35' to a point
of tangency, said point being in
the northern line of Courthouse
Drive (80' & var. r/w), said
point a 1 s o b e i n g at t h e
northeastern intersection of
Glebe Road (var. r/w) and
Courthouse Drive (80' & var .
r/w) , thence proceeding in an
easterly direction along the
northern line of Courthouse Drive
along on a bearing of S 57* 46'
33" E a distance of 227.56 feet
to a point of curve; thence along
said curve to the left, having a
radius of 20.0' , and a length of
31.31' to a point on tangent;
s a i d p o i n t b e i n g at t h e
northwestern intersection of
Courthouse Drive (801 var. r/w)
and James Madison Boulevard (110'
r/w), thence turning and crossing
the right-of-way of Courthouse
Drive along the western line of
James Madison Boulevard (110'
r/w) on a bearing of S 32* 21'
29" W a distance of 119.90 feet
to the point of beginning. Said
parcel contains 1.511 acres.
PARCEL FOUR: ALL THAT portion of
lebe Road designated as parcel
4, shown as the shaded area on
that certain plat entitled "PLAT
SHOWING PROPOSED STREET CLOSURES
fOCA-TED AT THE VIRGINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA."
dated March 2, 1989, and more
particularly described as
follows:
BEGINNING at a point at the
southwestern intersection of
Glebe Road (501 & var. r/w) and
Princess Anne Road (701 r/w-
S t a t e Route #165) thence
proceeding along the southern
line of Princess Anne Road-
Route 165 on a bearing of S 53@
55' 13" E a distance of 77.71
feet to a point of curve; thence
turning and proceeding back
towards the point of beginning
along a curve to the left having
a radius of 20.0' and a length
of 3 6 . 1 4 ' to the point of
tangency, said point also being
in the eastern line of Glebe Road
( 5 0 ' & v a r . r/w) ; thence
proceeding along the eastern line
5
of Glebe Road (50' & var. r/w) on
a bearing of S 23@ 26' 57.1 W a
distance of 242.93 feet to a
point; thence turning and
proceeding in a westerly
direction crossing Glebe Road
right-of-way on a bearing of N
66- 37' 05" W a distance of 50.82
feet to a point, said point being
in the western line of Glebe
Road (50' & var. r/w), said point
also being the dividing line of
Parcel B (M.B. 77 p. 1) now or
formerly property of City of
virginia Beach (D.B. 2681 p. 298)
and Parcel A (M.B. 77 P. 1) now
or formerly Sovran Bank (D.B.
1077 p. 59); thence turning and
in a northerly direction along
the western line Of Glebe Road
(50' & var. r/w) along a bearing
of N 231 22' 55" E a distance of
279 . 43 ' to a the point of
beginning. Said parcel contains
0.324 acres.
At that time, anyone affected may appear and be
heard.
After the report of the viewers is received, at
the next regular meeting of the City Council, or as soon
thereafter as the matter may be placed on the agenda, the
undersigned will Petition the City Council to vacate, close and
discontinue the portions of the streets in the City of Virginia
Beach, Virginia, described above.
CITY OF VIRGINIA BEACH
a municipal corporatio@
By
Of Countel
David S. Hay, Esquire
City Attorney's Office
Virginia Beach, VA 23456
(804) 427-4531
6
ORDINANCE NO.
1 IN THE t4ATTER OF CLOSING, VACATING AND
2 DISCONTINUING OF THAT CERTAIN 30- ROAD
3 (UNDEVELOPED) AND PORTIONS OF THOSE CERTAIN
4 STREETS OF VARIABLE WIDTH, KNOWN AS COURTHOUSE
5 DRIVE AND GLEBE ROAD, AS SHOWN UPON TliAT CERTAIN
6 PLAT ENTITLED, "PLAT SHOWING PROPOSED STREET
7 CLOSURES LOCATED T THE VIRGINIA BEACH MUNICIPAL
8 CENTER PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA."
9 WHICH PLAT IS ATTACHED HERETO.
10 WHEREAS, it appearing by affidavit that proper
11 notice has been given by the City of Virginia Beach, a municipal
12 corporation, that they would make application to the Council of
13 the City of Virginia Beach, Virginia, on 1 1989,
14 to have portions of the hereinafter described streets discontinued,
15 closed, and vacated; and
16 WHEREAS, it is the judgment of the Council that
17 said streets be discontinued, closed, and vacated;
18 NOW, THEREFORE,
19 SECTION I
20 BE IT ORDAINED by the Council of the City of
21 Virginia Beach, Virginia, that the hereinafter described streets
22 be discontinued, closed, and vacated;
23 PARCEL ONE: ALL THAT certain 301
24 oad (undeveloped) designated as
25 parcel 1, shown as the shaded area
26 on that certain plat entitled
27 "PLAT SHOWING PROPOSED STREET
28 CLOSURES LOCATED AT THE VIRGINIA
29 BEACH MUNICIPAL CENTER PRINCESS
30 ANNE BOROUGH VIRGINIA BEACH, VA."
31 dated March 2, 1989, and more
32 particularly described as follows:
33 BEGINNING at a point in the
34 southern right-of-way line at the
35 western terminus of Courthouse
36 Drive (40' & var. r/w); said point
37 being 336.90 feet from the
38 southwestern intersection of
39 Courthouse Drive (801 & var. r/w)
40 and Glebe Road (var. r/w); thence
41 in a westerly direction, binding
42 said right-of-way, along a bearing
43 of N 460 44' 41" W a distance of
44 394.13 feet to a point at the end
45 of a 30' road (undeveloped);
46 GPIN #1494-73-3118
47 thence binding said 30' right-of-
48 way and on a bearing of N 390 141
49 55" E a distance of 29.33 feet to
50 a point, in the northern line of
51 said 30' road, said point also
52 being in the dividing line of
53 property now or formerly Hubert
54 Duncan (D.B. 307 p. 16 M.B. 23 p.
55 3); thence turning and in an
56 easterly direction on a bearing of
57 S 46* 57' 15" E a distance of
58 36.12 feet to a point; said point
59 also being in the dividing line of
60 property of Hubert Duncan and the
61 City of Virginia Beach (D.B. 2577
62 p. 0742 D.B. 2603 p. 1491); thence
63 continuing in an easterly
64 direction along a bearing of S 460
65 44' 41" E a distance of 393.95
66 feet to a point, said point being
67 in the northern line of the
68 western terminus of Courthouse
69 Drive (40' & var. r/w); thence
70 turning and in a westerly
71 direction, crossing said 30' road,
72 along a bearing of N 870 40- 41"
73 W a distance of 44.87 feet to the
74 point of beginning. Said parcel
75 contains 0 . 2780 acres. This
76 parcel also being a 30' road
77 (undeveloped), now or formerly
78 property of the City of Virginia
79 Beach as described in D.B. 807, p.
80 212.
81 PARCEL TWO: ALL THAT certain
82 ndeveloped portion of Courthouse
83 Drive designated as parcel 2,
84 shown as the shaded area on that
85 certain plat entitled "PLAT
86 SHOWING PROPOSED STREET CLOSURES
87 LOCATED AT THE VIRGINIA BEACH
88 MUNICIPAL CENTER PRINCESS ANNE
89 BOROUGH VIRGINIA BEACH, VA." dated
90 March 2, 1989, and more
91 particularly described as follows:
92 BEGINNING at a point in the
93 southern right-of-way line of
94 Courthouse Drive (40' & var. r/w),
95 said point being 130.15 feet from
96 the southwestern intersection of
97 Courthouse Drive (301 & var. r/w)
98 and Glebe Road (var. r/w), thence
99 proceeding in a westerly direction
100 along the southern right-of-way
101 line of Courthouse Drive (401 &
102 var. r/w) along a bearing of N 450
103 44' 3511 W a distance of 206.75
104 feet to a point, said point being
105 in the dividing line of property
106 of the City of Virginia Beach
107 (D.B. 1878 p. 310, M.B. 70 p. 3),
108 (D.B. 1530 p. 551, M.B. 109 p.
109 11) , (M.B. 119 p. 38) and property
110 now or formerly of the City of
ill Virginia Beach (D.B. 2577 p. 742),
112 (M.B. 27 p. 31) (D.B. 2603 p.
113 1491); thence turning and
114 proceeding in an easterly
2
115 direction, crossing said right-of-
116 way, along a bearing of s 870 401
117 41" E and a distance of 44.87 feet
118 to a Point, said point being in
119 the eastern terminus of a 30, road
120 (undeveloped) (M.B. 27 P. 31);
121 thence turning and proceeding in
122 a northerly direction, in the
123 Courthouse Drive right-of-way,
124 along a bearing of N 23- 17, 45"
125 E a distance of 10.70 feet to a
126 point, said point being in the
127 dividing line of property of the
128 City of Virginia Beach as
129 described in (D.B. 2577 P. 742)
130 (D.B. 2603 p. 1491) and Parcel A-
131 1 (M.B. 76 p. 18) Continental
132 Telephone Co. of Va. (D.B. 969 p.
133 481), said point also being in the
134 northern line of Courthouse Drive
135 (401 & var. r/w), thence turning
136 and proceeding in an easterly
137 direction along the northern line
138 of Courthouse Drive (40, & var.
139 r/w) a bearing S 450 44- 35" E a
140 distance of 19 3 . 37 feet to a
141 point, said point also being in
142 the dividing line of Parcel A-1
143 (M-B- 76 p. 18) now or formerly
14 4 continental Telephone Co. of Va.
145 (D.B. 969 p. 481) and Parcel B
146 (M.B. 77 p. 1) now or formerly the
147 L;ity of Virginia Beach (D.B. 2681
148 P. 298); thence turning and
149 proceeding in a southerly
150 direction, leaving the northern
151 line of Courthouse Drive (401 &
152 var. r/w), along a bearing of s
153 230 121 12" W a distance of 10.71
154 feet to a point; thence continuing
155 in a westerly direction, crossing
156 said right-of-way, along bearing
157 of S 770 58' 59" W a distance of
158 36.05 feet to a point, in the
159 southern line of Courthouse Road
160 (401 & var. r/w), said point also
161 being the point of beginning.
162 Said parcel being an undeveloped
163 portion of Courthouse Drive (40'
164 & var. r/w) and containing 0.182
165 acres.
166 PARCEL THREE: ALL TIIAT portion of
167 courthouse Drive and Glebe Road
168 designated as parcel 3, shown as
169 the shaded area on that certain
170 plat entitled "PLAT SHOWING
171 PROPOSED STREET CLOSURES LOCATED
172 AT THE VIRGINIA BEACH MUNICIPAL
173 CENTER PRINCESS ANNE BOROUGH
174 VIRGINIA BEACH, VA.'- dated March
175 2, 1989, and More particularly
176 described as follows:
177 BEGINNING at a point in the
178 western right-of-way line of James
179 Madison Boulevard (110' r/w) and
180 the southern line of Courthouse
181 Drive (80, & var. r/w) at the
182 point of curve; thence along said
3
183 curve to the left having a radius
184 of 20.0' and a length of 31.42- to
185 the point of tangency, being in
186 the southern line of Courthouse
187 Drive (801 & var. r/w); thence
188 continuing in a westerly direction
189 along the southern line of
190 Courthouse Drive (80' & var. r/w)
191 along a bearing of N 570 46' 33"
192 W a distance of 348.27, to a
193 point; thence continuing along and
194 binding with said right-of-way
195 line along a bearing of N 320 151
196 10" E a distance of 45.501 to a
197 point, said point also being the
198 southwestern intersection of
199 Courthouse Drive (80' & var. r/w)
200 and Glebe Road (var. r/w); thence
201 turning and continuing in a
202 westerly direction along the
203 southern line of Courthouse Drive
204 (40' & var. r/w) along on a
205 bearing of N 440 27' 55" W a
206 distance of 110.67' to a point,
207 thence continuing westerly along
208 the southern line of Courthouse
209 Drive (40' & var. r/w) along a
210 bearing of N 450 44' 35" W a
211 distance of 19.48 feet to a point,
212 said point being in the dividing
213 line of property now or formerly
21 4 of the City of Virginia Beach
215 (D.B. 1530 p. 551) (M.B. 119 p.
216 38) and property now or formerly
217 of the City of Virginia Beach
218 (D.B. 1878 p. 310) (M.B. 70 p. 3)
219 (D.B. 1530 p. 551) (M.B. 119 p.
220 '8); thence turning and leaving
221 the southern line of Courthouse
222 Drive (401 & var. r/w) in an
223 easterly direction along on a
224 bearing of N 770 58- 59" E and a
225 distance of 36.05 feet to a point;
226 thence turning and proceeding
227 along abearing of N 230 12' 12"
228 E a distance of 10.71' to a point
229 in the northern line of Courthouse
230 Drive (40' & var. r/w) , said point
231 also being the dividing line of
232 Parcel A-1 (M.B. 76 p. 18) now or
233 formerly Continental Telephone Co.
234 of Virginia and Parcel B (M.B. 77
235 p'1) now or formerly the City of
236 virginia Beach (D.B. 2681 p. 298);
237 thence turning and continuing in
238 an easterly direction along the
239 northern line of Courthouse Drive
240 (40' & var. r/w) along a bearing
241 of S 440 531 18" E a distance of
242 103.62 feet to a point, said point
243 being the northwestern corner of
244 the intersection of Courthouse
245 Drive (40' & var. r/w) and Glebe
246 Road (var. r/w), thence turning
247 and binding the western right-of-
248 @ay line of Glebe Road (var. r/w)
249 in a northerly direction along a
250 bearing of N 31* 05' 31" E a
251 distance of 392.47 feet to a
252 point, said point being the
4
253 dividing line of property now or
2 54 formerly of the City of Virginia
255 Beach (D. B. 2681 P. 298) and
256 property now or formerly Sovran
257 Bank (M.B. 77 p. 1) (D.B. 1077 p.
258 59) thence turning and proceeding
259 in an easterly direction and
260 crc)ssing Glebe Road (var. r/w)
261 along on a bearing of S 660 37,
262 05" E a distance of 50.82 feet to
263 a point, said point being in the
264 eastern line of Glebe Road (var.
265 r/w); thence turning and
266 proceeding in a southerly
267 direction along the eastern line
268 of Glebe Road (var. r/w) along a
269 bearing of S 23- 26 - 57', W ,
270 distance of 395.55' to a point of
271 curve; thence along said curve to
272 the left having a radius of 20.01
273 and a length of 28.35' to a point
274 of tangency, said point being in
27 5 the northern line of Courthouse
276 Drive (801 & var. r/w), said point
277 @lso being at the northeastern
278 intersection of Glebe Road (var.
279 r/w) and Courthouse Drive (801 &
280 var. r/w), thence proceeding in an
281 easterly direction along the
282 northern line of Courthouse Drive
283 along on a bearing of S 57- 46'
284 33" E a distance of 227.56 feet to
285 a point of curve; thence along
286 said curve to the left, having a
287 radius of 20.01, and a length of
288 31.311 to a point on tangent; said
289 point being at the northwestern
290 intersection of Courthouse Drive
291 (80' var. r/w) and James Madison
292 Boulevard (110' r/w), thence
293 turning and crossing the right-of-
294 way of Courthouse Drive along the
295 western line of James Madison
296 BOUlevard (110' r/w) on a bearing
297 of S 321 21' 29" W a distance of
298 119-90 feet to the point of
299 beginning. Said parcel contains
300 1.511 acres.
301 PARCEL FOUR: ALL THAT portion of
302 Glebe Ro d@designated as parcel 4,
303 shown as the shaded area on that
304 certain plat entitled "PLAT
305 SHOWING PROPOSED STREET CLOSURES
306 LOCATED AT THE VIRGINIA BEACH
307 MUNICIPAL CENTER PRINCESS ANNE
308 BOROUGH VIRGINIA BEACH, VA. -1 dated
309 March 2, 1989, and more
310 Particularly described as follows:
311 BEGINNING at a point at the
312 southwestern intersection of Glebe
313 Road (50' & var. r/w) and Princess
314 Anne Road (70, r/w - State Route
315 #165), thence proceeding along the
316 southern line of Princess Anne
317 Road - Route 165 on a bearing of
318 S 531 551 13" E a distance of
319 77-71 feet to a point of curve;
320 thence turning and proceeding back
5
321 towards the point of beginning
322 along a curve to the left having
323 a radius of 20.0' and a length of
324 36.141 to the point of tangency,
325 said point also being in the
326 eastern line of Glebe Road (501 &
327 var. r/w) ; thence proceeding along
328 the eastern line of Glebe Road
329 (501 & var. r/w) on a bearing of
330 S 23* 26' 57" W a distance of
331 242.93 feet to a point; thence
33 2 turning and proceeding in a
333 westerly direction crossing Glebe
334 Road right-of -way on a bearing of
335 N 660 37' 05" W a distance of
336 50.82 feet to a point, said point
337 being in the western line of Glebe
338 Road (50' & var. r/w), said point
339 also being the dividing line of
340 Parcel B (M.B. 77 p. 1) now or
341 formerly property of City of
342 virginia Beach (D.B. 2681 p. 298)
343 and Parcel A (M.B. 77 P. 1) now or
344 formerly Sovran Bank (D.B. 1077 p.
345 59); thence turning and in a
346 northerly direction along the
347 western line of Glebe Road (501 &
348 var. r/w) along a bearing of N 230
349 22' 55" E a distance of 279.431 to
350 a the point of beginning. Said
351 parcel contains 0.324 acres.
352 Said parcels of land are shown on that certain
353 piat entitled "PLAT SHOWING PROPOSED STREET CLC)SURES LOCATED AT
354 THE VIRGINIA BEACH MUNICIPAL CENTER PRINCESS ANNE BOROUGH VIRGINIA
355 BEACH, VA." which plat is to be recorded in the Clerk@s Office of
356 the Circuit Court of the City of Virginia Beach, Virginia, upon
357 adoption of this ordinance, and is made a part hereof by
358 reference.
359 SECTION II
360 A certified copy of this Ordinance shall be filed
361 in the Clerk's Office of the Circuit Court of the City of Virginia
362 Beach, Virginia, and indexed in the name of the City of Virginia
363 Beach as Grantor.
364
365 Adopted:
6
"FIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, David S. Hay, Deputy City Attorney for the
CitY Of Virginia Beach, being first duly sworn, deposes and
states:
1. That I am an attorney at law and represent
the City of Virginia Beach, a municipal corporation.
2. That on the - day of
1989, and -day of , 1989, Notice of the
presenting of the application to close portions of those certain
streets known as Courthouse Drive, Glebe Road and an undeveloped
30' Road, on behalf of the City of Virginia Beach was published
in the Virginia Beach Sun, a newspaper of general circulation in
the City of Virginia Beach, Virginia as evidenced by the
publisher's affidavit attached hereto.
And further the deponent saith not.
avid S. Hay
Subscribed and sworn to before me this day
of 1989.
Notary
My Commission Expires:
PARCEL ONE: THAT certain 301
Road (u6d-eveloped) designated as
parcel 1, shown as the shaded
area on that certain plat
entitled "PLAT SHOWING PROPOSED
STREET CL SURES LOCATED AT THE
VIRGINIA BEACH MUNICIPAL CENTER
PRINCESS ANNE BOROUGH VIRGINIA
BEACH, VA." dated March 2, 1989,
and more particularly described
as follows:
BEGINNING at a point in the
southern right-of-way line at the
western terminus of Courthouse
Drive (40' & var. r/w); said
point being 336.90 feet from the
southwestern intersection of
Courthouse Drive (80' & var. r/w)
and Glebe Road (var. r/w) ;
thence in a westerly direction,
binding said right-of-way, along
a bearing of N 460 44, 41-1 W a
distance of 394.13 Eeet to a
point at the end of a 30' road
(undeveloped); thence binding
said 301 right-of-way and on a
bearing of N 39- 14, 55 E a
distance of 2 9 . 3 3 feet t, a
point, in the northern line of
said 30' road, said point also
being in the dividing line of
property now or formerly Hubert
Duncan (D.B. 307 p. 16 M.B. 23 p.
3); thence turning and in an
easterly direction on a bearing
Of S 46* 57' 15" E a distance of
36.12 feet to a point; said point
also being in the dividing line
of property of Hubert Duncan and
the City of Virginia Beach (D.B.
2577 p. 0742 D.B. 2603 p. 1491);
thence continuing in an easterly
direction along a bearing of S
4 6 0 4 4 ' 41" E a distance of
393-95 feet to a point, said
point being in the northern line
of the western terminus of
Courthouse Drive ( 40 - & var .
r/w) ; thence turning and in a
westerly direction, crossing said
30' road, along a bearing of N
87* 40' 41" W a distance of 44.87
feet to the point of beginning.
Said parcel contains 0.2780
acres. This parcel also being a
30' road (undeveloped), now or
formerly property of the City of
Virginia Beach as described in
D.B. 807, p. 212.
PARCEL TWO: ALL THAT certain
ndeveloped portion of Courthouse
Drive designated as parcel 2,
shown as the shaded area on that
certain plat entitled "PLAT
SHOWING PROPOSED STREET CLOSURES
OCATED AT THE VIRGINIA 13EACH
MUNICIPAL CENTER PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA."
dated March 2, 1989, and more
particularly described as
follows:
BEGINNING at a point in the
southern right-of-way line of
Courthouse Drive (40' & var.
r/w), said point being 130.15
feet from the southwestern
intersection of Courthouse Drive
(30' & var. r/w) and Glebe Road
(var. r/w), thence proceeding in
a westerly direction along the
southern right-of-way line of
Courthouse Drive (40' & var. r/w)
along a bearing of N 45- 44- 35"
W a distance of 206.75 Eeet to a
point, said point being in the
dividing line of property of the
2
city of Virginia Beach (D.B. 1878
P. 310, M.B. 70 p. 3), (D.B.
1530 p. 551, M.B. 109 P. 11),
(M.B. 119 p. 38) and property now
or formerly of the City of
virginia Beach (D.B. 2577 P.
742), (M.B. 27 p. 31) (D.B. 2603
p. 1491); thence turning and
proceeding in an easterly
direction, crossing said right-
of-way, along a bearing of S 87*
401 4111 E and a distance of 44.87
feet to a point, said point being
in the eastern terminus of a 30'
road (undeveloped) (M.B. 27 P.
3 1 ) ; thence t u r n i n g a n d
proceeding in a northerly
direction, in the Courthouse
Drive right-of-way, along a
bearing of N 23- 17' 45" E a
distance of 1 0 . 7 0 f e e t to a
point, said point being in the
dividing line of property of tbe
c i t y of virginia Beach as
described in (D.B. 2577 p. 742)
(D.B. 2603 p. 1491) and Parcel A-
1 (M.B. 76 p. 18) Continental
Telephone Co. of Va. (D.B- 969 p.
481), said point also being in
the northern line of Courthouse
Drive (40' & var. r/w), thence
turning and proceeding in an
easterly direction along the
northern line of Courthouse Drive
(401 & var. r/w) a bearing S 45*
441 35" E a distance of 193-37
feet to a point, said point also
being in the dividing line of
Parcel A-1 (M.B. 76 p. 18) now or
formerly Continental Telephone
Co. of Va. (D.B. 969 p. 481) and
Parcel B (M.B. 77 p. 1) now or
formerly the City of Virginia
Beach (D.B. 2681 p. 298); thence
turning and proceeding in a
southerly direction, leaving the
northern line of Courthouse Drive
(401 & var. r/w), along a bearing
of S 23* 12' 12" W a distance of
10.71 feet to a point; thence
continuing in a westerly
direction, crossing said right-
of-way, along bearing of S 77*
5 8 1 59" W a distance of 36.05
feet to a point, in the southern
line of Courthouse Road (40' &
var. r/w), said point also being
the point of beginning. Said
parcel being an undeveloped
portion of Courthouse Drive (40'
& var. r/w) and containing 0.182
acres.
PARCEL THREE: ALL THAT portion
f courthouse Drive and Glebe
Road designated as parcel 3,
shown as the shaded area on that
certain plat entitled "PLAT
SHOWING PROPOSED STREET CLOSURES
fOCA-TED AT THE VIRGINIA BEACH
3
MUNICIPAL CENTER PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA.'-
dated March 2, 1989, and more
particularly described as
follows:
BEGINNING at a point in the
western right-of-way line of
James Madison Boulevard (1101
r/w) and the southern line of
Courthouse Drive (80' & var. r/w)
at the point of curve; thence
along said curve to the left
having a radius of 20.0' and a
length of 31.421 to the point of
tangency, being in the southern
line of Courthouse Drive (801 &
var. r/w); thence continuing in a
westerly direction along the
southern line of Courthouse Drive
(80' & var. r/w) along a bearing
of N 571 46' 3311 W a distance of
3 4 8 . 2 7 'to a point; thence
continuing along and binding with
said right-of-way line along a
bearing of N 321 151 10" E a
distance of 45.50' to a point,
said p o i n t also being the
southwestern intersection of
Courthouse Drive (80' & var. r/w)
and Glebe Road (var. r/w); thence
turning at@d continuing in a
westerly direction along the
southern line of Courthouse Drive
(40' & var. r/w) along on a
bearing of N 440 27' 5511 W a
distance of 110.67' to a point,
thence continuing westerly along
the southern line of Courthouse
Drive (40' & var. r/w) along a
bearing of N 450 44' 35" W a
distance of 19.48 feet to a
point, said point being in the
dividing line of property now or
formerly of the City of Virginia
Beach (D.B. 1530 p. 551) (M.B.
119 p. 38) and property now or
formerly of the City of Virginia
Beach (D.B. 1878 p. 310) (M.B. 70
p. 3) (D.B. 1530 p. 551) (M.B.
119 p. 38); thence turning and
leaving the southern line of
Courthouse Drive (40' & var. r/w)
in an easterly direction along on
a bearing of N 771 58' 59" E and
a distance of 36.05 feet to a
point; thence turning and
proceeding along a bearing of N
23* 12' 12" E a distance of
1 0 . 7 1 'to a point in the
northern line of Courthouse Drive
(40' & var. r/w), said point also
being the dividing line of Parcel
A-1 (M.B. 76 p. 18) now or
forrnerly Continental Telephone
Co. of Virginia and Parcel B
(M.B- 77 p. 1) now or formerly
the City of Virginia Beach (D.B.
2681 p. 298); thence turning and
continuing in an easterly
4
direction along the northern line
of Courthouse Drive (40, & var.
r/w) along a bearing of S 440 53,
18" E a distance of 103.62 feet
to a point, said point being tbe
northwestern corner of the
intersection of Courthouse Drive
(401 & var. r/w) and Glebe Road
(var . r/w) , thence turning and
binding the western right-of-
way line of Glebe Road (var. r/w)
in a northerly direction along a
bearing of N 31- 05, 31" E a
distance of 392.47 feet to a
point, said point being the
dividing line of property now or
formerly of the City of Virginia
Beach (D.B. 2681 p. 298) and
property now or formerly Sovran
Bank (M.B. 77 p. 1) (D.B. 1077 p.
59) thence turning and proceeding
in an easterly direction and
crossing Glebe Road (var. r/w)
along on a bearing of S 66- 37,
05" E a distance of 50.82 feet to
a point, said point being in the
eastern line of Glebe Road (var.
r/w) ; thence t u r n i n g a n d
proceedirig in a southerly
direction along the eastern line
of Glebe Road (var. r/w) along a
bearing of S 230 26, 57" W a
distance of 395.55' to a point of
curve; thence along said curve to
the left having a radius of 20.01
and a length of 28.35' to a point
of tangency, said point being in
the northern line of Courthouse
Drive (801 & var. rlw), said
p o i n t a 1 s o b e i n g at t h e
northeastern intersection of
Glebe Road var . r/w) and
Courthouse Drive ( 8 0 ' & var .
r/w) , thence proceeding in an
easterly direction along the
northern line of Courthouse Drive
along on a bearing of S 57- 46-
33" E a distance of 227.56 feet
to a point of curve; thence
along said curve to the left,
having a radius of 20.0', and a
length of 31.31' to a point on
tangent; said point being at the
northwestern intersection of
Courthouse Drive (80' var. r/w)
and James Madison Boulevard (110,
r/w) , thence t u r n i n g a n d
crossing the right-of-way of
Courthouse Drive along the
western line of James Madison
Boulevard (110' r/w) on a bearing
of S 321 21' 2911 W a distance of
119-90 feet to the point of
beginning. Said parcel contains
1.511 acres.
PARCEL FOUR: ALL THAT portion of
Glebe Road designated as parcel
4, shown as the shaded area on
that certain plat entitled "PLAT
5
SHOWING PROPOSED STREET CLOSURES
OCATED AT THE VIRGINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA. "
dated march 2, 1989, and more
particularly described as
follows:
BEGINNING at a point at the
southwestern intersection of
Glebe Road (501 & var. r/w) and
PrinceSS Anne Road (70, r/w-
S t a t e Route #165), thence
proceeding along the Southern
line Of Princess Anne Road-
Route 165 on a bearing of S 53-
55' 13" E a distance of 77.71
feet to a point of curve; thence
turning and proceeding back
towards the point of beginning
along a curve to the left having
a radius of 20.0' and a length
of 3 6 . 1 4 1 to the point of
tangency, said point also being
in the eastern line of Glebe Road
( 5 0 1 & var. r/w) ; thence
proceeding along the eastern line
of Glebe Road (50' & var. r/ w) on
a bearing of S 23- 26, 57- W a
distance of 242.93 feet to ,
point; thence t u r n i n g and
proceeding in a westerly
direction crossing Glebe R,ad
right-of-way on a bearing of N
66* 37' 05" W a distance of 50.82
feet to a point, said point being
in the western line of Glebe
Road (501 & var. r/w), said point
also being the dividing line of
Parcel B (M.B. 77 p. 1) now or
formerly property of City of
Virginia Beach (D.B. 2681 p. 298)
and Parcel A (M.B. 77 p. 1) now
or formerly Sovran Bank (D.B.
1077 P. 59); thence turning and
in a northerly direction along
the western line of Glebe Road
(501 & var. r/w) along a bearing
of N 230 22' 55" E a distance of
2 7 9 . 4 3 1 to a the point of
beginning. Said parcel contains
0.324 acres.
6
LEGAL DESCRIPTION
PARCEL ONE: THAT certain 30' Road (undeveloped)
eSignated as parcel 1, shown as the shaded area on
that certain plat entitled "PLAT SHOWING PROPOSED
STREET CLOSURES LOCATED AT THE IRGINIA BEAC@ MUNICIPAL
CENTER PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA." dated
March 2, 1989, and more particularly described as
follows:
BEGINNING at a point in the southern right-of-way line
at the western terminus of Courthouse Drive (40' & var.
r/w); said point being 3 3 6 . 9 0feet from th,
southwestern intersection Of Courthouse Drive (801 &
var. r/w) and Glebe Road (var. r/w) ; thence in a
westerly direction, binding said right-of-way, along a
bearing of N 460 44' 41" W a distance of 394.13 feet to
a point at the end of a 30- road (undeveloped); thence
binding said 30' right-of-way and on a bearing of N 390
14' 55" E a distance of 29.33 feet to a point, in the
northern line of said 30' road, said point also being
in the dividing line of property now or formerly Hubert
Duncan (D.B. 307 p. 16 M.B. 23 p. 3); thence turning
and in an easterly direction on a bearing of S 460 57'
15" E a distance of 36.12 feet to a point; said point
also being in the dividing line of property of Hubert
Duncan and the City of Virginia Beach (D.B. 2577 p.
0742 D.B- 2603 p. 1491); thence continuing in an
easterly direction along a bearing of S 461 441 41" E a
distance of 393.95 feet to a point, said point being in
the northern line of the western terminus of Courthouse
Drive (40' & var. r/w); thence turning and in a
westerly direction, crossing said 30' road, along a
bearing of N 871 40' 4111 W a distance of 44.87 feet to
the point of beginning. Said parcel contains 0.2780
a c r e s .This parcel also being a 301 road
(undeveloped), now or formerly property of the City of
Virginia Beach as described in D.B. 807, p. 212.
PARCEL TWO: ALL THAT certain undeveloped portion of
Ourthouse Drive designated as parcel 2, Shown as the
shaded area on that certain plat entitied "PLAT SHOWING
PROPOSED STREET CLOSURES LOCATED AT THE VI GINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE BOROUGH VIRGINIA BEACH,
VA." dated March 2, 1989, and more particularly
described as follows:
BEGINNING at a point in the southern right-of-way line
of Courthouse Drive (40' & var. r/w), said point being
130.15 feet from the southwestern intersection of
Courthouse Drive (30' & var. r/w) and Glebe Road (var.
r/w), thence proceeding in a westerly direction along
the southern right-of-way line of Courthouse Drive (401
& var. r/w) along a bearing of N 451 44' 35" W a
distance of 206.75 feet to a point, said point being in
the dividing line of property of the City of Virginia
Beach (D.B. 1878 p. 310, M.B. 70 p. 3), (D.B. 1530 p.
551, M.B. 109 p. 11), (M.B- 119 p. 38) and property now
or formerly of the City of Virginia Beach (D.B. 2577 p.
742), (M.B. 27 p. 31) (D.B. 2603 p. 1491); thence
turning and proceeding in an easterly direction,
crossing said right-of-way, along a bearing of S 871
40' 41" E and a distance of 44.87 feet to a point, said
point being in the eastern terminus of a 301 road
(undeveloped) (M.B. 27 p. 31); thence turning and
proceeding in a northerly direction, in the Courthouse
1
Drive right-Of-way, long a bearing of N 23- 17- 45-- E
a distance of 10-70 feet to a Point, said point being
in the dividing line of property of the City of
Virginia Beach as described in (D.B. 2577 p. 742)
(D.B. 2603 p. 1491) and Parcel A 1 (M.B- 76 p. 18)
Continental Telephone Co. of va. (D.B. 969 p. 481),
said point also being in the northern line of
Courthouse Drive (40' & var. r/w), thence turning and
proceeding in an easterly direction along the northern
line of Courthouse Drive (401 & var. r/w) a bearing S
450 441 35" E a distance of 193.37 feet to a point,
said point also being in the dividing line of Parcel A-
I (M.B- 76 p. 18) now or formerly Continental
Telephone Co. of Va. (D.B. 969 p. 481) and Parcel B
(M.B- 77 p. 1) now or formerly the City of Virginia
Beach (D.B ' 2681 p. 298); thence turning and proceeding
in a SOutherly direction, leaving the northern line of
Courthouse Drive (40' & var. r/w), along a bearing of s
23* 12' 12" W a distance of 10.71 feet to a point;
thence continuing in a westerly direction, crossing
said right-of-way, along bearing of S 770 58' 59" W a
distance of 36.05 feet to a point, in the southern line
of Courthouse Road (40'. & var. r/w) , said point also
being the point of beginning. Said parcel being an
undeveloped portion of Courthouse Drive (40' & var.
r/w) and containing 0.182 acres.
PARCEL THREE: ALL THAT _Dortion of Courthouse Drive and
lebe Road designated as parcel 3, shown as the shaded
area on that certain plat entitled "PLAT SHOWING
PROPOSED STREET CLOSURES LOCATED AT THE VIRGINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE BOROUGH VIRGINIA BEACH,
VA. " dated March 2, 1989, and more particularly
described as follows:
BEGINNING at a point in the western right-of-way line
of James madison Boulevard (1101 r/w) and the southern
line of Courthouse Drive (80' & var. r/w) at the point
of curve; thence along said curve to the left having a
radius of 20.0' and a length of 31.421 to the point of
tangency, being in the southern line of Courthouse
Drive (80' & var. r/w); thence continuing in a westerly
direction along the southern line of Courthouse Drive
(80' & var. r/w) along a bearing of N 570 46' 33" W a
distance of 348.27- to a point; thence continuing along
and binding with said right-of-way line along a bearing
of N 320 151 10" E a distance of 45.50' to a point,
said point also being the southwestern intersection of
Courthouse Drive (801 & var. r/w) and Glebe Road (var.
r/w); thence turning and continuing in a westerly
direction along the southern line of Courthouse Drive
(40' & var. r/w) along on a bearing of N 440 27- 55" W
a distance of 110.67' to a point, thence continuing
westerly along the southern line of Courthouse Drive
(40' & var. r/w) along a bearing of N 450 44' 35" W a
distance of 19.48 feet to a point, said point being in
the dividing line of property now or formerly of the
City of Virginia Beach (D.B. 1530 p. 551) (M.B. 119 p.
38) and property now or formerly of the City of
Virginia Beach (D.B. 1878 p. 310) (M.B. 70 p. 3) (D.B.
1530 p. 551) (M.B. 119 p. 38); thence turning and
leaving the southern line of Courthouse Drive (401 &
var. r/w) in an easterly direction along on a bearing
of N 77* 58' 59" E and a distance of 36.05 feet to a
point; thence turning and proceeding along a bearing of
N 23@ 12' 12" E a distance of 10.711 to a point in the
northern line of Courthouse Drive (40' & var. r/w),
said point also being the dividing line of Parcel A-1
(M.B. 76 p. 18) now or formerly Continental Telephone
Co. of Virginia and Parcel B (M.B. 77 p. 1) now or
2
and continuing in an easterly direction
thence turning 8
formerly the CitY Of Virginia Beach (D.B- 26 1 p. 298);
along the northern line of Courthouse Drive (401 & var.
r/w) along a bearing of S 44- 531 18" E a distance of
103.62 feet to a point, said Point being the
northwestern corner of the intersection of Courthouse
Drive (40' & var. r/w) and Glebe Road (var. r/w) ,
thence turning and binding thL. western right-of-way
line of Glebe Road (var. rlw) in a northerly direction
along a bearing of N 31- 05, 31" E a distance of 392.47
feet to a Point, said point being the dividing line of
property now or formerly of the City of Virginia Beach
(D.B- 2681 P. 298) and property now or formerly Sovran
Bank (M.B. 77 p. 1) (D.B. 1077 P. 59) thence turning
and proceeding in an easterly direction and crossing
Glebe Road (var. r/w) along on a bearing f S 660 37'
05" E a distance of 50.82 Eeet to a point, said point
being in the eastern line of Glebe Road (var. r/w);
thence turning and proceeding in a southerly direction
along the eastern line of Glebe Road (var. r/w) along a
bearing of S 23- 26' 57" W a distan,e of 395.55' to a
Point of curve; thence along said curve to the left
having a radius of 20.01 and a length of 28.35- to a
point of tangency, said point being in the northern
line of Courthouse Drive (80' & var. r/w), said point
also being at the northeastern intersection of Glebe
Road (var. r/w) and Courthouse Drive (801 & var. r/w),
thence proceeding in an easterly direction along the
northern line of Courthouse Drive along on a bearing of
S 57@ 46' 33" E a distance of 227-56 feet to a point of
curve; thence along said curve to the left, having a
radius of 20.01, and a length of 31.311 to a point on
tangent; said point being at the northwestern
intersection of Courthouse Drive (80, var. r/w) and
James Madison Boulevard (110' r/w), thence turning and
crossing the right-of-way of Courthouse Drive along the
western line of James Madison Boulevard (110' r/w) on a
bearing of S 321 21' 29" W a distance of 119.90 feet to
the point of beginning. Said parcel contains 1.511
acres.
ARCEL FOUR: ALL THAT portion of Glebe Road design,ted
as parcel 4, shown as the shaded area on that certain
plat entitled "PLAT SHOWING PROPOSED STREET CLOSURES
LOCATED AT THE VIRGINIA BEACH MUNICIPAL CENTER PRINCESS
ANNE BOROUGH VIRGINIA BEACH, VA." dated march 2, 1989,
and more particularly described as follows:
BEGINNING at a point at the southwestern intersection
of Glebe Road (50, & var. r/w) and Princess Anne Road
(70' r/w - State Route #165), thence proceeding along
the southern line of Princess Anne Road - Route 165 on
a bearing of S 530 55, 13" E a distance of 77.71 feet
to a point of curve; thence turning and proceeding back
towards the point of beginning along a curve to the
left having a radius of 20.0- and a length of 36.141 to
the point of tangency, said point also being in the
eastern line of Glebe Road (50' & var. r/w); thence
proceeding along the eastern line of Glebe Road (50- &
var. r/w) on a bearing of S 230 26- 57" W a distance of
242.93 feet to a point; thence turning and proceeding
in a westerly direction crossing Glebe Road right-of-
way on a bearing of N 66- 37- 05" W a dist,nce of 50.82
feet tO a point, said point being in the western line
of Glebe Road (501 & var. r/w), said point also being
the dividing line of Parcel B (M.B- 77 p. 1) now or
formerly property of City of Virginia Beach (D.B. 2681
p. 298) and Parcel A (M-13- 77 p. 1) now or formerly
Sovran Bank (D.B. 1077 p. 59); theiice turning and in a
northerly direction along the western line of Glebe
3
Road (50, & var. r/w) along a bearing of N 23- 22' 55"
E a distance of 279.431 to a the point of beginning.
Said parcel contains 0.324 acres.
4
PETITION
2 TO: THE MAYOR AND THE MEMBERS OP THE COUNCIL OP THE CITY
3 OF VIRGINIA BEACH, VIRGINIA
4 Your Petitioner, the City of Virginia Beach
5 respectfully represents as follows:
6 1. That pursuant to the provisions of Section 15.1-
7 364 of the 1950 Code of Virginia, as arnended, the petitioner
8 applies for the vacating, closing, and discontinuance of those
9 certain streets, which are more specifically described as
10 follows:
11 PARCEL ONE: ALL THAT certain 30- Road
1-2 undeveloped) designated as parcel 1, shown
13 as the shaded area on that certain plat
14 entitled "PLAT SHOWING PROPOSED STREET
15 CLOSURES L CATED AT THE VIRGINIA BEACH
16 MUNICIPAL CENTER PRINCESS ANNE BOROUGH
17 VIRGINIA BEACH, VA." dated March 2, 1989,
18 and more particularly described as follows:
19 BEGINNING at a point in the southern right-
20 of-way line at the western terminus of
21 Courthouse Drive (401 & var - r/w) ; said point
22 being 336.90 feet from the southwestern
23 intersection of Courthouse Drive (80' & var.
24 r/w) and Glebe Road (var. r/w); thence in a
25 westerly direction, binding said right-of-
26 way, along a bearing of N 460 44' 41" W a
27 distance of 394.13 feet to a point at the end
28 of a 30' road (undeveloped); thence binding
29 said 30' right-of-way and on a bearing of N
30 39* 14' 55" E a distance of 29.33 feet to a
31 point, in the northern line of said 30- road,
32 said point also being in the dividing line
33 of property now or formerly Hubert Duncan
34 (D.B. 307 p. 16 M.B. 23 p. 3); thence turning
35 and in an easterly direction on a bearing of
36 S 46* 57' 15" E a distance of 36.12 feet to
37 a point; said point also being in the
38 dividing line of property of Hubert Duncan
39 and the City of Virginia Beach (D.B. 2577 p.
40 9742 D.B. 2603 p. 1491); thence continuing
41 in an easterly direction along a bearing of
42 S 46@ 44' 41" E a distance of 393.95 feet to
43 a point, said point being in the northern
44 line of the western terminus of Courthouse
45 Drive (40' & var. r/w); thence turning and
46 in a westerly direction, crossing said 301
47 road, along a bearing of N 871 401 41" W a
48 distance of 44.87 feet to the point of
49 beginning. Said parcel contains 0.2780
50 acres. This parcel also being a 30' road
51 (undeveloped), now or formerly property of
52 the City of Virginia Beach as described in
@3 D.B. 807, p. 212.
54 PARCEL TWO: ALL THAT certain undeveloped
55 portion@f Courthouse Drive designated as
56 parcel 2, shown as the shaded area on that
57 certain plat entitled "PLAT SHOWING PROPOSED
58 STREET CLOSURES LOCATED
59 T THE VIRGINIA BEACH
MUNICIPAL CENTER PRINCESS ANNE BOROUGH
60 VIRGINIA BEACH, VA. " dated March 2, 1989, and
61 more particularly described as follows:
62 13EGINNING at a point in the S,,thern right-
63 of-way line of Courthouse Drive (40, & var.
64 r/w), said point being 130.15 feet from the
65 southwestern intersection of Courthouse Drive
66 (301 & var. r/w) and Glebe Road (var. r/w),
67 thence proceeding in a westerly direction
68 along the southern right-of-way line of
69 Courthouse Drive (40- & var. r/w) along a
70 bearing of N 45- 44- 35-1 W a distance of
71 206-75 feet to a point, said point being in
72 the dividing line of property of the City of
73 Virginia Beach (D.B. 1878 p. 310, M.B. 70 p.
74 3), (D.B. 1530 P. 551, M.B. 109 p. 11), (M.B.
75 119 p. 38) and property now or formerly of
76 the City of Virginia Beach (D.B. 2577 p.
77 742), (M.B. 27 P. 31) (D.B. 2603 p. 1491);
78 thence turning and proceeding in an easterly
79 direction, crossing said right-of-way, along
80 a bearing of S 870 40' 41" E and a distance
81 of 44.87 feet to a point, said point being
82 in the eastern terminus of a 30' road
83 (undeveloped) (M.B. 27P. 31); thenceturning
84 and proceeding in a northerly direction, in
85 the Courthouse Drive right-of-way, along a
86 bearing of N 23- 17- 45" E a distance of
87 10.70 feet to a point, said point being in
88 the dividing line of property of the City of
89 Virginia Beach as described in (D.B. 2577 p.
90 742) (D.B. 2603p. 1491) andParceIA-1 (M.B.
91 76 p. 18) Continental Telephone Co. of Va.
SS-2 (D.B. 969 p. 481), said point also being in
93 the northern line of Courthouse Drive (40-
94 & var. r/w), thence turning and proceeding
95 in an easterly direction along the northern
96 line of Courthouse Drive (401 & var. r/w) a
97 bearing S 450 44' 35" E a distance of 193.37
98 feet to a point, said point also being in the
99 dividing line of Parcel A-1 (M.B. 76 p. 18)
100 now or formerly Continental Telephone Co. of
101 Va. (D.B. 969 P. 481) and Parcel B (M.B. 77
102 p1) now or formerly the City of Virginia
103 13;ach (D.B. 2681 p. 298); thence turning and
104 proceeding in a southerlv direction, leaving
105 the northern line of C6urthouse Drive (40'
106 & var. r/w), along a bearing of S 23- 12- 12--
107 W a distance of 10.71 feet to a Point; thence
108 continuing in a westerly direction, crossing
109 said right-of-way, along bearing of S 770 58,
110 59" W a distance of 36-05 feet to a point,
ill in the southern line of Courthouse Road (40,
112 & var. r/w), said point also being the point
113 of beginning. Said parcel being an
114 undeveloped portion of Courthouse Drive (40,
115 & var. r/w) and containing 0.182 acres.
116 PARCEL THREE: ALL TRAT portion of Courthouse
117 Drive a d Glebe Road designated as parcel 3,
118 shown as the shaded area on that certain plat
119 entitled "PLAT OWIN STREET
120 CLOSURES L YCATED SHAT TGHE PRVOIPROGSIENDIA BEACH
121 MUNICIPAL CENTER PRINCESS ANNE BOROUGH
122 VIRGINIA BEACH, VA. " dated March 2, 1989, and
123 more Particularly described as Eollo,s:
2
124 BEGINNING at a point in the western right-
125 of-way line of James Madison Boulevard (110-
126 r/w) and the southern line of Courthouse
127 Drive (801 & var. r/w) at the point of curve;
128 thence along said curve to the left having
129 a radius of 20.0' and a length of 31.42' to
130 the point of tangency, being in the southern
131 line of Courthouse Drive (801 & var. r/w);
132 thence continuing in a westerly direction
133 along the southern line of Courthouse Drive
134 (80' & var. r/w) along a bearing of N 570 461
135 33" W a distance of 348.27' to a Point;
136 thence continuing along and binding wi@h said
137 right-of-way line along a bearing of N 320
138 151 10" E a distance of 45.50' to a point,
139 said point also being the southwestern
140 intersection of Courthouse Drive (80, & var.
141 r/w) and Glebe Road (var. r/w); thence
142 turning and Continuing in a westerly
143 direction along the southern line of
144 Courthouse Drive (40' & var. r/w) along on
145 a bearing of N 44- 27' 55" W a distance of
146 110.67' to a point, thence continuing
147 westerly along the southern line of
148 Courthouse Drive (40' & var. r/w) along a
149 bearing of N 450 44' 35" W a distance of
150 19-48 feet to a point, said point being in
151 the dividing line of property now or formerly
152 of the City of Virginia Beach (D.B. 1530 p.
153 551) (M.B. 119 p. 38) and property now or
154 formerly of the City of Virginia Beach (D.B.
155 1878 p. 310) (M.B. 70 p. 3) (D.B. 1530 p.
156 551) (M.B. 119 p. 38); thence turning and
157 leaving the southern line of Courthouse Drive
158 (40' & var. r/w) in an easterly direction
159 along on a bearing of N 77- 58- 59-1 E and a
160 distance of 36.05 feet to a point; thence
161 turning and proceeding along a bearing of N
162 230 121 12" E a distance of 10.71, to a point
163 in the northern line of Courthouse Drive (40'
164 & var. r/w) , said point also being the
165 dividing line of Parcel A-1 (M.B. 76 p. 18)
166 now or formerly Continental Telephone Co. of
167 Virginia and Parcel B (M.B. 77 p. 1) now or
168 formerly the City of Virginia Beach (D.B.
169 2681 p. 298); thence turning and continuing
170 in an easterly direction along the northern
171 line of Courthouse Drive (401 & var. r/w)
172 along a bearing of S 441 53' 18" E a distance
173 of 103.62 feet to a point, said point being
174 the northwestern corner of the intersection
175 of Courthouse Drive (40' & var. r/w) and
176 Glebe Road (var. r/w), thence turning and
177 binding the western right-of-way line of
178 Glebe Road (var. r/w) in a northerly
179 direction along a bearing of N 311 05' 3111
180 E a distance of 392.47 feet to a point, said
181 point being the dividing line of property now
182 or formerly of the City of Virginia Beach
183 (D.B. 2681 p. 298) and property now or
184 formerly Sovran Bank (M.B. 77 p. 1) (D.B.
185 1077 P. 59) thence turning and proceeding in
186 an easterly direction and crossing Glebe Road
187 (var. r/w) along on a bearing of S 660 37'
188 05" E a distance of 50.82 feet to a point,
189 said point being in the eastern line of Glebe
190 Road (var. r/w); thence turning and
191 proceeding in a southerly direction along the
192 eastern line of Glebe Road (var. r/w) along
3
258 (80' & VAR. R/W) " and "GLEBE ROAD (VARIABLE R/W) , and parcel 4
259 "GLEBE ROAD (VARIABLE R/W)," Princess Anne Borough, virginia
260 Beach, Virginia, as shown on that certain plat entitled, "PLAT
261 SHOWING PROPOSED STREET CLOSURES LOCATED AT THE VIRGINIA BEACH
262 MUNICIPAL CENTER PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA. " which
263 plat is attached hereto and made a part hereof and intended to
264 be recorded with the Ordinance closing the aforedescribed
265 streets.
266 2. That no inconvenience will result to any persons
267 by reason of said closing, vacation, and discontinuance of said
268 streets; and the petitioner prays that this Honorable Council
269 appoint viewers as provided by law to view said platted streets
270 proposed to be closed and to report in writing to the Council on
271 or before the - day of 1 1989, as to
272 whether in the opinion of said Viewers, what inconvenience, if
273 any, would result from the discontinuance and closing of said
274 streets, as herein reported and described.
275 3. That on the _ day of
276 1989, and on the day of 1989,
277 Notice of the presenting of this Application was published in
278 the Virginian Beach Sun, a newspaper of general circulation in
279 the City of Virginia Beach, Virginia, as evidenced by the
280 Affidavit and Notice attached hereto.
281 4. That the fee simple owners of all land along and
282 adjacent to and affected by said platted street are the
283 Petitioner herein, the City of Virginia Beach, a Municipal
284 corporation, Virginia Beach, Virginia 23464, EXCEPT for the
285 following property: The northernmost triangular portion of that
286 certain 30' Road (undeveloped), which abuts the property of
287 Hubert Duncan, located on the western end of parcel 1; the
288 northern one-half (1/2) of Courthouse Drive, located on parcel
289 2, which abuts Continental Telephone Co. of Virginia; and the
290 western one-half (1/2) of Glebe road, located on parcel 4, which
291 abuts Sovran Bank.
5
292 Respectfully submitted,
293 CITY OF VIRGINIA BEACH,
294 By
295 Of Counsel
296 David S. Hay, Esquire
297 Deputy City Attorney
298 City Attorney's Office
299 Virginia Beach, VA 23456
300 (804) 427-4531
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- 37 -
Item VI-G.4.
CONSENT AGENDA ITEM # 32421
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, City Counci I
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$5,060.58 upon appl ication 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
)RM NO. C.A. 7 1/25/90 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ato Ponalty lnt. Total
Year of Tax Number tion No. Paid
MM Newton 85 RE(1/2) 65814-7 12/5/84 12.00
MM Newton 85 RE(2/2) 65814-7 6/5/85 12.00
MM Newton 86 RE(1/2) 71269-4 12/2/85 12.00
MM Newton 86 RE(2/2) 71269-4 6/3/86 12.00
MM Newton 87 RE(1/2) 75981-1 12/2/86 12.00
MM Newton 87 RE(2/2) 75981-1 6/2/87 12.00
MM Newton 88 RE(1/2) 78759-4 12/3/87 13.16
MM Newton 88 RE(2/2) 78759-4 6/5/88 13.16
MM Newton 89 RE(1/2) 80819-7 12/5/88 13.73
MM Newton 89 RE(2/2) 80819-7 6/5/89 13.73
MM Newton 90 RE(1/2) 81491-7 12/4/89 14.66
Alliance Mortgage Comapny 89 RE(1/2) 34418-9 11/30/88 26.77
Alliance Mortgage Company 89 RE(2/2) 34418-9 6/2/89 26.77
Contel of Virginia 89 RE(1/2) 42740-1 7/17/89 54.46
Contel of Virginia 89 RE(2/2) 42740-1 7/17/89 52.00
Contel of Virginia 89 RE(2/2) 42736-7 7/14/89 65.94
Dan D & Thelma Gallup 90 RE(1/2) 39636-1 12/5/89 45.28
Dan D & Thelma Gallup 90 RE(1/2) 39637-0 12/5/89 47.88
Dan D & Thelma Gallup 90 RE(1/2) 39638-0 12/5/89 33.22
Dan D & Thelma Gallup 90 RE(1/2) 39639-8 12/5/89 33.22
Dan D & Thelma Gallup 90 RE(1/2) 39640-5 12/5/89 53.15
Dan D & Thelma Gallup 90 RE(1/2) 39641-4 12/5/89 33.22
Charles L Jr & Jane Pincus 90 RE(1/2) 89521-4 12/5/89 30.48
Atlantic Ocean Cove 90 RE(1/2) 3932-8 12/5/89 2,739.61
Etta H Dehart 90 RE(1/2) 53642-4 11/29/89 763.39
Robert F & Harriet Clay 90 RE(1/2) 21199-8 12/4/89 536.00
Carroll E & Peggy Neely 90 RE(1/2) 81662-0 12/5/89 48.85
Geneva 0 Wills 90 RE(1/2) 123567-6 12/4/89 48.01
Cenit Bank 90 RE(1/2) 76736-2 12/5/89 24.41
Cenit Bank 90 RE(1/2) 124674-4 12/5/89 81.88
Cenit Bank 90 RE(1/2) 46021-9 12/5/89 11.41
Cenit Bank 90 RE(1/2) 48836-0 12/5/89 21.93
ESG Enterprises 90 RE(1/2) 112607-1 11/6/89 90.27
Michael H & Mary C Lunch 90 RE(1/2) 67969-9 11/15/89 21.99
Diane Myers N/A Pkng 250372 12/27/89 30.00
Total 5,060.58
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$5,060.5.&--- were approved by
the Council of t@y @ily ?f Y!. Ignia
.ary 1990
Beach on the___ aay ot
reasurer
Ap roved as to form:
Ruth Hodges Smith
City Clerk
City Attorney
- 38 -
Item VI-H.1.2.
APPOINTMENTS ITEM # 32422
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ADVERTISING ADVISORY REVIEW COMMITTEE
PERSONNEL BOARD
- 39 -
Item VI-H.2.
APPOINTMENTS ITEM # 32423
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Wylie R. Cooke
Mason M. Moton
Charles M. Reynolds
(4-year terms 1/1/90 thru 12/31/93)
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
- 40 -
Item VI-I.I.
UNFINISHED BUSINESS ITEM # 32424
Mary Redd, Co-Chair, INTERRACIAL BUSINESS AND CIVIC COALITION, expressed
appreciation for permission to address City Council. In Mid October of 1989,
the Urban League and Resort Leadership Commission convened relative concern of
LABOR DAY 1989. As a result of this meeting, the mission of the groups proved
to be one in the same and a Coalition was formed. All members of the Coalition
are residents of Virginia Beach.
For approximately forty (40) hours, the INTERRACIAL BUSINESS AND CIVIC
COALITION, deliberated over recommendations for LABOR DAY 1990. Recommendations
have been forwarded to Members of City Council.
Kal Kassir, Co-Chair, INTERRACIAL BUSINESS AND CIVIC COALITION, expressed his
pride and privilege in serving on this Coalition. Mr. Kassir requested all
Members of the Coalition in attendance to stand and be recognized. Once
policies are formulated, time is of the essence. Mr. Kassir strongly urged the
appointment of an Interracial Commission to advise, plan and co-ordinate for
LABOR DAY 1990. Mr. Kassir believed the INTERRACIAL BUSINESS AND CIVIC
COALITION could be the nucleus of such a Commission.
Arthur Jarrett, Jr., Member of the INTERRACIAL BUSINESS AND CIVIC COALITION,
and student at Norfolk State University, advised a Student Summit is planned in
March at the Oceanfront.
- 41 -
Item VI-J.1.
NEW BUSINESS ITEM # 32425
The following spoke in SUPPORT of the Fire Station (Brill Field)
H. Jack Jennings, Jr., 925 Winthrope Drive, Phone: 463-8139
James Morrissey, 232 Greenwood Lane, Phone: 340-2609, represented the Pinewood
Gardens - Eureka Park Civic League
Joan Chebetar, 217 Greenwood Lane, President of Pinewood Gardens Civic League
Robert J. Zedler, 3620 Sea Breeze Point Trail, Phone: 463-3945, represented the
Sea Breeze Farm Civic Association
The following spoke in OPPOSITION of the Fire Station (Brill Field)
R. G. Bashford, 705 Oxford Drive, Phone: 340-7728. Petitions in OPPOSITION were
distributed to City Council and are hereby made a part of the record.
William A. Smith, 3705 North Queensgrove Circle, Phone: 486-4867
Jennifer C. Smith, 1308 West Little Neck Road, Phone: 340-0010
Josephine Zingraff, 800 Oxford Drive, Phone: 486-3592
David Steinberg, 3424 Kings Lake Drive, Phone: 498-1226
James Newton, 717 Runnymede Circle, Phone: 486-3357
Chuck Coster, 909 High Gate Mews, Phone: 486-6095
Tony Leger, Pesident Kings Grant Community Civic League, registered to speak
but had to leave.
Upon motion by Councilman Balko, seconded by Councilwoman McClanan, City
Council DEFERRED INDEFINITELY
Request to review the proposed site and
authorization to proceed with the Little Neck Fire
Station (LYNNHAVEN BOROUGH).
Alternate sites will be examined in lieu of
concerns relative "Brill Field". Councilman Balko,
the City Manager and Chief Diezel will confer with
adjacent residents relative this site.
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
- 42 -
Item VI-J.2.
NEW BUSINESS ITEM # 32426
W. Kevin Hunt, 2380 Bay's Edge, Phone: 481-1191, represented Excel Muffler and
Brake Centers. Mr. Hunt shall provide a rendering of his proposed renovations.
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council SCHEDULED for the City Council Session of March 12, 1990, REQUEST of
EXCEL R & BRAKE CENTER, INC. TO RECONSIDER Condition Number 2 in the
August 22, 1988, APPROVED Application of FLASH, INC., T/A Speedee Oil Change
and Tune-Up for a Conditional Use Permit for an automobile repair
establishment:
ORDINANCE UPON APPLTCATION OF FLASH INC., T/A
SPEEDEE OIL CHANGE & TUNE UP FOR A CONDITIONAL USE
PERMIT R08881165
Ordinance upon application of Flash, Inc., T/A
Speedee Oil Change & Tune-Up for a Conditional Use.
Permit -for an automobile repair establishment on
certain property located at the northwest corner of
Laskin Road and First Colonial Road. Said parcel
contains 20,350 square feet. More detailed
information is available in the Department of
Planning. LYNNHAVEN BOROUGH.
EXCEL wished Condition No. 2 be RECONSIDERED, as they do not wish to remove the
old building but would rather renovate same.
2. The old building shall be removed and a new
building erected on this site.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
- 43 -
Item VI-J.3.
NEW BUSINESS ITEM # 32427
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
ADOPTED:
Resolution requesting the General Assembly AMEND
Senate Bill Number 304 re road impact fees so as.to
apply to the City of Virginia Beach.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, 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:
Vice Mayor Robert E. Fentress and Harold Heischober
Council Members Absent:
John A. Baum
A RESOLUTION REQUESTING THE GENERAL
ASSEMBLY TO AMEND SENATE BILL NUMBER
304, PERTAINING TO ROAD IMPACT FEES,
SO AS TO APPLY TO THE CITY OF
VIRGINIA BEACH
WHEREAS, Senate Bill No. 304 has been introduced into
the General Assembly; and
WHEREAS, the said bill authorizes and enables the cities
of Chesapeake and Suffolk to assess and impose impact fees upon
new development to pay all or a portion of cost of road
improvements attributable to, and necessitated by, such
development; and
WHEREAS, the said bill contains adequate safeguards to
ensure that impact fees will not be assessed or imposed for the
repair, operation or maintenance of existing roads or to expand
existing roads to meet demand which existed prior to the new
development; and
WHEREAS, impact fees are a fair and equitable means of
generating revenue to fund or recover the costs of road
improvements necessitated by and attributable to new development;
and
WHEREAS, the City Council deems the proposed legislation to
be in the best interests of the citizens of the city of Virginia
Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the General Assembly be, and hereby is, requested to
amend Senate Bill No. 304 so as to make the bill applicable to the
City of Virginia Beach and thereafter to enact the said bill; and
further,
The City Clerk is directed to forward a copy of this
Resolution to the members of the General Assembiy representing the
City of Virginia Beach.
Adopted by the City Council of the city of Virginia Beach,
Virginia, on the 12 day of February 1990.
WMM/dhh
CA-90-3631
02/ 08 /90
\ordin\noncode\impact.res
2
- 44 -
Item VI-J.4.
NEW BUSINESS ITEM # 32428
Assistant City Attorney William Macali advised House Bill Number 677,
pertaining to restrictions upon the use of special exceptions and special use
permits has been CARRIED OVER, and did not believe it would have any effect
this year.
House Bills 721 and 1122 are PROPOSED VESTING LECISLATION.
House Bill 721 applies only to Conditional Zonings and does not apply to
situtations involving traditional zoning without proffered conditions. This
Bill does not apply to Conditional Use Permits or situations in which
development might be made as a matter of right.
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
AUTHORIZED:
The City Attorney to appear before the General
Assembly to express City Council concerns relative
House Bill 721 and House Bill 1122.
Voting: 8-1
Council Members Voting Aye:
Albert W. Balko, 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:
Vice Mayor Robert E. Fentress
Council Members Absent:
John A. Baum and Harold Heischober
- 45 -
Item VI-J.5.
NEW BUSINESS ITEM # 32429
ADD-ON
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
ADOPTED:
Resolution requesting the General Assembly defer
Modification to the Statute(s) governing Tolls on
the Virginia Beach-Norfolk Expressway/State Route
44.
Voting: 7-2
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:
Vice Mayor Robert E. Fentress and William D. Sessoms, Jr.
Council Members Absent:
John A. Baum and Harold Heischober
1 A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY TO DEFER MODIFICATION TO THE
3 STATUTE(S) GOVERNING TOLLS ON THE
4 VIRGINIA BEACH-NORFOLK EXPRESSWAY/
5 STATE ROUTE 44
6
7 WHEREAS, the General Assembly made a good faith and
8 statutory commitment to lift the tolls on the Virginia Beach-
9 Norfolk Expressway/State Route 44, and
10 WHEREAS, the citizens of Virginia Beach for over twenty
11 (20) years have endured the only toll road in Hampton Roads with
12 the expectation of the burden being lifted, and
13 WHEREAS, the General Assembly has initiated a process
14 to unilaterally alter its commitment to the citizens of virginia
15 Beach without holding public hearings in the City of Virginia
16 Beach, and
17 WHEREAS, the citizens of virginia Beach are entitled to
18 an opportunity to examine the Commonwealth's justification for
19 altering its commitment and to express their opinions on it, and
20 WHEREAS, the tolls were not due to be lifted until 1992
21 at the earliest and, therefore, there is no immediate requirement
22 to adopt the toll road bill sponsored by Senator Clarence Holiand
23 this year, and
24 WHEREAS, there is yet no State commitment or Federal
25 approval to proceed with the Southeastern Expressway, and
26 WHEREAS, there is yet no positive indication of
27 Congress's willingness to impose tolls on local interstate
28 highways,
29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
30 CITY OF VIRGINIA BEACH, VIRGINIA:
31 That the General Assembly defer any modification to the
32 statute(s) authorizing and governing the virginia Beach-Norfolk
33 Expressway/State Route 44 until such time as public hearings are
34 held at the local level and the State has made a commitment to
35 build the Southeastern Expressway.
36 That the City Clerk forward a copy of this Resolution
37 to each of the members of the General Assembly representing the
38 city of virginia Beach.
39
40 Adopted by the City Council of the City of Virginia
41 Beach, virginia, on the 12 day of February 1990.
42
43
44 CA-3633
45 02/12/90
46 TOLLROAD.RES
47
2
- 46 -
Item VI-J.6.
NEW BUSINESS ITEM # 32430
ADD-ON
Councilwoman Parker referenced Senate Bill No. 489 ENGROSSED relating to
indebtedness of bond issues of cities, towns and counties. Councilwoman Parker
was concerned that these bonds could be sold without public approval.
Councilman Moss expressed concern relative Senate Bill No. 489 ENGROSSED and
inquired whether this was the first phase necesary to create regional taxing
authortiy. Councilman Moss wished an assessment of the meaning of this Bill.
Councilwoman Parker also referenced Senate Joint Resolution No. 8 establishing
a joint subcommittee to study the structure and operation of a local community
services board.
Senate Bill 293 sponsored by Senator Gartlan and Senate Bill 256 relative
recycling needs to be investigated by City Staff. The City might be interested
in supporting some area of these Bills.
Copies of said Bills are hereby made a part of the record.
Februar 12 1990
- 47 -
Item VI-K.l.
ADJOURNMENT ITEM # 32431
Upon motion by Councilman Moss and BY CONSENSUS, City Council ADJOURNED the
Meeting at 7:25 P.M.
Beverl@. Hooks
Chief Deputy City Clerk
Uth Hodgeg Smith, CMC
City Clerk Mey@ra
Mayor
City of Virginia Beach
Virginia
- 47 -
Item VI-K. 1.
ADJOURNMENT
ITEM # 32431
Upon motion by Councilman Moss and BY CONSENSUS, City Council ADJOURNED the
Meeting at 7:25 P.M.
Beverl~D. Hooks
Chief Deputy City Clerk
R~th Hodges~ Smith, CMC
City Clerk
Mayor
City of Virginia Beach
Virginia
February 12, 1990