HomeMy WebLinkAboutAUGUST 8, 1988 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CrrY COUNCIL
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,ICE MAYO@ @-ERT E, F@@, Vi@i@.
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JOHN A@
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MUNICIPAL CENTER
IUB-1 V C@ CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
j - -ON, Cil, Al- (804) 427-4303
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AUGUST 8, 1988
ITEM I. CITY MANAGER'S BRIEFING - Conference Room - 11:30 AM
A. CIP/ROAD BONDS:
E. D. Block, Assistant City Manager for Analysis and Evaluation
ITIM II. COUNCIL CONFERENCE SESSION - Conference Room - 12. NOON
A. CITY COLNC3L CONCERNS
ITEM III. NWORMAL SESSIOU - Conference Room - 12:30 PM
A. CALL TO CRDER - Mayor YEyera E. oberndorf
B. ROLL CALL OF COUNCIL
C. RBCESS TO EXICUTIVE SESSION
ITF24 IV. @AL SESSION - Council Chamber - 2-.00 PM
A. INVOCATION: Reverend G.T. Mitchell
North Landing Chapel
B. PI;EDGE CF ALLEGIANCE TO THE FLAG OF THE UNITED STATES CF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINURES
1. INFORMAL & FORMAL Sessions - July 11, 1988
2. INFO@L & FORMAL SESSIONS - August 1, 1988
E. PUBLIC @ING
1. PLANNING
a. RBCONSIDERATION upon applications of:
(1) Margaret A. Drummond, James R. & Marguerite D. Jobnson for
a Change of zoning District Classification from AG-2
Agricultural District to B-2 Community-Business District
on the South side of Shipps Oorner Road, 440 feet more or
less Fast of Holland Road on Lots 8 & 11 Shipps Bridge,
containing 8.4 acres (Princess kine Borough).
Approved September 21, 1987
Deferred indefinitely March 14, 1988
(2) Texaco Refining and Marketing, Inc. for a Conditional Use
Permit for a service station in conjunction with a
convenience store and car wash, located at the southeast
corner of Holland Road and Shipps Corner Road, containing
39, 640 square feet (Princess ATine Borough).
Appraved February 1, 1988
b. Application of Beachto'.m Fealty Corporation for a Change of
Zc>ning District Classification from R-5D Residential Duplex
District to B-2 Community-Business District on property located
on the Northeast side of Alicia Drive, 200 feet more or less
Northwest of Bo nne y RC) ad ,containing 36,787 square feet
(Kempsville Borough).
Recommendation: APPROVAL
C. Application of AcquisitiOns, Inc. for a Change of ZC)nia
District Classification from R-10 Residential District to B-2
Community-Business District on the North side of Newtown Road,
T82 feet West of Broad @adows Bc>ulevard, located at 875
Mwtown Road, containing 21,780 square feet. (Bayside Borough).
Recommeridation: APPROVAL
d. Applications of Peter Sarprenant at the Northwest corner of
Holland Road and Arthur Avenue on Lots 7-10 & 16-20, Block 3,
Pecan Gardens, containing 22,216 square feet (Princess Anne
Borough):
For a Change of Zoning District Classification from A-12
Apartrnent District to B-2 Community-Business District.
AND,
For a Conditional Use Permit for an automotive repair
establishment .
Reccinmendation: APPROVAL
AND,
For a Conditional Use Permit for an automobile repair
establishment on the Northeast side of N. Great Neck Poad, 120
Teet more or less Southeast of Mill Dam Road, containing 19,602
square feet (Princess Anne Borough).
Recomm@ation: WITHRRAWAL
e . Application of EKXOD OOMpany USA for a Cc)nditional Use Permit
for gasoline pumps in conjunction with a convenience store and
a car wash at the Northwest corner of Virginia Beach Boulevard
and 'Ihalia Road, located at 4300 Virginia Beach Boulevard,
containing 30,483 square feet (Kempsville Borough).
Recommendation: APPROVAL
Deferred on June 13 and June 27, 1988
f. Application of Amoco Oil Company for a Conditional Use Permit
for an gasoline supply station and car wash in conjunction with
a convenience store at the Northwest corner of Indian River
Road and Peon Drive, located at 5924 Indian River Road,
containing 40,266.5 square feet (Kempsville Borough)
Recommendation: APPROVAL
g. Application of Contel Oellular, Inc. for a ODnditional Use
Permit for a coinmunications tower and equipment building at the
orthwest corner of Euclid Rc)ad and Opal Avenue on Lots 23-33,
Block 55, lbclid Place, containing 30,346 square fee t
(Kempsville Borough) .
Recommeridation: APPROVAL
h. Application of Albert and Bernard Kroll for a Ooriditional Use
Permit for an autcmobile repair establishment located on the
@st side of L@haven Parkway, 1090 feet more or less North of
Holland Road, containing 1.94 acres (Princess Anne Borough)
Recommendation: APPROVAL
i. Application of S & H Company for a Oonditional Use Permit for a
communications tower on the West side of Little Neck Road, 140
feet more or less Mrth of Virqinia Beach Bc)ulevard, located at
397 Little Neck Road, containing 2.595 acres (Lynnhaven
Borough).
Recommendation: APPROVAL
j. Petition of Tanneth L. Seay, S r. for the discontinuance,
closure and abandor)ment of a portion of Bushnell Drive
beginning at the Eastern boundary of General Booth Boulevard
and running i-n a Southeasterly direction to the @stern
boundary of Bushnell Drive, containing 5,855.30 square feet
(Lynnhaven BDrough).
Recommendation: APPROVAL
k. Application of Hop-In Pbod Stores for a Conditional Use Permit
for gasoline sales in conjunction with a convenience store
located at the Northwest intersection of General Booth
Boulevard and @ffian lbad, containing 370,897 square feet
(Princess Anne Borough).
Recommendation: APPROVAL
De f err ed on June 1 3 and June 2 7, 1 98 8
1 . Application of Charles D. Meachum for a change in a
nonconforming use on property located on the North side of 62nd
Street, 90 feet West of PacifiC Avenue, located at 205 62nd
Street, containing 12,375 square feet (Virginia Beach Borough).
Recommendation: APPROVAL
m. ENCROAC13MENT
Pbrbes Candies, Inc.
Existing signs on canopy at 2330 Atlantic Avenue
Deferred August 1, 1988
n. Application of Lois B. Webbon for a Variance to Section 4.4(b)
of the Subdivision Ordinance, which requires lots created by
subdivision to meet all of the requirernents of the Zoning
Ordinance, on property located at 2240 Greenwell Road (Bayside
Borough).
Recommeridation: I)EXIAL
Deferred July 5, 1988
o. Application of Southland ODrporation for a Cc)nditional Use
Permit for gasoline sales in conjunction witil a convenience
@tore at the Northwest corner of Independence Boulevard and
Pleasure House Road on portions of Lots 59, 60, 61 and 62A,
Shelton Place, containinq 46,288 square feet (Bayside Bc)rough).
Recommendation: DENIAL
p. Application of ODlby D. Behmert for a Variance to Sections
4.4(b) and 4.4(d) of the Subdivision ordinance, which require
all lots created by subdivision to meet all requirements of the
Zoning Ordinance and to have access to a public street,
respectively, on property located at 627 Timberland Ttail.
(Lynnhaven Borough).
Recommendation: DENIAL
q. Application of Charles 0. and Joan P. Stainback for a Variance
to Section 4.4(b) of the Subdivision Ordinance, which requires
all lots created by subdivision to meet all requirements of the
Zoning Ordinance on property located at 5020 Iauderdale Avenue.
(Bayside Borough).
Reccmmendation: DENIAL
F. RESOLURIONS
1. Pesolution directing the PI-nning Oommission to consider atid make
its recommendation to the City Council concerning a proposed
ordinance to require a use permit for the construction of septic
tanks and/or drain fields for se@ tanks in the AG-1 Di@ict.
2. @solution directing the Pl-n@g ODmmission to consider and make
its reccinmendation concerning a proposed amenclnent to the
subdivision ordinance to Frovide that subdivision plats in the AG-1
and AG-2 Districts shall be reviewed and approved or denied by the
City (3DUncil.
3. Pesolution requesting the Board of Zoning Appeals to deny Variance
applications of R. G. Moore Building corporation for front-yard
setbacks on fourteen (14) separate through lots in the subdivision
of Glenwood, from Independence Bc)ulevard (Kempsville Borough) .
G. CONSENT AGENDA
All matters listed under the Oonsent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion in the form listed. If any item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance upon SBCCND READING to ACCEPT a $2,089,000 entitlement
grant fran the United States Departnent of Housirig and Urban
Development and to APPROPRIATE $1,402,807 for the 1988-1989
Cmmumity Develolment Block Grant.
2. Ordinance upon SBCCND READING to ACCEPT and APPROPRIATE $164,000
frcm the United States Department of Housing and Urban Development
for rental rehabilitation.
3. Crdinance upon SECCND RE&DING to APPROPRIATE $26,000 into the
Grants Consolidated Fund for a vmter qua3,ity enhancement program.
4. Crdinance upon SBCOND RFADING to ACCEPT $1,000 from the National
organization on Disability and to APPROPRIATE these funds to the
Mayor's Committee/Disabled Trust
5. ordinance appointing viewers in the petition of C & P TelephorLe
Company for the closure of a pc)rtion of Cape Henry Drive (Lynnhaven
Borough).
6. Crdinance appointing vievers in the petition of Dragas BDaes, Inc.
for the closure of a portion of Cape Henry Drive (Lynnhaven
Borough).
H. UNFINISHED BUSINESS
I. IOW BW INESS
J. ADJOURNKENT
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Item V-C.l.b
MINUTES ITEM # 29858
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of the City
Council Meeting of August 8, 1988.
Councilwoman McClanan CLARIFIED ITEM # 29820, Page 11, Condition #14,
(application of MARGARET A. DRUMMOND, JAMES R. & MARGUERITE D. JOHNSON):
The agreement, which will be submitted by the
attorney for the property owners in this
application, will be recorded with the Clerk of the
Circuit Court.
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
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 8, 1988
The CITY MANGER'S BRIEFING of the VIRGINIA BFACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Monday, August 8, 1988, at 11:30 A.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
- 2 -
C I T Y M A N A G E R I S B R I E F I N G
CIP/ROAD BONDS
11:30 A.M.
ITF14 # 29808
The General Assembly in 1986 approved authority for the City to authorize and
issue $8-MILLION per year in additional Charter Bonds for roads for 10 years.
In November 1987, a Referendum ratified the use of these bonds. The $8-
MILLION for 1987 was authorized and approximately $1-MILLION was issued in the
1988 bond issue. At the time Council expressed the policy of using the new
authority only to supplement the road program. Thus, the City has issued $1-
MILLION and has $7-MILLION of bonds authorized and appropriated but unissued
and a remaining eight (8) years ($64-MILLION) of authority, all totalling $72-
MILLION. On previous occasions, the staff has advised City Council that,
consistent with other new bonding authority, use of the full $72-MILLION would
require additional revenues or the avoidance/deletion of other expenditures.
In 1986, the Council approved a 5-cent tax increase for roads to fund $40-
MILLION in 1986 Referendum Bonds, $30-MILLION in a planned 1991 Referendum and
some $30-MILLION in "pay-as-you-goll funding. The new road bond authority can be
viewed entirely separately or can be related to the existing rates to form an
integrated program. E. Dean Block, Assistant City Manager for Analysis and
Evaluation, described various options for Referendum Road Funding and
associated taxes.
The Council has several options involving the variables of the new road bonds,
existing 5-cent road tax, planned $30-MILLION referendum for roads (1991),
existing pay-as-you-go funding and additional property taxes, as well as other
existing revenues. All options assume a continuation of current policy
regarding a single tax increase to fund the program.
OPTIONS
OPTION TAX EFFECT NEW CIP $
1. NO FURTHER USE NONE NONE
2. Delete $30-MILLION NONE $13.7-MILLION
REFERENDUM & SOME
PAY-AS-YOU. NO TAX
INCRF.ASE.
3. Delete $30-MILLION 1.6cts $41.5-MILLION
REFERENDUM. NO ADDI-
TIONAL PAY-AS-YOU-GO
3A.Same as 3 BUT ADDI- 2.0 $48.5-MILLION
TIONAL PAY-AS-YOU-GO
4. FUND ROAD BONDS IN FULL- 2.6 $72.5-MILLION
NO ADDITIONAL PAY-AS-
YOU-GO.
4A.Same as 4 BUT ADDI- 3.0 $79.5-MILLION
TIONAL PAY-AS-YOU-GO
E. Dean Block distributed a TENTATIVE 1988 BACKLOG ANALYSIS PROJECTS UNDER
RKVIEW AND CONSIDERATION.
- 3 -
C 0 N C E R N S 0 F T H E M A Y 0 R
12:10 P.M.
ITEM # 29809
Mayor Oberndorf distributed a SMOKING POLICY BACKGROUND PAPER prepared by
Linda Champion, Administrative Assistant Three. If City Council should
appoint a committee, said Committee's role would be to study indepth the
smoking issues, incorporate and analyze all viable options, to serve as a
conduit for public opinion and to make recommendations as to the Policy in
the City of Virginia Beach.
Mayor Oberndorf suggested an Advisory Committee be composed of the Director
of Public Health, the Director of the Convention and Visitors Development,
representative from the City Attorney's Office,the Hotel and Motel
Association, the Virginia Beach Restaurant Association, Retail Merchants
Association and the Virginia Beach Chamber of Commerce. This Committee
would be APPOINTED with a duration of approximately 6 months.
After approximately four months of indepth study, the committee could make
a recommendation to City Council. A Public Hearing could be scheduled when
the Ordinance (if recommended) is ready. Aiternatively, City Council may
wish to hold a Public Hearing on the Committee document before directing an
ordinance be prepared.
Mayor Oberndorf distributed the Ordinance ADOPTED by the City of Norfolk
and extended appreciation to Linda Champion on a superlative research
paper.
BY CONSENSUS, City Council APPROVFD APPOINTMENT of a Committee and
commencement of the study.
ITEM # 29810
Mayor Oberndorf also di,stributed proposed dates for PUBLIC HEARINGS for
REFERENDUM BONDS for the Water Resource Project:
PUBLIC HEARING, FIRST READING August 29, 1988
SECOND READING September 6, 1988
(This matter will also be placed on City Council's
Agenda of August 22, 1988 to enable additional
input from the public prior to the formal PUBLIC
HEARING.)
The PUBLIC HFARINGS will be advertised on August 14
a,nd 21, 1988.
This item will be ADDED under NEW BUSINESS.
- 4 -
C 0 U N C I L C 0 N C E R N S
ITEM # 29811
Councilwoman McClanan and Councilman Baum offered two Resolutions in addition
to those SCHEDULED for the City Council Agenda of August 8, 1988:
A Resolution directing the Planning Commission to
consider and make its recommendation concerning a
proposed amendment to the Subdivision Ordinance to
provide that Subdivision Plats for properties
located in the AG-1 and AG-2 districts shall be
reviewed or deni,ed by the City Council.
A N D,
A Resolution directing the Planning Commission to
consider and make its recommendation to the City
Council concerning Amendments to the AG-1 and AG-2
District Classi.fications
Councilman Baum advised Councilwoman Henley had suggested a Committee composed
of two representatives from City Council, Planning Commission and City Staff
study this entire matter and its possible relation to the Transfer of
Development Rights, as this does entail the future of the rural areas.
ITEM # 29812
Councilman Perry referenced the situation of Mrs. Brock. This lady has a new
house and the septic tank was working but because some pipes have been broken
by a bulldozer, she can not utilize same. The Health Department will not let
her replace it. The City Manager will advise the status.
ITEM # 29813
Councilman Moss referenced the LIGHT RAIL BRIEFING Scheduled for the City
Council Agenda of August 15, 1988. Councilman Moss hoped sufficient time would
be provided to respond to City Council's inquiries.
ITEM # 29814
Councilman Moss also referenced a meeting SCHEDULED for Tuesday, August 16,
1988, 7.30 P.M. at Rosemont Forest Elementary School. The City Staff has
prepared an extensive presentation depicting recreational areas available.
Councilman Moss extended the invitation of Michael Nixon to Members of City
Council to attend. Mr. Nixon spoke relative recreational needs in the Rosemont
Forest Section at the City Council Meeting of August 1, 1988.
- 5 -
ITEM # 29815
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, August 8, 1988 at 12:35 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
- 6 -
ITEM # 29816
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. PERSONNEL MATTERS: Discussion or considerati,on of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of reai property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
i,nstitution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 8, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BF,ACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
August 8, 1988 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: Reverend G. T. Mitchell
North Landing Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8
Item IV-D.1/2
MINUTES ITEM 29817
Upon motion by Councilwoman Henley, seconded by Councilman Balko, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of July 11 , 1988 and
August 1, 1988.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent;
Reba S. McClanan
9
Item III-E.
PUBLIC HEARING ITEM 29818
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
a.(l) MARGARET A. DRUMMOND/JAMES R. & RECONSIDERATION OF CONDITIONS
MARGUERITE D. JOHNSON
(2) TEXACO REFINING AND MARKETING, INC. RECONSIDERATION OF CONDITIONS
b.BEACHTOWN REALTY CORPORATION CHANGE OF ZONING
c. ACQUISITIONS, INC. CHANGE OF ZONING
d. PETER SUPRENANT (P.A. BOROUGH) CHANGE OF ZONING
CONDITIONAL USE PERMIT
PETER SUPRENANT (LYNNHAVEN BOROUGH) CONDITIONAL USE PERMIT
e. MON COMPANY USA CONDITIONAL USE PERMIT
f. AMOCO OIL COMPANY CONDITIONAL USE PERMIT
g. CONTEL CELLULAR, INC. CONDITIONAL USE PERMIT
h. ALBERT AND BERNARD KROLL CONDITIONAL USE PERMIT
i. S & H COMPANY CONDITIONAL USE PERMIT
j. KENNETH L. SEAY, SR. STREET CLOSURE
k. HOP-IN FOOD STORES CONDITIONAL USE PERMIT
1. CHARLES D. MEACHUM CHANGE IN A NONCONFORMING USE
m. FORBES CANDIES ENCROACHMENT
n. LOIS B. WEBBON VARIANCE
o. SOUTHLAND CORPORATION CONDITIONAL USE PERMIT
p. COLBY D. REHMERT VARIANCE
q. CHARLES 0. AND JOAN P. STAINBACK VARIANCE
- 10 -
Item IV-E.l.a.(l)
PUBLIC HEARING
PLANNING ITEM # 29820
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council APPROVED AMENDED Conditions of the Ordinance upon application of
MARGARET A. DRUMMOND, JAMES R. & MARGUERITE D. JOHNSON for a Change of Zoning
District Classification (ADOPTED September 21, 1987 AND CORRECTED on October 5,
1987). The new set of covenants and agreements shall be properly recorded with
the Clerk of the Circuit Court:
ORDINANCE UPON APPLICATION OF MARGARET A. DRUMMOND,
JAMES R. & MARGUERITE D. JOHNSON FOR A CHANGE OF
ZONING DISTRI(;T CLASSIFICATION FROM AG-2 TO B-2
Z09871182
Ordinance upon application of Margaret A. Drummond,
James R. & Marguerite D. Johnson for a Change of
Zoning District Classification from AG-2
Agricultural District to B-2 Community-Business
District on the south side of Shipps Corner Road,
440 feet more or less east of Holland Road on Lots
8 & 1 1 Shipps Bridge. Said parcel contains 8.4
acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Acceleration and deceleration lanes to be built by
the developer on Holland Road and Shipps Corner
Road in addition to the existing roads.
2. No activity on the site until the portion of
property related to the application for a Texaco
Gas Station is resolved with City Council. (See
Item No. 29821, Page 13.)
3. Perimeter landscaping, low type (Category I), is
required along Shipps Corner and Holland Roads, as
indicated on the "Shipps Corner Market-Concept
Plan". Category III landscaping shall be utilized
around the eastern and nortiterit southern perimeters
(back and side). As feasible, the back of the
shopping center will be bermed or landscaped to
protect the public's view.
4. The two large trees on the site shall remain, if
possible. A detailed tree protection plan must be
approved by the City Arborist prior to site plan
approval.
5. Material for the buildings will be substantially as
indicated on the "Sitippe Gerner
@,,Ttl colored rendering by Rendering Arts,
Virginia Beach, Virginia, 1987, as presented to
City Council, consisting of brick, tile and stucco
and the same general appearance throughout. A copy
of this plan is on file in the Planning Department.
Item IV-E.l.a.(l)
PUBLIC HEARING
PLANNING ITEM 29820 (Continued)
6. There shall be one majap curb cut for the shopping
center on Holland Road (for 4:ngresa
Gorrgspond +0 +
propes@d apartment pr@j,
G,,is itill he Qjj@-Ted Gn shliggs Gernep @ for
right turns in/right turns out only.
There shall be two curb cuts on Shipps Corner Road,
one of which shall correspond to the main entrance
of the apartment project located across Shipps
Corner Road.
7. imperv47 Pervious or porous parking surface for
shopping center shall be maintained. Landscaping
shall be generously distributed throughout the
parking lot to protect view of cars and from sun.
This shall not be as shown on plan, but as
discussed in City Council Meeting of September 21,
1987, to be included in the center dividers for
each parking area.
8. Oil/water separators shall be used.
9. Utilization of Best Management Practices for
controlling stormwater runoff which are reasonftble
appligQi@ reasonably applicable to the
development for this site and in keeping with
recommendations for the proposed Back Bay/North
Landing River Management District.
10. The shopping center will not open until July 1990.
11. Garbage and trash receptacles shall be placed out
of sight and landscaped with he47gitt ef- Piftfi@
plantings sufficient in height to protect public's
view.
Prior to the changing of the official zoning maps.
12. A temporary construction easement and a variable
width right-of-way dedication along Shipps Corner
Road, thirty-three feet (33') from the
construction centerline as per the Shipps Corner
Road and Bridge Project plan on file with the City
Engineer's Office.
13. Appropriately sized drainage easement along the
southern boundary line to accommodate upstream
drainage.
14. Reeerdeztj-en ef- The
developer shall adhere substantially to the site
plan titled "Shipps Corner Market - Concept Plan",
as amended, drawn by Talbot and Associates, as
Project 871224 dated June 25, 1987, and revised
June 30, 1987. Setid doeel rest-----en sha4:9: a4:rg
eneempass *I;g RiQiR4 RLQ'@Q and
This Ordinance shall be effective upon the date of adoption.
1 2
Item
PUBLIC HEARIXG
PLANNING ITEIA # 29820 (Continued)
I
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
- 13 -
Item IV-E.l.a (2)
PUBLIC HEARING
PLANNING ITEM # 29821
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council APPROVED AMENDED Conditions of the Ordinance upon application of
TEX.ACO REFINING AND MARKETING, INC., for a Conditional Use Permit (ADOPTED
February 1, 1988):
ORDINANCE UPON APPLICATION OF TEXACO REFINING AND
MARKETING, INC. FOR A CONDITIONAL USE PERMIT FOR A
SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE
STORE AND A CAR WASH R02881111
Ordinance upon application of Texaco Refining and
Marketing, Inc., for a Conditional Use Permit for a
service station in conjunction with a convenience
store and car wash on certain property located at
the southeast corner of Holland Road and Shipps
Corner Road. Said parcel contains 39,640 square
feet. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH
The following conditions shall be required:
1. 9n!y ane 25 feet ettrb @tt for rigilt ttlill
oRly shall be pepmitted ofi iiellaild Read The e3E4:t
@A at the entranee te the adjae
eefiter. Ti4e eurb ttb sit.+/-+/- b@
se,atliei-n property .@id @tiai ed w! tti ' tilu
adjein@ftg pal-eel.
2. @TbQ=@ I;e enly ene etti"a etit Permitted oir
Sh4ppe Garner Read louat-d b bi@@ by
:line (as eaetei-ly as pesB4:ble) aitd shared with the
&4jellaing papeel:. T-he 1/2fj:dtit
de%epm4ned a% detailed s4!te plan review.
3.
in the g@te Plan te I-ai aet Oii tit--
ft4jaeent shepping gent@
4.
5.
St@T. 0 and Gfta p be
ebta
Gi-di ENSIVE
ZE)NI.IIG
sbtained @t@l th@a questien @8 legft!4:y aftt@B@e4.
- 14 -
Item -El.,, 2)
PUBLIC HEARING
PLANNING ITEM # 29821 (Continued)
6. The ordinance authorizing the shopping center,
(application of Margaret A. Drummond, James R. and
Marguerite D. Johnson for a Change of Zoning
District Classification from AG-2 to B-2, adopted
by City Council on 9/21/87), must be amended. (See
Item No. 29820, Page 10.) In the entrance off
Holland Road in the shopping center, the curb cut
was li,mited to ingress only. To approve the Texaco
applicant's traffic pattern, this condition must be
amended. (See Item No. 29820, Page 10.)
7. The applicant has agreed to extensive Category I
and Category II landscaping along Holland Road,
nerthern
CpQpt a 4 Read and
Shipps Corner Road and the eastern and southern
property lines.
8. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
9. There shall be two (2) public restrooms.
10. Security measures will be provided to assure the
safety of employees in said convenience store.
11. The revised site plan presented to Ci y Council on
August 8, 1988, entitled PAPCO OIL COMPANY, Site
Plan, May 3, 1988, shall be adhered to with the
following changes:
a. The entrance on Shipps Corner Road shall be
shifted further to the east to within five-feet
'111 of the eastern property line and an eigh @-
fo.t (80) long right-turn lane shall be
provided.
b. The car wash building shall be shifted twenty-
feet (201) to the south to help eliminate
conflicting traffic movements.
c. The "entrance only" on Holland Road shall have a
sharper angle to it and shall be narrowed to no
more than twenty-feet (201) in width.
This Ordinance shall be effective upon the date of adoption.
1 5
Item -El.. 2)
PUBLIC HEKRING
PLANNING ITEM # 29821 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
Item IV-E.l.b.
PUBLIC HEARING
PLANNING ITEM # 29822
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of BEACHTOWN REALTY CORPOPATION for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF BEACHTOWN REALTY
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5D to B-2 Z08881210
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Beachtown Realty
Corporation for a Change of Zoning District
Classification from R-5D Residential Duplex
District to B-2 Community-Business District on
property located on the northeast side of Alicia
Drive, 200 feet more or less northwest of Bonney
Road, containing 36,787 square feet (Kempsville
Borough).
Thi.s Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
of August, Nineteenth Hundred and Eighty-eight.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 17 -
Item IV-E.l.c.
PUBLIC HEARING
PLANNING ITEM # 29823
W. Craig Allen, 800 Newtown Road, of TALC Associates represented the
applicant
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of ACQUISITIONS, INC. for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF ACQUISITIONS, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-10 TO B-2 Z08881211
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Acquisitions, Inc.
for a Change of Zoning District Classification from
R-10 @esidential District to B-2 Community Business
District on the north side of Newtown Road, 982
feet west of Broad Meadows Boulevard. Said parcel
is located at 875 Newtown Road and contains 21,780
square feet. More detailed information is available
in the Department of Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
of August, Nineteenth Hundred and Eighty-eight.
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
- 18 -
Item IV-E.l.d.(a)
PUBLIC HEARING
PLANNING ITEM # 29824
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DEFERRED thirty days (30), until the City Council Meeting of September
26, 1988, Ordinances upon application of PETER SUPRENANT for a Change of Zoning
and a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PETER SUPRENANT FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12
TO B-2
Ordinance upon application of Peter Suprenant for a
Change of Zoning District Classification from A-12
Apartment District to B-2 Community Business
District at the northwest corner of Holland Road
and Arthur Avenue on Lots 7-10 & 16-20, Block 3,
Pecan Gardens. Said parcel contains 22,216 square
feet. PRINCESS ANNE BOROUGH.
A N Dp
ORDINANCE UPON APPLICATION OF PETER SUPRENANT FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR
ESTABLISHMENT
Ordinance upon application of Peter Suprenant for a
Conditional Use Permit for an automotive repair
establishment at the northwest corner of Holland
Road and Arthur Avenue on Lots 7-10 & 16-20, Block
3, Pecan Gardens. Said parcel contains 22,216
square feet. PRINCESS ANNE 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
- 19 -
Item V-Eld (b)
PUBLIC HEARING
PLANNING ITEM # 29825
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of PETER SUPRENANT for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PETER SUPRENANT FOR A
CONDITIONAL USE PEFDAIT FOR AN AUTOMOBILE REPAIR
ESTABLISHMENT (AUTO LUBRICATION SERVICE CENTER)
Ordinance upon application of Peter Suprenant for a
Conditional Use Permit for an automobile repair
establishment (auto lubrication service center) on
certain property located on the northeast side of
North Great Neck Road, 120 feet more or less
southeast of Mill Dam Road. Said parcel contains
19,602 square feet. More detailed information is
available in the Department of Planning. LYNNHAVEN
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
- 20 -
Item IV-E.l.e.
PUBLIC HEARING
PLANNING ITEM # 29826
Attorney Gordon B. Tayloe, Jr., North Landing Road, Phone: 627-8365,
represented the applicant
Howard Sipler, Real Estate representative for Exxon, 236 Pembroke Two,
distributed copies of a colonial-type rendering of the facility, as well as
a description of what the facility will include. (Said information is hereby
made a part of the record.)
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of EXXON COMPANY USA for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF EXXON COMPANY USA FOR
A CONDITIONAL USE PERMIT FOR GASOLINE PUMPS IN
CONJUNCTION WITH A CONVENIENCE STORE AND A CAR WASH
R08881159
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Exxon Company USA for
a Conditional Use Permit for gasoli.ne pumps in
conjunction with a convenience store and a car wash
at the northwest corner of Virginia Beach Boulevard
and Thalia Road. Said parcel is located at 4300
Virginia Beach Boulevard and contains 30,483 square
feet. Plats with more detailed information are
available in the Department of Planning. KEMPSVILLE
BOROUGH.
The following conditions shall be required:
1. Brick on the building and canopy columns (color of
brick to be selected by the City).
2. Cedar shake shingles on the building, canopy and
gazebo.
3. Dentil molding on the building and canopy.
4. Shadow boxes on the building under the windows.
5. Coach lamps on the front of the building.
6. A gazebo between the building and Thalia Road.
7. A split rail fence along the rear of the property.
8. Extensive landscaping exceeding that required by
the Zoning Ordinance.
9. Sign shall be fifteen-feet (15'), fifty-three
square feet (53) free-standing with one-foot (11)
berm.
10. Public restrooms shall be provided.
11. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
- 21 -
Item IV-E.l.e.
PUBLIC HEARING
PLANNING ITEM # 29826 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
of August, Nineteenth Hundred and Eighty-eight.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 22 -
Item IV-E.l.f.
PUBLIC HEARING
PLANNING ITEM # 29827
Attorney Charles M. Salle, 192 Ballard Court, Phone: 490-3000, represented the
applicant
Upon motion by Councilman Moss, seconded by Vi.ce Mayor Fentress, City Council
ADOPTED an Ordinance upon application of AMOCO OIL COMPANY for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR
A CONDITIONAL USE PERMIT FOR A GASOLINE SUPPLY
STATION AND CAR WASH IN CONJUNCTION WITH A
CONVENIENCE STORE R08881160
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Amoco Oil Company for
a Conditional Use Permit for a gasoline supply
station and car wash in conjunction with a
convenience store at the northwest corner of Indian
River Road and Reon Drive. Said parcel is located
at 5924 Indian River Road and contains 40,266.5
square feet. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A right-turn lane, fifty-feet (50') in length with
a fifty-foot (50') transition, is required on
Indian River Road into the entrance commencing
twenty-five- feet (25') from the end of the radius
of the i,ntersection.
2. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
The OW14ER or LEGAL REPRESENTATIVE for the Owner has revi,ewed the
conditions for APPROVAL and has signed a STATEYIENT OF CONSENT. Said
STATEMENT OF CONSENT is hereby made a part of the proceedings.
- 23 -
Item IV-E.l.f.
PUBLIC HEARING
PLANNING ITEM # 29827 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth of August, Nineteenth Hundred and Eighty-eight.
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
S7ATEMENT CP CONSERR
APPLICANT: Amoco Oil Company
APPLICATION: Conditional Lise Permit
DESCRIPTION: Gasoline Supply Station and Car Wash -
In Conjunction With a Convenience Store
Indian River Road/Reon Drive
CITY COUNCIL SESSION: August 8, 1988
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIINED THE CONDITIONS FOR APPROVAL
(REr,UIREMEITrS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING CCr4MISSION
TO THE VTRGINIA BEikCH CITY COUWIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFEPEICED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPrS AND AGREES TO:
1. A right turn lane, fifty (50) f-eet in length with a
fifty (50) foot transition, is required on Indian River
Road into the entrance commencing twenty-five (25) feet
from the erid of the radius of the intersection.
2. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the develoernent of the site.
Owner
By: cz,@ fq
Agent
Date @@- 9-@@
- 24 -
Item IV-E.l.g.
PUBLIC EFARING ITEM # 29828
PLANNING
Howard W. Martin, Jr., 1640 Sovran Center, Norfolk: Phone: 623-3000,
represented the applicant
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of CONTEL CEIJNAR, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC.
FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS
TOWER AND EQUIPMENT R08881161
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Contel Cellular, Inc.
for a Conditional Use Permit for a communi,cations
tower and equipment building at the northwest
corner of Euclid Road and Opal Avenue on Lots 23-
33, Block 55, Euclid Place. Said parcel contains
30,346 square feet. KEIAPSVILLE BOROUGH.
The following conditions shall be required:
1. Landscaping shall be in accordance with Section
232(b)(8) of the City Zoning Ordinance. Acceptable
landscaping was not shown on the site plan
submitted with this Conditional Use Permit, but
will be required during detailed site plan review.
2. A ten-foot (101) right-of-way dedication is
required along the frontage of this property on
Euclid Road to provide for an ultimate sixty-foot
(601) collector road in an industrial area.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the
conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said
STATEMENT OF CONSENT is hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth of August, Nineteenth Hundred and Eighty-eight.
- 25 -
Item IV-E.l.g.
PUBLIC HEARING
PLANNING ITEM # 29828 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighth of August, Nineteenth Hundred and Eighty-eight.
Voti,ng: 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.
Counci,l Members Voting Nay:
None
Council Members Absent:
None
S7ATEMERT OF CCNSEET
APPLICANT: Contel Cellular, Inc.
APPLICATION: Conditional Use Permit
DESCRIPTION: Communications Thwer/Equipment Building
Euclid Road/Opal Avenue
CITY COUNCIL SESSION: August 8, 1988
THE LUDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR 'IHE (MNER,
(or Agent for the Owner), HAS REVIINED THE CONDITIONS FOR APPROVAL
(RE(2JIREMENT) RECO14MENDED BY THE VIRGINIA BEACH PLANNING CCf4MISSION
TO THE VIRGINIA BEACH CITY COUWIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFEREWED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. Landscaping shall be in accordance with
Section 232(b)(8) of the City Zoning Ordinance.
Acceptable landscaping was not shown on the site plan
submitted with this conditional use permit, but will be
required during detailed site plan review.
2. A ten (10-) foot right-of-way dedication is required
along the frontage of this property on @clid Road to
provide for an ultimate 60 foot collector road in an
industrial area.
Owner
By:
Agent
Date y -
- 26 -
Item IV-E.l.h.
PUBLIC HEARING
PLANNING ITEM # 29829
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of ALBERT & BERNARD KROLL for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ALBERT & BERNARD
KROLL FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE REPAIR ESTABLISHMENT R08881162
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Albert & Bernard
Kroll for a Conditional Use Permit for an
automobile repair establishment on certain property
located on the east side of Lynnhaven Parkway, 1090
feet more or less north of Holland Road. Said
parcel contains 1.94 acres. More detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. In accordance with the Master Street and Highway
Plan, a variable width right-of-way dedication is
required along the entire Lynnhaven Parkway
frontage to provide for an ultimate six-lane (6)
divided right-of-way section. Up to approximately
twelve-feet (121) of right-of-way dedication is
required.
2. If the existing ingress/egress easement is to be
relocated as shown on the submitted site plan, the
recorded subdivision plat must be amended to
reflect this change.
3. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
4. There shall be no usage of the drainage easement.
5. The trees at the rear of the parcel along the
drainage easement shall remain.
6. All lighting shall be on the front portion of the
property.
- 27 -
Item IV-E.l.h.
PUBLIC HEARING
PLANNING ITEM # 29829 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth
of August, Nineteenth Hundred and Eighty-eight.
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
- 28 -
Item IV-E.i.i.
PUBLIC HEARING
PLANNING ITEM # 29830
Dr. David Hager, Associate Vice President for Academic Affairs - Old Dominion
University, represented 8 & H Company, Old Dominion University and Norfolk
State University. Dr. Hager distributed a schematic of the building layout and
tower.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of S & H COMPANY for a Conditi.onal Use
Permit:
ORDINANCE UPON APPLICATION OF S & H COMPANY FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER
R08881163
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of S & H Company for a
Conditional Use Permit for a communications tower
on the west side of Little Neck Road, 140 feet more
or less north of Virginia Beach Boulevard. Said
parcel is located at 397 Little Neck Road and
contains 2.595 acres. More detailed information is
available in the Department of Planni.ng. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. This Conditional Use Permit shall be for a period
of three (3) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighth of August, Nineteenth Hundred and Eighty-eight.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 29 -
Item IV-E.l..i.
PUBLIC HEARING ITEM # 29831
PLANNING
Attorney Malcolm Higgins, 4505 Reynolds Drive, represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council
APPROVED, conditioned upon compli,ance by February 13, 1989, Ordinance upon
application of Kenneth L. Seay, Sr. for the disconti.nuance, closure and
abandonment of a portion of Bushnell Drive:
Application of Kenneth L. Seay, Sr., for the
discontinuance, closure and abandonment of a
portion of Bushnell Drive beginning at the eastern
boundary of General Booth Boulevard and running in
a southeasterly directi.on to the western boundary
of Bushnell Drive. Sal.d parcel contains 5855-30
square feet. LYNNHAVEN BOROUGH.
1. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office.
2. Dedication of a public utili.ty easement as
determined by Public Utilities over the existing
water line located within the portion of right-of-
way proposed for closure. A fifteen-foot (15')
easement is required centered over the existing
water line.
3. The applicant shall submit a revised Ordinance
closing the street to the City Attorney's Office.
The redraft shall include a "save and except"
clause for the utility easement referenced in
condition #2.
4. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as to ensure that
all lots have access to a publi,c street.
5. The applicant is responsible for making
arrangements to accommodate any non-municipal
utilities which may be located in the right-of-way
proposed for closure.
6. A one-foot (11) no ingress/egress easement shall be
platted along General Booth Boulevard (Camp
Pendleton entrance road).
7. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
- 30 -
Item IV-E.l.j.
PUBLIC HEARING ITEM # 29831 (Continued)
PLANNING
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
Voting; 10-1
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, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
STRTEMENT OF CONSENT
APPLICANT: Kenneth L. Seay, Sr.
APPLICATION: Street Closure
DESCRIPrION: Bushnell Drive/General Booth Boulevard
CITY COUNCIL SESSION: August 8, 1988
THE LJNDERSIGNED (MNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner) , HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIRIMENTS) RBCC14MENDED BY THE VIRGINIA BEACH PIANNING C(X4MISSION
TO THE VIRGINIA BEACH CITY COUNCIL FC)R AFFIRMATIVIE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR A14ENDMEITr TO TIIE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
1. 'Ihe ultimate disposition of this right-of-way shall be
by purchase rather than direct conveyance, subject to
d6termination by the City Attorney's Office.
2. Dedication of a public utility easement as determined by
Public Utilities over the existing water line located
within the portion of right-of-way proposed for clousre.
A fifteen (1 5) foot easement is required centered over
the existing water line.
3. 'Ihe applicant shall submit a revised ordinance closing
the street to the City Attorney's office. The redraft
shall include a "save and except" clause for the utility
easement referenced in coridition #2.
4. Fesubdivision of the property and vacation of internal
lot lines to incorporate the closed area into adjoining
parcels, as wll as to ensure that all lots have access
to a public street.
5. The applicant is responsible for making arrangements to
accommodate any non-municipal utilities which may be
located in the right-of-way proposed for closure.
6. A one (1 ) foot no ingress/egress easement shall be
platted along General Booth Boulevard (Camp Pendleton
entrance road) .
7. Closure of the right-of-way shall be contingent upon
compliance with the above stated conditions within 180
days of the approval by City Cbuncil.
Owner
By:
Agent
Date:
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS BUSHNELL
DRIVE, SHOWN ON THAT PLAT ENTITLED, "PLAT SHOWING PRO-
POSED STREET CLOSURE OF WESTERN TERMINUS OF BUSHNELL
DRIVE LOCATED BETWEEN BLOCKS 29 & 30, CROATAN BEACH-
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA", WHICH
PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Kenneth L. Seay, SC., respect-
fully repcesents as follows:
1. That Pursuant to the pcovisions of Section
15.1-364 of the Code of Virginia, 1950, as amended, the
Petitioner applies for the vacating, closing and dis-
continuance of a portion of that certain street, which
is more specifically described as follows:
ALL THAT certain parcel of land being the
western terminus of Bushnell Drive located between
Parcel 29 (Block 48) and Parcel 30 (Block 49) on the
Plat of Croatan Beach, made by William T. McMillan,
C.B., dated July 4, 1949, and recocded in the Clerk's
Office, Circuit Court, Virginia Beach, Virginia at
Map Book 24, page 37, and being more particularly
described as follows:
BEGINNING at a pin on the southecn side of
the Bushnell Dcive 50' right of way, which pin marks
the boundacy between Lot 10 and Lot 11 on the plat
of "SUBDIVISION OF PROPERTY, PARCL@L 29 - BLOCK 48,
CROATAN BEACH, M.B. 24, P. 37, LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VA" prepared by Gallup Surveyors and
Engineers, Ltd. dated May 27, 1987, and last revised
October 29, 1987, recorded in the aforesaid Clerk's
Office at Deed Book 2702, page 1049, and proceeding
along Bushnell Drive N 45'00'00" W 20.12 feet to a
pin, the TRUE POINT OF BEGINNING; thence along Bustinell
Drive on a curve to the right, having a cadius of 60.00
feet, a distance of 84.25 feet to a pin; thence 10.29
feet to a pin; thence reversing direction and pro-
ceeding along a curve to the right having a cadius
of 10.00 feet, a distance of 16.00 feet to a pin;
thence N 45'00'00" W 70.38 feet to a pin; thence along
a curve to the right having a cadius of 20.00 feet,
a distance of 30.63 feet to a pin on the eastern side
of the right of way of General Booth Boulevard; thence
reversing direction and proceeding along General Booth
Boulevard on a curve with a radius of 1186.00 feet,
a distance of 69.23 feet to a pin; thence S 45'00'00"E
156.81 feet to the TRUE POINT OF BEGINNING. (Portion
to be vacated is designated as 5855.30 sq. ft. of
Bushnell Drive).
Said parcel of land being a portion of Bushnell
Drive, as indicated on that certain plat entitled "Plat
Showing Proposed Street Closuce of Western Terminps of
Bushnell Dcive, Located Between Blocks 29 & 30 Ccoatan
Beach, M.B. 24 P. 37, Lynnhaven Borough, Virginia Beach,
Va.", made by Gallup Surveyors & Engineers, LTD, dated
January 18, 1988, which plat is attached hereto and made
a part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
2. No inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance
of said street; and that Petitioner prays that this
Honorable Council appoint viewers as provided by law to
view said platted street proposed to be closed and to
report in writing to the Council as to whethec in the
opinion of said Viewers, what inconvenience, if any,
would result from the discontinuance and closing of this
poction of said street, as herein reported and described.
3. That on the 1st day of June, 1988 and on
the 8th day of June, 1988, notice of the presenting of
this application was published in the Virginia Beach
Sun, a newspaper of general circulation in the City of
Vicginia Beach, Virginia.
4. That the fee simple ownecs of all land
along and adjacent to and affected by said portion of
the platted street ace (a) your Petitioner hecein,
-2-
Kenneth L. Seay, Sr. and Anna Myra Seay, husband and
wife, and (b) Ike and Don, Inc., a Virginia corpocation,
120 London Bridge Center, Virginia Beach, VA 23454.
Respectfully submitted,
KENNETH L. S AY,
BY:
C 0 P'n s te
Malcolm B. Higgins, II, Esquire
641 Lynnhaven Packway, Suite 200
Virginia Beach, VA 23452
(804) 463-9000
-3-
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- 31 -
Item IV-E.l.k.
PUBLIC HEARING
PLANNING ITF24 # 29832
Attorney Charles M. Salle', 192 Ballard Court, Phone: 490-3000, represented the
applicant and requested DEFERRAL.
The following registered in OPPOSITION:
Charles R. Tracy, 1116 Eaglewood Drive, Phone: 422-9858, President of the Red
Wing Civic League
Thomas J. Danels, 1223 Eaglewood, Phone: 491-1709
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DEFERRED two weeks until the City Council Meeting of August 22, 1988,
an Ordinance upon application of HOP-IN FOOD STORES for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF HOP-TN FOOD STORES,
INC., A CONDITIONAL USE PERMIT FOR GASOLINE SALES
IN CONJUNCTION WITH A CONVENIENCE STORE
Ordinance upon application of Hop-In Food Stores,
Inc., for a Conditional Use Permit for gasoline
sales in conjunction with a convenience store on
certain property located at the northwest
intersection of General Booth Boulevard and Ruffian
Road. Said parcel contains 37,897 square feet.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
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
- 32 -
Item IV-E.1.1.
PUBLIC HFARING ITEM # 29833
PLANNING
Charles D. Meachum, 205 62nd Street, the applicant, represented himself
The following spoke in OPPOSITION:
H. Lee Green, 207 62nd Street
Allen T. Dalton, 207 63rd Street, Phone: 425-7246
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED a Resolution authorizing the enlargement of the Nonconforming Use and
Structure located at 205 62nd Street upon application of CUUES D. MEACHUM.
Application of Charles D. Meachum for a change in a
nonconforming use on property located on the north
side of 62nd Street, 90 feet west of Pacific
Avenue. Said parcel is located at 205 62nd Street
and contains 12,375 square feet. 41TEr'114T' 29AC:14
LYNNHAVEN BOROUGH.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
1 RESOLUTION AUTHORIZING THE ENLARGEMENT
2 OF THE NONCONFORMING USE AND STRUCTURE
3 LOCATED AT 205 62nd STREET
4 PROPERTY OF CHARLES D. and TALLEY C. MEACHUM
5
6 WHEREAS, Charles D. and Talley C. Meachum, husband and wife,
7 currently have a garage apartment and a two-story duplex on their
8 property located at 205 62nd Street, hereinafter "the Property,"
9 as shown on the site plan entitled "PROPOSED BUILDING ADDITION
10 FOR CHARLES MEACHAM,ll dated June 7, 1988, prepared by Gallup
11 Surveyors & Engineers, Ltd, hereinafter "Site Plan," a reduced
12 copy of which is attached hereto and made a part hereof as
13 Exhibit "A;" and
14 WHEREAS, pursuant to an Affidavit signed by the
15 Property's previous owner, three living units have existed on the
16 Property since the late 1940's. Said Affidavit is attached
17 hereto and made a part hereof as Exhibit "B;" and
18 WHEREAS, Charles D. and Talley C. Meachum desire to convert
19 their existing two-story duplex to a single family dwelling and
20 construct an additional 2,040 square foot two-story dwelling to
21 the said existing duplex, as shown as the outlined area on said
22 attached Exhibit "A," thereby maintaining the number of living
23 units currently on the Property; and
24 WHEREAS, the present use does not conform to the provisions
25 of the Comprehensive Zoning Ordinance because three residential
26 units are not allowed in the R-5R, Residential District; and
27 WHEREAS, pursuant to Section 105(d) of the Comprehensive
28 Zoning Ordinance, City Council may authorize the enlargement or
29 extension of a nonconforming use if Council finds that the use
30 as enlarged or extended is equally appropriate or more
31 appropriate to the zoning district than is the existing
32 nonconformity.
33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35 That City Council hereby finds the enlargement or extension
36 of the nonconforming use of the nonconforming three residential
37 units located at 205 62nd Street, Virginia Beach, Virginia, as
38 shown on the Site Plan, are equally appropriate or more
39 appropriate to the zoning district in which they are located than
40 is the existing nonconformity; and the City Council hereby
41 authorizes the enlargement or extension of the nonconforming use
42 in the manner shown on the Survey, provided extension of the use
43 complies with all building, site plan and other requirements of
44 the City of Virginia Beach.
45 Adopted by the Council of the City of Virginia Beach,
August 8, 1988
46 Virginia, on
APPRovED A$ 10 CONTENTS
5@ TURE
DEPARTMENT
APPROVED AS TO FORM
zr-@-Er
SIGNATURE
CITY ATTORNEY
2
EXHIBIT "B"
AFFIDAVIT
COMMONWEAL,rii OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, CATHERINE S. VEASEY, do voluntarily make the following
statements of facts as to tlie development and use of tlie property
located at 205 62nd Street in Virginia Beach, Virginia, further
described as lot 5, Section 2 of New Virginia Beach.
The original home was completed on March 17, 1946, and it
included a kitclien and a bathroom. An-addition to the west of
the original building was completed on Julr 1, 1948. This
addition included two bedrooms and a bathroom 6.n.tlie ground floor
and a kitclien, battiroom, bedroom and living rooni on the second
floor. Tlle secoiid floor was rented on cojytpletion as a separate
living apartment. In 1950 a separate, detached building was
constructed to tlie nortli of the original structure. It included
a kitclien and batliraoin, garage and a separate room that was used
as a craft sliop.::,. Tliis 1950 construction included a separate
liviiig apartment, so tliere were three living units colitpleted and
in use oti tliis property by the ehd of 1950.
ln 1952 tliere was a small addition to the original kitchen,
and iii 1956 Lliere was ati addition toltlie original structure whicli
included a living rooin and master bedroom.
In April 1983, having owned the property continuously since
the mid-1940's, Mr. Veasey and I sold this property to Charles D.
and Talley C. Meachum.
@ATHERINE S. VEASEY
SUBSCRIBED and sworn to before me in my City and State
aforesaid this day -of @l, e, t
1988.
Notary Publ
My Commission Expires: 90
APPLICATION FOR THE ENLARGEMENT, EXTENSION,
RELOCATION OR CONVERSION OF A NONCONFORMING USE
Submitted by: Charles D. Meachum
Telephone: home: 422-6404
work: 446-6813
For Property At: 205 62nd Street
Virginia Beach, Virginia 23451
I. REQUIRED INFORMATION
A. The subject property at 205 62nd Street was purchased
from the original owners, William S. and Catherine S.
Veasey (who built the existing structures in the late
1940's) by Charles D. and Talley C. Meachum on April 1,
1983.
B. One copy of a survey and seven copies of the site plan
are included.
C. A general location map is shown on the site plan.
Additional location maps will be furnished by the
Planning Department.
D. Legal description:
All that cdrtain lot, piece or parcel of land, with the
buildings and improvements thereon, situate, lying and
being in the City-of Virginia Beach, Virginia, and
known, numbered and designated as Lot Number 9, in
Block 1, on the map of Section Two, New Virginia Beach,
property of John D. Gordan and Charles G. Hume, which
said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Bach, Virginia,
in Map Book 7, Page 78, and to which reference is made
for more particular description.
E. The property has included three living units since the
late 1940's. See the Affidavit of the original owner
which is attached.
F. The project will consist of new construction of one
living unit, and the combination of the two existing
living units into one. Upon completion there will be
three units (three kitchens) as have existed on the
property since 1948. Floor space and lot coverage will
comply with current regulations.
The property as it is, now appears disjointed and in
need of renovation. The planned addition was prepared
by The Design Collaborative to implement the existing
structure and be a favorable addition to the improving
neighborhood.
@" a
Charles D. Meachum
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Toren C. Cady, a Notary Public in and for the City and
State aforesaid, do hereby certify that Charles D. Meachum, whose
name is signed to the foregoing Application for the Enlargement,
Extension, Relocation or Conversion of a Nonconforming Use has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this 30th day of June, 1988.
Notary Public a
My commission expires: /t 1,9@
- 33 -
Item IV-E.I.m.
PUBLIC HEARING ITEM # 29834
PLANNING
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
DEFERRED INDEFINITELY Ordinance upon application of FORBES CANDIES, INC. for
approval of Encroaching Signs at 2330 Atlantic Avenue.
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
- 34 -
Item TV-E.I.n.
PUBLIC HEARING ITEM # 29835
PLANNING
Wallis Damon, Jr., 2242 Greenwell Road, resident of the Chesapeake Beach
section, represented the applicant and distributed a sketch depicting a cross
section of revised driveways and a cross section of proposed concrete gutter.
(Said drawing is hereby made a part of the record.)
Attorney Michael H. Nuckols, Kaufman & Canoles, 1104 Laskin Road, represented
the applicant
A MOTION was made by Councilman Perry, seconded by Councilwoman McClanan to
DEFER INDEFINITELY the Application of Lois B. Webbon for a Variance to Section
4-4(b) of the Subdivision Ordinance, which require lots created by subdivision
to meet all of the requirements of the Zoning Ordinance, on property located at
2240 Greenwell Road (Bayside Borough). Said MOTION was WITHDRAWN.
A MOTION was made by Councilman Perry, seconded by Vice Mayor Fentress, to
APPROVE the Application of Lois B. Webbon for a Variance to Section 4.4(b) of
the Subdivision Ordinance, which require lots created by subdivision to meet
all of the requirements of the Zoning Ordinance, on property located at 2240
Greenwell Road (Bayside Borough).
Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Vice Mayor Hobert E. Fentress, Harold Heischober,
and John L. Perry
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Absent:
None
- 35 -
Item IV-E.l.n
PUBLIC HFARING IT@l # 29835 (Continued)
PLANNING
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
DENIED the application of LOIS B. WEBBON for a Variance to Section 4.4(b) of
the Subdivision Ordinance, which require lots created by subdivision to meet
all of the requirements of the Zoning Ordinance. This application entails a
double flag lot.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Lois B. Webbon. Property
is located at 2240 Greenwell Road. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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:
Vice Mayor Robert E. Fentress, Harold Heischober,
and John L. Perry
Council Members Absent:
None
- 36 -
Item IV-E.l.o.
PUBLIC HEARING
PLANNING ITEM # 29836
The following spoke in favor of the application:
Attorney Gordon B. Tayloe, Jr., North Landing Road, Phone: 627-8365
Randy Coles, Construction Manager of Southland Corporation
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council DEFERRED until the City Council Meeting of September 26, 1988, an
Ordinance upon application of SOUTHLAND CORPORATION for a Conditional Use
Permit. This DEFERRAL will enable preparation of a total concept plan for the
property.
ORDINANCE UPON APPLICATION OF SOUTHLAND CORPORATION
FOR A CONDITIONAL USE PERMIT FOR GASOLINE SALES I
CONJUNCTION WITH A CONVENIENCE STORE
Ordinance upon appli.cation of The Southland
Corporation for a Conditional Use Permit for
gasoline sales in conjunction with a convenience
store at the northwest corner of Independence
Boulevard and Pleasure House Road on portions of
Lots 59, 6o, 61 & 62A, Shelton Place. Said parcels
contain 46,288 square feet. 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
- 37 -
Item IV-E.l.p.
PUBLIC HEARING
PLANNING ITEM # 29837
Attorney Greg Pugh, 3300 Pacific Avenue, Phone: 422-4700, represented the
applicant and requested DEFERRAL as the representative attorney, Senator
Moody Stallings is in a Senate Subcommittee Meeting.
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
DEFERRED until the City Council Meeting of September 26, 1988, the application
of COLBY D. REHMERT for a Variance to Sections 4.4(b) and 4.4(d) of the
Subdivision Ordinance.
Appeal from Decisions of Administative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Colby D. Rehmert.
Property is located at 627 Timberland Trail. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, 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:
Harold Heischober
- 38 -
Item IV-E.l.g.
PUBLIC HEARING
PLANNING ITEM # 29838
Charles 0. and Joan P. Stainback, 2516 Chubb Lake Avenue, 460-4647, distributed
a petition of nineteen (19) signatures in support of the application, as well
as letters in support accompanied the applicant's written proffer. (Said
information is hereby made a part of the record.)
Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council
APPROVED the application of CHARLES 0. AND JOAN P. STAINBACK for a Variance to
Section 4.4(b) of the Subdivision Ordinance, which requires all lots created by
subdivision to meet all requirements of the Zoning Ordinance.
Appeal from Decisions of Administrative Oficers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Charles 0. and Joan P.
Stainback. Property is located at 5020 Lauderdale
Avenue. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH.
The following condition will be required:
1. The grantor shall grant and convey an easement of
fifteen-feet (15') in width along the eastern lot
line of Lots 28 and 29, as resubdivided, for
ingress/egress to Lots 12 and 13 as resubdivided,
reserving to the grantor the right to allow the
existing dwelling on Lots 28 and 29 and to encroach
(2.11) into the easement until such dwelling is
voluntarily or involuntarily removed from the
property. This proffer will not be recorded in the
Court, but shall be kept in the files of the
Planning Department.
Voting: 10-1
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, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
39 -
Item I
RESOLUTIONS ITEM # 29839
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of August 15, 1988, provided the
requested information is received from Jack @ihitney, Environmental Co-
ordinator:
Resolution directing the Planning Commission to
consider and make its recommendation to the City
Council concerning a proposed ordi,nance to require
a use permit for the construction of septic tanks
and/or drain fields for septic tanks in the AG-1
District.
Resolution directing the Planning Commission to
consider and make its recommendation concerning a
proposed amendment to the Subdivision Ordinance to
provide that subdivision plats in the AG-1 and AG-2
Districts shall be reviewed and approved or denied
by the City Council.
Resolution directing the Planning Commission make
recommendation to City Council concerning
amendments to AG-l/AG-2 Classifications.
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
- 40 -
Item IV.F.3-
RESOLUTIONS ITEM # 29840
Upon motion by Concilman Moss, seconded by Vice Mayor Fentress, City Council
ADOPTED, AS AMENDED*:
Resolution Requesting the Board of Zoning Appeals
to Deny Certain Applications or Variances from City
Setback Requirements.
*The Resolution shall eliminate the name R. G. Moore and shall substitute
Item Numbers 11 through 24, inclusive, on the agenda of the Board of Zoning
Appeals on August 12, 1988.
*Paragraph 8, On Line 35, shall be AMENDED, to read:
"That the Zoning Administrator of the City of
Virginia Beach be, and hereby is, requested to
communicate to the Board of Zoning Appeals the
aforesaid concerns of the City Council in these and
in other applications for setback variances from
major arterials and collector streets."
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 A RESOLUTION REQUESTING THE BOARD OF ZONING
2 APPEALS TO DENY CERTAIN APPLICATIONS FOR
3 VARIANCES FROM CITY SETBACK REQUIREMENTS
4 WHEREAS, application has been made to the Board of
5 Zoning Appeals in 14 separate cases for variances from certain of
6 the setback requirements of the City Zoning Ordinance on
7 Independence Boulevard; and
8 WHEREAS, the said applications are scheduled to be
9 heard as item numbers 11 through 24, inclusive, on the agenda of
10 the Board of Zoning Appeals on August 12, 1988; and
11 WHEREAS, the City of Virginia Beach is formulating a
12 noise abatement policy applicable to its major arterials and
13 collector streets in response to State policy requiring
14 localities, as a condition of receiving funds from the State for
15 the implementation of such policies, to institute noise abatement
16 plans applicable to residential and other developments adjacent
17 to major rights-of-way; and
is WHEREAS, the City Council has referred to the Planning
19 commission proposed amendments to the city zoning ordinance
20 increasing the setback requirements for lots abutting major
21 rights-of-way, which amendments are to be considered by the
22 Planning Commission on August 9, 1988; and
23 WHEREAS, the construction of dwellings closer than thirty
24 feet to major arterials, such as Independence Boulevard, enhances
25 the undesirable effects upon the residents of such dwellings
26 caused by traffic travelling upon such roadways; and
27 WHEREAS, the granting of the aforesaid variances would
28 therefore be contrary to the purpose and intent of the setback
29 requirements of the City Zoning Ordinance;
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
31 THE CITY OF VIRGINIA BEACH, VIRGINIA:
32 That the Zoning Administrator of the City of Virginia
33 Beach be, and hereby is, requested to communicate to the Board of
34 Zoning Appeals the aforesaid concerns of the City Council in
35 these and in other applications for setback variances from major
36 arterials and collector streets.
37 Adopted by the City Council of the City of virginia
38 Beach on the 8 day of August, 1988.
39 WMM/dhh
40 CA-88-2872
41 MOORE.RES
42 08/02/88
43 08/08/88
2
NOTICE OF PUBLIC HEARING
The Board of Zoning Appenin will conduct a Public Hoaring an FRIDAY, Augumt 12,
198a at lOtOO a.m., in the City Council Cheabore of the City Hall Building,
Municipbl Center, Virginia Beach, Virginia. The stalf briefing will be hold at
9t3O a.m., in the City Manager's Conference Room. Tho folloving applications
vill appear an the agonda.
*PLEASE NOTEs IF NO ONE APPEARS BEFORE THE BOARD TO REPRESENT THE APPLICATION,
THE VARIANCE COULD BE DENIEDII
REGULAR AGENDAT
Cam* It David Jackson roquents a variance of 20 feat to a 10 foot setback from
Lockhood Avenue instead of 30 feet an required for side yards adjacent to a
stro*t and of 10 feet to a 10 foot roar yard setback (15 foot alley) instead of
20 feet an roquired (proposed nov dvalling) on Lot 1, Block 13, Croatan, 836
Surfaide Avenue. Lynnhaven Borough. ZONINal R-10
Caae 2i A. E. Havens roquosto s varianae of 15 feet to a *00 setback along the
south and eastern property lin*n instead of 15 feet each an required when a
commorcial district adjoins a residential or apartment district and to waive the
Category IV landocapo screening in each vhere required (proposed office building)
on part of Parcel A, Subdivision of Forry Point, Indian Rivor Road. Kompaville
Borough. ZONINGs B-2
Came 3i Lillie M. Babolas requests a variance of 20 feet to a 000 front yard
setback (Ocean Front Avenue) instead of 20 feet as required and o:f 8 feet to a
101 setback from the north and south property lines instead of 8 feet each as
required (proposed vooden dock) an Lot 5, Block 3, Section E, Cape Henry
Syndicate, 7202 @anfront Avenue. Lynnhaven Borough. ZONINGI R-5R
Came 4i Steven P. gorgon requests a variance of 18 feet to a 12 foot front yard
setback (Birks Lane) instead ot 30 feet an required (inground evisming pool) on
Lot 40, Section One, Bellamy Woods, 1172 Brattlebora Arch. Keepaville Borough.
ZONIN(31 ZONIXGI R-10
Case 5i Patay J. Carroll requests a variance of 8 feet to a 42 foot front yard
setback inateed of 50 fe*t an required (proposed front parch) on Lot 7, Block R,
Section Three, Laurel Cove, 2325 Trant Lako Drive. Lynnhaven Borough. ZONINGI
R-20
Cam* fit Thomas and Joyce Lucas requests a variance of 8 feet to A 12 foot rear
yard setback inatead of 20 feet as required (proposed screened porch) an Lot 133,
Section Tvo, Kings Grant, 3104 Cheltinghas Place Eact. Lynnhaven Borough.
ZONINGt R-10
Case 7: Richard A. and John A. Maddox by Richard H. Dounnat, Attorney requests a
variance of 46 square feet in sign area to 99 square feet in sign ares instead of
53 square feet in sign area as allowed and to allov a free-standing sign on
property having lose than 100 feet of principal frontage and of 7 feet to a 'O"
sign setback instead of 7 feet ao required and to waive the 75 square feet of
landscaped area around the free-etanding sign vhere required and of (1) sign to
(3) signs instead of (2) signs as allowed on Lot 1, Block 66, Virginia Beach
Development Company, 2701 Atlantic Avenue. Virginia Beach Borough.
ZONING% RT-1
Case 8: Baymark Construction Corporation by Richard S. Foster, President
requests a variance of 8 feet to a 22 foot front yard setback instead of 30 feet
as required (proposed nev dvelling) an Lot 6, Block H, Section Three, Pine
Meadows, 1609 Poincare Bend. Princess Anne Borough. ZONING: R7.5
Case 9- Baymark Construction Corporation by Richard S. Foster, President
requests a variance of 8 feet to a 22 toot front yard setback instead of 30 feet
as roquired for side yards adjacent to a street (propoeed new dvelling) on Lot
20, Block G, Section Three, Pine Meadows, 909 Dvyer Court. Princess Anne
Borough. ZONING: R7.5
Case 10: Baymark Construction Corporation by Richard S. Foster, President
requ*ats a variance of 5 feet to a 25 foot setback from Daimler Drive instead of
30 feot as required from side yards adjacent to a street (proposed new dwelling)
on Lot 62, Block A, Section Four, Pine Meadows, 961 Wasserman Drive. Princess
Anne Borough. ZONINGI R7.5
Case li.- R. r3. Moore Building Corporation by Richard K. Stell requeetz a
variance of 5 feet to a 25 foot setback from Independence Boulevard instead of 30
feet as required (proposed nev dvelling) on Lot 52, Block A, Phase One, Glenwood,
Drumheller Drive. Kempaville Borough. ZONING: PDH2
Case 12: R. G. Moore Building Corporation by Richard K. Stell requeetz a
variance of 9 feet to a 21 foot setback from Independence Boulevard instead of 20
feet as required (propoeed new dwelling) on Lot 53, Block A, Phase One, Glenwood.
Drumheller Drive. Kempaville Borough. ZONINat PDH2
Cai3e 13- R. 0. Moore Building Corporation by Richard K. Steil requests a
variance of 3 feet to a 27 foot setback from Independence Boulevard instead of 30
ieet an required (proposed new dwelling) an Lot 54, Block A, Phase One, Glenwood,
Drumheller Drive. Kempaville Borough. ZONING: FDH2
Case 14: R. 0. Moore Building Corporation by Richard K. Stell requests a
variance of 5 feet to a 25 foot setback from Independence Boulevard inatead of
30 feet as required (proposed new dvelling) an Lot 55, Block A, PhaEe One,
Glenwood, Drumheller Drive. Kempaville Borough. ZONING: PDH2
Case 15- R. G. Moore Building Corporation by Richard K. Stell iequeEtE a
variance of 13 feet to a 17 foot setback from Independence Boulevard instead of
30 feet as required (proposed new dvelling) an Lot 56, Blrck A, Phaze One,
Glenvood, Drumheller Drive. Kempaville Borough. ZONING: PDH2
Case 16: R. S. Moore Building Corporation by Richard K. Stell request2 a
variance of 9 feet to a 21 foot setback from Independence Boulevard instead of
30 feet aj3 required (proposed new dwelling) an Lot 57, Block A. Phase One,
Glenwood, Drumheller Drive. Kempaville Borough. ZONINGZ PDH2
Case 17.- R. 0. Moore Building Corporation by Richard K. Stell requests a
variance of 3 feet to a 27 foot setback from Independence Boulevard instead of 30
feet an required (proposed new dwelling) on Lot 5a, Block A, Phase One, Blenvood,
Drusheller Drive. Kempaville Borough. ZONING: PDH2
Case IS: R. G. Moore Building Corporation by Richard K. Stell requests a
variance of 5 feet to a 25 foot setback from Independence Boulevard instead of
30 feet as required (proposed nev dvelling) on Lot 59, Block A, Phase One,
Glenwood, Drumheller Drive. Kempaville Borough. ZONING: PDH2
Case 19. R. (3. Moore Building Corporation by Richard K. Stall requests a
variance of 13 feet to a 17 foot setback from Independence Boulevard instead of
30 feet as required (propooed nev dvelling) on Lot 60, Block A, Phase One,
Glenwood, Drumheller Drive. Kempoville Borough. ZONING: PDH2
Case 20i R. (3. Moore Building Corporation by Richard K. Steli requests a
variance of 9 feet to a 21 foot setback from Independence Boulevard instead of
30 feet as required (proposed nev dwelling) on Lot 6i, Biock A, Phaae One,
Glenwood, Drusheller Drive. Kempaville Borough. ZONINGI PDH2
Case 2it R. (3. Moore Building Corporation by Richard K. Stell requests a
variance of 3 feet to a 27 foot setback from Independence Boulevard instead of 30
feet an required (proposed nev dwelling) on Lot 62, Block A, Phase One, Glenvood,
Drunheller Drive. Kempaville Borough. 20MING1 PDH2
Case 22i R. G. Moore Buiiding Corporation by Richard X. Stell requests a
variance of 5 feet to a 25 foot setback from Independence Boulevard instead of 30
feet as required (proposed nev dvelling) on Lot 63, Block A, Phase One, GlenvQod,
Drumholler Drive. Kempaville Borough. ZONING! PDH2
Case 23, R. r2. Moore Building Corporation by Richard K. Stell reqUeEtE a
variance of 12 feet to an 18 foot setback from Independence Boulevard instead of
30 feet as required (proposed nev dvelling) on Lot 64, Block A, Phase One,
(31envood, Drumholler Drive. Kempaville Borough. ZONINGI PDH2
Case 24i R. B. Moore Building Corporation by Richard X. Steil requeets a
variance of 3 feet to a 27 foot setback from Independence Boulevard instead of 30
feet as required (proposed new dvelling) on Lot 65, Block A, Phase One, Glenwood,
Drumheller Drive. Kempaviile Borough. ZONING: PDH2
Case 25- George B. Kemp requests a variance of 18 feet to a 12 foot Eetback flom
Pleasure House Road and of 15 feet to a 15 foot setback from Herl Circie instead
of 30 feet each as required (proposed attached dwellinge) on Lot 1, Woods of
Chesapeake, 2315 Merl Circle. Bayside Borough. ZONINGI A-18
4
Case 26i George B. Kemp requests a variance of 17 feet to a 13 loot setback frcm
Pleasure House Road and of 10 feet to a 20 foot setback from gerl Circle instead
of 30 teet each as required (proposed attached dvellings) on Lot 2, Woode of
Chesapeake, 2313 Herl Circle. Bayside Borough. ZONING: A-18
Came 27i George B. Kemp requests a variance of 11 feet to a 19 foot setback from
Merl Circle and Pleasure House Road instead of 30 feet each as required (proposed
attached dwellings) on Lot 3, Woods of Chesapeake, 2311 Merl Circle. Bayside
Borough. ZONINGI A-18
Case 2a: George B. Kemp requests a variance of 20 feet to a 10 foot setback from
Pleasure House Road and of 4 feet to a 26 foot setback from Herl Circle instead
of 30 feet each as required (proposed attached dwellings) on Lot 4, Woods of
Chesapeake, 2309 Herl Circle. Bayside Borough. ZONING: A-la
Case 29: George B. Keep requests a variance of 14 feet to a 16 foot setback from
Pleasure House Road and of 6 feet to a 24 foot setback from Herl Circle instead
of 30 feet each as required (proposed attached dwellings) on Lot 5, Woods of
Chesap'6ake, 2307 Her.1 Circle. Bayside Borough. ZONING: A-la
Case 30: George B. Kemp requests a variance of 11 feet to a 19 loot eetback from
Merl Circle and of 8 feet to a 22 loot setback from Pleasure House Drive instead
of 30 feet each as required (proposed attached dwellings) on Lot 6, Woods of
Chesapeake, 2305 Herl Circle. Bayaide Borough. ZONIHG: A-18
Cane 31- @rge B. Keep requests a varianco of 5 feet-to a 25 loot setback from
Herl Circle and of 2 feet to a 28 toot setback from Pleasure House Drive instead
of 30 feet each as required (proposed attached dwellings) on Lot 7 Woods of
Chesapeake, 2303 Merl Circle. Bayside Borough. ZONING: A-18
Case 32: George B. Kemp requests a variance of 19.5 feet to a 10.5 toot cetback
from North Greenvell Road and of Ii feet to a 19 foot setback from Herl Circle
instead of 30 feet each as required (proposed attached dwellings) on Lot S. Woods
of Chesapeake, 2301 Merl Circle. Bayside Borough. 20MINa: A-18
--PLEASE NOTET IF NO ONE APPEARS BEFORE THE BOARD TO REPRESENT THE APPLICATION,
THE VARIANCE COULD BE DENIEDIII
lames A. Wood
Secretary
VIRGINIA BEACH SUN -- WEDNESDAY, JULY 27, AND AUGUST 3, 1988
VIRGINIA BEACH BEACOH -- SUNDAY, JULY 31 AND AUGUST 7, 1988
- 41 -
Item IV-G.
CONSENT AGENDA ITF14 # 29841
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA.
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 Abstaining:
John L. Perry ABSTAINED on Items IV-G.1 & 2 as he did
not receive the information requested.
Albert W. Balko ABSTAINED on Items IV-G.5 due to a
CONFLICT OF INTEREST, having been employed by C & P
Telephone Company for thirty-five (35) years.
Council Members Absent:
None
- 42 -
Item IV-G.1
CONSENT AGENDA ITEM # 29842
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED, UPON SECOND READING:
Ordinance to ACCEPT a $2,089,000 entitlement grant
from the United States Department of Housing and
Urban Development and to APPROPRIATE $1,402,807 for
the 1988-1989 Community Development Block Grant.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry
Council Members Absent:
None
Councilman Perry ABSTAINED as he did not receive the information requested.
R m@)6
C @A@O'R t
Requested by: The Department of Housing and Community Development
AN ORDINANCE TO ACCEPT AN ENTITLEMENT GRANT
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE FUNDING FOR THE
COMMUNI@Y DEVELOPMENT FOURTEENTH PROGRAM YEAR
WHEREAS, the U.S. Department of Housing and Urban
Development (HUD) has awarded a grant of $2,089,000 for the
funding of the community Development Fourteenth Program Year, and
WHEREAS, the U.S. Department of Housing and Urban
Development has approved the Community Development Fourteenth
Program Year Budget,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funding from HUD be accepted and funds appropriated for
the following projects and purposes:
E X P E N S E S
AMOUNT
PROGRAM ALLOCATED
----------------------------------------------------
CAPITAL PROJECTS
Newsome Farm Streets & Drainage $518,000
Queen City Drainage Study $25,000
HOUSING PROGRAMS
Rehabilitation $200,000
Replacement Housing $250,000
Last Resort Loans $324,797
Code enforcement Inspections $26,125
Code enforcement Demolition $35,000
Homesharing/Home Maintenance Counseling $53,753
Housing Program implementation $201,613
OTHER
Black Heritage Activities $4,010
General Management $314,702
Section 8 Program Implementation $22,455
Rental Rehab Program Implementation $40,000
VBCDC - Program Implementation $97,545
Reserve for Salaries/Benefits/Contingency $46,000
TOTAL ESTIMATED COSTS $2,159,000
R E V E N U E S
$2,089,000 ESTIMATED 14TH YR GRANT
$70,000 ESTIMATED PROGRAM INCOME
------------------------------
$2,159,,000 TOTAL ESTIMATED REVENUES
@ t the appropriations will be financed by $2,089,000 in federal
funds frm the U. S. De t of Housing and Urban DLvelcp-t, and that
appropriations will be financed by an additional $70,000 in program inccme
g-ted by the Departnient of Housing and tY DLVel t.
Amounts appropriated above ariy 1988-1989 fiscal year
c=mity Dp-vel t Block Grant funded allocations previously authorized
in the fiscal year 1988-1989 budgl-t ordinarice ad@ by City Cm=il on May
16, 1988.
F= READING: August 1, 1988
SEODND READING: August 8, 1988
Adcpted by the council of the City of Virginia Beach, Virciinia on
the 8 day of August 1988.
PROJECT DESCRIPTIONS
A. CAPITAL IMPROVEMEMT PROJECTS
1 Newsome Farm Street and Drainage Project-
Construction; Funds are provided for the
construction of standard street and drainage
improvements. Additional funds are provided from
City of Virginia Beach general revenue sharing.
This project meets the national objective of
benefitting low and moderate income persons.
Cost: $518,000.
2. Queen City Interior Drainage Study: Funds are
provided to study the cost and feasibility of
providing interior yard drainage improvements to
eliminate existing drainage problems. This
project meets the national objective of
benefitting low and moderate income residents.
Cost: $25,000.
B. HOUSING PROGRAMS
1. Housing Rehabilitation: Funds are allocated for
approximately 23 rehabilitation projects at an
approximate cost of $8,000 per project for the
Atlantic Park, Beechwood, Gracetown, Lake smith,
Newlight, Newsome Farm, Mill Dam, Reedtown and
Seatack neighborhoods. The remaining funds will
be utilized for 7 Emergency Grants at an
approximate cost of $1,500 per grant. Emergency
Grants are available in all of the target
neighborhoods to correct serious code violations
in dwellings which present an immediate hazard to
the health, safety and welfare of the occupants.
An estimated $4,500 is allocated for legal and
professional fees in support of these projects.
This program meets the national objective of
benefitting low and moderate income persons.
Cost: $200,000. 1
2. Replacement Housinq/Relocation: Funds are
allocated for 12 replacement housing projects
(new construction) at an approximate cost of
$15,000 per project for the Atlantic Park,
Beechwood, Gracetown, Lake Smith, Newlight,
Newsome Farm, Mill Dam, Reedtown and Seatack
neighborhoods. Additional funds are allocated
for approximately 7 tenant relocation cases and
for the legal and professional fees in support of
these projects. This project meets the national
objective of benefitting low and moderate income
persons. Cost: $250,000
5
3 l,ast Resort Housing Loans; Funds are allocated
or 11 Last Resort Housing Loans to provide the
additi.onal financing required to Construct
Replacement Housing projects referenced above for
qualified residents. This program meets the
national objective of benefitting low and
moderate income persons. Cost: $324,797.
4. Code Enforcement/Demolition/Clearance: Funds are
allocated for systematic housing code entorcement
services performed by the City's Housing Code
Division and for the demolition of unsafe
buildings and clearance%, of debris in community
development target neighborhoods. $26,125 is
designated for funding of Housing Code Division
staff services in the target neighborhoods and
the remaining funds are designated for demoliti-
on/clearance projects. This project meets the
national objective of the elimination of slums
and blight. Cost: $61,125
5. Homeshar Counseling Program: Funds
are allocated for he implementation of this
program. The program provides screening and
referral services designed to assist elderly,
handicapped persons, single heads of household
and other low and moderate income persons in
sharing housing resources. In addition, funds
are allocated for home maintenance and repair
counseling, which will provide services to low
and moderate income homeowners that will give
them the ability to better maintain their homes.
These programs meet the national objective of
benefitting low and moderate income households.
Cost: $53,753
6. Housing Programs Administration: Funds are
allocated for the necessary direct staff and
implementation costs to support and deliver
housing program services. This amount does n'ot
include salaries for supervisory employees or
other indirect project costs. Cost: $201,613
7. Rental Rehabilitat ion:
Funds are allocated for the necessary clirect
staff and implementation costs for the Rental
Rehabilitation Program. Cost: $40,000
C. Other
1. Black Heritage Awareness Activities: Funds are
allocated tor cultural and recreational
6
activities surrounding the CitY's Black lleritage
Awareness Day. This date coincides with Black
History Month activities during February 1988.
Funds in the amount of $3,500 will be used to
coordinate the activities for this event. In
addition, a program to involve black students in
Black Heritage activities throughout the year is
being started. This activity meets the national
objective of benefitting low and moderate income
persons. Cost: $4,010
2. General Management and 0 Funds are
allocated for the planning, management, oversight
and indirect administrative costs of the Housing
and Community Development Program. This amount of
$314,702 is supplemented by an additional
$110,221 in City funds for the department's
administrative budget. Cost: $314,702
3. Section 8 Proqram Administration: Funds in the
amount of 22,455 are allocated for the
administrative costs of operating the Section 8
Existing and Moderate Rehabilitation Housing
Programs. This program also operates under the
auspices of the Virginia Housing Development
Authority (VHDA). Additional funds in the amount
of $88,612 for the administration of this program
are to be received from VHDA. Cost: $22,455
4. Virginia Beach Community Development Cori)oration-
(VBCDC): Funds are allocated for tEe-
administration of the VBCDC and for the
implementation costs of the Low and Moderate
Income Home Ownership Program (LMIHOP). This
program involves the construction and financing
of single family housing for low and moderate
income people in the City's CDBG target
neighborhoods. The program meets the national
objective of benefitting low and moderate income
persons. Cost: $97,545
5. Contingencies: These funds, representing
approximately 2.1% of the total expenditures,
have not been specifically designated for any
specific project or program. These funds are
primarily set aside for possible increases in the
cost of completing any of the above mentioned
projects. Cost: $46,000
7
- 4i -
Item IV-G.2
CONSENT AGENDA ITEM # 29843
pon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED, UPON SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $164,000 from
the United States Department of Housing and Urban
Development for rental rehabilitation.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reb
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry
Council Members Absent@
None
Councilman Perry ABSTAINED as he did not receive the information requested.
Requested by: Department of Housing and Community Development
AN ORDINANCE TO ACCEPT AND APPROPRIATE $164,000.00
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR RENTAL REHABILITATION
WHEREAS, the U.S. Department of Housing and urban
Development (HUD) has awarded a grant of $164,000.00 for the
funding of rental housing rehabilitation; and
WHEREAS, the City of Virginia Beach has developed a
Rental Rehabilitation Program and has structured the necessary
mechanisms for implementation in compliance with federal and
local directives; and
WHEREAS, the use of these funds for rental housing
rehabilitation will increase the supply of standard rental
housing units affordable to lower income families.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That funding in the amount of $164,000.00 from HUD be
accepted and funds appropriated to continue Rental Rehabilitation
Program activities.
FIRST READING:- August 1, 1988
SECOND READING: August 8, 1988
Adopted by tbe Council of the City of Virginia Beach,
8 August
Virginia on the day of 1988.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mai @tor CiCy Attornvy
Del ousing and
Commtinity Development
- 44 -
Item IV-G.3.
CONSENT AGENDA ITEM # 29844
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED, UPON SECOND READING:
Ordinance to APPROPRIATE $26,ooo into the Grants
Consolidated Fund for a water quality enhancement
program.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Ilenley, 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 ORDINANCE TO APPROPRIATE $26,000 IN THE GRANTS CONSOLIDATED
FUND FOR A WATER QUALITY ENHANCEMENR PROGRAM
WHEREAS, the City of Virginia Beach in its inlerest to preserve and
protect the natural resources of the City has expressed a concern to improve
water quality in the City, and
WHEREAS, it would be advantageous to evaluale the effectiveness of the
various water quality improvement meastires ULilived in Lhe area, and
WHEREAS, the Virginia Council on Lhe EnvirorimenL is offering grant
funds to develop such demonstration programs
WHEREAS, the City of Virginia has been awarded a grant of $20,000 from
the Virginia Council on the Environment which requires a $6,000 match from the
City, and
WHEREAS, there is sufficient funds within the General Fund Reserve for
Contingencies to provide the required city match.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACtf, VIRGINIA that $26,000 be appropriated into the Grants
Consolidated fund for the development of a water quality enhancement
demonsLration program, and
BE IT FURTHER ORDAINED that the estinwted revenues for the Grants
Consolidated Fund be increased by $20,000 as the amounl of the Grant from the
Virginia Council on the EnvironmenL and by $6,000 to reflect a Lransfer from the
General Fund Reserve for Contingencies, and
BE IT FURTHER ORDAINED that Lhe CiLy Manager is authorized to enter
into appropriate contractual arrangements with Lhe Virginia Council on the
Environment in support of a water quality control project.
This ordinance shall be effective from the date of its adoption.
Adopted by the City Council of the City of Virginia Beach, Virginia the
8 August
day -of , 1988.
First Reading: August 1, 1988
Second Reading: August 8, 1988
- 45 -
Item IV-G.4.
CONSENT AGENDA ITal # 29845
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED, UPON SECOND RFADING:
Ordinance to ACCEPT $1,000 from the National
Organization on Disability and to APPROPRIATE these
funds to the Mayor's Committee/Disabled Trust Fund.
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 ORDINANCE TO ACCEPT FUNDS
TOTALING $1,000 FROM THE
NATIONAL ORGANIZATION ON DISABILITY
AND TO APPROPRIATE THESE FUNDS
TO THE MAYOR'S COMMITTEE/DISABLED
TRUST FUND
WHEREAS, the Mayor's Committee For The Disabled is
responsible for developing and conducting educational programs
for helping the disabled and handicapped achieve fuller and
better lives physically, emotionally, intellectually, and
vocationally within the community, and
WHEREAS, the Mayor's Committee For The Disabled has obtained
a $1,000 donation from the National Organization On Disability
to help achieve these goals.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept this
$1,000 donation for the city, and funds are hereby appropriated
in the Mayor's Committee/Disabled Trust Fund for training,
printing, conferences and other purposes.
BE IT FURTHER ORDAINED that the appropriations will be
financed by the estimated revenue for the donation, with no local
match required.
Adopted by the Council of the City of Virginia Beach,
virginia on the - 8 day of August 1988.
First Reading: August 1, 1988
Second Reading: August 8, 1988
- 46 -
Item IV-G-5-
CONSENT AGENDA ITEM # 29846
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance appointing viewers in the petition of C &
P Telephone Company for the closure of a portion of
Cape Henry Drive (Lynnhaven Borough).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Hobert J. Scott Director of Planning
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Albert W. Balko
Council Members Absent:
None
Albert W. Balko ABSTAINED due to a CONFLICT OF INTEREST, having been employed
by C & P Telephone Company for thirty-five (35) years.
ORDINANCE APPOINTINQ VIEWERS
WHEREAS, Chesapeake & Potomac Telephone Company
of Virginia, Inc. , a Virginia Corporation, has given due and
proper notice, in accordance with the statutes for such cases
made and provided that they will on the 8th day of A st ,
1988, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the
below-described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street of variable
width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia:
That C. Oral Lambert, Jr.
Robert Scott and
David Grochmal are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia Beach,
virginia, and more particularly described as follows:
ALL of that certain parcel of land located
immediately north of the old Norfolk and
Southern Railroad right of way and immediately
west of Great Neck Road and immediately
south of lot 12 in Block 0 and immediately
east of the southerly prolongation of the
line separating the aforesaid lot 12 in
Block 0 from lot 11 in Block 0 as shown
on the amended map of "Property of Lynnhaven
Beach and Park Co. , " which map is recorded
in the office of the Clerk of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 5 at page 71, and with reference
to the abovedescribed amended map of "Property
of Lynnhaven Beach and Park Co.," being
more particularly bounded and described
as follows: Beginning at the southeast
corner of the abovedescribed lot 12 in Block
o as shown on the aforesaid amended map
of "Property of the Lynnhaven Beach and
Park Co.,'- and from said point of beginning
running thence South 05 degrees 21 minutes,
along the west right of way line of the
aforesaid Great Neck Road, a distance of
25.08 feet to a point located in the aforesaid
west right of way line of Great Neck Road
and which point is also located in the north
boundary line of the old Norfolk and Southern
Railroad right of way; thence turninq and
running south 80 degrees 05 minutes west,
along the north boundary line of the aforesaid
Norfolk and Southern Railroad right of way
a distance of 150.47 feet to a point located
in the north boundary line of the aforesaid
old Norfolk and Southern Railroad right
of way; thence turninq and running north
05 deqrees 21 minutes west a distance of
25.08 feet to a point which constitutes
the southwest corner of the aforesaid lot
12 in Block 0; thence turning and running
north 80 degrees 05 minutes east, along
the abovedescribed southern boundary line
of lot 12 in Block 0, a distance of 150.47
feet to the point and place of beginning
of this description.
All of the above, as shown upon that certain plat and physical
survey entitled '125 foot strip adjacent to Lot 12 Block O"
as shown as Holly Avenue on the amended map of property of
Lynnhaven Beach and Park Co., Map Book 3, page 71, Lynnhaven
Borough, Virginia Beach, Virginia, made by Gallup Surveyors
and Engineers Ltd., dated 8 December, 1986, which plat is
attached hereto and made a part hereof and intended to be
recorded with the ordinance closing the aforedescribed street.
Adopted: August 8, 1988
KEUFFEL ESSEII COMPANY
THIS IS TO CERTIFY THAT 1. ON 4 DECEMBER i 9 8 6 SURVEYED
THE PROPERTY SHOWN ON HIS PLAT. AND S AND THIE WALLS OF TiliE BUILD-
INGS ARE AS SHOWN ON THII AND THERE ARE NO.ENCROACH-
THE BUILDINGS STA
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GREAR N,-CK 90AD (80,Rlw)
GALLUP SURVEYORS & ENGINEERS, LTD.
A 10186 315 FIRST COLONIAL ROAD Lz 15
VIRGINIA BEACH, VIRGINIA 23454
FB, 204 P 52,53
LYLE, SIEGEL, CROSHAW & BEALE
A I @ . II. @ . I .. @ @. Al
ATTORNEYS AT LAW
@OSEPH L. LYLE. J.. ONE COLUMBUS CENTER 0-ID S. RUDIGER
L-RENCE R. SIEGE@ BETTY . MICHELSO.
GLENN R.CR05HAW POST OFFICE 6OX 6tB88 WILL[AM C. 515CHOFF
@ICH@RD C. BEALE VIRGTNIA BEACH, VA. 23462 TEVEN J. HARWOOD
.-I. N. @E.A SUSAN C. ALPER
MAR@ .. ..ITH TELEC.@IER (804) 490-2167 STEPHEN J. KECSKES
JO@ATHA@ L. A.S.. --
WA@.E G. 50.@A 7@LE. .87417 F ..U@.@L
JA.ES C. LEWIS
LE5LIE WAT.ON TELEPHONE @.04) .90-6000 OWE. B. PIC@ETT
EDWARD S. GARCIA. JR.
DI.ECT DIAL 490-53
CERTIFICATE OF VESTING TITLE
I, Glenn R. Croshaw, attorney for Chesapeake & Potomac
Telephone Company of Virginia, Inc., a virginia Corporation,
do hereby certify that:
1. I am an attorney at law and represent Chesapeake
& Potomac Telephone Company of Virqinia, Inc., the petitioner.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Karen W.
Maacks with the leasehold interest in Chesapeake & Potomac
Telephone Company of Virginia, Inc.
The said property referred to herein is hereby
described as follows:
ALL of that certain pa@cel of land located
immediately north of the old Norfolk and
Southern Railroad right of way and immediately
west of Great Neck Road and immediately
south of lot 12 in Block 0 and immediately
east of the southerly prolongation of the
line separating the aforesaid lot 12 in
Block 0 from lot 11 in Block 0 as shown
on the amended map of "Property of Lynnhaven
Beach and Park Co.," which map is recorded
in the office of the Clerk of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 5 at page 71, and with reference
to the abovedescribed amended map of "Property
of Lynnhaven Beach and Park Co.," being
more particularly bounded and described
as follows: Beginning at the southeast
corner of the abovedescribed lot 12 in Block
LYLE, SIEGEL, CROSHAW & BEALE
0 as shown on the aforesaid amended map
of "Property of the Lynnhaven Beach and
Park Co.," and from said point of beginning
running thence south 05 degrees 21 minutes,
along the west right of way line of the
aforesaid Great Neck Road, a distance of
25.08 feet to a point located in the aforesaid
west right of way line of Great Neck Road
and which point is also located in the north
boundary line of the old Norfolk and Southern
Railroad right of way; thence turning and
running south 80 degrees 05 minutes west,
along the north boundary line of the aforesaid
Norfolk and Southern Railroad right of way
a distance of 150.47 feet to a point located
in the north boundary line of the aforesaid
old Norfolk and Southern Railroad right
of way; thence turning and running north
05 degrees 21 minutes west a distance of
2 5 . 0 8feet to a point which constitutes
the southwest corner of the aforesaid lot
12 in Block 0; thence turning and running
north 80 deqrees 05 minutes east, along
the abovedescribed southern boundary line
of lot 12 in Block 0, a distance of 150.47
feet to the point and place of beginning
of this description.
All of the above, as shown upon that certain plat and physical
survey entitled "25 foot strip adjacent to Lot 12 Block O"
as shown as Holly Avenue on the amended map of property of
Lynnhaven Beach and Park Co., Map Book 3, page 71, Lynnhaven
Borough, Virginia Beach, Virginia, made by Gallup Surveyors
and Engineers Ltd., Dated 8 December, 1986.
A -
haw, Attorney for
Chesapeake & Potomac Telephone
Company of Virginia, Inc.
ORDINANCE NO.
IN THE RATTER OF THE CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS HOLLY AVENUE, AS SHOWN
UPON THAT CERTAIN PLAT ENTITLED "25
FOOT STRIP ADJACENT TO LOT 12 BLOCK O"
AS SHOWN AS HOLLY AVENUE ON THE AMENDED
MAP OF PROPERTY OF LYNNHAVEN BEACH AND PARK
CO., MAP BOOK 3, PAGE 71, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA
WHEREAS, it appearing by affidavit that proper notice
has been given by Chesapeake & Potomac Telephone Company of
Virginia, Inc., that it would make application to the Council
of the City of Virginia Beach, Virginia, on the day of
1 1988, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION 1
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
ALL that certain parcel of land located
immediately north of the old Norfolk and
Southern Railroad right of way and immediately
west of Great Neck Road and immediately
south of lot 12 in Block 0 and irnmediately
east of the southerly prolongation of the
line separating the aforesaid lot 12 in
Block 0 from lot 11 in Block 0 as shown
on the amended map of "Property of Lynnhaven
Beach and Park Co.," which map is recorded
in the Office of the Clerk of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 5 at page 71, and with reference
to the abovedescribed amended map of "Property
of Lynnhaven Beach and Park Co.," being
more particularly bounded and described
as follows: Beginning at the southeast
corner of the abovedescribed lot 12 in Block
0 as shown on the aforesaid amended map
of "Property of the Lynnhaven Beach and
Park Co.," and from said point of beginning
running thence South 05 degrees 21 minutes,
along the west right of way line of the
aforesaid Great Neck Road, a distance of
25.08 feet to a point located in the aforesaid
west right of way line of Great Neck Road
and which point is also located in the north
boundary line of the old Norfolk and Southern
Railroad right of way; thence turning and
running south 80 degrees 05 minutes west,
along the north boundary line of the aforesaid
Norfolk and Southern Railroad right of way
a distance of 150.47 feet to a point located
in the north boundary line of the aforesaid
old Norfolk and Southern Railroad right
of way; thence turning and running north
05 degrees 21 minutes west a distance of
25 . 08 feet to a point which constitutes
the southwest corner of the aforesaid lot
12 in Block 0; thence turning and running
north 80 degrees 05 east, along the
abovedescribed southern boundary line of
lot 12 in Block 0, a distance of 150.47
feet to the point and place of beginning
of this description.
All of the above, as shown upon that certain plat and physical
survey entitled 1125 foot strip adjacent to Lot 12 Block O"
as shown as Holly Avenue on the amended map of property of
Lynnhaven Beach and Park Co., Map Book 3, page 71, Lynnhaven
Borough, Virginia Beach, Virginia, which is made a part hereof
by reference.
SECTION II
A certified copy of this Ordinance shall be filed
in the office of the Circuit Court of the City of Virginia
Beach, indexed in the name of the City of Virginia Beach, as
grantor.
SECTION III
Adopted:
This ordinance shall be effective sixty (60) days from the
date of its adoption.
NOTICE
PLEASE TAKE NOTICE, that at the meetirig of the City
Council of the City of Virginia Beach, Virginia, to be held
on the 8th day of August , 1988, at 2:00 p.m. , at the City
Hall of the City of Virginia Beach, Princess Anne Station,
the undersigned will petition the Council for the appointment
of viewers to view the below-described portion of that certain
street and report to the City Council whether in the opinioi,
of the Viewers, what, if any, inconvenience would result from
the vacating, closing and discontinuance of same, the said
portion of said street being described as follows:
ALL of that certain parcel of land located
immediately north of the old Norfolk and
Southern Railroad right of way and
immediately west of Great Neck Road and
immediately south of lot 12 in Block 0
and immediately east of the southerly
prolongation of the line separating the
aforesaid lot 12 in Block 0 from lot 11
in Block 0 as shown on the amended map
of "Property of Lynnhaven Beach and Park
Co.," which map is recorded in the Office
of the Clerk of the Circuit Court of the
City of Virginia Beach, Virginia, in Map
Book 5 at page 71, and with reference to
the abovedescribed amended map of "Property
of Lynnhaven Beach and Park Co.," being
more particularly bounded and described
as follows: Beginning at the southeast
corner of the abovedescribed lot 12 in
Block 0 as shown on the aforesaid amended
map of "Property of the Lynnhaven Beach
and Park Co.," and from said point of
beginning running thence south 05 degrees
21 minutes, along the west right of way
line of the aforesaid Great Neck Road,
a distance of 25.08 feet to a point located
in the aforesaid west right of way line
of Great Neck Road and which point is also
located in the north boundary line of the
old Norfolk and Southern Railroad right
of way; thence turning and running south
80 degrees 05 minutes west, along the north
boundary line of the aforesaid Norfolk
and Southern Railroad right of way a distance
of 150.47 feet to a point located in the
north boundary line of the aforesaid old
Norf olk and Southern Railroad right of
way; thence turning and running north 05
degrees 21 minutes west a distance of 25.08
feet to a point which constitutes the
southwest corner of the aforesaid lot 12
in Block 0; thence turning and running
North 80 degrees 05 minutes east, along
the abovedescribed southern boundary line
of lot 12 in Block 0, a distance of 150.47
f eet to the point and place of beginning
of this description.
All the above, as shown upon that certain plat and
physical survey entitled "25 foot strip adjacent to Lot 12 Block
O" as shown as Holly Avenue on the amended map of property of
Lynnhaven Beach and Park Co., Map Book 3, page 71, Lynnhaven
Borough, Virginia Beach, Virginia, made by Gallup Surveyors
and Engineers Ltd., dated 8 December, 1986.
At that time, anyone affected may appear and present
his views.
After the report of the Viewers is received, at the
next regular meeting of the City Council, or as soonthereafter
as the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue that
portion of Holly Avenue in the City of Virginia Beach, virginia,
described above.
CHESAPEAKE ANDAOT, EPHONE
COMPVF
Of Counsel
Glenn R. Croshaw, Esq.
Lyle, Siegel, Croshaw & Beale, P.C.
Tenth Floor, One Columbus Center
Virginia Beach, Virginia 23462
(804) 490-6000
IN TliE MATTER OF THE CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS HOLLY DRIVE, AS SHOWN
UPON THAT CERTAIN PLAT ENTITLED "25
FOOT STRIP ADJACENT TO LOT 12 BLOCK O"
AS SHOWN AS HOLLY AVENUE ON THE AMENDED
MAP OF PROPERTY OF LYNNHAVEN BEACH AND PARK
CO., MAP BOOK 3, PAGE 71, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA,
WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Chesapeake & Potomac Telephone
Company of Virginia, Inc., respectfully represents as follows:
1. That pursuant to the provis .ions of Section
15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner
applies for the vacating, closing, and discontinuance of a
portion of that certain street, which is more specifically
described as follows:
ALL of that certain parcel of land located
immediately north of the old Norfolk and
Southern Railroad right,of way and immediately
west of Great Neck Road and immediately
south of lot 12 in Block 0 and immediately
east of the southerly prolongation of the
line separating the aforesaid lot 12 in
Block 0 from lot 11 in Block 0 as shown
on the amended map of "Property of Lynnhaven
Beach and Park Co.," which map is recorded
in the Office of the Clerk of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 5 at page 71, and with reference
to the abovedescribed amended map of "Property
of Lynnhaven Beach and Park Co.," being
more particularly bounded and described
as follows: Beginning at the southeast
corner of the abovedescribed lot 12 in Block
0 as shown on the aforesaid amended map
of "Property of the Lynnhaven Beach and
Park Co.," and from said point of beginning
running thence south 05 degrees 21 minutes,
along the west right of way line of the
aforesaid Great Neck Road, a distance of
25.08 feet to a point located in the aforesaid
west right of way line of Great Neck Road
and which point is also located in the north
boundary line of the old Norfolk and Southern
Railroad right of way; thence turning and
running south 80 degrees 05 minutes west,
along the north boundary line of the aforesaid
Norfolk and Southern Railroad right of way
a distance of 150.47 feet to a point located
in the north boundary line of the aforesaid
old Norfolk and Southern Railroad right
of way; thence turning and running north
05 degrees 21 minutes west a distance of
25 . 0 8feet to a point which constitutes
the southwest corner of the aforesaid lot
12 in Block 0; thence turning and running
north 80 degrees 05 minutes east, along
the abovedescribed southern boundary line
of lot 12 in Block 0, a distance of 150.47
feet to the point and place of beginning
of this description.
All of the above, as shown upon that certain plat and physical
survey entitled "25 foot strip adjacent to Lot 12 Block O"
as shown as Holly Avenue on the amended map of property of
Lynnhaven Beach and Park Co., Map Book 3, page 71, Lynnhaven
Borough, Virginia Beach, Virginia, made by Gallup Surveyors
and Engineers Ltd., dated 8 December, 1986, which plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance of
said street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or bef ore the 8th day of August, 1988, as to whether in
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion
of said street, as herein reported and described.
3. That on the 15th day of July 1988, and on
the 22nd day of July , 1988, 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 said portion of the platted
street are your Petitioners herein, Chesapeake and Potomac
Telephone Company of Virginia, Inc., a Virqinia corporation;
Karen W. Maacks, 570 Riola Place, Pensacola, Florida 32506;
City of Virginia Beach, Virginia; Tinee Giant Properties
Corporation, 1187 Azalea Garden Road, Norfolk, Virginia; and
Dr. & Mrs. B. J. Brockner, 2248 Ebbtide Road, Virginia Beach,
Virginia.
CHESAPEAKE AND POTOMAC TELEPHONE
COMPANY OF N
Of Couns6l
Glenn R. Croshaw, Esq.
Lyle, Siegel, Croshaw & Beale, P.C.
Tenth Floor, One Columbus Center
Virginia Beach, Virginia 23462
(804) 490-6000
State of Virginia to-@it AFFIDAVIT
City of Norfolk
This day ---IINA @YE-R personally
pppeared before me (ind after being duly sworn made oath that:
(1) (He) (She) is affidavit clerk of -
c, newspoper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, Stote of Virginia;
(2) That the advertisement hereto annexed of
hos been published in said
newspaper on the following dates:
AFFIANT
Subscribed and sworn to before me in my city and state aforesaid this
-2 6th day of I 9 8
My commission expires
20, l),.
1 9
NOTARY PUBLIC
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- 47 -
Item IV-G.6.
CONSENT AGENDA ITEM # 29847
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Dragas Homes, Inc. for the closure of a portion of
Cape Henry Drive (Lynnhaven 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 Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE APPOINTING VIEWERS
WHEREAS, Dragas Homes, inc. has given due and
proper notice in accordance with the statutes for such cases
made and provided that they will on the 8th day of August,
1988 apply to the City Council of the City of Virginia Beach,
virginia for the appointment of Viewers to view the below-
described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any,
what inconvenience would result from the discontinuance of
the hereinafter described portion of that certain street of
variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia that ROBERT J. SCOTT,
DAVID GROCHMAL and ORAL LAMBERT are hereby appointed to
view the below-described propexty and report in writing to
the Council on or before whether in their
opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia
Beach, Virginia, and more particularly described on the
attached Exhibit A and be reference thereto made a part
hereof.
Adopted: August 8, 1988
sks/dragas/ord
EXHIBIT A
Beginning at the point of intersection between the
eastern right of way of Jett Street and the
southwestern corner of Lot 11 in Block 7 as shown
on the plat entitled "Plat Of Lynnhaven Shores" on
file in the Clerk's Office of the Circuit Court of
the City of Virginia Beach in Map Book 7 at Page
167, and from said point of beginning running along
the southern boundary line of Lot 11 and the
northern right of way line of Cape Henry Drive,
formerly Holly Avenue, N. 79' 411 0011 E. a distance
of 165.65 ft. to a point, then turning in a
southerly direction S. 10' 191 0011 E. a distance of
25 ft. to a point, then turning and running in a
westerly direction S. 79' 411 0011 W. a distance of
165.65 ft. to a point, then turning in a northerly
direction N. 10' 191 0011 W. a distance of 25 ft. to
the point of beginning, as shown on that plat
entitled "Plat Showing Portion Of Cape Henry Drive
(Formerly Holly Avenue) Contiguous To Lot 11, Block
7, Plat Of Lynnhaven Shores, Lynnhaven Borough -
Virginia Beach, Virginia To Be Closed, Vacated And
Discontinued" dated June 21, 1988 and prepared by
Rouse-Sirine Associates, Ltd. and on file with the
City of Virginia Beach, Virginia.
State of Vi gi' 'a to-.it AFFIDAVIT
City .1 N.rfolk
This day UNA SAWYER
personally
pppec3red before me and ofter being duly sworn made oath thot:
(1) (He) (She) is affidavit clerk of ---VIRGINIAN PILOT & LEDGER STAR
c; newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
-Ihesopeake, Suffolk and Virginia Beach, State of Virginia;
(2) That the advertisement hereto annexed of
has been published in said
newspoper on the follo@ing dates.
19
Subscribed and sworn to before me in my city and state aforesaid this
2nd_ day of AU.G 1 9 8 8
My commission expi'res
1 9------- L
NOTARY PUBLIC
..rn I In Slck
SHUTTLEWop,TH, RULOFF, GIOPDANO 8 KAHLE, PC.
ATTOF,NEYS AND COUNSELORS AT LAW
G@ECORY A. GIOPIDANO 2809 SOUTH LYNNHAVEN ROAD TELEPHONE
P,OBEP,T J. HADDAD (804) 431- 3100
JEFFREY B HAM@KEP, VIRGINLA BEACH, VIRGINLA 23452 TELECOPIER
DOLJC;LAS E. KAHLE (804) 431-3105
@Y KEATINC
ROBERT C. MORECOCK DIRECT DIAL NUMBER
R. J. N UTTER, El 3 137
ROBERT M. PFE[FER 431-
ROBERT E. RULOFF
A. BON\VILL SHOCKLEY June 29, 1988
THOMA5 B. 5HUTTLEWOPTH
CERTIFICATE OF VESTING 0
1. I am an attorney at law and represent the
application, Dragas Homes, Inc.
2. That the records on file in the Clerk's Office of
the Circuit Court of the City of Virginia Beach indicate that if
and when a portion of Cape Henry Drive, formerly Holly Avenue, is
closed title will vest in Cobo Corporation, a virginia
Corporation. Dragas Homes, Inc. has a contract to purchase the
property from Cobo Corporation.
RJN/sks
sks/dragas/cert
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH KNOWN
AS CAPE HENRY DRIVE (FORMERLY HOLLY
AVENUE) AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "PLAT SHOWING PORTION OF CAPE
HENRY DRIVE (FORMERLY HOLLY AVENUE)
CONTIGUOUS TO LOT 11, BLOCK 7, PLAT OF
LYNNHAVEN SHORES, LYNNHAVEN BOROUGH -
VIRGINIA BEACH, VIRGINIA TO BE CLOSED,
VACATED AND DISCONTINUED".
WHEREAS, it appearing by Affidavit that proper
notice has been given by Dragas Homes, Inc. that it would
make application to the Council of the City of Virginia Beach
on August 8, 1988 to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the Judgment of the Council that
said street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
virginia Beach, Virginia that the hereinafter described
street be discontinued, closed and vacated and more
particularly described on the attached Exhibit A and be
reference thereto made a part hereof.
Said parcel of land containing .095 acres is shown
on that certain plat entitled "Plat Showing Portion Of Cape
Henry Drive (Formerly Holly Avenue) Contiguous to Lot 11,
Block 7, Plat Of Lynnhaven Shores, Lynnhaven Borough -
Virginia Beach, Virginia To Be Closed, Vacated And
Discontinued", dated June 21, 1988 and prepared by Rouse-
Sirine Associates, Ltd.
SECTION ii
A certified copy of this ordinance shall be
recorded in the Clerk's office of the City of Virginia Beach,
virginia indexed in the name of the City of Virginia Beach.
SECTION iii
This ordinance shall be in effect sixty (60) days
from the date of its adoption.
Adopted by the Council of the City of Virginia
Beach, virginia on the day of 1988.
sks/dragas/ord.clos
2
.F @91-.
PROPERTY LINE INFORMATION SHOWN HEREON IS BASED ON PLATS OF RECORD AND IS SUBJECT
TC) FIELQ VERIFICATION.
AREA OF STREET TO BE VACATED 4141 SQ. FT = 0.095 ACRE.
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JETT (6d R/W) STREET
PLAT SHOWING
PORTION OF CAPE HENRY DRIVE (FORMERLY HOLLY AVENUE)
CONTIGUOUS TOLOT 11, BLOCK 7, PLAT OF LYNNHAVEN SHORES
LYNNHAVEN BOROUGH -VIRGINIA BEACH, VIRGINIA (M.11. 7, P 167)
TO BE CLOSED, VACATED AND DISCONTINUED
SCALE: I " = 20' JUNE 21, 1988
F?OUSE - S/F?/NE ASSOc/.4TES, L-TD.
SURVEYORS AND ENGINEERS
VIF?GINIA BEACH VIRGINIA
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH KNOWN
AS CAPE HENRY DRIVE, FORMERLY HOLLY
AVENUE, AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "PLAT SHOWING A PORTION OF
CAPE HENRY DRIVE (FORMERLY HOLLY
AVENUE) CONTIGUOUS TO LOT 11, BLOCK 7,
PLAT OF LYNNHAVEN SHORES, LYNNHAVEN
BOROUGH - VIRGINIA BEACH, VIRGINIA TO
BE CLOSED, VACATED AND DISCONTINUED"T
WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioners, Dragas HomeB, Inc., respectfully
represent as follows:
1. That pursuant to the provisions of Section
15.1-364 of the 1950 Code of Virginia, as amended, the
petitioner applies for the vacating, closing, and
discontinuance of a portion of that certain street, which is
more specifically described on the attached Exhibit A and by
reference thereto, made a part hereof.
aid portion of land containing .095 acres as
s
indicated on that certain plat entitled "Plat Showing Portion
Of Cape Henry Drive (Formerly Holly Avenue) Contiguous To Lot
11, Block 7, Plat Of Lynnhaven Shores, Lynnhaven Borough
Virginia Beach, Virginia To Be closed, Vacated And
Discontinued", which plat is attached hereto and made a part
hereof and is intended to be recorded with the ordinance
closing the aforedescribed street.
2. That no inconvenience will result to any
persons by reason of said closing, vacation, and
discontinuance of said street; and the petitioner prays that
this Honorable council appoint viewers as provided by law to
view said platted street proposed to be closed and to report
in writing to the Council on or before the day of
1988, as to whether in the opinion of said
Viewers what inconvenience, if any, would result from the
discontinuance and closing of this portion of said street, as
herein reported and described.
3. That on the and days of
July, 1988, Notice of presenting this Application was
published in accordance with Section 15.1-364 by having
appeared in a newspaper of general circulation at least twice
with at least six days lapsing between the first and second
notice.
4. Petitioners are the equitable fee simple owners
of the land affected by this application.
INC.,
R.J- Nutter, II, Esquire
Shuttleworth, Ruloff, Giordano
and Kahle, P.C.
2809 S. Lynnhaven Road, Suite 230
Virginia Beach, Virginia 23452
(804) 431-3100
sks/dragas/pet
2
NOTICE
PLEASE TAKE NOTICE that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held
on the 8th day of August, 1988 at 2:00 p.m., the undersigned
will Petition the council for the appointment of Viewers to
view the below-described portion of that certain street and
ii report to the City Council whether in the opinion of the
Viewers, what, if any, inconvenience would result from the
closing and discontinuance of same, the said portion of said
street being described as follows:
Beginning at the point of intersection between the
eastern right of way of Jett Street and the
southwestern corner of Lot 11 in Block 7 as shown
on the plat entitled "Plat Of Lynnhaven Shores" on
file in the Clerk's Office of the Circuit Court of
the City of Virginia Beach in Map Book 7 at Page
167, and from said point of beginning running along
the southern boundary line of Lot 11 and the
northern right of way line of Cape Henry Drive,
formerly Holly Avenue, N. 79' 411 0011 E. a distance
of 165.65 ft. to a point, then turning in a
southerly direction S. 10' 191 0011 E. a distance of
25 ft. to a point, then turning and running in a
westerly direction S. 79. 411 0011 W. a distance of
165.65 ft. to a point, then turning in a northerly
direction N. 10' 191 0011 W. a distance of 25 ft. to
the point of beginning, as shown on that plat
entitled "Plat Showing Portion Of Cape Henry Drive
(Formerly Holly Avenue) Contiguous To Lot 11, Block
7, Plat Of Lynnhaven Shores, Lynnhaven Borough -
Virginia Beach, virginia To Be Closed, Vacated And
Discontinued" dated June 21, 1988 and prepared by
Rouse-Sirine Associates, Ltd. and on file with the
city of Virginia Beach, Virginia.
R.J. Nutter, II, Esquire
Shuttleworth, Ruloff, Giordano
and Kahle
2809 S. Lynnhaven Road, Suite 230
virginia Beach, Virginia 23452
(804) 431-3100
sks/dragas/not.aff
DRAGAS HOMES, INC.
Closure of Cape Henry Drive
Lynnhaven Borough
- 48 -
Item IV-H.l.
NEW BUSINESS ITEM # 29848
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council SCHEDULED PUBLIC HEARINGS for REFERENDUM BONDS for the Water Resource
Project:
PUBLIC HEARING, FIRST READING August 29, 1988
SECOND RFADING September 6, 1988
(This matter will also be placed on City Council's
Agenda of August 22, 1988 to enable additional
input from the public prior to the formal PUBLIC
HEARING.)
The City Manager was authorized to advertise the
PUBLIC HEARINGS on August 14 and 21, 1988.
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
- 49 -
Item IV-J.1.
ADJOURNMENT ITEM # 29849
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 5:38 P.M-
Beverly 6. Hooks
Chief Deputy City Clerk
R@th HodgA Smith, CMC @le-lerade- Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia