HomeMy WebLinkAboutJANUARY 4, 1988"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. JONES, At Large
VICE MAYOR MEYERA E. OBERNDORF, At Inrge
ALBERT W. BALKO, Lynnhaven Bo.wgh
JOHN A. BAUM, Bl-kwater Bo.o.gh
ROBERT E. FENTRESS, Vbglnia Beach B-ugh
HAROLn HEISCHOBER, At Iage
BARBARA M. HENLEY, Pungo Borough
REBA S. McCLANAN, Pri?us Anne Borough
JOHN D. MOSS, Kemprville Borough
NANCY K PARICPR, At Large
JOHN L. PERRY, Bayslde Borough
AUBREY V. WA'ITS, fR, Ciry Muwgn
J. DAIE BIM30N. Ciry Auwruy
RUTH HODGFS SNiTH, CMC/AAE, Ciry CImV
CITY COUNCIL AGENDA
January 4, 1988
ITIIM I. CITY MANAGII2'S BRIEFING
A. INDIAN RIVER ROAD/MSHP
Mr. lbnald Trueblood, City Engineer
ITEM II. COUNCIL CONFERENCE SESSION
A. CITY COUNCIL CONCERNS
ITEM III. Il+1F0I4RAL SESSION
A. CALL TO ORDER - Mayor Robert G. Jones
B. IdOIS, CAI,L OF COUNCIL
C. RE7CESS TO EXECUfIVE SESSION
ITFM IV. EiDRMAL SESSION
- Conference Iaoan - 12:15 PM
- Conference Room - 12:30 PM
- Conference Iman - 1:00 PM
- Cowicil Chamber - 2:00 PM
A. INWCATION: Reverend Warren Skinner
Diamond Springs Baptist Church
B. PLEDGE OF ALLEGIAP7CE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ImLL CALL OF CITY COUNCIL
D. ADOPTION OF ITFINS FOR THE FOFMAL AGENDA
281 CITY HALL BUfLDING
MUNICIPAL CENTER
VIRGINIA HEACH, VIRGWIA 13456-9002
(804) 427-4303
E. NIINfTfES
1. INFORMAL & FORMAL SESSIONS - DecEnnber 21, 1987
F. PI2ESEbTI'ATION:
1. HDV Impact Analysis - Norfolk/Virginia Heach FScpressway
Southeastern Vin3inia Planning District Catmiission
G. PUBLIC HEARING
1. Proposed Pmendment to the Charter of the City of Virginia Beach
pertainirig to imposing certain assessments and fees to fund the
construction, etc. of Judicial and Correctional Facilities.
2. Proposed Pmencknent to the Charter of the City of Virginia Beach
pertaining to imposing a tax (not to excced 18) on the transfer of
real estate upon approval by referendun.
H. POBLIC AEARING
1. PI,APINING
a. Petition of Pace Construction Corporation for the
discontinuance, closure and abandoranent of a portion of Back
Acres I3oad beginning at the intersection of Back Acres FdDad and
Wayman Lane and running in a Southerly direction a distance of
523 feet more or less, variable in width fran 30 f_eet to 47.4
feet, containing 15,147.502 square feet (Lynnhaven Borough).
DEFERRED 180 days for ccmpliance September 14, 1987
Recarnnendation: FINAL APPROVAL
b. Application of E.S.G., Inc. for a Change of Zoning fran AG-2
Pgricultural District to A-2 Apartrnent District on the North
side of Clalver Lane, 363 feet East of General Booth IIoulevaxd,
containirig 5 acres (Princess Anne &orough).
Recrncnendation: ALLOW WI'IHDRAWAL
c. Application of T.S.G. Corporation for a Change of Zonirig fran
R-8 Itesidential District to H-1 Hotel District on the East side
of General Booth F3oulevarc7, 670 feet more or less North of
Prosperity Finad, containinc7 1.41 acres (Princess Anne Borough).
Reccmnendation: ALIAW WITHDRAWAL
d. Application of J. L. Caffrey for a Variance to Section 4.4(d)
of the Subdivision Ordinance, which reguires all lots created
by subdivision to have direct access to a public street, on
property located at the Northeast corner of 15th Street and
Baltic Avenue, containing 14,000 square feet (0.32 acres)
(Virginia Beach Borough).
REFERRED BACK to PlanniM Carnnission August 24, 1987
Recamendation: ALLpW WITADRAWAL
e. RE(ONSIDERATION of the Conditions in the application of Ja¢nes
Lee & Carol J. Pappas f.or aConditional Use Peimit for an
autanobile body and paint shop, 1325 Vinginia Beach Boul.evand-,
(Lynnhaven Borotxjh).
APPROVED by City Council August 8, 1983
Reccmendation: APPROVAL
f. Application of Texaco Idefining and llarketing, Inc. for a
Conditional Use Peisnit for a service station in conj unction
with a convenience store and a car wash at the Southeast corner
of Holland Ibad and Shipps Corner Rpad, containing 39,640
square feet, (Princess Anne Aorough).
Reccmendation: APPROVAL
g. Application of John G. and Mary Williams for a Change of Zonirg
fran R-5 Residential District to B-2 Ccmnunity-Business
District, containing 34.3 acres, (Bayside Borough);
Parcel 1: Pbrthwest intersection of Diamond Springs Road and
We,sleyan Ihive,
Parcel 2: Southwest intersection of Diamond Springs 13oad and
4bsleyan Drive,
AND,
Parcel 3: Southeast intersection of Diamond Springs Idoad and
Flaygood 13:)ad.
Reccmendation: ALLpW WITfIDRAWFIL: Parcels 1 and 2
Reccmendation: APPROVAL: Parcel 3
I.
l. Fesolution requesting the General Assembly to AMEND Section 2.02 of
the Charter of the City of Virginia Beach by ernpowering the City to
impose certain assessments and fees to fimd the construction, etc.
of Judicial and Correctional Facilities.
2. Fesolution requesting the General Assembly to AMEND the (harter of
the City of Vinginia Beach to empower the City to impose a tax on
the transfer of real estate upon approval by referendun.
J. CODISF,NI' AGENIIA
All matters listed under the Consent Pgenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the foxm listed. If any item is renoved frcen the Consent
Pgenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and RD()RIaAIN Section 6-13 of the Crode of the
City of Virginia Beach pertaining to renqvi[g sa[d frcm beaches,
etc.
2. Ordinance to AMEND and RBORI]AIN Sections 21-12, 21-241, 21-248,
21-294, 21-317, 21-319, 21-320, 21-363, 21-367, 21-373, 21-374 and
21-400 of the Code of the City of Virginia Beach pertaining to
motor vehicle and traffic code.
3. ordinance to AMIIND and REORDAIN Section 23-33 of the Code of the
City of Vi-rginia Beach pertaining to scalping tickets at public
events.
4. ordinance declaring certain EXCESS PRDPERTY located on Wbod Beach
Iandirg arxl authorizing the City Manager to dispose of sane.
5. Ordinance to autYb rize acquisition of property in fee sunple for
right-of-way f.or Baxter Ibad Project and the acquisition of
temporary and pezmanent easernents of right-of-way, either by
agreernent or condennation.
6. ordinance to authorize acquisition of property in fee simple for
right-of-way for Iirriependence Boulevani Phase III Project fran
Jeanne Street to Holland Road and the acquisition of temporary and
pennanent easenents of right-of-way, either by agreanent or by
condaanation.
7. R-quest of Ashmore I7rive residents for sanitary sewer service upon
verification of Slo participation.
8. RAFET.E PERMITS:
Knights of ColLmibus
Virginia Seach General Hospital Auxiliary
9. ordinance authorizing license refurrls in the anount of $5,377.47.
K. APPOIN1MINtS:
FRANCIS IAND HODSE HOARD OF OOVERNORS
TIDEiIMTII2 DE?'TENrION HCME
L. UNFINISHED BUSINESS
M. NEW BDSIb7FSS
N. AUTOURDI+lET7T
-9-
Item III-E.2.
MINUTES
ITEM # 28639
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
APPROVED of the INFORMAL & FORMAL SESSIONS of January L„ 1988, AS AMENDED:
Councilman Fentress referenced ITEM # 28612, page 27:
Resolution requesting the General Assembly to AMEND
the Charter of the City of Virginia Beach to
empower the City to impose a tax on the transfer of
real estate upon approval by referendum.
Councilman Fentress requested page 2 of a PROPOSED AMENDMENT TO THE CITY
CHARTER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING TO SECTION 2.02
SUBSECTION (g) PERTAINING TO ADDITIONAL POWERS be further AMENDED.
On Line 49 Subsection 2, after the words "thereunder to the treasury of the
City of Virginia Beach..", the Vrords "to be placed in the transportation fund
for the specific purpose of this amendment." shall be ADDED.
A copy of the aforementioned AMENDED Resolution is hereby made a part of the
proceedings.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, I9ayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, IQancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
.Tone
.7amiarv 11. 1oRR
1 A RESOLUTION REQUESTING THE GENERAL
2 ASSEMBLY TO AMEND THE CHARTER OF
3 THE CITY OF VIRGINIA BEACH TO
4 EMPOWER THE CITY TO IMPOSE A TAX ON
5 THE TRANSFER OF REAL ESTATE UPON
6 APPROVAL BY REFERENDUM
7
8
9 WHEREAS, on January 4, 1988, in accordance with Section
10 15.1-935 of the Code of Virginia, as amended, the City Council of
11 the City of Virginia Beach held a public hearing concerning a
12 proposed amendment to the City Charter pertaining to the
13 imposition of a tax on the transfer of real estate for a
14 specified period of time upon approval by referendum; and
15 WHEREAS, after due consideration, it is the sense of
16 the City Council that the proposed charter amendment should be
17 enacted;
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
20 THE CITY OF VIRGINIA BEACH, VIRGINIA, that the General Assembly
21 is hereby requested to amend Section 2.02 of the Charter of the
22 City of Virginia Beach by enacting the amendment hereto attached
23 for financing on a cash basis new construction and
24 reconstruction of roads, highways, and bridges;
25 And the City Clerk is hereby directed to forward a
26 copy of the Resolution to each member of the General Assembly
27 representing the City of Virginia Beach.
28
29
30 Adopted by the Council of the City of Virginia Beach
31 this 4th day of January, 1988.
32 LLL/lmt
33 12/28/87
34 O1/04/88
35 CA-02539
36 TAX.LLL
1 A PROPOSED AMENDMENT TO THE CITY CHARTER OE
2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
3 ADDING TO SECTION 2.02 SUBSECTION (g)
4 PERTAINING TO ADDITIONAL POWERS.
5
6
7 Section 2.02. Additional powers.
8
9(g) Imposition of tax on the transfer of real estate for a
10 specified period of time upon approval by referendum for
11 financina on a cash basis new construction and
12 reconstruction of roads, highwavs, and bridges. If approved
13 bv the maioritv of the qualified voters voting in an
14 election conducted as provided in section 24.1-165 of the
15 Code of Virginia, the City Council of the City of Virginia
16 Beach shall have the authority to impose by ordinance:
17
18 (1) A tax on each deed admitted to record, except a deed
19 exempt from taxation by law, by which lands, tenements
20 or other realty sold is granted, assigned, or
21 transferred, or otherwise conve yed to, or vested in the
22 purchaser, or any other person, bY such purchaser's
23 direction. The rate of the tax, when the
24 consideration or value of the interest exceeds one
25 hundred dollars ($100.00) shall not exceed one percent
26 (lo) of the consideration of the deed or the actual
27 value of the propertv conveYed whichever is greater.
28
29 Such ordinance may further provide that the tax
30 authorized by these provisions shall be paid by the
31 purchaser or any person to whom real property is being
32 transferred by any deed, instrument or writing subject
33 to state recordation and grantors taxes imposed by
34 Chapter 8 of Title 58.1 of the Code of Virginia.
35
36 Such ordinance may further p rovide that no such deed,
37 instrument or other writing shall be admitted to
38 record until the tax authorized bY these provisions has
39 been p aid to the clerk.
40
41 The tax imposed under authority of this section shall
42 be computed onlv with respect to property located in
43 this city.
44
45 (2) Taxes imposed bv such ordinance shall be collected as
46 provided in section 58.1-812 of the Code of Virginia
47 and the ordinance shall reauire the clerk to return all
48 taxes collected thereunder to the treasury of the City
49 of Virqinia Beach to be placed in the transportation
50 fund for the specific purpose of this amendment.
51
52 Such ordinance shall also p rovide for reasonable
53 compensation for the clerk of court collecting such
54 taxes thereunder.
55
56 In the event a majority of the qualified voters voting
57 fail to approve the authority for such ordinance, no
58 subsequent election proposing said ordinance may be
59 held within a five (5) year period.
60
61 LLL/lmt
62 12/18/87
63 O1/04/88
64 -01/12/88
65 CA-02539
66 charter.pro
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January !,, 1988
The CITY MANAGER'S BRIEFING of the INDIAN RI1/EH ROAD/MSHP of the VIRGINIA
BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the
Conference Room, City Ha11 Buildin;, on P?onday, January Q, 1988, at 12:15 P.M.
Council Menbers Present:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
John A. Baum (ENTERED: 12:30 P.M.)
- 2 -
CITY MANAGER'S BRIEFING
INDIAN RIVER ROAD
MASTER STREET AND HIGHWAY PLAN
ITEM # 28584
The City Manager introduced City Engineer ponald Trueblood, who presented
information relative the three (3) ALTFRNATIVES for the ultimate
transportation plan o£ Indian River Road, Ferrell Parkway and Indian Lakes
Boulevard Corridor.
On September 21, 1987, the a£orementioned three (3) Alternatives were presented
to City Council (Indian River Road Phase IV CZP 2-065, Ferrell Parkway Phase IC
CIP 2-063). Tvro of those alternatives (Alternatives 1 and 2) involved four (4)
lanes divided on Indian River Road. Alternative 3 had been dropped previously.
Alternative 4 involved a three-lane section of Indiar. Hiver Road. After
considerable discussion at the INFORMAL SESSION, it was the CONSENSUS of the
City Council to have four (4) lanes undivided on Indian River Road between
Ferrell Parkway and Indian Lakes Boulevard and four (Q) lanes divided at Indian
River Road irom Indian Lakes Boulevard on easterly to Lynnhaven Parkway with
the next section there right-of-way for an ultimate six (6) 1ane.
In the FORMAL SESSION, the City Nlanager articulated the MOTION in rrhich he
attempted to relate the INFORMAL SESSION discussion. Shortly therea£ter, the
Mayor requested a MOTIOAI and Vice P•4ayor Oberndor£ stated so MOVED.
Therefore, the MINUTES of September 21, 1987 should be CORRECTED. The City's
Consultant has been directed to desi;n Indian River Road Phase IV CIP 2-065,
Ferrell Parkway Phase IC CIP 2-063 exactly as reiterated by City Engineer
Trueblood.
.Tnniiarv /_ 1QftR
-3-
ITEM ,',` 28585
The COIINCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COIINCIL was called
to order by 6layor Robert G. Jones in the Con''erence Room, City Hall Building,
on '14onday, January !,, 1988, at 12:25 P.M.
Council Mecnbers Present:
Albert W. Balko, Robert E. Fentress, Harold
:Ieischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan' John D. Moss, Vice Mayor Meyera E.
Oberndor., Nancy K. Parker and John L. Perry
Council Members Absent:
John A. Baum
(ENTERED: 12:30 P.M.)
January 4> 1988
C O N C E R N S R N S 0 F T H E M A Y 0 R
ITEM # 28586
hiayor Jones distributed a REPORT ON ACCOMPLI$HIMENTS OF CITY COIINCIL in 1987•
(Said report is hereby made a part of the record). In January 1987, City
Council formulated a list o£ concerns to provide a tentative agenda for tasks
£acing City Council for the year. The summary indicated City Council had made
progress on all areas identified.
Mayor Jones requested a WORKSHOP later in the raonth to formulate a list of
tasks constituting the major priorities of issues before the City Council.
ITEA1 # 28587
i,4ayor Jones reierenced under NEW BUSINESS of the City Council Agenda, the
decisions to CANCEL or RESCHEDIILE tne Formal Sessions of Virginia Beach City
Council on January 18, 19$$ (LEE/JACKSON/KIP1G DAY) and February 15, 1988
(GEORGE WASHINGTON'S BIRTfIDAY).
C I T Y I T Y C O U N C I L C 0 N C E R I1 S
ITEM ?'/` 28588
Councilwonan Henl.ey distributed a letter relative concerns of herself and
Councilwoman Parker. (Said letter is hereby made a part o£ the record).
The Planning Items seem to demand so much of City Council's tir.ie during the
Session. At the Idational i,eague of Cities in Alexanclria, last September there
o.*as discussion by a Council Member and the City i5anap,er of Charlotte, Pdorth
Carolina, relative scYieduling oi planning issues. In Charlotte, one entire City
Council P4eeting each month is devoted to Planning Items. Dio other business is
on their sgenda.
Councilwomen Henley and Parker su.ogested the third Monday of each month be
uesignated entirely for PLANNING ITKtS vrith a six-month trial period to
corimence in Februaiy. The Formal Session should begin at 2:00 P.M. scheduling
the least controversial items for the £irst part oi the meetin.z. A super break
froru 5:00 P.M. to 6:00 P.M. City Council would RECONVENE at 6:00 P.M. vrith the
nore controversial items. Except for Executive Session fror,i 1:00 P.M. until
2:00 Y.M., no other business should come before City Council that day.
There are nany advantages to this roroposal. Same would allow the sta£f to
allocate better use of their tir.ne. ,Ressrs Scott, Herzke and Trueblood vrould no
longer have to attend City Council ilieetis7gs every week.
This proposal would require an ar.nendment to the Cit?r Code.
Councilman Heischober suggested starting even ea.rlier in the day.
Council.^,!an Moss advised tne Planning Commission does not foster the open
dialogue between citizens as the City Council does and he expected a very
lengthy session until the "tiaee" hours of the morning.
Consideration of this proposa.l will be SCHEDULED for the City Council i5eeting
of January 11, 1987•
ITEi1 u28589
Councilwoman Henley distributed a letter frorn Vice ifayor Oberndorf and herself
referencing the issue of RECYCLING. (Copy o° same is hereby inade a part of the
record).
Counciltiroman Henley advise@ of the article relative same in the AMERICAII CITIES
AND COUNTIES. Vice Nayor Oberndorf •and Councilvronan Henley requested the City
Staif to review sone of the innovations novr being used by various
municipalities nationwide in areas of recycling to deternine if there may be
programs adaptable to Virginia Beach tiahich vtould address various issues, only
one of which is solid Laaste disoosal. Some states are going to completely
nandatory recycling. Leaf burning continues to create problems in air qualitg,
Vice Mayor Oberndori advised tne NATIONAL LEAGUES OF CITIES ha.d been diligently
worki_ng irom two prospectives. Congressmaa Florio of iv'ew Jersey is obviously
acutely impacted by the I.ack of space to bur;,r garbage as mell as the air
quality problen of burning same. The Congressman is investiga.ting mandati-ng
through the Federal Government legislation not only on hazzrdous a.sh concerns
£or burial, but a.lso recycling. The State of Rhode Island 'nas had to go to
mandatory recycling. The NATIONAL GOVERIIOR'S CONFERENCE is having a. two-day
meeting in 4Jashington this week. Vice tRayor Oberndor£ will be z.ddressine then
on the Management of Aiunicipal Waste. The Chairman of the Ehvironmental
Commission for the State of Oregon and the EPA Assistant Director iai_ll also
speak.
Sannara L_ 1ARR
- b -
C I T Y C O U N C I L C O N C E R N S
ITEM # 28589 (Continued)
Councilwoman McClan.an advised the CLEAIi COMMUNITY COM"4ISSION had laid the
foundation to have all the glass, magazines, newspapers, et cetera.
handled vrit hin the City.
ITEI<i # 28590
Vice iNayor Oberndor£ further referenced an article fron the Liberty' Texas,
iQewspaper citing MOUNT TRASAMORE as consinered to be the ultimate
accouplishment in landfill. Vice M4yor Oberndorf requested a nore current
photograph oF P?ount 1'rashnore be d.istributed throughout the Country.
ITEM ?,` 28591
Councilman Perry referenced Christmas Trees to be utilized for the State Park
Project at the Beach. The City Ma,iager advi_sed this was a voluntary action by
citizens.
As per request of Counciltnan Perry, the City i+ianger advised. he tiooulc make sure
announcements regarding same be provided to the Public.
ITEM 11" 28592
Councilnan Balko advised the COMMEt40RATIVE SESSION o-P VIRGITdIA BEACH CITY
COUNCIL in Courtroon 6 on January 1, 1988, was a most i;npressive occasion.
ITEM r` 28593
Councilman A1oss referenced the article re_lative "ECONOMIC OUTLOOK" in Virgiilia
Business relative political forecasters. Counci]_man ;Sose suggested receiving
comments from Virginia Power relative their foreca.st for the City o£ Virginia
Beach as they have an econocnic nodel. Perhaps the local business comnunity
forecasters could be cross-referenced with tlie City's forecast £or a
correlation.
IT?:l?1 ,',' 28594
Councilinan Fentress advisect o£ the very positive press rslative the increase in
tourisn by 'uhe l9ashiz7gton Post, the Daily Press, Kingsport Times, Richaond News
Leader, tlie Richmond Times Dispatch, :lartinsville Bulletin, as well as seve-ral
others. :4ayor Joaes advised THE BEACON reiteratcd an article concerning the
strength of the City's convention business.
r-..,..,, i I oav
-7 -
ITEM # 28595
Mafor Robert G. Jones entertained amotion to permit City Council to conduct
its E%ECUTIVE SESSION, pursuant to Section 2.1-344r Code of Virginia,
as ametided, for the £ollocaing purposes:
1. PMSONtIEL MATTIItS: Discussion or consideration of employment, assignment'
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discuseion or consid_eration of the conditionD
acquisition or use of real property for public purpose, or of the
disposition oi publicly held property, or of plaxis for the future of an
institution taPiich could effect tkie value of property oxrned or desirable
for ownership by such institution.
3• LEGAL h1ATTIItS: Consultation with legal counsel or briefings by staf£
members, consultants or attorneys, pertaining to actual or potential
litig2tion, or other legal matters within the jurisdiction of the public
body. Specific itens of business on the Citv Coui7cil agenda that may be
discussed in Executive Session are the following: I.I.
Upon motion by Councilman Perry, seconded by Councilman Balko, City
Couxicil voted to proceed into EXSCUTIVE SESSION.
Voting: 11-0
Council 'rlembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, :tayor ?3obert G.
Jones, Reba S. t4cClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Ptancy K. Parser and Sohn L.
Yerry
Council Members Voting iQay:
Idone
Council Members Absent:
idone
.Tanuarv G. "IQftR
- $ -
F 0 R M A L S E S S I 0 N
VIRGI;dIA BEACH CITY COUNCIL
January Q, 1988
2:20 P.M.
Niayor ?tobert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council ChamUers, City Hall Building, on Monday, January 4,
1988, at 2:20 P.M.
Council A9embers Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Aeischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Afayor
P-Seyera E. Oberndor£, Nancy K. Parker and John L.
Perry
Council Members Absent:
Ilone
INVOCATION: Councilman Robert E. Fentress
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Januarv G. 1988
-9-
ADOPTION OF ITII4S
Iteuz IV-D.1. ITEP1 yt 28590
Councilwoman McClanan referenced the application of Texaco Refining and
Marketing, Inc. for a Conditional Use Permit for a service station in
coniunction with 2. convenience store and a car iaash at tl7e Southeast corner
o£ Holland Road anc3 Shipps Corner Road, coni;aining 39,640 square feet,
(Princess Anne Borough). (See Ite;a IV-F?.f of the PLaldidI°dG AGENDA).
This iten irill be h10VED FORWARD to ti7e front of the PLAN1QITdG AGE:1D9 and
SCHEDIILED for DEFERRAL until the City Council bleeting o£ January 25, 1988•
Item IV-D.2. I^1EI+I ¢,E 28597
Councilnen Baum and Moss re£erenced an Ordinance to AMIIdD and REORDAIN
Secti_ons 21-12, 21-2419 21-248, 21-294, 21-317, 21-319, 21-320, 21-363, 21-
367, 21-373, 21-374 and 21-400 of the Code of the City of Virginia Beach
pertaining to motor vehicle and traffic code. (See Item IV-J.2 of the CONSEIdT
AGE.IDA).
This item iaill be pulled for discussion.
Item IV-D.3 • IiF'M # 28598
Vice Mayor Oberndorf re£erenced an Ord.inance to AMEND aad REORDAIN Section
6-13 0£ the Code of the City of Virginia Beach pertainin; to removing sand
from beaches, etc. (See Item IV-J.1 of the CONSENT nGLiID1).
Vice ?Iayor Oberndorx" was assured this Orclinance is an ef£ort to protect the
primary sand dunes and the Environ;uental Co-ordinator, Jacit 4lhitney, is aware
of the Ordinance aad has reviewed same.
BY CONSEIJ5US, iaith the exception oi Councilwoman McClanan's VERBAL NAY Vote,
City Couacil ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at eaci! City Council Meeting, her vote on
this particular item be x•ecorded as a VFI3BAL NAY.
Sp,nila.rv L_ 19RR
- 10 -
Item IV-E.1
MINUTES
ITEM # 28599
Upon motion by Councilnan Fentress, seconded by Councilman Balko, City
Council APPROVED the MINUTES oi the INFORMAL & FORMAL SESSIONS o£ Decenber
21, 1987.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, P+iayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, :Qancy K. Parker and John L.
Perry
Council hlembers Absent:
Pdone
Januarv 4. 1988
- 11 -
Itein IV-F.1.
PRESEPITATION
IT,+?.T4 ,`r` 28600
Arthur L. Collins, Fxecutive Director and Dwight L. sarruer, Chief
Transportation Ena,ineer9 of the SOUTHEASTERN VIRGINIA PLANIJING DISTRICT
COMMISSION presented the HOV IMPACT ANALYSIS (NORFOLK-VIRGINIA BEACH
EXPRESSWAY).
°ecently there has been considerable discussion concerning the HOV 3+ program
along the Nor£olk-Virginia B,;ach Expressvray. Many suggestions and
2lternative plaas have been propose3 with the intent to improve overall
travel speeds and effectively utilize exisiti.n,; capacity. In order to
provide decision makers with as tnuch information as possible concerning these
programs, the Planning District Commission staff has provided a. summary of
the operating characteristics of the current HOV 3+ program, a projection of
£uture conditions; an evaluation of the impacts of eliriinating the HOV 3+
program; and the impacts of an HOV 2+ program. ihe stu3y cor?ipares current
travel tiunes of eack: and project conditions to Jurie 1989.
The amount o£ traffic i.1 Virginia Beach is increasing at five times the rate
of population increase. The number of people per vehicle during the
comruuting houx•s is down 1l,io from the previous year and 'nas been going down
for the last six years. The a.bility to fund the highiaay systems is limited.
Only about 50% of the needs arz going to be able to be funded. The travel
time tolerance of the citizet7s in the area is the one factor that cannot be
determine3.
A chart depicting Existing Travel Conditions along Houte 44 traveling £rora
Interstate 64 to the t4ainline Toll P1aza was depicted by Di.riPht Farmer.
ERISTING TRAVEL SPEEDS AIJD TRAVEL TIMES
SPEED TIME
Nain Line (unrestricted) 25 P4PH 12.0 i`1IN.
Diain Line (IiOV Lans) 55 MPH 5.4 i+II:d.
Toll Plaza (unrestricted) --- 2.0 i1IN.
Toll Plaza (FIOV Lane) --- 0.0 14iN.
Off-Painps at LditeLduck 3oad --- 10.0 MIiI.
and Independence Boulevard
OPEIJ HOV LANE TO UNRESTRICTED TRAFFIC
WITCHDUCK ROAD AND INDEPENDENCE BOUI,EVARD INTERCHANGE DELAY
A. Immediate Inpact: 17% increase in Volune
ilelay: 21.4 MinutFs
B. Inpact by June 1989: 28% Increase in Volune
Delay: 41.8 Ninutes
If the HOV Lanes are opened to Unrestricted Traffict the speed limit will
change from 25 iAPH to 42 P1PH.
Dwight Harmer utilized a SUMMARY CHART, depictina all three (3) prograns: the
HOV 3 PROGItA14, the HOV 2 PROGRAM and the COP+IPLETE Rr3MiOVAL OF THE HOV PROGRAM.
.TAYI11aT\J Z. 10 QQ
- 12 -
Item IV-P'.1.
PRr.SENTATION
ITE-M # 28000 (Continued)
To OPEN HOV LANE TO UIJRESTRICTED TtZAFFIC would result in an impact and in an
increased travel time for a motorists traveling to Ulitchduck Road fro'nq 15•4
Minutes to 24.6 Minutes. Nlthough there is an immediate decrease in travel
time alono Route /,l,, there is a substantial increase in delay at the of£-ramp.
A motorist traveling through the Independance Boulevard off-racnp tirill
experience a significant net increase in total travel tiine (18.4 Minutes to
26.4 19inutes) t'.irough the "system" if trie main..line HOV Lane is opened to
unrestricted traffic. The motorist traveling tnrough the Toll Plaza has relie£
going to unrestricted and 'nis travel decreases fron 14 i-Sinutes to approxinately
11 Plinutes.
There has been considerable discussion concerning the possible use of an HOV 2+
program a.s an interim neasure until such time that the I-64 HOV 3+ construction
program is completed.
TRAVEL TIME SUMMARY
From I-64 To:
Witchduck Road
Independence Blvd.
Toll Plaza
Witchduck Road
Independence Blvd.
Toll Plaza
Witchduck Road
Independence Blvd.
Toll Plaza
HOV 3+
15•4 Minutes
18.4 Pdinutes
14•0 Minutes
HOV 2+
UNRESTRICTED
24.6 Minutes
26.Q Minutes
11.1 Minutes
47.2 Minutes
50.2 Minutes
14•4 Minutes
?
#
22.2 Minutes
15.2 Minutes
17.0 Minutes
11.0 Minutes
J[1NF. 1989
25•4 Minutes 26.0 Minutes
30.3 Minutes
20.4 Minutes
29•9 Minutes
16.8 Minutes
dUNE 1990
33.5 Minutes 51.5 Minutes
39•7 Minutes
27.4 Minutes
#Interchange delay approaches in£inity.
56.8 Minutes
z4•5 Minutes
Based on the data contained in the study, the following
made:
CONCLUSIONS can be
Eliminating the HOV program and allowing unrestricted use of
a11 lanes will a.dd significantly to a Non-HOV usex•'s travel
time througki the jlitc'.7duck Ror;3 and Ind.ependence Boulevard
interchanges.
Lliminating the HOV program will improve a Noa-F:OV User's
travel tir.ie through the nainline toll plaza.
T--,... / I OA4
- 13 -
Item IV-F.
PRESENTATION ITEM # 28600 (Continued)
Implementing an HOV 2+ program will provide only minor
improvements to a Non-HOV user's travel time through the
Witchduck Road and Independence Boulevard interchanges today
and will provide significant increases in travel time within
2.5 years.
Implenenting an HOV 2+ program will provide a measurable
improvement to a Non-HOV user's travel time through the
mainline toll plaza.
I£ an HOV 2+ program is implemented, the mainline toll plazas
will exceed capacity after 8 years and thus offer minimal
incentives. At that time an HOV 3+ program will be the
minimal program which will provide motorists with an
incentive to carpool.
Art Collins advised the figures contained therein must be added to the trips
fron the Nava1 Base to the Interchange. There is a larger employment £orce at
the Naval Base than Downtown Idorfolk. 35,000 daily vehicles commute to the
Naval Base which is estimated at over 40,000 people.
-14-
Item IV-G.1.
PUBLIC HEARING ITEM # 28601
Mayor Robert G. Jones DECLARED A PIIBLIC HEARING:
Proposed Amendment to the Charter of the City of
Virginia Beach pertaining to imposing certain
assessments and fees to fund the construction, etc.
of Judicial and Correctional Facilities.
There being no speakers, the Mayor CLOSED the PUBLIC HEARIPIG.
PUBLIC NOTICE
Virginia Beach City Council,
on Monday, January 4, 1988, a[
2:00 PM, will hold a PUBLIC
HEARING concerning a
PROPOSED AMENDMENT
TO THE CHARTER OF THE
CITY OF VIRGINIA BEACH:
PUBLIC HEARING
YROPOSED AMENDMENT
TO THE
CHARTER OF THE CITY OF
VIRGINIA BEACH
Take notice that pursuant [o
the Charter of the City ; of
Virginia Beach and Section I5.]-
835 of the Code of Virginia, u
amended, the Virginia Beach City
Council will conduct a Public
Hearing on January 4, 1988, at
2:00 PM in the Virginia Beach
City Council Chambers, City
Hall Building, Municipal Center,
Virginia Beach, Virginia, concer-
ning a proposed amendment to
the City Charter. An informative
summary of such proposed
amendment is set forth below:
1. A request to amend Sec[ion
2.02 of the Charter of the City of
Virginia BF:ach by adding a
provision empowering the City to
assess, as p.irt of the costs in-
cident to everY action or
procceding filed in the courts of.
the City, or appealed to the Cir-
cuit Court, in addition to any
other such costs prescribed or
authorized by law, a sum not in
excess of six dollazs; and to im-
pose a fee, in addition to any
other fee or tax prescribed or
au[horized by law, but not in ex-
cess of six dollars, for the recor-
dation of certain writings bylhe
Clerk of Circuit Court. Such
assessment and fee may be im-
pe.c ?d, and the monies thereby
collec?ct-used; oQly for funding
the construction o judicial or
correctional facilities ithin the
City and for defraymg the costs
and expenses oF repairing, main-
taining and improving such
facilities and the operating costs
and expenses of the ofGces oc-
cupying such facilities. In the event the City shall 'unpose such
fee or assessmen[ fot the purpose
of funding the construction of
such facilities, the amount of
such fee or assessment shall be
reduced at such time as construc-
tion has been paid for,
A copy of the proposed Char-
ter Amendment is on Cile in the
Office of the City Manager,
City Hall Building, Municipal
Center, Virginia Beach, Virginia,
and may be reviewed and copied
during normal business hours.
Persons wishing to express
their views on the proposed Char-
ter Amendment may appeaz a[
the time and place aforesaid
established for the Public
Hearing. Following the con-
clusion of the Public Hearing, the
City Council may adopt a
Resolution requesting the
Virginia Beach General Assembly
to amend the City Charter by ad-
Jing the proposed amendment.
Ruth Hodg,.s Smith, CMC/AAE
City Clerk
350391t 12-23-VAR,
- 15 -
Item IV-G.2.
PUBLIC HEARING ITEM m 28601
t4ayor Robert G. Jones DECLARED a PIIBLIC HEARING;
Proposed Amendment to the Charter of the City of
Virginia Beach pertaining to imposing a tax (not to
exceed 1%) on the transfer of real estate upon
approval by referendum.
The £ollowing spoke in SUPPORT of the Proposed Amendment:
Rae H. LeSesne, 5325 Thornbury Lane, Phone: 497-8008
The following spoke in OPPOSITION:
Lou Pace, 1908 Hunt Necks Court, Phone: 468-0925
Ronald Ripley, 808 Newtown Road, Phone: 473-8525, represented the Tidewater
Board of Realtors comprising a membership o£ approximately 4,000 individuals.
There being no further speakers, Mayor Robert G. Jones CLOSED the PIIBLIC
HEARING.
PUBLIC NOTICE
Virginia Beach City Council,
on Monday, January 4, 1988, at
2:00 PM, will hold a PUBLIC .
HLARING concerning a
PROPOSED AMENDMENT
TO THE CHARTER OF THE
CITY OF VIRGINIA BEACH:
PUBLIC HEARING
PROPOSED AMENDMENT
TO THE
CHARTER OF THE CITY OF
VIRGINIA BEACH
Take notice that pursuant to
the Charter of the City of
Virginia Beach and Section 15.1-
835 of the Code of Virginia, as
amended, the Virginia Beach City
Cour,cil will conduct a Public
Hearing on January 4, 1988, at
2:00 PM in the Virginia Beach
City Council Chambers, City
Hall Building, Municipal Center,
Virginia Beach, Virginia, concer-
ning a proposed amendment to
the City Charter. An informative
summary of such proposed
amendment is set forth below:
The proposal is to amend Sec-
tion 2.02 of the Char[er of the
City of Virginia Beach by adding
a subsection providing the City
Council of the City of Viringia
Beach with the authority to con-
duct a referendum and upon ap-
proval of a majori[y of [he
qualified voters voting in such an
election, [o impose a tax on the
transfer of real es[ate not to ex-
ceed one percent (1 %a) of the con-
sideration of the deed or the ac-
tual value of the property con-
veyed whichever is greater. The
tax authorized by this provision is
to be paid by the purchaser.
A copy of the proposed Char-
ter Amendment is on file in the
Office of the Ciry Manager, City
Hall Building, Municipal Center,
Virginia Beach, Virginia, and
may be reviewed and copied
during normal business hours.
Persons wishing to express
their views on the proposed Char-
ter Amendment may appear a[
the time and place aforesaid
establishe,i for the Public
Hearing. Following the con-
clusion of t ie Public Hearing, Chc
City Council may adopt a
Resolution requesting the
Virginia Be,ich General Assembly
to amend the City Charter by ad-
ding Ihe pruposed amendment.
Ru[h HodZ;es Smith, CMC/AAE
City Clerk
350-38 1 t 12-23 VBS
Item IV-H.
- 16 -
PLANNING ITEM # 28603
Mayor Robert G. Jones DECLARED a PUBLIC HEARING on:
PLANNING
a. PACE CONSTRUCTIOPI CORPORATION
b. E.S.G., INC.
c. T.S.G. CORPORATION
d. J. L CAFFREY
e. JAMES LEE & CAROL J. PAPPAS
f. TE%ACO REFINING AND MARKETING, INC.
g. JOHN G. AND MARY WILLZAMS
STREET CLOSIIRE
CHANGE OF ZONING
CHANGE OF ZONING
VARIANCE
CONDITIONAL USE PERMIT
(Reconsideration of Conditions)
CONDITIONAL USE PERMIT
CHANGE OF ZONING
_ 17 _
Item IV-H.1.a.
PUBLIC HEARING
PLANNING
ITEM # 28604
Attorney David Miller, 2809 South Lynnhaven Road, Suite 330, Phone: 498-3434,
represented the applicant.
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon application of PACE CONSTRUCTION
CORPORATION for the discontinuance, closure and abandonment of a portion o£
Back Acres Road.
Application of Pace Construction Corporation for
the discontinuance, closure and abandonment of a
portion of Back Acres Road beginning at the
intersection of Back Acres Road and Wyman Lane and
running in a Southerly direction a distance of 523
feet more or less. Said parcel is variable in width
£rom 30 feet to 47•4 feet and contains 15,147.502
square feet. LYNNHAVEN ]30ROUGH.
Voting: 11-0
Council MemUers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice hiayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Menbers Voting Nay:
P1one
Council T4embers Absent:
None
r-,,a..., i lonsz
ORDINANCE N0.
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET 30 FEET WIDE
KNOWN AS BACK ACRES ROAD LOCATED IN
LYNNHAVEN BOROUGH
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Pace Construction and
Development Corp., a Virginia corporation, would make
application to the City Council of the City of Virginia
Beach, Virginia, to have the hereinafter described portion of
that certain undeveloped street, 30 feet wide, known as Back
Acres Road, closed, vacated and discontinued was duly
advertised; and
WHEREAS, the Petitioners as owning the adjacent property
to said street, which is effected by its closure, have
requested that said street be closed; and
WHEREAS, Application was made to the City Planning
Commission and to the City Council, and, pursuant to the
statutes in such cases made and provided, the Council
appointed viewers who have reported to the Council that no
inconveniences to the public or to the private individuals
would result from such closing, vacating and discontinuance;
and _
WHEREAS, it is the judgment of the Council that the said
street should be closed, vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED BY TAE COUNCZL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1
AVID A.MILLER,I0..P.C
.?L MN ?(w[N.v1?CIMN Y]}
Section 7. That the said undeveloped street 30 feet
wide, known as Back Acres Road described below, located in
the Lynnhaven Borough in the City of Virginia Beach,
Virginia, is hereby closed, vacated and discontinued, said
street not being needed for public use:
All that certain parcel of land lying
immediately south of Wayman Lane; immediately east
of Lot 1 and immediately west of Lot 18, all as
shown on the plat showing the undeveloped portion
of Back Acres Road to be vacated, abandoned &
discontinued as a public right-of-way, and being
more particularly bounded and described as follows:
Beginning at the Northeast Corner of the
above described Lot 1, as shown on the
aforesaid plat and from said point of
beginning running N 780 14' 27" E, a
distance of 30 feet, thence turning and
running S 110 45' 33" E, a clistance of
486.70 feet, thence turning and running S
270 46' 6" W, a distance of 47.14 feet,
thence turning running N 110 45' 33" W a
distanee of 523.06 feet to the point and
place of beginning of the description of
the land conveyed herein and being shown
as "Back Acres Road (30 feet r/w)
(undeveloped)" on the attached physical
survey.
Section 2. A copy of this Ordinance, certified by the
Clerk, be spread upon the public records in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia
Beach as Grantor.
Section 3. This Ordinance shall be effective thirty
(30) days from date of its adoption.
FINAL APPROVAL: January 4, 1988
2
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- 18 -
Item II-H.1.
PUBLIC HEARING
PLANNING
ITEM # 28605
Attorney R. J. Nutter II, 2809 South Lynnhavea Hoad, Phone: 431-3100, requested
WITHDRAWAL
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ALLOLdED WITHDRAWAL of an Ordinance upon application of E.S.G., INC.,
for a Change of Zoning.
ORDINANCE UPON APPLICATION OF E.S.G., INC. FOH A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2
TO P.-2
Ordinance upon application of E.S.G., Inc. for a
Change of Zoning District Classification from AG-2
Agricultural District to A-2 Apartment District on
certain property located on the north side of
Culver Lane, 363 feet east of General Booth
Boulevard. Said parcel contains 5 acres. Plats
with more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting A3>e:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
i4eyera E. Oberndor£, Nancy K. Parker and John L.
Perry
Council bfenbers Voting Nay:
None
Council Members Absent:
Idone
.Txqmiarv /._ 1 QRR
- 19 -
Item IV-H.1.c.
PUBLIC HEAHING
PLANNING
ITEM # 28606
Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented
the applicant and requested WITHDRA6JAL
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council, ALLOWED WITHDRAWAL of an Ordinance upon application of T.S.G.
CORPORATION for a Change of Zoning:
Ordinance upon application of T.S.G Corporation for
a Change of Zoning District Classification from R-8
Hesidential District to H-1 Hotel District on
certian porepty located on the east side of General
Booth Boulevard 670 feet more or less north of
Prosperity Road. Said parcel contains 1.41 acres.
Plats with more detailed information are available
in the Department of Planning. PP,ITdCESS APIPdE
BOROUGH
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Hobert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council NIembers Voting Nay:
None
Council PRembers Absent:
S1one
Jamia.rv L _ 1 QRR
-20-
Item IV-H.1.d.
PUBLIC HEARING
PLANNING
ITEM # 28607
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, and advised the
applicant no longer required this Subdivision Variance
Upon motion by Councilman Fentress, seconded by Vice ;9ayor Oberndorf, City
Council DENIED an application of J. L. CAFFREY for a Variance to Secti_on 4•4(d)
for the Subdivison Ordinance, which requires a11 lots created by subdivisons to
have direct access to a public street.
Appeal £rom Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for J. L. Caffrey. Property
is located at the northeast corner of 15th Street
and Baltic Avenue. Plats with nore detailed
information are available in the Department of
Planning. VIRGINIA BLACH BOROUGI-I.
Voting: 11-0
Council Members Voting Aye:
Nlbert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. D1cClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council i4enbers Voting Nay:
None
Council tlembers Absent:
None
Januarv G_. 1988
Item IV - H.l .e.
PUBLIC HEARING
-21-
PLANNING ITEM # 28608
Attorney Woodruff H. Griffin, Phone: 491-9300, represented the applicant Lee Pappas, the applicant,
responded to City Council inquires
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED
Reconsideration of Conditions upon application of JAMES LEE & CAROL J. PAPPAS for a
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF JAMES LEE & CAROL J.
PAPPAS FOR THE RECONSIDERATION OF CONDITIONS
PLACEDO N THE APPLICATION FOR CONDITIONS PLACED ON
THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBII,E BODY AND PAINT SHOP ON AUGUST 8, 1983.
R01881102
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIlZGINIA BEACH, VIRGINIA
Ordinance upon application of James Lee & Carol J. Pappas for the
reconsideration of conditions placed on the applicant for a Conditional
Use Permit for an automobile body and paint shop on August 8, 1983.
Property is located at 1325 Virginia Beach Boulevard. More detailed
information is available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. Approval is for a period of one (1) year.
2. No outside storage of parts, materials or scrap will be allowed
3. Outside storage of cars must be inside the fenced area.
4. The existing fence is to be replaced with a privacy fence consisting of #1
Western Red Cedar or #1 - SYP.0.40-CCA treated timber, or alternative
materials approved for general use by the Administrator, Landscape Services
Division.
5. The fence shall completely enclose the storage yard and shall be a minimum
of eight (8) feet in height.
6. The City Staff shall insure the Sprinkle System complies with standards of
the Fire Department.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of January, Nineteen
Hundred and Eighty-Eight.
January 4, 1988
-22-
Item N - H.l .e.
PUBLIC HEARING
PLANNING ITEM # 28608 (Continued)
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E.
Fentress, Harold Heishchober, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf and
John L. Perry
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D.
Moss and Nancy K. Parker
Council Members Absent:
None
January 4, 1988
-23-
IV-E.1.f.
PUBLIC HEARING
PLANNING
ITEM # 28609
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
IIpon motion by Councilwoman McClanan, seconded by Councilman Heiscnober, City
Council DEFERRED until the City Council PQeeting of January 25, 1987, an
0^dinance upon application of TE%ACO REFINING AND MARKETING, INC. £or a
Conditional Use Pernit:
ORDINANCE UPOPI APPLICATION OF TEXACO REFInTING AND
MARKETING, INC., FOR A CONDITONAL USE PERMIT FOR A
SERVICE STATIOTd
Ordinance upon application of Texaco Refining and
Afarketing, Inc., for a Conditional Use ?ermit £or a
service station in conjunction with a convenience
store and a car wash on certain property located at
tne southeast corner of Holland Road and Shipps
Corner Road. Said parcel contains 39,640 square
£eet. Plats with more detailed information are
avialable in the Department of Planning. PRIAICESS
ANIvE BORODUH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Aarold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. :dcClanan, John D. Moss, Vice Mayor
yeyera E. Oberndor£, Nancy K. Parker and John L.
Perry
Council Members Voting iQay:
None
Council Members Absent:
None
Januarv L. 1988
-24-
Iten IV-H.
PIIBLIC HEARIIvG
PLAIdNING
ITEM ;` 28610
Attorney Robert Crom,aell, Penbroke One, Phone: 499-8971, represented the
applicant and requested conside:ation o= Parcel 1 containing 18.1 acres and.
GIIT£iDRAWAL fron consiaeration of Parcel 2 and P2rce1 3.
John and Mary Idillia_ms, 952 '.Jewtown Roa.d, Photze: 497-5509, represented the
applicant
OPPOSITIOPd:
Attorney Grover ldright, represented the Campus Fast Homeowners Association
(consisting of in excess of 800 menbers).
Larry Biles, 5500 State Streety President of ttie Campus East F:omeowners
Assoc=ation (comprised of 857 hoeeowners).
Judith Strange' 5509 Spider CourtD Phone: 671-1122a represented the Canpus East
Corimunity Association and presente3 petions in opposition containing in er.cess
of 500 signatures
Joe ilelatte, 5549 Merner Lane, Phone: 496-9294., resident of tlie Wesleyan
Cha.se, Sago r'ar-ms Subdivision
hlolly B. Peagler, 5425 Lavrson Hall i.ey, Pnone: 464-2630
A MOTION uras nade by Councilman Perry to DEFER for 3 months an Ordinance upon
application o£ John G. and Mary Williams For a Chanae of Zonine From F.=S
Residential District to B-2 Conmiunit.y-Business District, containing 34•3
acres, (Bayside 3orough); Parcel 1: Pdortiivrest intersection of Jia.nond_ Springs
Road and ?desleya.n Drive,Parcel 2: Southwest intersection oi Diamond Springs
Road and 17esleyan Drive; AP1D, Parcel 3: Southeast intersection of Dianond
Springs Road and 'rIaygood :to2.d. This MOTION £ailed ior Lack of a Second.
Upon notion by Councilman Heischober, seconded b;r Vice Mayor OberndorP, City
Council DENIED:
ORDIPIANCE UPON AYPLICATIOid 0; JOHN G. Fc MARY M.
4dILLIAASS FOR A CH9PIGB Or ZOiIING DISiRICT
CLASSIFICATIOPt FRO11 R-5 TO B-2
Ordinance upon aeplication of Joiin G. & tfary M.
jdilliams for a Change o£ Zonixig District
Classification from R-5 Residential District to B-2
Com:nunity Business District on the following
parcels:
Parcel 1: Located at the North*aest intersecti_on of
Dia.MOnd Sprin,;s Ro2d and l^Iesleyan Dr_ve.
Parcel 2: Located at the southi-rest intersection of
Diamond Sp-rings Road and tideeleyar, Drive.
Parcel 3: Located at tkie southeast intersection of
Diamond Springs 3oad and Haygood Road.
Said parcels contain 34•3 acres. Plats with more
detailed infox•mation are available in t'ie
De;Da.rtment oi Planning. BAYSIDE BOP.OUGH.
.7;3.miarv L _ 19RR
-25-
Item IV-H
PUBLIC HEARING
PLANNING
Voting: 8-2
Council Members Voting Aye:
ITEM # 28610 (Continued)
Albert W. Balko, Robert E. Fentress, Iiarold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
John D. Moss, Vice Mayor Meyera E. Oberndorf and
Nancy K. Parker '
Council Members Voting Nay:
John A. Baum and John L. Perry
Council Nfembex•s Abstaining:
Reba S. h]cClanan'E
Council Merabers Absent:
P1one
jECouncilwoman McClanan ABSTAINED due to Delegate McClanan representing party in
litigation of related purposes.
r.._........ / ,na4
-26-
Item IV-I.1.
RESOLUTIQN ITBM # 28611
Upon motion by Councilman Fentress, seconded by Councilnan Balko, City Council
ADOPTED:
Resolution requesting the Ueneral Assenbly to AMEND
Section 2.02 of the Charter of the City o£ Virginia
Beach by empowering the City to impose certain
assessments and fees to fund the construction, etc.
of Judicial and Correctional Facilities.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones*, John D. Moss, Vice Mayor Neyera E. Oberndorf,
Pdancy K. Parlcer# and John L. Perry
Cour.cil Members Voting P1ay:
Reba S. McClanan
Council Members Absent:
Tdone
*Verbal Aye
.Tannnn?r /. 1 0RR
A RESOLUTION REQUESTING THE
1 GENERAL ASSEMBLY TO AMEND
2 SECTION 2.02 OF THE CHARTER
3 OF THE CITY OF VIRGINIA BEACH
4 BY EMPOWERING THE CITY TO IMPOSE
5 CERTAIN ASSESSMENTS AND FEES TO
6 FUND THE CONSTRUCTION, ETC. OF
7 JUDICIAL AND CORRECTIONAL FACILITIES
8
9
10 WHEREAS, on January 4, 1988, in accordance with Section
11 15.1-835, Code of Virginia, as amended, the City Council of the
12 City of Virginia Beach held a public hearing concerning a
13 proposed amendment to the City Charter pertaining to certain
14 assessments and fees for funding of the construction and
15 maintenance of judicial and correctional facilities and for the
16 operating expenses of the offices occupying such facilities; and
17 WHEREAS, after due consideration, it is the sense of the
18 City Council that the proposed Charter amendment should be
19 enacted;
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA, that the General Assembly is
22 hereby requested to amend Section 2.02 of the Charter of the City
23 of Virginia Beach by enacting the amendment hereto attached;
24 And the City Clerk is hereby directed to forward a copy of
25 this Resolution to each member of the General Assembly
26 representing the City of Virginia Beach.
27 Adopted this 4 day of January, 1988, by the Council of
28 the City of Virginia Beach, Virginia.
29
30
31 WMM/dga
32 2/02.res
Section 2.02 Additional powers.
without limiting the generality of the fozegoing, but
in addition thereto, the City of virginia Beach shall have the
following additional powers:
* * fi
(*) To assess, as part of the costs incident to every
action or proceeding filed in the courts of the city, or appealed
to the circuit court, in addition to any other such costs
prescribed or authorized by law, a sum not in excess of six
dollars; and to impose a fee in addition to any other fee or tax
prescribed or authorized by law, but not in excess of six
dollars, for the recordation of any or all of the following
writings by the clerk of the circuit court:
(1) Deeds, instruments and other writings by which
real property, or any estate or interest therein, is sold,
granted, assigned, transferred or otherwise conveyed, except such
deeds, instruments and writings as are exempt from taxation by
law;
(2) Deeds of trust, mortgages, deeds of release and
certificates of satisfaction or partial satisfaction;
(3) Wills, codicils and lists of heirs;
(4) Memoranda of inechanics' liens, attachments and lis
pendens;
(5) Deeds and leases of personal property, homestead
deeds, bills of sale, financing statements and other writings
relating to or affecting personal property which are required or
permitted by law to be recorded;
(6) Partnership certificates and other writings
pertaining to partnerships which are required or permitted by law
to be recorded;
(7) Abstracts of all judgments authorized or required
by law to be docketed or recorded;
(8) Subdivision plats.
No such assessment or fee shall be imposed except for the
purpose of funding or defraying (i) the cost of construction,
including, without limitation, preliminary studies, acquisition
of land, architectural and engineering services and site work, of
judicial or correctional facilities, either or both, within the
city, except such portion of the cost of construction of
correctional facilities for which the city may be reimbursed by
the Commonwealth of Virginia, (ii) the costs and expenses of
repairing, maintaining and improving such facilities; and (iii)
such of the operating costs and expenses of the courts, officers,
agencies, departments and other offices occupying such facilities
as are payable by the city and not subject to reimbursement or
compensation by the Commonwealth of Virginia or any board or
agency thereof or the United States, provided, however, that no
assessment or fee authorized by this section shall be used for
the purpose of defraying the operating costs and expenses of any
law-enforcement aqency the chief officer of which is not
required to be elected pursuant to the Constitution of Virginia.
The city council may impose the assessment or fees
authorized by this section, or may impose both, for any or all
of the purposes set forth hereinabove; provided, however, that
any ordinance adopted pursuant to this section shall be
declaratory of the purposes for which such ordinance is adopted;
and provided further, that in the event the city council shall
impose such an assessment or fee for the purpose of funding the
construction of a judicial or local correctional facility, it
shall, at such time as sufficient monies are so collected as to
pay in full all costs and expenses of construction, including
the principal of and interest on any debt incurred therefor,
reduce the amount of such assessment or fee to such amount as is
sufficient to fulfill the remaining purpose or purposes thereof
as set forth in the ordinance.
No such assessment shall be made against the Commonwealth or
any of its political subdivisions or against the United States,
and no such fee shall be charged for the recordation of any
writing at the instance of the Commonwealth, or any political
subdivision thereof, or the United States.
2
_27 _
Tt.am TV-T_?
?tESOLUTIONS
ITEI1 ;`- 28612
Upon notion by Councilraan Fentress, seconded by Councilman i+Ioss, City Council
ADOPTED, AS AMENDED:
Hesolution requesting the General Aesembly to AiMM
the Charter o£ the City of Virginia Beacn to
e-mpower the City to impose a tax on the transfer of
real estate upon approval by re£erendum.
On Line 13 of the RESOLUTION the tiaor3s "for a
specified period of time" shall be added after the
word.s "real esta.te".
On Line 24 oi the RESOLUTION folloiriug the word
"attached", "for financing on a cash basis neca
construction and reconstruction o: roads' highways
and bridges" sh•all be added.
On Line 9 of the actual Proposed Amendment
follooring the words "real estate°, the words "for a
specifiecl period o£ time" shall bc: added..
On Line 10 of the actual Proposed Amendment
following the words "apnroval by reierendum"y "for
financing on a cash basis, new construr.ti_on an3
reconstruction oi roads, highorays and bridge,"
shall be added.
Voting: II-3
Council Menbers Voting Aye:
Albert W. Ba1ko, Robert E. Fentress, Harold
Heischober, Earba.ra M. I3eizley, Reba. S. i+IcClanan, Joha
D. iioss, Vice Mayor Aleyera E. Oberndorf and iJancy X.
Parker
Council iiembers Voting Nair:
John A. Baum, ?fayor kobert G. Jones and Johxi L. Perry
Council i7enbers Absent:
None
T ............. i I noo
1 A RESOLUTION REQUESTING THE GENERAL
Z ASSEMBLY TO AMEND THE CHARTER OF
3 THE CITY OF VIRGINIA BEACH TO
4 EMPOWER THE CITY TO IMPOSE A TAX ON
5 THE TRANSFER OF REAL ESTATE UPON
6 APPROVAL BY REFERENDUM
7
8
9 WHEREAS, on January 4, 1988, in accordance with Section
10 15.1-935 of the Code of Virginia, as amended, the City Council of
11 the City of Virginia Beach held a public hearing concerning a
12 proposed amendment to the City Charter pertaining to the
13 imposition of a tax on the transfer of real estate for a
14 specified period of time upon approval by referendum; and
15 WHEREAS, after due consideration, it is the sense of
16 the City Council that the proposed charter amendment should be
17 enacted;
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
20 THE CITY OF VIRGINIA BEACH, VIRGINIA, that the General Assembly
21 is hereby requested to amend Section 2.02 of the Charter of the
22 City of Virginia Beach by enacting the amendment hereto attached
23 for financing on a cash basis new construction and
24 reconstruction of roads, highways, and bridges;
25 And the City Clerk is hereby directed to forward a
26 copy of the Resolution to each member of the General Assembly
27 representing the City of Virginia Beach.
28
29
30 Adopted by the Council of the City of Virginia Beach
31 this 4th day of January, 1988.
32 LLL/lmt
33 12/28/87
34 O1/04/88
35 CA-02539
36 TAX.LLL
1 A PROPOSED AMENDMENT TO THE CITY CHARTER OF
2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
3 ADDING TO SECTION 2.02 SUBSECTION (g)
4 PERTAINING TO ADDITIONAL POWERS.
5
6
7 Section 2.02. Additional powers.
8
9(q) Imoosition of tax on the transfer of real estate for a
10 Sp0^ifiPd period of time unon anvroval by referendum for
11 financinQ on a cash basis new construction and
12 reconstruction of roads hiahways and bridqes. If approved
13 by the maioritv of the aualified voters votincr in an
14 election conducted as provided in section 24.1-165 of the
15 Code of Virainia the City Council of the Citv of Virginia
16 Beach shall have the authoritv to impose by ordinance:
17
18 (1) A tax on each deed admitted to record, except a deed
19 exempt from taxation by law, bby which lands, tenements
20 or other realty sold is aranted, assigned, or
21 transferred or otherwise conveved to, or vested in the
22 purchaser, or any other person, by such purchaser's
23 direction. The rate of the tax, when the
24 consideration or value of the interest exceeds one
25 hundred dollars ($100.00) shall not exceed one percent
26 (1%) of the consideration of the deed or the actual
27 value of the property conveyed whichever is greater._
28
29 Such ordinance mav further provide that the tax
30 authorized by these provisions shall be paid by the
31 purchaser or any person to whom real property is beinq
32 transferred by any deed, instrument or writing subject
33 to state recordation and grantors taxes imposed by
34 Chapter 8 of Title 58.1 of the Code of Virginia.
35
36 Such ordinance may further p rovide that no such deed,
37 instrument or other writin q shall be admitted to
38 record until the tax authorized by these provisions has
39 been paid to the clerk.
40
41 The tax imposed under authority of this section shall
42 be computed onlv with respect to property located in
43 this city.
44
45 (2) Taxes imposed bv such ordinance shall be collected as
46 provided in section 58.1-812 of the Code of Virginia
47 and the ordinance shall require the clerk to return all
48 taxes collected thereunder to the treasury of the City
49 of Virginia Beach.
50
51 Such ordinance shall also provide for reasonable
52 compensation for the clerk of court collecting such
53 taxes thereunder.
54
55 In the event a majorit y of the qualified voters voting
56 fail to approve the authority for such ordinance, no
57 subsequent election p roposing said ordinance may be
58 held within a five (5) vear period.
59
60 LLL/lmt
61 12/18/87
62 O1/04/88
63 CA-02539
64 charter.pro
2
_2g_
Item N-5.1.
CONSENT AGEhIDA ITrM ;E 28613
Upon motion by Councilman N1oss, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 3, !,, 5, 6, 7, 8 and p of the CONSENT
AGFS7DA.
Item 2 was pulled for a separate vote.
Voting: 11-0
Council Mer.ibers Voting Aye:
Albert W. Ba1ko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, blayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Dlayor
Meyera E. OberndorP, ;Iancy K. Parker and John .T?.
Perry
Council Menbers Voting Nay:
None
Council Members Abstaining:
Reba S. P^.cClanan*
Council Menbers Absent:
None
*Councilwonan MeClanan VERBALLY ABSTAINED on Ttem N-J.8 (U) Virginia Beach
General FIospital Auxiliary, as she is a Member.
-29-
Item IV-J.1.
CONSENT AGENDA ITLM ;` 28614
Upon motion 'oy Councilman i9oss, seconded by Councilnaa Heischober, City
Council ADOPTED:
Ordinance to AP'fEt1ll and REORDAIII Section 6-13 0£ the
Code of the City o£ Virginia 9each pertaining to
removing sand fron beaches, etc.
Voting: 11-0
Council Pdembers Voting Aye:
Albert W. Balkon John A. 3autn, Robert E. Fer.tressy
tiarold ,•.ieischober, Barbara 11. Henley, M;yor Robe-rt G.
Jonesy ;2ebs S. ".4cClanan, John D. Moss9 Vice PQayor
iizyer•a E. Oberndorf, :dancy K. Parker and John L.
Perry
Council Members Voting Nay:
I7one
Council Mernbers Absent:
P1one
,...,,..,_., I ,noo
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 6-13 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA
4 PERTAINING TO REMOVING SAND FROM
5 BEACHES, ETC.
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 6-13 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 6-13. Removing, grading sand from shores, beaches, etc.
14
15
16 (a) Required. In order to conserve the beaches and
17 shores in the city and to protect those areas adjacent to the
18 beaches and shores in the city, it shall be unlawful for any
19 person to alter the contours of sand by grading, carryinq away or
20 removeing, or to cause ta-4De-z.aTz ied- -away-er--r?nrovee?,--airp -sarre}
21 frain-thr?!?,--beacireg-ar-dnnes-o-r--h-ighi-srx?-?l?xrg-the-sheres;
22 beaehes-vr--dnnes-4-rr-the--city;--prensded;--howevec-,--thet-4-rr-the
23 enent-it-sha??-satisfaotari?p-appear-te-the-e?tp-merfeger-that-the
24 remevaI --c+ -ssrrer-tn --any--3nstaflcr-r? -be--lrarnrfv-l-to--the
25 eansernatien-ead-preteet#en-e€-khe-beaehes-and-9hares-er-prepertp
26 adjeeeat--t*ete±*r,--Fre-mag;- trr-wr#t'rng;-yrarrN-a-perxrit--for-stteh
27 reme---Relnova1- --trnr9er--Scrc41--permit--sha}1- --tcft- -cemst-it-utc--a
28 nselatien--crf- -ti+is-sec,°tivir.----I-€--erry- -per3arr--be--gai i tp-vf- -th}s
29 seetsen;--he---sh?13 -be--€rnee}--rnrN-3rss--thax--tcao- -hvridr?--f4ftp
30 do??ars-{$358.-66}-ner-mere-than-ene-thensand-de??ars-f$};A99.-66}.-
31 the contours of the sand to be altered by grading, carrying awav
32 or removing, any sand from the shores, beaches, dunes, or
33 highland along the shores, beaches or dunes in the city without
34 first obtaining a permit Erom the city mana er.
35 (b) Exemptions. Specifically exempt from this
36 ordinance are the authorized replenishment or nourishment
37 activities of the City of Virqinia Beach or the Virqinia Beach
38 Erosion Council.
39
J?
40 (c) Application. Any person desiring a permit
41 reauired bv this section shall file an aAOlication therefor with
42 the Department of Public Works. Such application shall be
43 accompanied by plans and other data in reference to the work as
44 deemed appropriate by the city engineer.
45 (d) Issuance. The city engineer shall review any
46 aoplication filed under this section and if, in his ooinion, the
47 activity does not adversely encroach upon the rights oE others,
48 the activity does not despoil the beach, shores or adversely
49 affect the hiahland adiacent to the beaches and shores in the
50 city and the activity will be conducted with practices acceptable
51 to the citv enpineer, he shall recommend to the citv manaaer
52 approval of the permit applied for. If the city engineer does
53 not recommend aooroval of the oermit, he shall recommend to the
54
55
56 city manager that the permit be denied.
(e) Applicants bond. No permit required by
section shall be issued until the applicant has posted a
this
bond
57 approved as to form and surety, insuring strict compliance with
58 the terms and conditions of the permit. The amount oE the bond
59 shall be determined by the city engineer, based on such fa ctors
60 as the estimated cost to perform the req uested activitv and to
61 restore the area includinq but not limited to stabilization costs
62 of vegetation and sand fencing.
63 {b}(f) Any violation of this section shall constitute
64 a Class 1 misdemeanor.
65
66
67
68
69
70
71
72
73
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4th day of Jatinary , 190.
WCB/epm
09/25/87
10/30/87
CA-02956
\ordin\proposed\06-13.pro
2
Ahri<v?etJ A:-) IU
SIGNA.TURE
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DSPnIT i A.cN T
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-30-
Itea IV-J.2
CONSENT AGENDA I1P14 ;{ 28615
Upon motion by Vice Mayor Oberndorf, seconded by Councilman PQoss, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Sections 21-12,
21-241, 21-248, 21-294, 21-317, 21-319, 21-320,
21-363, 21-307, 21-373, 21-374 and 21-400 of the
Co3e of the City o£ Virginia Beach pertaining to
motor vehicle and traffic code.
Tne City i'4anger advised this Ordinance primarly vras to raduce one more level in
the sign-off process. The City i-lanager was sti11 retaining the final authority
over the manaoement and direction of a11 vehicular and pedestrian traffic in
t'he cit},r.
The City P'iana.ger advised, as pe: -request oi Councilman Eaura, he tiaould p:ovide a
WORKSHOP to review various criteria and types o£ studies prepared to determine
speed lirai.ts.
Voting: 11-0
Council i,embers Voting Ayeo
Albert W. Bal'r.o' John A. Bauri, Robert E. Fentress,
IIasold :ieischober, Harbara M. Henley, Mzyor Hobert G.
Jones, Reba S. r•YcClanan, John D. Aioss, Vice i,ayor
i•leyera E. Oberndorf, iVancy K. Parker and John L.
Perry
Council Mer.ibers Voting iday:
Noxie
Council Menbers Absent:
iVone
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 21-12, 21-241, 21-248, 21-
3 299,21-317, 21-319 21-320, 21-363,
4 21-367, 21-373, 21-374 AND 21-400
5 OF THE CODE OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA, PERTAINING TO
7 MOTOR VEHICLE AND TRAFFIC CODE
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Sections 21-12, 21-241, 21-248, 21-294, 21-317,
12 21-319, 21-320, 21-363, 21-367, 21-373, 21-374 and 21-400 of the
13 Code of the City of Virginia Beach are hereby amended and
14 reordained to read as follows:
15
16
17 Section 21-12. General powers of city manager relative to
1$ traffic.
19
20 The city manager shall have genera-1--&upervi9+orr-and
21 eantrel-of final authority over the management and direction of
22 all vehicular and pedestrian traffic in the city and of the
23 parkinq and routing of vehicles in the interest of the public
24 safety, comfort and convenience, not inconsistent with the
25 provisions of this chapter and title 46.1 of the Code of
26 Virginia. He may cause appropriate signs to be erected and
27 maintained, designating residence and business districts, school,
28 hospital and safety zones, highways and interurban railway
29 crossings, turns at intersections, traffic lanes and such other
30 signs as may be necessary to carry out the provisions of this
31 chapter. He shall have power to regulate traffic by means of
32 traffic officers or semaphores or other signaling devices on any
33 portion of the highway where trafEic is heavy or continuous or
34 where, in his judgment, conditions may require. He may adopt any
35 such regulations, not inconsistent with the provisions of this
36 chapter, as he shall deem advisable and necessary, and repeal,
37 amend or modify any such regulation; provided, however, that
38 such regulations shall not be deemed to be violated if, at the
39 time of the alleged violation, any sign or designation required
40 under the terms of this chapter is missing, effaced, mutilated or
41 defaced, so that an ordinary observant person, under the same
-1-V
42 circumstances, would not be apprised of or aware of the existence
43 of such regulations.
44
45 Sectio? 21-241. Stop and yield intersections.
46 (a) The eitp--sxaxagrr director of public works may
47 designate intersections at which vehicles shall come to a full
48 stop or yield the right-of-way and may cause to be erected
49 appropriate signs or markers at such intersections so that an
50 ordinarily observant person will be aware of the existence of
51 such designation.
52 (b) For the purpose of promoting the safe use of the
53 streets of the city, the estp--rae-rrage-r director of public works
54 shall have the authority to designate, according to his judgment,
55 certain streets as through or arterial streets and all traffic
56 proceeding regularly along such designated through or arterial
57 streets shall have the right-of-way over traffic entering such
58 streets, when properly signposted.
59 (c) When a stop sign is posted at or near the entrance
60 to any such arterial street or designated intersection, every
61 driver of a vehicle approaching such stop sign shall, immediately
62 before entering such intersection, stop at a clearly marked stop
63 line, but if none shall stop before entering the crosswalk on the
64 near side of the intersection, or if none, shall stop at the
65 point nearest the intersecting roadway where the driver has a
66 view of approaching traffic on the intersecting roadway, and
67 before proceeding, shall yield the right-of-way to the driver of
68 any vehicle approaching on such other highway from either
69 direction.
70 (d) Where a yield right-of-way sign is posted, the
71 driver of a vehicle entering such intersection shall slow down to
72 a speed reasonable for the existing conditions and, if required
73 for safety to stop, shall stop at a clearly marked stop line, but
74 if none, shall stop before entering the crosswalk on the near
75 side of the intersecting roadway where the driver has a view of
76 approaching traffic on the intersecting roadway, and before
2
k
77 pzoceeding shall yield the right-of-way to the driver of any
78 vehicle approaching on such other highway from either direction.
79
80 Section 21-248. One-way streets.
81 (a) The eitp-natreger director of public works shall
82 have the authority to designate any street in the city system of
83 roads for one-way traffic and he shall have erected and
84 maintained such signs on the one-way streets so designated as
85 will apprise an ordinarily observant person of the direction of
86 lawful traffic.
87 (b) When signs are in place in accord with subsection
88 (a) of this section, it shall, except as otherwise provided in
89 this section, be unlawful for any person to drive or move any
90 vehicle in a direction other than that designated by such signs.
91 (c) When it can be demonstrated to the satisfaction of
92 the eitp--menager director of public works that the strict
93 enforcement of subsection (b) of this section will cause an
94 unreasonable hardship on some particular person relative to the
95 loading or unloading of trucks or other vehicles on such one-way
96 streets, then in such event the estp-ma-nage-r director of public
97 works is authorized to issue a permit to such person permitting a
98 variance from the provisions of subsection (b) of this section.
99 Any such special permit shall be in writing and shall specify the
100 nature of such variance and the place and period of time when
101 such variance shall be permitted. Such permit shall only be
102 issued when it can be demonstrated to the satisfaction of the
103 ertq-xcaflager director of public works that the granting of such
104 permit will alleviate a clearly demonstrable hardship, as
105 distinguished from a special privilege or convenience to the
106 person who seeks such permit.
107
108 Section 21-294. Required obedience.
109 (a) The driver of a motor vehicle shall obey and
110 comply with the requirements of road signs erected upon the
111 authority of the state highway and transportation commission,
3
5
112 proper agencies of the federal government or the estp--Rtatrage-r
113 director of qublic works.
114 (b) No provision of this section relating to the
115 prohibit ion of disobeying road signs or violating local traffic
116 signals, markings and lights shall be enforced against an alleged
117 violator if, at the time and place of the alleged violation, any
118 such sig n, signal, marking or light is not in proper position and
119 sufficiently legible to be seen by an ordinarily observant
120 person.
121 (c) The failure of any such driver to obey such signs,
122 signals, markings or lights or to comply with the provisions of
123 this sec tion shall constitute a traffic infraction.
124
125 Section 21-317. Maximum speed limits generally.
126 (a) No person shall drive any motor vehicle upon a
127 highway of this city at a speed in excess of the following
128 maximum speed limits:
129 (1) Fifty-five (55) miles per hour on the
130 interstate system of highways or other
131 limited access highways with divided
132 roadways.
133 (2) Fifty-five (55) miles per hour on nonlimited
134 access highways having four (4) or more lanes
135 and on all state primary highways.
136 (3) Fifty-five (55) miles per hour on highways
137 not included in (1) or (2) above, if the
138 vehicle is a passenger motor vehicle,
139 passenger bus, Onited States post office bus,
140 pickup or panel truck or a motorcycle; and
141 forty-five (45) miles per hour on such
142 highways, if the vehicle is a truck, road
143 tractor, tractor truck or combination of
144 vehicles designed to transport property, or
145 is a motor vehicle being used to tow a
146 vehicle designed for self-propulsion, or a
147 house trailer.
4
6
148 (4) Thirty-five (35) miles per hour or the
149 minimum speed allowable, whichever is
150 greater, on any highway other than an
151 interstate highway, if the vehicle is being
152 used as a school bus carrying children, and
153 forty-five (45) miles per hour on interstate
154 highways; provided, however, that for any
155 such vehicle which neither takes on nor
156 discharges children between its point of
157 origin and point of destination, the speed
158 limit shall be forty-five (45) miles per
159 hour.
160 (5) Forty-five (45) miles per hour on any
161 highway, if the vehicle or combination of
162 vehicles is operating under a special permit
163 i s s u e d by t h e s t a t e highway and
164 transportation commission in accordance with
165 sections 46.1-330 and 46.1-343 of the Code of
166 Virginia. The s t a t e highway and
167 transportation commission may, however,
168 prescribe a speed limit of less than forty-
169 five (45) miles per hour on any such permit
170 issued by it.
171 (6) Twenty-five (25) miles per hour on highways
172 in a business or residential district, except
173 upon interstate or other limited access
174 highways with divided roadways.
175 (7) Thirty-five (35) miles per hour on highways
176 in the city, except upon interstate or other
177 limited access highways with divided roadways
178 and except in business or residence
179 districts.
180 (8) Notwithstanding the provisions of subdivision
181 (1), (2) and (3) of this subsection, the
182 speed limits for passenger motor vehicles,
183 while towing utility, camping or boat
5
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184 trailers not exceeding an actual gross weight
185 of twenty-five hundred (2500) pounds, shall
186 be the same as that for passenger motor
187 vehicles.
188 (b) Notwithstanding the foregoing provisions, the
189 state highway and transportation commissioner or the eitg-menager
190 director of public works or any other authority having
191 ?tlf29dYCttY9fl jurisdiction over highways may decrease the speed
192 limits set forth in subsections (a)(1) and (a)(3) of this section
193 and may increase or decrease speed limits set forth in
194 subsections (a)(6) and (a)(7) of this section and may establish
195 differentiated speed limits for daytime and nighttime by
196 decreasing for nighttime driving the speed limits set forth in
197 subsections (a) (1) through (a)(3) of this section and by
198 increasing for daytime or decreasing for nighttime the speed
199 limits set Eorth in subsection (a)(6) and (a) (7) of this
200 section. Such increased or decreased speed limits and such
201 differentiated speed limits for daytime and nighttime driving
202 shall be effective only when prescribed after a traffic
203 engineering and traffic investigation and when indicated upon the
204 highway by signs; provided, the increased or decreased speed
205 limits over highways under the control of the state highway and
206 transportation commissioner shall be effective only when
207 prescribed in writing by the highway and transportation
208 commissioner and kept on file in the central office of the
209 department of highways.
210
211 Section 21-319. Temporary reduction of speed limits during
212 highway construction, etc.
213
214 The eitp-ffaasger director of public works may reduce,
215 for a temporary period not to exceed sixty (60) days, without an
216 engineering or traffic investigation, as required in Code of
217 Virginia, section 46.1-180, the speed limit on any portion of any
218 highway on which men are working or where the highway is under
219 construction or repair.
220
221 Section 21-320. Minimum speed limits.
6
¢
222 (a) No person shall drive a motor vehicle at such a
223 slow speed as to impede the normal and reasonable movement of
224 traffic, except when reduced speed is necessary for safe
225 operation or in compliance with law.
226 (b) Whenever the state highway and transportation
227 commissioner or the eitp--meeeger director of public works
228 determines, on the basis of a traffic engineering and traffic
229 investigation, that slow speeds on any part of a highway
230 consistently impede the ?ormal and reasonable movement of
231 traffic, the commissioner or the eitp-menager director of public
232 works may determine and declare a minimum speed limit, to be set
233 forth on signs posted on such highway, below which no person
234 shall drive a vehicle, except when necessary for safe operation
235 or in compliance with law.
236
237 Section 21-363. General authority of ertp-manager director of
23$ public works as to parking.
239
240 (a) Notwithstanding any provisions of this chapter,
241 the eitp-ffarmger director of public works is hereby authorized,
242 when in his judgment it is in the public interest so to do, to
243 set apart on any of the streets of the city spaces for loading
244 and unloading merchandise, bus stops and other places in which no
245 general parking shall be permitted, and he is further authorized
246 to set aside spaces in which parking time shall be further
247 limited or prohibited. Such action shall not be effective,
248 unless signs or other markings are present, within or near such
249 spaces, so as to apprise an ordinarily observant person of such
250 parking prohibitions or regulations. It shall be unlawful for
251 any person to fail to comply with the requirements of signs or
252 other markings.
253 (b) This section shall not be construed to authorize
254 the eitp-fflt&rtrege-r director of public works to designate parking
255 meter zones or taxicab stands.
256
257 Section 21-367. Angle parking.
258 Notwithstanding any of the provisions of this article,
259 the eitp-rtralrac?r director of public works may, when in his
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260 discretion the public interest so requires, provide for angle
261 parking on any street or portion thereof; provided, however, such
262 streets are marked so as to apprise an ordinarily observant
263 person of the regulation.
264
265 Section 21-373. Manner er of using loading zones.
266 Where a loading or unloading zone has been set apart by
267 the ertp--crta?rrager director of public works in accordance with
268 applicable provisions of this chapter, the following regulations
269 shall apply with respect to the use of such areas:
270 (1) No person shall stop, stand or park a vehicle
271 for any purpose or length of time, other than
272 for the expeditious unloading and delivery or
273 pickup and loading of materials, in any place
274 marked as a curb loading zone during hours
275 when the provisions applicable to such zones
276 are in effect. All delivery vehicles, other
277 than regular delivery trucks, using such
278 loading zones shall be identified by the
279 owner's or company's name, in letters three
280 (3) inches high on both sides of the vehicle.
281 (2) The driver of a passenger vehicle may stop
282 temporarily in a space marked as a curb
283 loading zone for the purpose of, and while
284 actually engaged in, loading or unloading
285 passengers or bundles, when such stopping
286 does not interfere with any vehicle used for
287 the transportation of materials which is
288 waiting to enter or is about to enter such
289 loading space.
290
291 Section 21-374. Manner of using bus stops and taxicab stands.
292 Where a bus stop has been set apart by the eitp-menager
293 director of public works in accordance with the applicable
294 provisions of this chapter or where a taxicab stand has been
295 designated in accordance with section 36-78 of this Code, the
8
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296 following regulations shall apply as to the use thereof: No
297 person shall stop, stand or park a vehicle other than a bus in a
298 bus stop, or other than a taxicab in a taxicab stand, when such
299 stop or stand has been officially designated and appropriately
300 signed, except that the driver of a passenger vehicle may
301 temporarily stop therein for the purpose of, and while actually
302 engaged in, the expeditious loading or unloading of passengers,
303 when such stopping does not interfere with any bus or taxicab
304 waiting to enter or about to enter such zone.
305
306 Section 21-400. Establishment of loading zones, bus stops, etc.,
307 in meter zones.
308
309 The e=tq--ixaxager director of public works may set
310 apart, within the parking meter zones established by this
311 division, spaces for loading zones, bus stops and other places in
312 which no parking by the general public shall be permitted;
313 provided, however, that taxicab stands within such parking meter
314 zones shall be designated as provided in section 36-78 of this
315 Code.
316
317 Adopted by the Council of the City of Virginia Beach,
318 Virginia, on the 4th day of JacLuary , lggg,
319
320 WCB/epm
321 11/20/87
322 CA-02509
323 \ordin\proposed\21-012ETC.pro
siGN;.; uR
PUBLIC WORKS _-_--_- -
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4-j?-,?-? ?-
9
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Itea IV-J.3
CONSENT AGENDA ITEM #E 28616
Unon notion by Councilman Nioss, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-33 0£
the Code of the City of Virginia Beach pertaining
to scalping tickets at public events.
Voting: 11-0
Council Dlembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. rentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClaaan, John D. Mose, Vice 'tAayor
hfeyera E. Oberndorf, Nancy K. Parl-er and John L.
Perry
Council Plenbers Voting Iv'ay:
None
Council i9embers P_bsent:
ii one
,
APr r?
SUrF,,.
. 7?2 $
cr•?;,:???--
3
4
5
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-33 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 23-33. Scalping tickets for public events.
14
15 (a) It shall be unlawful for any person to resell, for
16 profit, any ticket for admission to any sporting event,
17 theatrical production, lecture, motion picture or any other event
18 open to the public for which tickets are ordinarily sold, except
19 in the case of religious, charitable or educational organizations
20 where all or a portion of the admission price reverts to the
21 sponsoring group and the resale for profit of such ticket is
22 authorized by the sponsor of the event and the manaper or owner
23 of the facility in which the event is beinq held.
24 (b) Any violation of this section shall constitute a
25 Class 1 4 misdemeanor.
26
27
28
29
30
31
32
33
34
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 23-33 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO SCALPING TICKETS AT
PUBLIC EVENTS.
Adopted by the Council of the City oE Virginia Beach,
Virginia, on the 4th day of
Jactuary , 1989.
WEB/epm
11/25/87
CA-02513
\ordin\proposed\23-033.pro
-32-
Item IV-J./,.
CONSENT AGENDA ITEM # 28617
Upon motion by Councilrnan t;oss, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance declaring certain EXCESS PROPERTY located
oxi Wood Beach Landing and authorizing the City
Manager to dispose of same.
Voting: 11-0
Council Dlembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. tentress,
Harold Heischober, Barbara N. Henley, Mayor Pobert G.
Jones, Reba S. McClanan, John D. i'ioss, Vice Mayor
Meyera E. OberndorF, IQancy K. Yarker and John L.
Perry
Council Menbers Voting Nay:
:done
Council Alembers Absent:
idone
AN ORDINANCE DECLARING CERTAIT7 PROPERTY
EXCESS AND AUTHORIZING THE CITY MANAGER TO
DISPOSE OF SAME
BE IT ORDAINED BY THE COUNCIL OF 'I'HE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virainia Beach acquired ownership of
the following described property by deed recorded in Deed Book
1018, at page 154, and
WHEREAS, the City Council is of the opinion that the
following described property is in the excess of the needs of the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA;
1. That the following described property is hereby
declared to be in excess of the needs of the City
of Virginia Beach and that the City Manager is
authorized to convey said property in the manner
he deems in the best interest oE the City of
Virginia Beach reserving therein any and all
easements pertaining thereto.
ALL OF THAT certain lot, piece or parcel of
land with the buildings and improvements thereon,
1
and with the appurtenances thereunto belonging,
and located in the City of Virginia Beach,
Virginia, designated and described as the "City
of Virginia Beach D.B. 1018 PG 54" and shown on
the plat entitled "Subdivision Plat of Woodbeach,
Section 2," which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virqinia, in Map Book 168, at
Page 54, and which lot is more particularly
described as follows:
Beginning at a point in the eastern side of
Northampton Boulevard and which point is the
Southwestern corner of the parcel described as
"City of Virginia Beach D.B 1018 PG 54" on the
above mentioned plat (Map Book 168, at paqe 54),
and which point is 152.5 feet North 11° 26' 14"
West along the eastern side of Northampton Boulevard
from the Southwestern corner of Lot 4A as shown on
the "Amended Resubdivision Plat of Lot 4" which plat
is recorded in Map Book 151, at Page 35, in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia; and from thi8 point of
beginning as thus established North 11 26' 14"
West along the eastern line of Northampton
Boulevard a distance of 25.83 feet to a point; and
thence turning and running South 86° 51' 15" East a
distance of 96.05 feet to a point in the western
line of Wood Beach Landing; and thence turning
and runninq along Wood Beach Lancling along the arc
of a curve, which has a radius of 50 feet, an arc
distance of 26.06 feet to a point. which point is at
the Southeastern corner of the parcel described as
"City of Virqinia Beach D.B. lOlE PG 54" as shown on
the above mentioned plat (Map Bock 168, at ?age 54);
and thence turning and running North 86 51' 15"
West a distance of 95.78 feet to the point of
beginning; this parcel fronts 25.83 feet on the East
side of Northampton Blvd. and runs back between
parallel lines to wood Beach Landing (cul-de-sac),
2
however the North and South lines are not
perpendicular to Northampton Blvd.
IT BEING a part of the same property conveyed
to the City of Virginia Beach by Deed dated
July 21, 1967 from the City of Norfolk and
duly recorded in the Clerk's Office of the
Circuit Court oF the City of Virginia Beach,
Virginia, in Deed Book 1018 at Page 154.
2. Any building lot created shall connect to public
sewer and water where available.
3. This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach
4 Janaury
on the day of , 1987.
a:83-518.1
ROVED A?S, TQ ONTENT
? ? c l " `.ut ?rr
DEPARTMENT
3
I A ....,x.It
IN THE MATTER OF DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSF, OF SAME WHICH
PROPERTY IS LOCATED ON WOOD BEACH LANDING
IN VIRGINIA BEACH
P E T I T I O N
T0: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Baymark Construction Corporation, a Virginia
corporation, through counsel, respectfully represents as follows:
1. That the petitioner respectfully applies to the Mayor and
the Council of the City of Virginia Beach for an ordinance
declaring the below described property to be in excess of the
needs of the City of Virginia Beach and to authorize the City
Manager to convey the property to the petitioner in the manner
the City Manager deems in the best interest of the City of
Virginia Beach.
2. That your petitioner owns the parcels on either side of
the below described property. That all three parcels are needed
to create a building site. That none of the parcels have any
utility until joined together.
3. The property your petitioner is asking to be declared in
1
excess of the needs of the City so that he may purchase it is
described as follows:
ALL OF THAT certain lot, piece or parcel of
land with the buildings and improvements thereon,
and with the appurtenances thereunto belonging,
and located in the City of Virginia Beach,
Virginia, designated and described as the "City
of Virginia Beach D.B. 1018 PG 54" and shown on
the plat entitled "Subdivision Plat of woodbeach,
Section 2," which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 168, at
Page 54, and which lot is more particularly
described as follows:
Beginning at a point in the eastern side of
Northampton Boulevard and which point is the
Southwestern corner of the parcel described as
"City of Virginia Beach D.B 1018 PG 54" on the
above mentioned plat (Map Book 168, at page 54),
and which point is 152.5 feet North 11° 26' 14"
West along the eastern side of Northampton BoUlevard
from the Southwestern corner of Lot 4A as shown on
the "Amended Resubdivision Plat of Lot 4" which plat
is recorded in Map Book 151, at Page 35, in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia; and from thi8 point of
beginning as thus established North 11 26' 14"
West along the eastern line of Northampton
Boulevard a distance of 25.83 feet 8o a point; and
thence turning and running South 86 51' 15" East a
distance of 96.05 feet to a point in the western
line of Wood Beach Landing; and thence turning
and running along Wood Beach Landing along the arc
of a curve, which has a radius of 50 feet, an arc
distance of 26.06 feet to a point which point is at
the Southeastern corner of the parcel described as
2
"City of Virginia Beach D.B. 1018 PG 54" as shown on
the above mentioned plat (Map Book 168, at cpage 54);
and thence turning and running North 86 51' 15"
West a di stance of 95.78 feet to the point of
beginning; this parcel fronts 25.83 feet on the Fast
side of Northampton Blvd. and runs back between
parallel lines to Wood Beach Landing (cul-de-sac),
however the North and South lines are not
perpendicular to Northampton Blvd.
IT BEING a part of the same property conveyed
to the City of Virginia Beach by Deed dated
July 21, 1967 from the City of Norfolk and
duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Deed Rook 1018 at Page 154.
4. That no inconvenience will result to any person by reason
of the sale of this property.
5. That the petitioner is the owner by deed of conveyance of
certain rights of reverter formerly held by the City of Norfolk.
Respectfully submitted,
BAYMARK CONSTRUCTION COMPANY
By 0A
?'C?-------
Of Counsel
Gary P. Arsenault, Esquire
Poston, Mercer, Grey & Arsenault
6330 Newtown Road, Suite 324
Norfolk, Virginia 23502
(804) 461-5050
3
THIS DEED, Made this _ day of _______ _,
1987, by and between the CITY OF VIRGINIA BEACH, a municipal
cozporation of the State of Virginia „ party of the first pazt,
and the BAYMARK CONSTRUCTION CORPORATION, a Virginia corporation,
party of the second part, whose principal place of business is
1160 Eaglewood Drive, Virginia Beach, Virginia 23454.
W I T N E S S E T H:
That for and in considexation of the sum of Seven
Thousand Four Hundred Foxty and NO/100 DOLLARS ($7,440.00),
the paxty of the first part does hereby grant, bargain, sell and
convey with SPECIAL WARRANTY, unto the party of the second part
the following described property:
ALL OF THAT certain lot, piece or parcel of
land with the buildings and improvements thereon,
and with the appuxtenances thereunto belonging,
and located in the City of Virginia Beach,
Virginia, designated and described as the "City
of Virginia Beach D.B. 1018 PG 54" and shown on
the plat entitled "Subdivision Plat of Woodbeach,
Section 2," which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia IIeach, Virginia, in Map Book 168, at
Page 54, and which lot is more particularly
described as follows:
Beginning at a point in the eastexn side of
Northampton Boulevard and which point is the
Southwestern corner of the parcel described as
1
ZI'C•8
j-4
"City of Virginia Beach D.B 1018 PG 54" on the
above mentioned plat (Map Book 168, at page 54),
and which point is 152.5 feet North 110 26' 14"
West along the easter? side of Northampton Boulevard
from the Southwestern corner of Lot 4A as shown on
the "Amended Resubdivision Plat of Lot 4" which plat
is recorded in Map Book 151, at Page 35, in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia; and from this point of
beginning as thus established North 110 26' 14"
West along the eastern line of Northampton
Boulevard a distance of 25.83 feet to a point; and
th-=nce turning and xunning South 860 51' 15" East a
distance of 96.05 feet to a point in the western
line of Wood Beach Landing; and thence tuzning
and running along Wood Beach Landing along the arc
of a curve, which has a radius of 50 feet, an acc
distance of 26.06 feet to a point which point is at
the Southeastern corner of the parcel described as
"City of Virginia Beach D.B. 1018 PG 54" as shown on
the above mentioned plat (Map Book 168, at page 54);
and thence turning and running North 860 51' 15"
West a distance of 95.78 feet to the point of
beginning; this parcel fronts 25.83 feet on the East
side of Northampton Blvd. and runs back between
parallel lines to Wood Beach Landing (cul-de-sac),
however the North and South lines are not
perpendicular to Northampton Blvd.
IT BEING a part of the same property conveyed
to the City of Virginia Beach by Deed dated
July 21, 1967 from the City of Norfolk and
duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 1018 at Page 154.
IN WITNESS WHEREOF, the City of Virginia Beach has caused
these presents to be executed in its name on its behalf by
2
)Yeg
A
, City Manager, and its corporate
seal to be hereto affixed and duly attested by Ruth Hodges Smith,
City Clerk, pursuant to Ordinance adopted.
CITY OF VIRGINIA BEACH
By
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
City Manager
"A PROVED A TO?CQNTENT
-? ^ S
-?/ ?? ?
DEPApTMENT
I, , a Notary Public
in and for the City of Virginia Beach in the State of Virginia,
do hereby certify that , City Manager
of the City of Vixginia Beach, whose name as such is signed to
the foregoing Deed bearing date on the day of
, 1987, has acknowledged the same before me in
my City and State aforesaid.
3
fl/c'a
i;
Given under my hand this day of ,
1987.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and
fox the City of Virginia Beach in the State of Virginia, do
hereby certify that Ruth Hodges Smith, City Clerk, of the City of
Virginia Beach, whose name as such is signed to the foregoing
Deed bearing date on the day of ,
1987, have acknowledged the same before me in my City and State
aforesaid.
Given under my hand this day of
1987.
otary Public
My Commission Expires:
File No. 83-518.2
4
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-33-
Item IV-J.S.
CONSENT AGENDA ITEM # 28618
Upon motion by Councilman ivoss, seconded by Councilma.n Heischober, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
fee simple for right-of-i•ray for Baxter Road Project
and the acquisition of temporary and permanent
zasements o£ right-o£-way, either by agreenent or
condemnation.
Voting: 11-0
Council btembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Playor Robert G.
Jones, Reba S. NcClanan, John D. Moss, Vice hIayor
iieyera E. Oberndorf, Plancy K. Parker and John L.
Perry
Council Members Voting iJay:
ATOne
Council tlembers Absent:
Idone
.Tannarvv L_ 1 QRR
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 BAXTER ROAD PROJECT AND THE ACQUISITION OF
4 TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF
5 WAY, EITHER BY AGREEMENT OR CONDEMNATION
6
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Attorney is hereby authorized and
16 directed to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of Virginia of 1950, as amended, all that
19 certain real property in fee simple, including temporary and
20 permanent easements of right of way as shown on the plans
21 entitled "BAXTER ROAD WIDENING AND SANITARY SEWERS CIP NOS. 2-006
22 and 6-964" these plans being on file in the Office of Real
23 Estate, Department of Public Works, Virginia Beach, Virginia.
24 Section 2. That the City Attorney is hereby authorized to
25 make our caused to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 That an emergency is hereby declared to exist and this
31 ordinance shall be in force and eEfect from the date of its
32 adoption.
33 Adopted by the council of the City of Virginia Beach,
34 Virginia, on the Q day of January , 19 88
35
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Item IV-J.6.
CONSENT AGENDA ITEA1 # 23619
Upon motion by Councilman Moss, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize acquisition of property in
£ee simple £or right-of-c•ray for Independence
Boulevard Phase III Project irom Jeanne Street to
Holland Road and the acquisition oP temporary and
permanent easements of right-of-taay, either by
agreement or by condemnation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, Jokm A. I3aum, Robert L. Fentress,
Harold Heischober, Barbara M. Henley, Nayor Robert G.
Jones, Reba S. PAcClanan, John D. itoss, Vice bfayor
ivleyera E. Oberndorf, Nancy K. Par'.ter and John L.
Perry
Council Menbers Voting iday:
Tdone
Council Menbers Absent:
Pdone
.Tann?rv /. 1QRR
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 INDEPENDENCE BOULEVARD PHASE III PROJECT FROM
4 JEANNE STREET TO HOLLAND ROAD AND THE
5 ACQUISITION OF TEMPORARY AND PERMANENT
6 EASEMENTS OF RIGHT OF WAY, EITHER BY
7 AGREEMENT OR BY CONDEMNATION.
8
9 WHEREAS, in the opinion of the Council of the City of
10 Virginia Beach, Virginia, a public necessity exists for the
11 construction of this important roadway to provide transportation
12 and for other public purposes for the preservation of the safety,
13 health, peace, good order, comfort, convenience, and for the
14 welfare of the people in the City of Virginia Beach:
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17 Section 1. That the City Attorney is hereby authorized and
18 directed to acquire by purchase or condemnation pursuant to
19 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
20 89, et seq., Code of Virginia of 1950, as amended, all that
21 certain real property in Eee simple, including temporary and
22 permanent easements of right of way as shown on the plans
23 entitled "INDEPENDENCE BOULEVARD PHASE III PROJECT FROM JEANNE
24 STREET TO HOLLAND ROAD," these plans being on file in the Office
25 of Real Estate Department of Public Works, Virginia Beach,
26 Virginia.
27 Section 2. That the City Attorney is hereby authorized to
28 make our caused to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons having an interest in said lands, if
31 refused, the City Attorney is hereby authorized to institute
32 proceedings to condemn said property.
33 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption.
36 Adopted by the council of the City of Virginia Beach,
37 Virginia, on the 4 day of Janaury , 19 88 .
38
39
40
41
42
43
44
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-35-
Item IV-J.7
CONSIIZT AGEPTDA ITEE;M # 28620
Upon motion by Councilman ;-7oss, seconded by Councilman Heischober, City
Council APPROVED:
Request o£ Ashmore Drive residents for sanitary
sewer service upon veri£ication of 51%
participation.
Voting: 11-0
Council blembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Niayor Robert G.
Jones, Reba S. AicClanan, John D. bloss, Vice Diayor
:9eyera E. Oberndorf, Pdancy K. Parker and John L.
Perry
Council Members Voting :day:
Pione
Council i4embers Absent:
None
T-...,-,,.. / 90AR
-36-
Item IV-K.II.a.
CONSENT AGENDA ITEM r{ 28621
Unon notion by Councilman Moss, seconded by Councilman Heischober, City
Council APPROI/ED:
RAFFLE PERMITS:
Knights o£ Columbus
Voting: 11-0
Couacil I4embers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Playor i3obert G.
Jones, Reba S. McClanan9 John D. Moss, Vice 19ayor
Meyera E. Oberndor£9 Nancy K. Pa.rker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
.Tannarir /.- 1QR9,
-37-
Item IV-if.8.b.
GONSENT AGENDA ITEM i 28022
Upon motion by Gouncilman Moss, seconded by Councilman Heischober, City
Council APPROVED:
RAI'FLE PERMITS:
Virginia Beach General Hospital Auxiliary
Voting: 10-0
Council Niembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, blayor Robert G.
Jones, John D. AIoss, Vice Mayor 1+feyera E. Oberndorf,
:Vancy K. Parker and John L. Perry
Council i,embers Voting D1ay:
Idone
Council A9embers Abstaining:
Reba S. PicClanan VERBALLY ABSTAINED as she is aMember of the
Virginia Beach General ?Iospital 9ur.iliary
Council Menbers Absent:
None
.Tamiarv /- 19RR
-38 -
Item IV-J
CONSENT AGENDA ITEM # 28623
Upon motion by Councilman D1oss, seconded bv Councilman f3eiscnober, City Counci_1
ADOPTED:
Ordinance authorizining License Refunds in the
amount of $5,377•47 upon application of certain
persons and upon certifica.tion ofthe Commissioner
of the Revenue.
Voting: 11-0
Council Plembers Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold .ieischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. NicClanan, John D. Moss, Vice A:ayor
ifeyera E. Oberndor£, Tdancy V. Parker and John L.
Perr3r
Council Members Voting Nay:
None
Council 4IemUers Absent:
None
Janua.rv L.. 1988
FOHM NO. C.A B REV. 3!B6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base penalty Int. Total
Year Paid
Tilmar, Inc. '
T/A Flavor Exchange
5340 Reasors Court
Virginia Beach, VA 23464 1984-86 Audit 301.15 301.15
Certified as to Payment:
Fiobert P. Vaughan
Commissioner of the Revenue
as to 71k zz
l?ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $10 i_ i 5 were approved by the Council
of the City of Virginia Beach on the4_ day of .Tana„ry , 1988
_ .
Ruth Hodges Smith
City Clerk
FORM NO. Cw, e REV. 396
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Aevenue are hereby approved:
NAME ucense Date gase Penalty Int. Total
Year Paid
Russ Cali
T/A Cali Construction Company
3521 Alister Court
Virginia Beach, VA 23462 1986-87
Septembers, Inc.
192 Ballard Court #100
Virginia Beach, VA 23462 1985-86
Stop-N-Save, Inc.
1101 Eaglewood Drive
Virginia Beach, VA 23454 1985-86
Audit 289.57
Audit 865.51
Audit 799.05
Certified as to Payment:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling S1 954 .13 were approved by the Council
of the City of Virginia Beach on the 4 day of Janaury 19
88
289.57
865.51
799.05
Ruth Hodges Smith
Ciry Clerk
?
? Robert P. Vaughan 0
Commissioner of the Revenue
FORM NO. C.A B REV. 3/B6
AN OADINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date gase Penalty Int. Total
Year Paid
Decker Brokerage Co. Inc.
P. O. Box 68293
Virginia Beach, VA 23455
R A W Land Company
228 N. Lynnhaven Road #120
Virginia Beach, VA 23452
1985-86 License 2,150.67
1985-86 Audit 725.00
2,150.67
725.00
Ray Jac Corp.
8241 O'Conner Crescent
Norfolk, VA 23503
1985-87 Audit 246.52
246.52
Certified as to Payment:
obert P. Vaughan V/1r
Commissioner of the Revenue
Approved as to4rm:
1171
? Attorney
This ordinance shall be effective from date of ity
adoption.
The above abatement(s) totaling $3 , 122 . 19 Were approved by the Council
of the City of Virginia Beach on the 4 day of January 19 gg
Ruth Hodges Smith
City Clerk
-39-
Ite,-i IV-K.1
APPOINTICHNTS ITEI1 # 28024
BY COSiSETdSUS, City Council REMOVED FROM THE AGENDA APPOINTMENTS:
FRANCIS LA1dD HOUSE BOARD OF GOVERNORS
.Tannar, / 1 QRR
-40 -
T+.am TT_K_P
APPOINTMr.NTS ITEDi # 28625
Upon S10MINATIOiI by Councilc;an : entress 9 City Council APPOINTED to the TIDEWATEEt
DETENTION HOME:
Judge Thomas F. Betz, Sr.
For a three-year term from 1/1/88 to 12/31/90
Voting: 11-0
Cou.icil Mer.iUers Voting ,'1ye:
4lbert W. Balko, John A. Baur.i, Robert E. lentress,
Harold Heischoher, i3arbara. M. i3enley' Mayor Robert G.
Jones, Reba S. IicClanan, John D. Noss, Vice Ms3or
D'leyera E. Oberndorf' Nancy K. Parker «nci John L.
Pe=y
Council Mer„oers Voting P1ay:
Nane
Council Members Absent:
idone
i 1 aRR
- 41 -
Itent IV-I,.1
UNFINISHED BUSIIIESS IT?:i,i {;` 28625
Vice Mayor Oberndorf re£erenced_ the nzia CONFLICT OF INTEREST LAW and
DISCLOSURE requesting a written opinion froa tize City Attorney relative the
specific areas concerning ABSTENTION and DECLARATIDN of Membership on non-
profit Boards. Vice Mayor Oberndorf requested informatio.n reiative the
appropriate tie!e to ABSTAIid and state when one is a Member of a Board.
r.,.,,,.,..., i I ann
-42-
Item IV-L.2.
UNFIIIISHED BUSINESS ITEEi1 ;` 28627
Counciltiroman Henley requested VOLUNTARY AGREIIMENTS bet;reen ti.e applicant and
the City become a part of the proceedings o£ the i4ITdUiES of the City Council o£
Virginia Beach.
lqlien Agreenents a.re not submittecl with the application and proffers are made by
the applicant at City Councily Members oi City Council never eee the agreement
nor knota their requirements have been documented. Theriore, tha agreenents
drawn after a For;nal Session oF City Council shall be °oriaarded to tne City
Clerlc's Of°ice for inclusion in the appropriate minutes file available ?or
Council review.
T.--..,. / 102P.
-43-
Item IV-,1.1
NEW BUSINESS ITEM # 78628
iJpon motion by Councilwo:nan Henley, seconded by Vice Ma5>or Oberndorf, City
Council RESCHEDIILED the City Council Meeting oi January 18, 1988
(LEE/JACKSON/gING DAY) until Tuesday, Janua'ry 19a 1988•
Voting: 10-1
Couacil Merbers Voting Aye:
Albert W. Balko, John A. Baun, Robert E. Fentress,
Harold heischober, Barbara M. Henley, Niayor Robe-rt G.
Jones, 4eba S. McClanan, Vice P2ayror Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Dlembers Voting ivay:
JoYm D. iNoss
Council I4'embers absent:
None
r.,,,.,.,..,. 1 1 au4
-44-
Item IV-P4.2.
NEW BUSINESS ITED1 r 28629
BY CONSENSUS, City Council wi11 cansider RESCHEDULING of the City Council
Meeting of February 15, 1988 (GEORGE WASHINGTON'S BITHDAY) at the City Council
t+]eeting of January 11, 1988.
.Tannarv /.. 1 QRR
-45-
Item IV-ti.l
ADJOURNMENT
ITFi? /r 28630
Upon motion by Councilman Heiscnober and fiY ACCLAP9ATIOiI, City Council ADJOURIIED
the hteeting at 6:10 P.M.
(:2 ?,..,,60 - 6 l ,CG?..,M..??
Beve y 0. Hooks Me era f . Oberndorf r
Chief Deputy City Clerk Vice i?iayo^
,kuth Hodg sSmith9 CidC bert . nes
i
City Clerk ayor
City of Virginia Beach
Virginia