HomeMy WebLinkAboutDECEMBER 14, 1987 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. JONES, A@ L.@g,
VICE MAYOR MEYEPA E. OBERNDORF, A, L,,,,
A@ERT W. BALKO, L,@@h.@@ B-.gh
JOHN A. BAUM, B-.,h
ROBER7@ E. FENTRESS, V@,gi@i@ B@,,h B,@,h
HAROLD HEISCHOBER, Al L.,g,
BAP,BAPA M. HENLEY, P.., @@,h
REBA S. MCLANAN, P@-, A@@, @-,h
JOHN D. MOSS, K@.,@ill, B,-gh
NANCY K PA@ER, Al @,,
JOHN L PEPRY, B.,.d, @@.gh 281 CITY HAU BUILDING
MUNICIPAL CENTER
A-V I WA-, J., CITY COUNCIL AGENDA VIRGINIA REACH, VIRGINIA 23@56-9002
1. - @i,, A,-, (8M) 427-4303
R- O-. @.Cl@, C,@ C@
DECEMBER 14, 1987
ITEM I. ODUNCIL CONF E SESSION - Cc)nference - 1:00 PM
A. CrrY COUNCIL CCNCERNS
.rrEM II. IINFOPMAL SESSION - Conference - 1:30 PM
A. CALL TO ORDER - Vice Mayor @yera E. CIDerndorf
B. RDLL CAM OF COUNCIL
C. RSCESS TO EXECURIVE SESSION
ITEt4 III. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVWMION: Bishop David @@ight
Church of Jesus Christ of Latter Day Saints
B. P@ OF ALIMIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADDPRION OF ITEt4S FOR THE FOR4AL AGENEA
E. @S
1. INFORMAL & F'ORMAL SESSIONS - Dec@r 7, 1987
F. A"W - Crfy EMPIDYEE RAIL OF FAME
Beverly 0. Hooks - City Clerk's Office
F,onald S. Knowles - Department of PLiblic Wbrks
Sarah V. Mitley - City Tteasurer's office
G. PRESENEATION
1. Interim Financial statement: July 1, 1987 - October 31, 1987
Mr. Giles G. DDdd, Assistant City Manager for Adninistration
H. PUBLIC HEARING
1. PLANNING
a. Ppplication of Mitchell E. Dunbar for the discontinuance,
closure and abandoment of a pc)rtion of Maynard Street
beginning at the intersection of Maynard Strp-p-t and C'Ieveland
Street and running in a South@sterly direction a distance of
180.01 fe-et along the Northem property line and 210.29 feet
along the, ,3outhern property line, containing 6,361 square feet,
(Kempsville Borough).
City Council granted FINAL APPROVAL September 21, 1987;
however, there has been an anendment to the property
description.
Peccmendation: CCNFIPMATION
b. Application of Augusta C. Splegelhof for a variance to Section
4.4(d) of the Subdivision Ordinance pertaining to direct access
to a public street at 224 and 226 83rd Street (Lynnhaven
Borough).
r,eccmendation: APPROVAL
c. Application of MDtor City Associates for the discontinuance,
closure and abandoment of portions of:
Jer7g,ngAvenue on the @st side of I\brth @tchduck Ibad
at a point 60.71 feet Nc)rth of Virginia Beach
Boulevard, containing 867 feet,
AND,
Broad Street beginnim at the intersection with Virginia Beach
Boulevard and running in an Easterly direction a distance of
240.30 feet along the Northern boundary of Broad Street,
variable in width frorn 60 feet to 129.98 feet, containing
10,959 square feet.
Reccmendation: APPROVAL
d. Application of Hi@rd B. and Jean M. snyder for a Cbnditional
Use Pennit for motor vehicle sales and rental at the Southwest
corner of Virginia Beach Boulevard and Yorktown Avenue, (2865
Virginia lbach Boulevard) containing 2.56 acres (Lynnhaven
Borough)
FeccnTnendation: APPROVAL
e. Application of (burthouse ity United I*thodist Church for
a (bnditional Use Permit for a Church on the Northeast side of
Pr:incess Anne Fcad beginnirxj at a point 5000 feet more or less
Northwst of lbrth Landing lbad, 6.4 acres more or less
(Princess Anne Borough).
Recomendation:
f. Application of Mrning Star Baptist Church for a (bnditional
Use Peianit for a Church at the Sc)utheast intersection of
Pleasure House lbad and Northampton Boulevard, containing 1.336
acres (Bayside Borough).
Ibccmmendation: APPROVAL
g. Application of Cene S. Meekins for a Cbnditional Use Permit for
a mtor vehicles sales (expansion) at the South@st corner of
Taskin PDad and Village Llrive, containirig 1.085 acres
(Lynnhaven BoroLigh).
Recamnendation: APPROVAL
h. Application of Kinvael Autmotive, Inc., T/A Ttead Quarters for
a Conditional Use Pemit for an autcincbile repair establishnent
(@unting and balanci@ tires) on the North side of Virginia
Beach Boulevard, 300 feet Vbst of Nortli Great Neck lbad (2336
Virginia Beach ]3oulevard), containing 16,291 square feet
(Lynnhaven BoroLigh).
Recamendation: APPROVAL
i. Application of Hazel S. Oliver for a qo of zoning from R-3
lbsidential District to R-5 Pesidential District on the NC)rth
side of Harris Foint Llrive, 118.77 feet @st of Owinnett Arch,
containing 1.411 acres (Bayside Borough).
Ibccmendation: APPROVAL
j. Application of James W. fblmes for a Change of zoning from I-1
Light Industrial District to B-2 Camunity-Business District at
the Northwest corner of Bonney lbad and Lynnshore I)rive (100
South Lynnshore @ive), containing 2.75 acres (Kempsville
Borough).
Ibccmendation: APPROVAL
k. Application of Virginia Beach Christian Outreach Group, Inc.,
for a Conditional Use Peinit for a group hcme on Lot 40, Oceana
Gardens (1477 Virginia Beach Boulevard), containing 26,671
square feet (Lynnhaven Borough).
Reccmendation: APPROVAL
1. Ppplication of the City of Virginia Beach for a @an of
Zoning frcm B-2 Cmnunity-Business District to P-1 Preservation
District on t@ hbst side of General Booth Boulevard, beginning
at a point 1118 feet North of the intersection of General Booth
Boulevard and Birdneck Ibad, containing 11.44 acres (Lynnhaven
Borough).
Pecomendation: APPROVAL
RESOLLTrIONS/OFtDINANCE
1. lbsolution supporting legislation which will designate property
owned by Marian Manor, Inc. as being EXEMPT frcm State and Imal
taxation.
2. lbsolution requesting the Gmnonuealth of Virginia, @partment of
Gc)rrections, assune costs and operation of the Cc)urt Services Unit
of the Juvenile and @stic P--lations District Cburt.
3. ordinance to AMEND and N the Code of the City of Virginia
Beach, Virginia, by adding Section 16-10.1, pertaining to
certificates of occupancy for certain dwellings.
J. CONSENT AGENDA
All matters listed und(,r the Gonspnt Pgenda are considered in the
ordinary course of business by City Council- and will be enacted by one
motion in the fom listed. If an it,@ is removed frcm the ODnsent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and IN Section 5-31 of the Gode of the
City of Virginia @ach, virginia pertaining to bird sarkctuaries.
2. Ordinance Lipon FIRST READING to APPROPRIATE a $4500 grant from the
Division of Utter Control for t@ tenth year and the expansion of
the C'lean Ccmunity Program.
3. ordinance authorizing the Site Acquisition of real property,
easements, either by agreement or by condemnation, for Great Neck
Point sewr and voter projects (CIPs 6-942 and 5-022).
4. Ordinance to authorize and direct the City Manager to execute a
cost participation agreements:
a. Corporate Woods (Kernpsville Borough) se@r projects (CIP 6-
316).
b. Broad Meadowm Shoppes (Bayside Borough) water projects (CIP 5-
979)
c. Ibck Creek Phase 5 (Kempsville Borough) water projects (CIP 5-
306)
5. Ordinances authorizing license refunds in the anount of $5,350.55.
K. UNFINISBED BUSINESS
L. NEW BUSINESS
M. ADJOURNMERR
CITY COUNCIL SESSIONS
DECEMBER 28, 1987
MWFT.T.PD
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 14, 1987
The COUNCIL CONCERNS SFSSION of the VIRGINIA BEACH CITY COUNCIL was called
to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall
Building, on Monday, December 14, 1987, at 1:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
Mayor Robert G. Jones was ATTENDING the NATIONAL
LEAGUE of CITIES CONFERENCE in Las Vegas, Nevada.
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C 0 N C E R N S 0 F T H E V I C E M A Y 0 R
ITEM # 28480
Vice Mayor Oberndorf requested the City Manager and City Staff investigate the
proposals for the Stormwater Run-off Ordinances specifically the area in
Kempsville, still undeveloped, adjacent to a Lake, which residents in the
neighborhood are extremely concerned with its protection.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
1TV-M # 28481
The C4-ty Manager AN14OUNCED the BREAKFAST with the General Assembly Delegation
is SCHEDULED for Wednesday, December 16, 1987, 7:30 A.M., at the PAVILION.
ITEv, # 28482
The City ilanager advised there a-e two PUBLIC HEARINGS SCHEDULED for
advertising concurrent with the ADOPTION OF THE LEGISLATIVE PACKAGE. Two of
these PUBLIC HEARINGS will be advertised for the City Council Meeting of
JanuarY 4, 1987. This will enable the PUBLIC HEARINGS required for Charter
Changes to occur prior to the deadline for submission to the General Assembly.
The two Charter Changes, which will be advertised, are Funding for Courts
Building and Iand Transfer fees. The General Assembly might require general
legislation for these items; however, they might want same handled as Charter
Change items. The PUBLIC HFARINGS afford the City greater flexibility
IT:,]!,i # 28483
The City Manager advised the @'-ssue is before the State Council of Higher
Education relative the OLD DOMINION UNIVERSITY GRADUATE CENTER in Virginia
Beach. ODU has requested the City Council support this i-tem.
ITFI,4 # 28484
During the INFORMAL SESSION of the City Council December 21, 1987, the City
Council iiill be filmed for iiclusion in the video presentation of the City's
Annual Report.
ITE24 # 28485
Councilman Baum referenced Chesapeake's Ordinances related to Dog Licenses. On
certain occasions tliese dogs can be vaccinated for Rabies, @ihich is basically
all that is required to obtain a dog license from the Treasurer's Office in
Chesapeake. Councilman Baun requested informat4 on relative the intent of
Virginia Beach's law. There should be some place vthere dcgs can be vaccinated
without necessaril,r going to a veterinarian
Vice Mayor Oberndorf advised she believed the intent of the Ordinance was to be
assured the dogs were vaccinated against Rabies, but then Mr. Atkinson's clerks
refused to accept anything other than a veterinarian's written statement that
the dog had been vaccinated.
ITD4 # 28486
Councilman Balko advised his receipt of approximately a dozen telephone calls
relative "high jacker trucks". This is a State Law of which many trucks are in
violation. Councilman Perry advised some automobiles were also not adhering to
this Law. The City llanager advised he would prepare a report to City Council
relative enforcement efforts concerning "high rider trucks".
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEPI # 28487
Councilwoman McClanan advised during the last CZO WORKSHOP, there was
discussion relative Chesapeake's Subdi-vision Ordinance: An Ordinance Amending
Chapter 25 of the Chesapeake City Code, Entitled "Subdivisions," By modifying
Sect"ons 25-8(c) and 25-10(e) and adding a new section 25-21.1, prov@@ding for
the preservation of i*.,Iatural Features and Ameiiit'les such as Trees, Ilatercourses
etc., and Droviding for the showing of such @leatures on certaiii Preliminary and
Fina,l Subdivision Plats. (Copies of same will be forward-ed to I,,@ei-@ibers of City
Councl-1 and are hereby made a part of the record.)
ITE.14 # 28488
Councilwoman !4cClanan advised whether there was a specific plan of action
relative the COMPRFHENSIVE ZONING ORDINANCE and should the HMP (Henley,
McClanan and Parker) Committee be involved.
Vice Mayor Oberndorf advi-@ed Mayor Jones was interested i'l having the IZIP
Committee develoo guidelines a private consulting firm would utilize il
evaluatin,@ the Cb-@4PREHE14SIVE ZONING ORDINANCE.
The City Maaager advised there will be one additional CZO WORKSHOP, and the HMP
Committee would then peruse the items contained therein which needed further
discussion and then determine whether or not this should proceed internally
@iitli the City Council or a Consultant might be required. If a Consultint was
required, possibiy the HMP Committee could develop the scope of work.
ITEM 'wi 28489
Couiicilman Fentress advised the possibility o@@ legislation i,'Itroduced in the
General Asoenibly relative State tul-tion gre-nts for the in@-litary and requested
the City Stal@f research this area to deterinine whether this City Council should
support this action. Probably the liumber One industry in Virginia is military.
Counciliian Baum requested a check list reflectin., the advantages and
disadvantages.
ITEM # 28490
Councilmari Heischober advised Virginia Beach is in tlie top Fifty cities in the
@ation aa depicted in the publicati-on CITY & STATE (public financial magazine)
and iii a weighted average, twenty-third position. Probably the stroligest
support is the percentage of t'@le ending balance to the City's total revenue.
The City is in the top "5" in this particular instance.
ITE@'4 # 28491
The City Manager advised of his receipt of cails from several Council Members
relative the applicatioii of Virginia Beach Christian Outreach Group, Inc., for
a Conditional Use Perrqit for a group hole on Lot 40, Oceana Gardens (1477
V'Irg-@Iiii-a Beaci@ Boulevard), containing 26,671 square feet (Lynnhaven Borough).
(See IteTg TI I_ll . 1 -he
k o@@ @ PLANNI,@IG AGENDA). These calls were related to
inspection el-forts and fire prevention, et cetera. T'ie City @lanager advised he
had @,iritten in"orration relati-ve these inquiries.
ITEM i'i 28492
Councilman Perry advised Councilman Baum had been NOMINATED for the OUTSTANDING
Forester by the Virginia Dare Soil and Conservation Association.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28493
Councilwoman McClanan further referenced the appiication of VIRGINIA BEACH
CHRISTIAN OUTRKACH GROUP for a Conditional Use Permit and inquired as to the
reason it was expedited. Councilman Balko and the City Manager advised this had
been portrayed as a non-controversial item. Councilman Balko advised the City
Manager had inquired if he would have any problem expediting this item and he
stated that he did not.
ITEM # 28494
The City Manager advised there were four (4) items EXPFDITED. The COURTHOUSE
COMMUNITY UNITED METHODIST CHURCH has been extremely patient in their dealings
with the City
ITEM # 28495
Vice Mayor Oberndorf advised the following applications were considered CONSENT
by the PLANNING COWIISSION: Augusta C. Splegelhof, Motor City Associates,
Fdward B. and Jean M. Snyder, Courthouse Community United Methodist Church,
Morning Star Baptist Church, Gene S. Meekins, Kimmell Automotive, Inc., T/A
Tread Quarters, Hazel S. Oliver and James W. Holmes.
ITEM # 28496
Councilwoman McClanan referenced the application of Fdward B. and Jean M.
Snyder for a Conditional Use Permit for motor vehicle sales and rental at the
Southwest corner of Virginia Beach Boulevard and Yorktown Avenue, (2865
Virginia Beach Boulevard) containing 2.56 acres (Lynnhaven Borough) (See Item
III-H.I.d of the PLANNING AGENDA). Councilwoman McClanan wished to add a
condition to this item relating to buffering.
ITEM # 28497
Councilman Moss referenced application of James W. Holmes for a Change of
Zoning from trict
at the Northi shore
Drive), conti f the
PLANNING AGE site
plan.
ITEM # 28498
Councilman Fentress advised there were incorrect Cover Sheets on two of the
PLANNING ITEMS depicting incorrect votes (K L AUTOMOTIVE, ING.
AND VIRGINIA BEACH CHRISTIAN OUTREACH GROUP, INC.
ITEM # 28499
Councilman Moss referenced the application of Mitchell E. Dunbar for the
discontinuance, closure and abandonment of a portion of
beginning at the intersection of Maynard Street and Cleveland Street and
running in a Southwesterly direction a distance of 180.01 feet along the
Northern property line and 210.29 feet along the Southern property line,
containing 6,361 square feet, (Kempsville Borough). On September 21, 1987,
City Council closed the above-referenced street. Councilman Moss was curious as
to the reasons during the site plan review process, one of the adjoining
property owners refused to execute the appropriate subdivision plat.
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ITEM # 28500
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Monday, December 14, 1987, at 1:35 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
Mayor Robert G. Jones
- 7 -
ITEM # 28501
Vice Mayor Meyera E. Oberndorf entertained a m,ti,n to permit City Council to
conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body. Specific items of business on the City Council agenda that may be
discussed in executive session are the following: I-l.a.
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice @layor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
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F ORM A L S E S S ION
VIRGINIA BEACH CITY COUNCIL
December 14, 1987
2:15 P.M-
Vice Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hail Building, on
Monday, December 14, 1987, at 2:15 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
Mayor Robert G. Jones
INVOCATION: Bishop David Wright
Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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ADOPTION OF ITEMS
Item III-D.l. ITEM # 28502
Vice Mayor Oberndorf referenced a Resolution supporting legislation which
will designate property owned by Marian 14anor, Inc. as being T from
State and Local texation. (See Item III-I.1 of RESOLUTIONS/ORDINAI@CE.)
This item will be brought forward on the AGENDA to DEFER until the City
Council Meeting of December 21, 1987, thus enabling advertising for a
PUBLIC HEARING.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on
this particular item be recorded as a VERBAL NAY.
- 10 -
Item IV-E.1
MINUTES ITEM # 28503
Upon motion by Councilman Heischober, seconded by Councilman Moss, City
Council APPROVED tl,.e MINUTES of the INFORMAL & FORMAL SESSIONS of December 7,
1987, as AMENDED and CORRECTED:
Councilman Balko referenced Item # 28454, Page 23, Application of LESTER E.
WILLIAMS for a Variance to Section 4.4(d) of the Subdivision Ordinance
pertaining to direct access to a public street.
The Condition shall be AMENDED to state:
1 . A 3E) f-oot private &eeeaa A:ngi-eae,legpeee ea@
@il@
E. lia@ bile t@gal: ii6@@
@tiuwn on tlie plaz exnloltea
bf,i, d@b@.
-th-the- -Git7 -01@ - t@-
p@vu S.
1. The applicant shall connect his easement to the
30-foot private road adjacent to his property and
not to the public street connecting to the 30-foot
private road.
Page 10, ITEM # 28443, MINUTES of November 23, 1987 and November 30, 1987.
The following shall be corrected to insert Vice Mayor Oberndorf's statement:
Upon motion by Vice Mayor Oberndorf, seconded by Councilrflan Fentress, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of November 23,
1987, and the JOINT SESSION WITH SCHOOL BOARD AND PUBLIC HEARING of November
30, 1987. Vice Mayor Oberndorf advised as a part of the motion Councilwoman
Parker's concern be reflected to include the fact that the intent of A
Resolution requestinr the Board of Zoning Appeals to Affirm the Determination
for the Zoning Administrator Pertaining to the Need for Variances for the
Relocation of Certain Billboards Located on Virginia Beach Boulevard (ADOPTED
@y City Council on November 23, 1987), was not to Rive blanket approval of any
variances, but that it would be idursued, if necessary, further by the City
staff on behalf of the City Council,
Councilwoman Parker further referenced and advised, the OPPOSITION had not been
listed in the MINUTES relative the Public Hearing of a Proposed Charter Change
pertaining to nonconforming signs and billboards. A CORRECTED copy of this
page is hereby made a part of the proceedings for City Council to insert in
their MINUTES of December 7, 1987:
ITEM # 28446, page 13, PUBLIC HEARING: Proposed
Charter Change to AMEND Section 2.02 of the Code
of the City of Virginia Beach pertaining to
nonconforming signs and billboards.
Item III-E.1
MINUTES ITEM # 28503 (Continued)
The following spoke in OPPOSITION of the Proposed
Charter Change.
Jerry Llaneza, Virginia Natural Gas - 5100 Virginia
Beach Boulevard East, Norfolk 23502, Phone: 446-
5520, Chairman for Local Issues and Ordinances
Committee of the Hampton Roads Chamber of
Commerce, and presented a statement to City
Council. (Said Statement is hereby made a part of
the record.)
Stan Stollings, 2432 Bluecastle, Phone: 486-3412,
Principal of Cardinal Sign Company.
Laura Zambardi, 2852 Shearwater Cove Phone: 340-
9046, represented Adar-,s Outdoor Advertising.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 12 -
Item III-F.l.
AWARDS ITEM # 28504
Vice Mayor Meyera E. Oberndorf PRFSENTED RESOLUTIONS to City Employees inducted
into the VIRGINIA BEACH CITY HALL OF FAME:
Sarah V. Whitley City Treasurer's Office
Ronald S. Knowles Department of Public Works
Beverly 0. Hooks - City Clerk's Office
These Employees were recognized for their outstanding efforts and contributions
to the City of Virginia Beach. These employees have been nominated and selected
by their fellow City employees.
- 13 -
Ite@@ III-G.l.
PRESENTATION ITEI@ # 28505
BY CONSENSUS, City Council RFSCHEDULED the PRESENTATION of the INTERIM
FINANCIAL STATEMENTS: July 1, 1987 - October 31, 1987, by Giles G. Dodd,
Assistant City Manager for Administration.
- 14 -
Item III-H.
PLANNING ITE14 # 28506
Vice Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
a. MITCHELL E. DUNBAR CONFIRMATION - STREET CLOSURE
b. AUGUSTA C. SPIEGFJHOF VARIANCE
c. MOTOR CITY ASSOCIATES STREET CLOSURE
METHODIST CITURCH
d. EDWARD B. AND JEAN M. SNYDER CONDITIONAL USE PERMIT
e. COURTHOUSE COI%MIITY DIIITED METHODIST CONDITIONAL USE PERMIT
f. MORNING STAR BAPTIST CHURCH CONDITONAL USE PERMIT
g. GENE S. MEEKINS CONDITIONAL USE PERMIT
h. KIWEL AUTOMOTIVE, INC. T/A TREAD QUARTERS CONDITIONAL USE PERMIT
i. HAZEL S. OLIVER CHANGE OF ZONING
j. JAMES W. HOLMES CHANGE OF ZONING
k. VIRGINIA BEACH CHRISTIAN OUTRF.ACH GROUP, CONDITIONAL USE PERMIT
ING.
1. CITY OF VIRGINIA BFACH CHANGE OF ZONING
1 5
Ttem III-H.l.a.
PUBLIC HEARING
PLANNING ITEM # 28507
Samuel Kroll, Clark & Stant, P.C., Sovra-Ti Building, One Columbus Center, Phone:
499-8800, represented the applicant and agreed to the DEFERRAL.
Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council
DEFERRED one week until the City Council Meeting of December 22, 1987,
CONFIRMATION of the the discontinuance, closure and abandonment of a portion of
Maynard Street in the application of MITCHELL E. DUNBAR. This DEFERRAL will
allow the Directors of Planning and Public Works to confer with the City
Attorney as it appears only one-half of the street will be closed as opposed to
the original intent in the FINAL APPROVAL on September 21, 1987.
Application of Mitchell E. Dunbar for the
discontinuance, closure and abandonment of a
portion of @laynard Street beginning at the
intersection of Maynard Street and Cleveland Street
and running in a southwesterly direction a distance
of 180.01 feet along the northern property line and
210.29 feet along the southern property line. Said
parcel contains 6,361 square feet. KEMPSVILLE
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 16 -
Item III-I.l.b.
PUBLIC HEARING
PLANNING ITEM # 28508
Ashton Pully, 500 Pacific Avenue, Phone: 428-3737, represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
APPROVED the application of AUGUSTA C. SPIEGELHOF for a Variance to Section 4.4
(d) of the Subdivision Ordi-nance pertaining to direct access to a public street
at 224 and 226 83rd Street.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Augusta C. Spiegelhof.
Property is located at 224 and 226 83rd Street.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
1 7
Iter.q III-H. 1 . c.
PUBLIC HEARING
PLANNING ITEM # 28509
Attorney Charles Salle, 192 Ballard Court, Phone: 490-3000, represented the
applicant
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council DEFERRED for Compliance of Conditions until the City Council Meeti-'Ig of
June 20, 1988, an Ordinance upon application of MOTOR CITY ASSOCIATES for the
discontinuance, closure and abandonment of portions of Jersey Avenue and Broad
Street.
Appiication of Motor City Associ-ates for the
discontinuance, closure and abandonment of a
portion of Broad Street beginning at the
intersection with Virginia Beach Boulevard and
running in an easterly direction a distance of
240-30 feet alon.@ the northern boundary of Broad
Street. Said parcel is variable in width @rom 60
leet to 129.98 feet and contains 10,959 square
feet. BAYSIDL, BOROUGH.
The following conditions shall be required:
1. Dedication of a utility easement as deternined by
the Department of Public Utilities over the water
line that lies within the portion of Broad Street
to be closed.
2. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as, to insure that
all lots have access to a public street.
3. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office
4. Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
A N Dy
- 13 -
Item III-H.l.c.
PUBLIC HEARING
PLANIiING ITLT4 # 28509 (Continued)
Application of Motor City Associates for the
discontinuance, closure and abandonment of a
portio,i of Jersey Avenue located on the east side
of North Witchduck aoad beginning at a point 60.71
feet north of Virginia Beach Boulevard. Siad
parcel contains 867 square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Dedication of a utility easement as determined by
the DepL,.rtnent of Public Utilities over tlie water
line that lies within the portion of Broad Street
to be closed.
2. Resubdivision of the property and vacation of
internal lot lines to incorporate the closed area
into adjoining parcels, as well as, to insure that
all lots have access to a publi-c street.
3. The ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance,
subject to determination by the City Attorney's
Office
4- Closure of the right-of-way shall be contingent
upon compliance with the above stated conditions
within 180 days of the approval by City Council.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, @'aobert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. l@loss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
Joh-,l L. lerry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Mayor Robert G. Jones
Item III-H.l.d.
PUBLIC HEARING
PLANNING IT@l # 28510
Attorney Andrew Fine, 6810 Ocean Front, represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of EDWARD B & JEAN M. SNYDER for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF EDWARD B. & JEAN M.
SNYDER FOR A CONDITONAL USE PERMIT FOR MOTOR
VEHICLE SALES AND RENTAL R012871096
BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Edward B. & Jean M.
Snyder for a Conditional Use Permit for motor
vehicle sales and rental at the southwest corner of
Virginia Beach Boulevard and Yorktown Avenue. Said
parcel is located at 2865 Virginia Beach Boulevard
and contains 2.56 acres. Plats with more detailed
information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. Landscaping, buffering and general rejuvenation of
the property.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of December, Nineteen Hundred and Eighty-seven.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, l@ancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 20 -
Item III-H.l.e.
PUBLIC HEARING
PLANNING ITEM # 28511
Reverend Bruce D. Tuttle, 3205 Monet Drive, Phone: 427-3272, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon appl;-cation of COURTHOUSE COMMUNITY TRIITED
METHODIST CHURCH for a Church.
ORDINANCE UPON APPLICATION OF COURTHOUSE GOI@ff4UNITY
UNITED METHODIST CHURCH FOR A CONDITIONAL USE
PEP&IIT FOR A ',.IIURCH R012871097
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Courthouse Community
United Methodist Church for a Conditional Use
Permit for a church on certain propert,@ located on
the northeast side of Pri-@icess Anne Road beginning
at a point 5000 feet more or less northwest of
North Landing Road. Said parcel contains 6-4 acres
more or less Ilats with more detailed information
are available in the Department of Planning.
PRIIICESS AN14E BOROUGll.
The following conditions shall be required:
1. Permanent access shall be ol-@- the proposed four (4)
lane undivided collector road. No permanent curb
cut on Princess Anne Road will be allowed. Only
temporary access will be allowed on Princess Anne
Road. The number and location of the curb cuts on
the proposed four (4) lane undi-vi-ded collector road
will be addressed at site plan review.
2. The access road shall be landscaped and buffered.
3. The utilizatioi o@@ best manager@ient practices for
co,itrolling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
This Ordinance shall be effective upon the date o@@ adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
F'ourteenth day of December, iiineteen Ilundred and Eighty-seven.
- 21 -
Item III-H.l.e.
PUBLIC HEARING
PLANNING ITEM # 28511 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 22 -
PUBLIC HEARING
PLANNING ITEM # 28512
The following registered in support of the application but did not speak:
Henry Venning, 4720 First Court Road
C. H. Williams, 219 Elm Avenue
Upon moti-on by Councilman Perry, seconded by Councilman Heischober, C-1@-ty
Council ADOPTED an Ordi-nance upon application of MORNING STAR BAPTIST CHURCH
,or a Conditional Use lerm4-t:
ORDINAN'@E UPON APPLICATION OF TRUSTEES OF MORNING
STAR BAPTIST CHURCH FOR A CONDITONAL USE PERMIT FOR
A CHURCH R012871098
BE IT HEREBY ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIR'@INIA
Ordinance upoii application of Trustees of Morning
Star Baptist Church for a Conditional Use Permit
for a church on certain property located on the
southeast intersection of Pleasure l@louse Road and
Northampto,i Boulevard. Said parcel conta,ins 1.336
acres. Plats with more detailed information are
available in the DepartTqent of Planning. BAYSIDE
BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council o@' the City of Virginia Beach, Virginia, on the
Fourteenth day of December, Nineteen llundred and Eighty-seven.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. @arker and Jolin L. Perry
Council Members Voting Nay:
:,'one
Council Members Absent:
Mayor Robert G. Jones
- 23 -
Item III-H.l.g.
PUBLIC HEARING
PLANNING !TE',l # 28513
Gene S. Meekins, the applicant, represented himself
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of GENE S. MEEKINS for a Conditiolial
Use Permit.
ORDIi@ANCE UPON APPLICATION OF GENE S. 1)@EEKINS FOR A
CONDITIOITAL USE PERMIT for MOTOR VEHICLES SALES
(expansion)RO12871099
BE IT HEREBY ORDAINED BY @-HE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Gene S. ',Ieekins for a
Conditional Use Permit for motor vehicle sales
(expansion) ol certain property located at the
southiiest corner of Laskin Road and Village Drive.
Said parcel contains 1.085 acres. Plats wi-th more
detailed information are available in the
Department of Planning. @,YNNHAVEN BOROUGH.
The following condition shall be required:
1. One parking space for every 900 square feet of the
pi-oposed building area must be provided in addition
to the existing parking.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, oli the
Fourteenth day of December, Nineteen Hundred and Eighty-seven.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
14cClanan, John D. Moss, Vice I'layor Meyera E.
Oberndorf, Nancy K. Parker and Joh-'l L. Perry
Council Members Voting l@ay:
None
Council Me@@bers Absetit:
Mayor Pobert G. Jones
- 24 -
Item II-H.l.h.
PUBLIC HEARING
PLANNING ITEM # 28514
Julian Keith, Assistant Division Manager - Kimm-el Automotive, Inc. T/A Tread
Quarters, represented the applicant
Upon motion by Councilman Balko, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of KIMMELL AUTOMOTIVE, INC.,
T/A TREAD QUARTERS:
ORDINANCE UPON APPLICATION OF KIMMEL AUTOMOTIVE,
INC., T/A TREAD QUARTERS FOR A CONDII-ONAL USE
PERt4IT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT
(mounting & balancing tires) R012871100
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Kimmell Automotive
Inc., T/A Tread Quarters for a Conditional Use
Permit for an automobile repair establishment
(mounting & balancing tires) on the north side of
Virginia Beach Boulevard, 300 feet west of North
Great Neck Road. Said parcel is located at 2336
Virginia Beach Boulevard and contains 16,291 square
feet. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. No outside storage of tires shall be permitted.
2. Applicant shall comply with the City sign
ordinance.
3. No trailers shall be parked on the property.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of December, Nineteen @,iundred and Eighty-seven.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 25 -
Item III-H.l.i.
PUBLIC HEARING
PLANNING ITEM # 28515
Attorney R. B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of HAZEL S. OLIVER for a Change
of Zoning.
ORDINANCE UPON APPLICATION OF HAZEL S. CLIVER FOR A
CHANGE OF ZONING FROM R-3 TO R-5 Z012871193
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Hazel S. Oliver for a
Change of Zoning District Classification from, R-3
Residential District to R-5 Residential District on
certain property located on the north side of
Harris Point Drive, 118.7 feet west of Gwinnett
Arch. Said parcel contains 1.411 acres.Plats with
more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Prior to the changing of the official zoning maps, the following condition
shall be required:
1. A 5-foot right-of-way dedication is required along
Harris Point Drive in order to establish a 60-foot
right-of-way.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of December, Nineteen Hundred and Eighty-seven.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council I-lembers Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 26 -
Item III-H.l.j.
PUBLIC HEARING
PLANNING ITFIA # 28516
Attorney R. B. Cromwell, Pemb-oke One, Phone: 499-8971, represented the
applicant
James W. Holmes, the applicant, advised the majority of the 2-1/2 acres is
paved and the application is adjacent to the Norfolk & Southern Railroad. The
Landscaping will replaced in front of the building.
Upon motion by Couyicilman Moss, secondp-d by Council,.nan Balko, City Council
ADOPTED an Ordinaiice upon application of JAMES W. HOLMES for a Change of
Zoning:
ORDII@AliCE UPON APPLTCATION OF JAIIES W. HOLMES FOR A
CHANGE OF ZORING FROM 1-1 TO B-2 Z012871194
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY 01' VIRGINIA BEACH, VTRGINIA
Ordinance upon applicat@@on of James W. ffolmes for a
Change of Zoninp,, District Classification from I-I
Light Industrial District to B-2 Community-Business
District on certain property located on the
northwest corner of Bonney Road and Lynnshore
Drive. Said parcel is located at 100 South
Lynnshore Drive and contains 2.75 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH
The following conditi-o-,is shall be required:
1. Compliance with the Landscape Ordinance and Parking
Lot Ordinance
2. 5-foot (5') green space with planting of red
Photinia at the side and facing the fence Pild
retaining ,iall (Bonney Road side). Landscaping to
improve the aesthetics of the property.
3. Ciderblock retaining wall along the sidewalk on
Bonney Road shall be repaired.
Prior to the changing of the official zonin., r@iaps the following condition must
be met:
4. An accurate physical survey, drawn to scale, must
be submitted to the Plannin., Department showing all
existing structures. All outbuildings violating
the setback requirements ol- the B-2 CoTqmunity-
Business Distri.ct must be removed. Verificati-on
must be provided to the Planning Departmeit.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of December, Iiineteen Hundred and Eighty-seven.
- 27 -
Item III-H.l.j.
PUBLIC HEARING
PLANNING ITEM P, 28516 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 28 -
Item III--a.l.k.
PUBLIC HEARING
PLANNING IT&I # 28517
Attorney A. Joseph Canada, 1062 LaslEin Road, 422-8833 represented the applica-'It
and advised the facility wi-11 be utilized as a group liome. The facility will
have a full-time and part time Director. There will be sonieone on the
premises at all times. Attorney Canada referenced letters from Hector A.
Rivera, Assistant City Manager for Hurlan Services, and Fr8-ncis Elrod, Director
of Social Services, in support of the concept.
Richard H. Powell, Jr., 209 53rd Street, President of the Virginia Beach
Christian Outreach -.rouD, Inc., represented the applicant and distributed a
STATEME-NT OF PURPOSE and a list of Member Churches (Said documeiats are hereby
made a part of the record). Richard Powell advised, at the present time,
there are no paid employees, all are volunteers, as well as Attorney Canada.
There would be a maxinum eleven (11) individuals including a staff person viho
shall reside in the existing structure.
Sam Houston, Sr., 946 Oriole Drive, spoke in support ol- the facility
Dr. John Sullivan, Director of Partners, Ordained Minister and Trained
Counselor, will supervise the Screening of possible residenls.
Reverend John Jordan, Pastor of Galilee ETDiscopal Church
OPPOSITION:
Attorney Williera C. Bischoff, Oiia Columbus Center, Phone: 490-6000, represented
120 Oceana Gardens Zesidents and Property Owners. A list of these
aforementioned property owners was distributed to City U-ouncil and is hereby
made a part of the record. Attorney Bischoff was concerned with the
individuals turned away from the Group Home, as they will be left out on the
street in Oceana Gardens.
Reverend Jeroine C. Ross, 310 North Birdneck Road, Phone: 422-5048, represented
Mount Olive Baptist Church and President of the Virginia Beach Ministers
Forum, vias not so much opposed to the concept as to the procedure and
logistics of same. Reverend Ross did not believe the cliurches in the vicinity
were accurately contacted and oroperly informed. Reverend Ross did not receive
follow-up information or a thorough discussion of this matter in order to
notify the other churches i-'l the area.
E. George Minns, 928 Lamplight Lane, Phone: 468-6479, @lanaging Publisher -
Community Bulletin Ilewspaper, distributed a copy of a statement itemizing the
reasons for DE14YING said application. (Said coidy is hereby made a part of the
record.)
Upon Piotioii by Councilman Balko, seconded by Councilman Perry, City Courcil
DENIED an application of VIRGINIA BEACH CHRISTIAN OUTRKAGH GROUP, INC. for a
Conditional Use Permit:
ORDI14ANCE UPON APPLICATION OF VIRGIIIIA BEACH
CHRISTIAN OUTREAC',L GROUP, INC. FOR A COliDITIONAL
USE PERMIT FOR A GROUP HOME
Ordi-nance upon application of Virginia Beach
Christian Outreach Group, Inc., for a Conditional
Use Permit --or a group hoi'le on Lot 40, Oceana
Gardens. Said Darcel is located at 1477 Virginia
Beach Boulevard and contains 26,671 square feet.
LYITNHAVE@ll BOI@OUGH.
- 29 -
Item III-H.l.k.
PUBLIC HEARING
PLANNING ITEM # 28517 (Continued)
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Feba S. McClanan, John D. Moss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
Robert E. Fentress
Council Members Absent:
Mayor Robert G. Jones
- 30 -
Item III-H.1.1.
PUBLIC HEARING
PLANNING ITEM # 23518
Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council
ADOPTED an Ordinance upon application of the City of Virginia Beach for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 TO P-1 Z012871195
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia
Beach for a Change of Zoning District
Classification from B-2 Community-Business District
to P-1 Preservation District on certain property
located on the west side of General Booth
Boulevard, beginning at a point 1118 feet north of
the intersection of General Booth Boulevard and
Birdneck Road. Said parcel contains 11-44 acres.
More detailed information is available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. The utilization of best management practices for
controlling storm water runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fourteenth day of December, Nineteen Hundred and Eighty-seven.
Councilman Fentress inquired if the City is leasing the property, did the City
have the right to change the zoning to P-1 without the State's approval or
without a public hearing. Councilwoman McClanan advised the City is returning
the application to its original zoning.
The City Manager advised it is important this application be handled
expeditiously, and as same involves land acquisition processes, the City
Manager requested same be discussed during an EXECUTIVE SESSION
- 31 -
Item III-H.1.1.
PUBLIC HEARING
PLANNING ITE14 # 28518 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice l@ayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 32 -
Item III-I.l.
RESOLUTIONS/ORDINANCE ITEM # 28519
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
DEFERRED and SCHEDULED advertising of a Public Hearing for the City Council
Meeting of December 21, 1987:
Resolution supporting legislation which will
designate property owned by Marian Manor, Inc. as
being from State and Local taxation.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 33 -
Item III-I.2.
PUBLIC HEARING
PLANNING ITEM # 28520
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED, subject to the recommendation of the City Staff and the report
dated November 9, 1987:
Resolution requesting the Commonwealth of Virginia,
Department of Corrections, assume costs and
operation of the Court Services Unit of the
Juvenile and Domestic Relations District Court.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach, Virginia
desires that the Commonwealth of Virginia, Department of Corrections,
assume the operation of the Court Servi-ces Unit of the Juvenile and
Domestic Relations District Court; and
WHEREAS, the Council of the City of Virginia Beach, Virginia,
has consulted with the Chief Judge of the Juvenile and Domestic
Relations District Court as required by law.
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Virginia Beach, Virginia, pursuant to Section 16.1-235(A) of the
Code of Virginia, hereby requests the Commonwealth of Virginia,
Department of Corrections, to assume operation of the Court Services
Unit of the Virginia Beach Juvenile and Domestic Relations District Court,
effective July 1, 1988.
BE IT FURTHER RESOLVED that the State should provide this
funding at a level which maintains the same quantity and quality of
services to the citizens of Virginia Beach that they currently experience.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14 day of 1987.
- 34 -
Item III-I-3
RFSOLUTIONS/ORDINANCE ITEIM # 28521
The following spealcers spoke in OPPOSITIOTI:
James B. Reedy, 4605 Revers Drive, Phone: 495-5595, represented Detect -',Iome
Inspection Service, and advised the nain concern was the Ordinance will give
the homebuyer and seller a false sense of security relative the condition of
the property. James Reedy distributed information relative Detect Inspection
Service (Said informat4@on is hereby ,-qade a part of the record.)
Len P. Marino, 2249 Sandy Woods Lane, Phone: Z,27-3007, represented the Hunt &
Peck System and advised the difference between a housing or environmental
inspection, a building inspection and the tasl,- of the pro,-essional home
inspector. The first two serve the co,-qmur@ity. A pro@@essional home inspection
serves the individual, directly hired to perforrq a particular ho,.ie inspection
generally by the purchaser.
Doug Dowdy, 1324 Kemspville Road, Phone: 467-7328, President of the Hoinebuyers
Inspection Service and provided copies of his Inspection -,Zeport and
infori,qation. Doug Dowdy advised his main concern was the false representation
that n@ight be made to buyers within the area.
Greg Gillote, President of iiome Chek of Tidewater, Inc., 1224 Rodgers Street,
Chesapeake, Virginia 23324 Southside: 622-2949, Peninsula 595-4538,
distributed information relative his company.
Kenneth L. Hoff, 4205 Marchris Court Phone: 420-0000, President Tidewater
Board of Realtors (4,000) who is OPPOSED to the Ordinance. They are advocates
of homeowners rights. The Ordinance will place a tremendous financial and
administrative burden on buyers and sellers. The $50-00 @-ee combined wi-th the
co-ordination required to accommodate the inSDector's visit plus the cost,
scheduling and completion of the repairs will be added to the other
reouirepients associated with T_qoving.
Upon ilotion by Councilman Heischober, seconded by @@ouncilwoman Parker, Ci-@y
Council DEFERRED TO SCHEDULE A WORKSHOP:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Vir,iiiia, by ADDI@IG Section
16-10.1, pertaining to certificates of occupancy
for certain dwellings.
This DEFERRAL will enable concerns to be addressed. The registered speakers
will be contacted to attend the WORKSHOP.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum-, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice llayor Meyera E.
Oberndorf, Ilancy K. Parker and John L. Perry
Cou,icil Members Voting Nay:
None
Council MeLibers Absent:
Mayor Robert G. Joies
3 5
Item III-J.
CONSENT AGENDA ITFIL # 28522
Upon motion by Councilman Heischober, seconded by CouncilTan Moss, City Council
APPROVED ii ONE MOTION items 1, 2, 3, 4. and 5 of the CONSENT AGKNDA.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baui,-, i@obert E. Fentress,
Harold Heischober, Barbara M. Heiley, Reba S.
McClanaii, John D. Moss, Vice Mayor Meyera E.
Oberndorf, l@ancy K. Parker and John L. Perry
Council Members Vot4-rg Nay:
None
Council llembers Abstaining:
Reba S. McClanan and liancy N. Parker VERBALLY
ABSTAINED on Item III-J.2 as they are members of the
Clean Community Commission.
Council Members Absent:
Mayor Rob--rt G. Jones
- 36 -
Item III-L.l.
CONSENT AGENDA ITEM # 28523
Upon motion by Counciiman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 5-31 of the
Code of the City of Virginia Beach, Virginia
pertaining to bird sanctuaries (Great Neck Point).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor tleyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
Requested by Councilman Balko
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 5-31 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA
4 PERTAINING TO BIRD SANCTUARIES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 5-31 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12
13 Section 5-31. Established; purpose.
14
15 The following described areas in the city are hereby
16 declared to be bird sanctuaries for the protection of all birds:
17 (1) North Thalia in Kempsville Borough:
18 Beginning at a point in the center
19 of Thalia Creek on the north side
20 of U.S. Route 58 (Virginia Beach
21 Boulevard); thence in a northerly
22 direction following the center of
23 Thalia Creek to the merger of
24 Thalia Creek, the western branch of
25 Lynnhaven River and Buchannan
26 Creek; thence in an easterly
27 direction along the center of
28 Buchanan Creek (Lynnhaven and
29 Kempsville Borough line) to the
30 northeast boundary of Thalia
31 Shores; thence in a southerly
32 direction along the Lynnhaven and
33 Kempsville Borough line to a point;
34 thence along the borough line in a
35 westerly direction approximately
36 twelve hundred (1200) feet, more or
37 less, to a point; thence along the
38 borough line in a southerly
39 direction to the north side of
40 U.S.Route 58 (Virginia Beach
41 Boulevard) and Route 1192 (West
42 Brook Road); thence in a westerly
43 direction along U.S. Route 58 to
44 the point of beginning.
45 (2) Chesopian Colony in Lynnhaven
46 Borough: Beginning at a point in
47 the center of Pine Tree Branch on
48 the north side of U.S. Route 58
49 (Virginia Beach Boulevard); thence
50 in a northerly direction following
51 the center of Pine Tree Branch to
52 the merger of Pine Tree Branch, the
53 eastern branch of Lynnhaven River
54 and London Bridge Creek; thence in
55 a southeasterly direction along the
56 center of London Bridge Creek to
57 U.S. Route 58 (Virginia Beach
58 Boulevard); thence along the north
59 side of U.S. Route 58 in a westerly
60 d i r e c t i o nto the point of
61 beginning.
62 (3) The subdivisions known as Kings
63 Grant, Alanton, Kings Forest,
64 M a 1 i b u ,Birchwood Gardens,
65 Lynnhaven Acres, Cape-Story-By-The-
66 Sea, Bay Island and Trantwood
67 Shores in the Borough of Lynnhaven
68 and Nottingham Estates, Laurel Cove
69 and Aragona Village in Bayside
70 Borough.
71 (4) All that certain area located in
72 Lynnhaven Borough, including, but
73 not limited to those subdivisions
74 known as Wolfsnare Plantation,
75 Southern Points, Robin Hood Forest
76 and Great Neck Estates, and being
2
7 7 more particularly described as
78 follows: Beginning at a point in
79 the center of Wolfsnare Creek on
80 the western side of Great Neck
81 Road ; thence in a westerly
82 direction following the center line
83 of Wolfsnare Creek to the merger of
84 Wolfsnare Creek and the eastern
85 branch of the Lynnhaven River;
86 thence in a northerly direction
87 along the center line of the
88 eastern branch of the Lynnhaven
89 River to the merger of the center
90 line of the eastern branch with
91 Inlynnview Road extended; thence,
92 in an easterly direction and
93 running parallel to Robin Hood
94 Road, down the center of Inlynnview
95 Road to the intersection of
96 Inlynnview Road and Five Points
97 Road; thence in a northerly
98 direction, down the center of Five
99 Points Road to the point of
100 intersection of Five Points Road
101 and Rose Hall Drive; thence in an
102 easterly direction, down the center
103 of Rose H a 1 1 D r i v eto the
104 intersection of Rose Hall Drive
105 with Great Neck Road; thence in a
106 southerly direction and traveling
107 along the western right-of-way line
108 of Great Neck Road to the point of
109 merger of the center line of
110 Wolfsnare Creek with the western
ill right-of-way line of Great Neck
3
112 Road, said point being the point of
113 beginning.
114 (5) All that certain area bounded on
115 the north by Shore Drive, on the
116 south by Long Creek, on the west
117 by Great Neck Road and on the east
118 by the subdivision known as Cape-
119 Story-By-The-Sea.
120 (6) The subdivisions known as Lakeview
121 Shores, Lake Smith Terrace, Lake
122 Smith Terrace-West, Thoroughgood,
123 Thoroughgood Estates, Lake Shores,
124 Bayville Park, Baylake Pines and
125 Baylake Beach in Bayside Borough.
126 (7) All that certain area located in
127 Princess Anne Borough being
128 described as follows: From the
129 intersection of the center line of
130 Hell Point Creek and Tabernacle
131 Creek to its intersection with the
132 center line of Muddy Creek to its
133 termination at North Bay, then
134 northwardly along the center line
135 of Hell Point Creek to the point of
136 origin.
137 (8) The subdivisions known as Lake
138 James, Kempsville Heights, Point-
139 of -View, Arrowhead, Carclanne
140 Farms, Huntington, Fai rf ield ,
141 Kempsville Manor, Kempsville
142 Gardens, Lark Downs, Larkspur,
143 Kempsville Colony, Bellamy Manor,
144 Acredale, Reverton, Lakeville
145 Estates, Timberlake and Stratford
1 46 Chase in Kempsville Borough and
147 Fawn Village at Indian Lake.
4
148 (9) All that certain area located in
1 49 Princess Anne Borough being
1 50 described as follows: From the
151 center line of North Landing Road
152 easterly five hundred (500) feet
153 and westerly five hundred (500)
154 feet and running parallel to North
155 Landing Road from the south line of
156 Indian River Road to the Chesapeake
157 C i t y boundary 1 i n e on t h e
158 Intercoastal Waterway.
159 (10) The subdivision known as Lago-Mar
160 in Princess Anne Borough.
161 (11) The subdivision known as Green Run
162 in Princess Anne Borough.
163 (12) The subdivisions known as Pembroke
164 Meadows, Pembroke Manor, Witchduck
165 Point and Witchduck Bay in Bayside
166 Borough.
167 (13) The subdivision known as Lynnhaven
168 Colony.
169 (14) All that certain area known as
170 Beach Garden Park in the Lynnhaven
171 Borough of the city; said area is
172 located directly south of Laskin
173 Road, bounded on the west by
174 Barberton Drive and on the east by
175 Holly Road running to 26th Street.
176 (15) All that certain area known as
177 Chesapeake Beach in the Bayside
178 Borough of the city; said area is
179 bounded on the south by Shore
180 Drive, bounded on the north by
181 Chesapeake Bay, bounded on the west
182 by Little Creek Amphibious Base,
5
1 8 3 and bounded on the east by the
184 subdivision known as Baylake Pines.
185 (16) All that certain area known as
186 Princess Anne Plaza in the
187 Lynnhaven and Princess Anne
188 Boroughs of the city; said area is
189 bounded on the north by the
190 Virginia Beach toll road, bounded
191 on the west by Rosemont Road,
192 bounded on the south by Holland
19 3 Road and Lynnhaven Parkway, and
19 4 bounded on the east by Lynnhaven
195 Parkway.
196 (17) All that certain area known as
197 Wolfsnare in the Lynnhaven Borough
198 of the city; said area is bounded
199 on the east by First Colonial Road,
200 on the north by the Northern Branch
201 oE Wolfsnare Creek, on the west by
202 Great Neck Road, and on the south
203 by the southern branch of Wolfsnare
204 Creek, Regency Apartments, and
205 Laskin Road; to include the
206 subdivision of First Colonial
207 Estates, Camden Estates, Glouster
208 Village, Hilltop Manor, Wolfsnare
209 Acres, Washington Square and Woods
210 of Washington Square.
211 (18) All that certain area known as Lake
212 Placid in the Princess Anne
213 Borough.
214
215
216
217
6
218 (19) The subdivision known as Great'Neck
219 Point in the Lynnhaven Borough.
220
221 Adopted by the Council of the City of Virginia Beach,
222 Virginia, on the 14 day of Deceiiber 1987.
223
224 JDB/epm
225 12/02/87
226 CA-02519
227 \ordin\proposed\05-031.pro
228
7
- 37 -
Item III-L.2.
CONSENT AGENDA ITEM # 28524
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE a $4500 grant from the
Division of Litter Control for the tenth year and
the expansion of the Clean Community Program.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. H,-nley, John D. Moss,
Vice iaayor Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
lione
Council Members Abstaining:
Reba S. McClanan and Nancy K. Parker*
Council Members Absent:
Mayor Robert G. Jones
*Counciwomen McClanan and Parker VERBALLY ABSTAINED as they are Members of the
Clean Community Commission.
APP RC)VED AS -1 0 CONTENT
-7
ORDINANCE APPROPRIATIONS $4500 FROM THE
DIVISION OF LITTER OONTROL FOR THE
CIZ" C@TY P@
EY
WHEREAS, the Council of the CiLy of Virginia Beach recognizes the
existence of the litter problem within the City; and
WHEREAS, the Litter Control Act of 1976 provides the Department of
Conservation and Economic Development, Division of Litter Control, grants for the
purpose of enhancing local litter control programs; and
WHEREAS, the Virginia Beach Clean Comunity Program is in its tenth
year of funding under this program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that $4500 is hereby appropriated for an expansion of the Clean Community
Program within the City; and
BE IT FURTHER ORDAINED that revenue from the Commonwealth be increased
by $4500.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of _ , 1987.
FIRST READING: December 14, 1987
SECOND READINC:
- 38 -
Item III-L.3.
CONSENT AGENDA ITEM # 28525
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance authorizing the Site Acquisition of real
property, easements, either by agreement or by
condemnation, for Great Neck Point sewer and water
projects (CIPs 6-942 and 5-022).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Tione
Council Members Absent:
Mayor Robert G. Jones
APPRC,)Vtv AO
AP
AN ORDINANCE TO AUTHORIZE THE ACQUISITION -
OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY
CONDEMNATION, FOR GREAT NECK POINT SEWER AND WATER PROJECTS
CIPs 6-942 & 5-022
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a
public necessity exists for the expansion of this important project and for
public purposes for the -@preservation of the safety, health, peace, good order,
comfort, convenience, morals and for the welfare of the people of the City of
Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed to
acquire by purchase or condemnation, pursuant to 115.1-236 et seg. and 125-46.1
et seg., Code of Virginia of 1950, as amended, all the real property, permanent
easements, temporary construction easements as needed, in fee simple, as shown on
that plan entitled: "Proposed construction of Great Neck Point Sewer and Water
Projects, CIPs 6-942 and 5-022, Sengtson, Debell, Elkin & Titus, P.C., Virginia
Beach, Virginia", on file in the Department of Public Utilities, Municipal
Center, City of Virginia Beach, Virginia.
Section 2. The City Attorney is hereby authorized to make, or cause to be
made, on behalf of the City of Virginia Beach, to the extent that funds are
available, a reasonable offer to owners or persons having an interest in said
lands; if refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Adopted by the Cauhcil of the City of Virginia Beach, Virginia, an the
14 day of _ December---- , 19 87
------ --------- -------
- 39 -
Item III-L.4.
CONSENT AGENDA ITEM # 28526
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to authorize and direct the City Manager
to execute cost participation agreements:
Corporate Woods (Kempsville Borough) sewer
projects (CIP 6-316).
Broad Meadows Shoppes (Bayside Borough) water
projects (CIP 5-979)
Rock Creek Phase 5 (Kempsville Borough) water
projec"s (CIP 5-306)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
cot4,rENT
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
Rowe Properties-Corporate woods is developing
certain property in the Kempsville Borough in accordance with
the terms and conditions of city ordinances, and
WHEREAS, in order for the developer to provide sewer
service to this project, it is necessary for the developer to
construct certain sewer facilities, and
WHEREAS, the city has requested that the developer
oversize the sewer system to provide gravity sanity system to the
surrounding area, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$70,645 with such costs to be charged to capital project 6-316
Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Rowe Properties-Corporate Woods for construction
of certain sewer facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the city of Virginia Beach,
14@ December
Virginia on the _ day of 1987.
CITY Or VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREMONT (SEWER)
THIS AGREEMENT, Made this 15th day of October, 1987, by and
between Rowe Properties - Corporate Woods hereinafter referred to
as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter
referred to as the "City".
WHEREAS, Owner is seized in fee simple of the property
described in the deed dated October 14, 1987 by and between Rowe
Properties - Corporate Woods Limited Partnership and the CITY OF
VIRGINIA BEACH, and recorded in Deed Book 2593 at pages 2086 and
2087 with the terms and conditions of the City ordinances and
agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this
Project, it is necessary for owner to construct certain sewer
facilities; and
WHEREAS, the CITY has requested that such construction be
greater in scope than is necessary to provide service to this
Project; and
WHEREAS, such construction is of value to the City in
providing service to customers other than those within the Project
limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the
"System") according to plans and specifications approved by the
Department of Public Utilities, a copy of which is on file with
the Department.
2. The City shall make cash payment to Owner in the amount
of Seventy Thousand, Six Hundred, Forty-five dollars and no cents.
(70,645.00) after successful completion of the System and
acceptance thereof by the City in accordance with approved plans.
3. the City shall have the right at any time to make,
connect, or permit the connection of any other sewer facility to
the System. Any such connection may be at any point, and the City
shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, owner hereby agrees that the System,
including but not limited to sewer connections, sewer mains,
laterals, pipes, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of the date of the
City's written acceptance thereof.
5. Owner shall indemnify and hold the city harmless from any
and all liability of whatever nature arising out of the design,
approval, construction and/or installation of the System. In the
event any claim is made against the City, either independently or
jointly with owner, Lessee, or purchaser on account hereof, the
Owner at its sole cost shall defend the City against such claims.
6. This Agreement shall inure to the benefit of and be
binding upon the parti6s hereto and their respective heirs,
successors and assigns.
7. Upon execution of this Agreement, it shall be recorded
by the City in the Clerk's office of the Circuit Court of the City
of Virginia Beach, at Owner's expense.
IN WITNESS WHEREOF, the parties hereto have executed and
sealed this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
BY
DATE
ATTEST: ROWE PROPERTIES-CORPORATE WOODS
LIMITED PARTNERSHIP, a Virginia
Limited Partnership
BY ROWE DEVEL40PMENT COMPANY,
(SEAL) A Virginia corporation, General
City Clerk Partner
By
R gional Develop"dt Manager
DATE
ATTEST:
A@ @ /,/@, @ (SEAL)
Office Manager
APPROVED AS TO CONTENTS:
Depattmeht of Public Utilities
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF
Department of Finance6evv
STATE OF VIRGINIA
CITY OF VIRGINIA BEAQH
1, Robert ;, Pfeifer, a Notary Public in and for the City and
State aforesaid, do hereby certify that Deborah K. Stearns and
Rebecca L. Vega, Regional Development Manager and Office Manager,
respectively, of Rowe Development Company whose names are signed
to the writing above bearing date of October 15, 1987, have
acknowledged the same before me in my City and State aforesaid.
Given under my hand this .1@ day of October, 1987.
My commission Expires October 27, 1989.
W4 4
Notary PuiDlic u
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City
Manager and city clerk, respectively, of the City of Virginia
Beach, this _ day of 1987.
Notary Public
My Commission Expires:
WOODS
SEWM COST PARTICIPATICN COST ANALYSIS
D 7-127
City cost per agreen-ent $70,645.00
Sayings/
Sayings
Assume one additonal purtp station needed to serve area
Maintain punp station for 30 years
Maintenance cost increases 5% year
Tin-e value of money 10%
Current annual ptmp station rwintenance cost $9,279/station
Public Utilities ($9,279) (1+i) n I
n
i = 1.10 -1 = 4.76%
1.05
n = 30
Public Utilities (Cost savings) $147,000
ue: (pro rata punp station fee)
212 gpm x $325/gpm $ 68,900
7btal City cost savings/revenue due
due to agreeuent $215,900
Net savings to City ($215,900 - $70,645) $145,000
JSW:mc
11/9/87
viiecii ve@@@@@, I 1-
Leatr
Develo;
RD
COLUMBLIS
SourH[R br
TE SE m@NU- I m
IT AF
DATORY SEWER CORPORATE WOOD!
NNECTIONS
TE SI@,ER
IT AREA
psville
dows
oil
Kem I
JHS
EXHIBIT SHOWING
CORPORATE WOODS
AND OFF-SITE SEWER
BENEFIT AREA
D7-127
BLM
11/9/87
APPPOVED P,,S TO CO@ITENT
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
EREAS, Talc Associates is developing certain property
in the Bayside Borough in accordance with the terms and
conditions of city ordinances, and
WHEREAS, in reviewing the site plan, the Department of
Public Utilities has asked the developer to oversize and extend
the public water line, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$4,944 with such costs to be charged to capital project 5-979
Newtown Road.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Talc Associates for construction of certain water
facilities. Said proposed agreement is hereby approved and
attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 1 4 day of December 1 1987.
It
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this IRth day of 7iinp 1987, by-and
between TATC Associates. a Vir@a cteneral @erghip
hereinafter referred to as "Owner', and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the "C.ity'.
WHEREAS, Owner is seized in fee simple of Lots 1,2,3,4.5 and 6.
Subdivision of Newtown - Broad Meadows Develo@t and
. WHEREAS, Owner is desirous of improving the Project in accordance with
the terms and conditions of the City ordinances and agrees to conform to
said ordinances; and
WHEREAS, in order for Owner to provide water service to this Project,
it is necessary for Owner to construct certain water facilitiesi and
WHEREAS, the City has requested that such construction be greater in
scope than is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing service
to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and benefits
accruing hereto, the parties agree that;
1. Owner shall construct a water system (hereinafter the *System")
according to plans and specifications approved by the Department of Public
Utilities, a copy of which is on file with the Department.
2. The City shall make cash payment to Owner in the amount of ($)
4-944 nn - after successful completion of the System
and acceptance thereof by the City in accordance with the approved plans.
3 The City shall have the right at any time to make, connect,
or permit the connection of any other water facility to the System. Any
such connection may be at any point, and the City shall have the right at
any time to use the System to serve persons within and without the Project
1 imits.
4. Upon successful completion of the System and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited
to water connections, water mains, valves, fittings and all other facilities,
shall be deemed dedicated to the City of Virginia Beach as of the date of
the City's written acceptance thereof.
5. Developer will indemnify, keep and hold the City free and
harmless from any contractual liability of developer and from all cliams
on account of injury to developer, leasee, purchaser or any other person,
firm or corporation, or damage the property of the developer, lessee, purchaser
or any other person, firm or corporation arising from or growing out of the
design, approval, construction, and/or instailation of the said water
distribution system.
6. This Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, at Owner's expense.
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
(City Manager)
DATE
ATTEST:
(SEAL)
City Clerk
BY
al Partner
DATE '67
ATTEST:
(SEAL)
Secretary
APPROV@D AS To CONTENTS:
D 'ti..t of Public Utilities
APPROVED AS TO FORM:
City Attorney's office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance V@,l@
3
STATE OF
CITY I
I, Notary Public in and for the City
and State aforesaid@ tify that w cl^,@ hil@@
and wy, respectively, of
whose names are signed to the writing abye,
bearing date of 'I/)Q- /'b-7 have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this 1987.
My Commission Expires
Notary Pu
STATE OF VIRGINIA
CITY OF VIRGINI A BEACH, to-wit:
,The foregoing instrument was acknowledged before me by
:and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1987.
Notary Public
My Commission Expires:
4
COST BENEFTT ANALYSIS
BROAD SHOPPES WATER COST PARTICIPATICN
D 5-15
CDSt
Cost per agreermnt $4,844.00
Sayings
Assumptions:
1. Parallel 8-inch water line with another 8-inch line:
300 feet of 8-inch extending dawn Newtown Road.
300 feet x $25/foot $ 7,500
2. Maintenance costs at $385/1,000 feet, for 30 years-
300 feet x $385/1000 feet = $116.00
Maintenance costs increase 5% per year
Time Value of money 10%
Present Value = A(,J,,,.,,n
. (J..
where A =$116.00
n =30
i =1.10 1 = 4.76%
1.05
Present Value, Maintenance Cost $1,800
3. Build 156 feet of 10-inch water line after paving is ccapleted, $40/foot
156 feet x $40/foot = $6,240
oDsts
City cost without agreerrent
($7,500 + $1,800 + $6,240) = $15,540
Net Savings to City: $15,540 - $4,944 = $10,600
JSW: rrr
11/10/87
mo
I HOLCOMS Pi
2 HARNFS$ CY
3 COACHMAN CT
BROAD MEADOWS SHOPPES
ioNCOND
illiams
UTURE 10" WATER LINE
CIP 5-979
NEWTOWN ROAD
vis
EXHIBIT SHOWING
BROAD MEADOWS SHOPPES
WATER COST PARTICIPATION
AGREEMENT
D5-15
BLM
11/6/87
,o c
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
@;.,,-WHEREAS, Christopher/Wood Associates is developing
certain property in the Kempsville Borough in accordance with the
terms and conditions of city ordinances, and
WHEREAS, in reviewing the site plan, the Department of
Public Utilities has asked the developer to oversize and extend
the public water line from the subdivision to Princess Anne Road,
and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$8,000 with such costs to be charged to capital project 5-306
Water Agreement Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Christopher/Wood Associates for construction of
certain water facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 14 day of December 1 1987.
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (WATER)
THIS AGREEMENT, Made this 20 day of T,, 1 41 1987, by and
between it. h@, W..d A Gnr.1 Par n rship
hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH,
VIRGINIA, hereinafter referred to as the "City"
WHEREAS, Owner is seized in fee simple of Rock Creek Phase V
and
WHEREAS, Owner is desirous of improving the Project in accordance with
the terms and conditions of the City ordinances and aarees to conform to
said o,ainances; and
W-AEREAS, ;n croer for Owner tc Drovide water -@er,ice to t@is Project,
i, is necessa-v for Owner to cons"ruct certain water facilities: ana
WHEREAcl, the City has requested that such construction De greater in
scope t@,ar) is necessary to provide service to this Project; and
WHER@-AS, sucn construction is of value to the City in providing service
to custome,s otier than those within the Project limits;
NOW, 7HEREFORE, in consideration of the mutual promises and benefits
ac:,uing he-eto, tne parties agree tnat:
wa+er system (hereinafter the "System")
e, s.-a., construct a
accorcir,.c tc c'@an= anc specif@cations approved by the Department of Public
Ut i lit i es. a coc@, of t-,ich is ar, f i le Hi th the Dep artr,,,ent .
E. Tr)e --it@ s-all mate -as@ :,av@ent to Owner ir. t,.,e arount of (s)
-_@8@QQO. 00 af ter successful comoletion of the System
anc a::cedtance t@e-ecf bv the Cit@, in a@-cordan.-e w;th the a.oproved plans.
I
3, The City shall have the right at any time to make, connect, or
permit the connection of any other water faci.lity to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof by
the City, Owner hereby agrees that the System, including but not limited to
water connections, water mains, valves" fittings and all other facilities,
shall be deemed dedicated to the City of Virginia Beach as of the date of
the City's written acceptance thereof.
5. Owner shall 4ndemnify and hold the City harmless from any and all
liability of whatever nature arising out of the design, approval,
construction, and/or installation of the system@ In the event any claim is
maoe aca@ns' he City, either inde@encentlv or jointly with Owner, lessee,
or purchaser on account hereof, 'he Owner at its sole cost shall defend the
City against such claim.
6. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors, and assigns.
7. Upon execution of this Agreement, it shall be recorded bv the City
in tre @-lerk s Office of the Cir--uit Court of the City of Virginia Beach,
Virc@r.ia. at f-,@ner's ex--ense.
IN WITNESS OF, the partil-s hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEADI, VIRGINIA
(City Manager)
DATE
-Christopher Wood Associates, General
ATTEST: Partnership
Ch ist
(SEAL) ner
lerk
B
Vice Pre4i
DATE
ATTEST: EAL)
ry
APPROVED AS TO CONTENTS:
Utilities
APPROVED AS TO FORM:
City Attarney's'Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
3
STATE OF
CITY OF @@i,AJ;,A
I , @@A @ -r , a Notary Public in and for the City
and State aforesaid, do hereby certify that
-@resident a d @s- eke p, of
-Dco,co,whose names are signed to the writing above,
bearing date of have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this @-day of -suiti 1987.
My Commission Expires @t(L
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was,acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Cierk, respectively, of the City of ttirginia Beach, this
day of 1987.
Notary Public
My Comm4-sion Expires:
4
ENNE! SEE Cl,
ci
TURE 24" WATER LINE
CIP 5-713
10
s & Recreat
ROCK CREEK
PHASE V
PRINCE@S
ROCK CREEK ANNE
PARK
EXHIBIT SHOWING
ROCK CREEK PHASE V
WATER COST PARTICIPATION
AGREEMENT
GIO-34
BLM
11/6/87
- 40 -
Item III-L-5-
CONSENT AGENDA ITF14 # 28527
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance authorizing License Refunds in the amount
of $5,350-55 upon application of Certain Persons
and upon certification of the Commissioner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Robert E. Fentress,
Harold Heischober, Barbara li. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
KRM NO@ C.A@ 8 REV W06
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 tor license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penafty lnt. Total
Year Paid
0. W. L. Ltd.
241 Southgate Avenue
Virginia Beach, VA 23462 1984-86 Audit 5,350.55 5,350.55
Certified as to Payment:
@ert P. Vaughan
missioner of the Revenue
,i. E5ale Bimson
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 5 3 5 0. 5 5 were approved by the Council
of the City of Virginia Beach on the day of December 19 87
Ruth Hodges Smith
City Clerk
- 41 -
Item III-M.
ADJOURNMENT ITEM # 28528
Upon motion by Councilman Heischober and BY ACCLAMATION, City Council AWOURNED
the Meeting at 6:29 P.M.
B@,,@,ly . H@
Chief Deputy City Clerk
/19
Hodgeg Smith, CMC bert
City Clerk @.yor
City of Virginia Beach
Virginia