HomeMy WebLinkAboutMARCH 23, 1987 MINUTES
"WORLD'S LARGEST RESORT CITY'
1-@, K PL@ER l@ 11,
Pf..@l, 281 CITY HALL BUILDR]VG
MUNICIPAL CENTER
VIRGINIA REACH, VIRGINIA 23456 9002
(8041427 4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
mARcH 23, 1987
TTEM 1. @IL CONFERENCE SESSION - Confererice - 11:30 AM
A. CITY OOUNCIL CONCEFNS
1. Soutlieastern Expressway
I@ ii. INFORMAL SESSICN - Conference - 12:00 PM
A. CALL TO ORDER - Mayor Rcbert G. Jones
B. ROLL CALL OF CCUNC.LL
C. CITY MANAGER'S BRIEFINGS
1. Tax Relief for the Elderly
2. Utilization of t'he Dcm
D. MC)TION TO RECESS MM @IVE SESSION
ITEM III. E'O@ SESSION - @il Ch s - 2:00 PM
A. INVOCATIC)N: Reverend James E. @le
Lakeside Baptist Church
B. PLEDGE OF ALLBGIANCE TO = FLAG OF THE UNITED STATES OF AMERICA
C. ELBCTRONIC ROLL CALL OF CITY CC)UNCIL
D. ADOP'RION OF ITEMS FOR '= FORMAL AGENDA
1. INFO@ and FO@ SESSICNS - March 16, 1987
F. PUBLIC
1.
a. Ordinance for the discontinuance, closure and aband@t of a
portion of Brankscme Drive in the petiticn of PS Associates
ii, Ltd., (K @ sville Borough).
DEFERRED for Ccwpliance of Conditions April 14,
Octcber 20 and DeceiTber 15, 1986
Re ation: APPROVAL
b. IDERATION of the applicaticn of Stephen H. Davidson for a
Co@itional Use Permit for a single-family d@lling in the AG-1
Agricultural District on the east side of Princess Anne Road,
1056 feet south of Pungo Ferry lbad, (686 Princess Anne Road),
containing 13 acres (Pungo Borough).
DEFERRED Nov 17, r)ec@r 22, 1986, January 5
February 9, 1987.
C. Application of G. FArl Perry and Wayne D. Franklin for a Change
of Zoning fran R-6 Residential District to 0-1 Office District
at the southeast intersection of South Witchduck @ and
Bomey Road on Lots 32, 33, 34, 35 and 87, @ville soott
Place, containing 10,494 acres (Kempsville Borough).
Re@r)dation: ALLOW wiTHD@
d. Application of F. D. Reid ]3uilding tion for a Change of
Zon@ fran R-4 Residential District to R-8 sidential
51st-rict on Parcel A, Salern Lakes, at the southem terminus of
Jessica Lane, cc>ntaining 37,462 square feet (Kenpsville
Borough) .
Reccirmendation: APP
e. Awlication of Virginia Electric and y and Stephen
L. and Mary E. Wller on the west side of Princess Ame at
the western te@us of Baxter POad, (4919 Princess Anne
containing 13.74 acres (Kempsville Borough).
Change of Zoning frctn R-5 Residential District to B-2
Camunity-Business District;
AND,
conditional Use Permit for a storage yard and line-of-sight
relay device.
,Recom@ation: DENIAL
G. ION
1. Resolution requesting the eastern EKpressway not be a toll
facility and further that it be devel@ in phases frcm
project funds.
H. OCUSERR AGMM
All matters listed under the Gonsent Agenda are considered in the
ordinary cc)urse of bus@-ss by City Cbuncil and will be enacted by one
mation in the form listed. If all it@ is rewved fran the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution requesting the acceptance of a list of streets for urban
maLintenance paywats as s@tted to the V@ima Department of
Highways and Tr rtation.
2. Ordinance appointing viewers in the petition of Signet Enterprises,
Ltd. for the closure of a portion of Lane (K@sville
Borough).
3. LCW BID to Asphalt and MEtterials y, Inc. in the ammt
of $4,189,576.33 for the reconstruction of Holland @, Phase IV,
CIP 2-901 and ven Parkway/Fblland Poad Inter on
CIP 2-933.
4. LCW BID to Contractor's Paving C=pany, Inc. in the amount of
$57,886 for street improvements for the 100 Block of 83rd Street
CIP 2@37.
I. APPO
1. TY DEVELO@ CITIZENS ADVISORY @TREE
2. DEVELO@ AUTHORITY
3. OCEAN @S FACT FINDIM CCWITREE
4. PLANNING COUNCIL
5. s BOARD
J. UNFINISHKD BUSINESS
K. NEW BUSMSS
1. School Board's Request re: RED MTTI- FARM ARY SCHOOL
2. Sale of 1987 Municipal Bonds
L. AW
FMSED CITY COUNCIL SESSION
MARCH 1987
March 30th - 7: 00 PM
- 18 -
Item TTT-E.l.
MINUTES ITEM # 27100
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of March 23,
1987, as AMENDED:
ITEM # 27067, Page 22
ORDINANCES UPON APPLICATION OF VIRGINIA ELECTRIC
AND POWER COMPANY AND STEPHEN L. AND MARY E. MILLER
FOR A CHANGE OF ZONING AND CONDITIONAL USE PERMIT.
Condition No. 2 shall be Amended on line 12 by
deleting the word "If" before the words 'la chain
link fence is required,...."
@A chain link fence is required, Virginia Power
shall insure that it will not be visible to the
neighbors, and that it will be placed inside the
eight-foot (81) solid fence and all barbed wire
shall be installed below the eight-foot (81) level.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 23, 1987
The CONYERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to ord,,
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
March 23, 1987 at 11:30 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, John D. Moss, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 2 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 27045
The HMP (Henley, McClanan and Parker) COMMITTEE inquired as to whether this
Committee had any further responsibilities before dissolution and perhaps the
Council would like the HMP COMMITEE to respond to each of the items contained
in the list of fifty-six priorities. Councilman Moss had requested Robert
Scott, Director of Planning, to Index the next copy of the list of the fifty-
six piorities and annotate where in the COMPREHENSIVE ZONING ORDINANCE each
priority was addressed or was not addressed. Robert Scott, will cross
reference same and present to the HMP COMMITTEE which will convene April 1,
1987 at 5:00 P.M.
ITEM # 27046
Councilwoman McClanan advised the deadline for signing of legislation by the
Governor is fast approaching and believed there must be some items that would
necessitate comment by the City Council.
The City Manager advised the "Status Report - Virginia Beach Legislative
Package 1987 General Assembly Session" submitted by Robert Matthias,
Intergovernmental Relations Coordinator, will be distributed to City Council.
(Copy of said report is hereby made a part of the record.)
Councilwoman McClanan referenced the Gun Control Ordinance. Robert Matthias
advised the City Attorney had written a letter to the Governor in behalf of the
City requesting this Ordinance be VETOED. Councilwoman McClanan referenced cuts
in funding for Community Services. Councilwoman McClanan's concern was
relative the Governor's funding the Super Primary. The City Manager advised
correspondence has been directed to the Health Commissioner concerning the cuts
in the Health Department funds. The City Manager is still inquiring relative
funds for Mental Health/Mental Retardation.
With further reference to the Legislative Package, Councilman Heischober
advised the PHOSPHATE BAN applies only to personal households and does NOT
apply to commercial establishments.
ITEM # 27047
The Mayor and Councilman Balko referenced the MEMORANDUM by Thomas Leahey,
Public Utilities, summarizing the Lake Gaston Litigation Activities and
Expenditures. They extended their appreciation and compliments on a
superlative report.
ITEM # 27048
Councilman Balko further referenced a telephone call concerning his winning a
motorcycle. The only cost would entail a freight charge. The freight charge,
however, amounted to $383.60. Councilman Balko forwarded this information to
Dave McDonald, Consumer Protection Investigator, who successfully succeeded in
retrieving funds for other Virginia Beach citizens who had experienced similar
gifts for certain charges and never received the gifts.
ITEM # 27049
Councilman Fentress requested the remarks within the CONFERENCE SESSION be
limited in order to provide sufficient time for this EXECUTIVE SESSION.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITF24 # 27050
Councilman Baum advised next week wil be the finals of the Basketball
Tournament.
ITEM # 27051
Councilman Perry advised the reason for his absence from the Presentation of
the Comprehensive Zoning Ordinance on March 18, 1987, was due to his
involvement with Lake Smith. All of Lake Smith was at one time zoned R-8. Now
same is R-3- Several people desired to build homes and because of the zoning
were unable to do so. Councilman Perry inquired as to whether this zoning
could revert back to R-8. Vice Mayor Oberndorf advised the Comprehensive Plan
had been AMENDED to reflect three units per acre in the Bayside Borough. The
Staff will present information to City Council regarding Lake Smith
encompassing the Comprehensive Plan, environmental concerns and the history of
the area.
ITEM # 27052
Councilwoman McClanan referenced an AMENDMENT to the Resolution concerning the
SOUTHF,ASTERN EXPRESSWAY. Councilwoman McClanan requested the addition of the
following Paragraph: "The City Council requests that the Virginia Department of
Transportation explore possible combinations of funding, such as using urban
funds combined with toll fees, which the Southeastern Expressway may generate
in areas where the fees would support the construction costs."
Robert Matthias advised C. E. McGuire was awarded a two-year contract by the
Highway Department for a preliminary (not a final) design and a toll feasiblity
study. In approximately two years, based on this proposed preliminary
alignment, the cost figures could be attained.
Councilwoman McClanan advised if the project was developed in phases, the City
might have the benefit of some Defense Access funds.
Councilman Moss requested the Resolution be further amended to include the
SOUTHEASTERN EXPRESSWAY not be financed with funds from the Virginia
Beach/Norfolk Expressway facility.
- 4 -
ITE14 # 27053
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor iobert G. Jones in the Conference Room, City Hall Building, on Monday,
March 23, 1987, at 12:07 P.M.
Council Members Present:
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
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 5 -
C I T Y M A N A G E R 'S B R I E F I N G
TAX RELIEF FOR THE ELDERLY
ITEM # 27054
The City Manager introduced Patricia Phillips, Director of Research, who
distributed a "SUMMARY OF IMPACTS OF CHANGE - RF.AL ESTATE TAX RELIEF
PROGRAM". (Said Summary is hereby made a part of the record). For 1986-87, 476
persons participated in the real estate relief program (131 of whom were
disabled) for a total of approximately $181,470. The current income limitation
is $15,000 and the net financial worth limitation is $40,000. State Code
(effective July 1, 1987) permits localities to set income limits up to $22,000
and net financial worth limits up to $75,000 (which excludes the value of the
home and land up to 1 acre).
Estimated first year impacts of changes to the current program,
a. Elderly and Handicapped Program -- Increases of net income
limit to $18,000.
Participants Total
Relief
Total 578 $251,298
Increase 102 69,828
(Note: increasing the net financial worth limitation to
$50,000 is expected to have minimal, if any, impact and
therefore is assumed to be the same as at $40,000).
b. If such a program were extended to all financially
disadvantaged persons in the City:
(1) Using $15,000 net income limit and $50,000 net
financial worth limit:
Participants Total
Relief
Total 16,768 $6.4
Million
(2) Using current poverty thresholds and net financial
worth limitation of $40,000:
Participants Total
e@lief
Total 3,730 $2
Million
Councilman Fentress requested the Staff research the cost to the City of
raising the Net Tncome and Net Worth to the levels the State Code permits.
Councilman Fentress inquired as to whether the City is permitted under State
Code to establish a definition of NET WORTH. Councilman Heishchober advised
Social Security income is not excludable from Income under the State Code
unless it is Social Security Disability Income and then only up to $7500.
Councilman Fentress requested the Research Department provide a definition of
the meaning the City is presently utilizing for NET WORTH.
- 6 -
C I T Y M A N A G E R IS B R I E F I N G
TAX RELIEF FOR THE ELDERLY
ITEM # 27054 (Continued)
Councilman Perry referenced the expenses of the elderly and the particulary
high cost of hospitalization.
Councilwoman Henley also requested water and sewer exemptions be investigated
with the resulting impacts.
The Council requested computations involving raising the NET INCOME to $22,000.
Patricia Phillips will compute the effect on the other programs at $18,000 and
$22,000.
Vice Mayor Oberndorf inquired as to whether a project had been done by Research
and Hector Riverals Office concerning a census growth of the number of elderly
that will require the subsidized housing and other services.
Patricia Phillips advised she would provide a draft of that particular Chapter.
The Reseach Department is presently trying to simplify this data collection.
- 7 -
C I T Y M A N A G E R IS B R I E F I N G
UTILIZATION OF THE DOME
ITF14 # 27055
The City Manager advised concerning the Utilization of the Virginia Beach Civic
Center (Dome), convention and rental utilization of this facility is not being
maximized due to infrastructure deficiencies. To upgrade the facility to
accommodate its potential would cost approxiinately $1,200,000. The appraised
value of this property (land only: $2,590,000) encourages the facility be
evaluated to its fullest potential.
The City Manager outlined the following Options:
1. The Dome should not be leased and should continue
to serve its current clients for an additional
year, while at the same time, plans should be
developed for the aggregation of City property in
the area that would ultimately allow for
incorporating antiquated municipal buildings into
the re-development of a major public gathering
space which could include a park, restaurant and
retail sector. A completion date should be March
1988, either by contract or by a design competition
concept.
2. Utilize or modify proposed Request for Proposal for
the lease of the Dome from three to five years.
3. The facility to continue to function as before with
minimal and essential improvements which have
direct benefit to public safety. (approximately
$100,000)
4. Secure facility for renovation and restoration.
(aproximately $1,200,000).
Henry Ruiz, Director, Resort Programs Office, advised the RAAC supported
OPTION 1.
Vice Mayor Oberndorf advised during the Month of February, the DOME hosted 22
events. Vice Mayor Oberndorf inquired if the DOME area were turned into an
economically viable situation what provisions have been made for those
organizations who have utilized the DOME all these years - organizations which
make a significant contribution to the economy of Virginia Beach.
Henry Ruiz advised the conceptual response from the RAAC allowed for
approximately 15,000 square feet of assembly area to accommodate the current
needs of the DOME.
Councilman Heischober foresaw a short term objective and a longer term
objective. On some realistic interim basis, the City should develop a larger
more comprehensive build-out. As there exists a City library, a Fire Station
and Police Station, Councilman Heischober saw the potential of placing this all
together with a meeting place or a dinner theatre and relieving some of the
other properties that are impacted. All of this could be done on that one
piece of property.
Councilwoman Henley believed the RFP should still be forwarded.
In response to Councilman Moss's inquiry, the City Manager advised there has
been discussion relative a grading system that would entail a major factor as
to the City's main interest i.e, extension of the tourist season. After a
rating, the City could either accept this RFP or go out out on a competitive
basis and stipulate this is the type of utilization the City desires for the
DOME.
- 8 -
C I T Y M A N A G E R Is B R I E F I N G
UTILIZATION OF THE DOME
ITEM # 27055 (Continued)
Councilman Fentress requested the statement, that certain portions of the
property would continue to be used for a public purpose, be noted on the RFP.
City Council also requested Jim Ricketts compile a list of specific functions
that could be held only at the DOME.
The Mayor advised it seemed City Council wished the RFP be forwaded. Upon the
return of the RFP, same would be analyzed and a firmer sense of development
would be derived on the longer range plan proposed by RAAC.
- 9 -
C I T Y M A N A G E R' S I T E M S
ITEM # 27056
The City Manager advised the Staff will be presenting the City's OPERATING
BUDGET for the next Fiscal Year at the City Council Meeting of March 30, 1987.
The City Manager also noted the REVISED SCHOOL OPERATING BUDGET has just been
received. Because of the printing schedule, the original BUDGET of the Public
School System is included in the document rather than the revised one. The
School Board lias added approximately $1.7 MILLION to the School's original
BUDGET.
- 10 -
ITEM # 27057
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or 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 affect 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 were
discussed in executive session: TTI-F.l.b.
Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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 Voting Nay:
None
Council Members Absent:
Albert W. Balko (ENTERED 1:03 P.M.)
- 11 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 23, 1987
2:20 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 23,
1987 at 2:20 P.M.
Council Members Present:
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
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend James E. Womble
Lakeside Baptist Church
PLEDGE OF ALLFGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA
- 12 -
Item IlI-C.1
PRESENTATION ITEM 27058
ADD-ON
Thomas E. Flounders, III, Chairman Hampton Roads Chamber of Commerce-
Virginia Beach PRFSENTED a RESOLUTION OF APPRECIATION to:
VIRGINIA BFACH CITY COUNCIL
James R. Dobbins, Executive Director, was also in attendance to present said
RESOLUTION.
Mayor Robert Jones accepted this RESOLUTION on behalf of the Virginia Beach
City Council.
This RESOLUTION commended the City Council for their efforts in making
Virginia Beach a City among cities. Through the leadership and administrative
direction of Mayor Robert Jones, the City is experiencing exceptional growth,
progress and prosperity.
- 13 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-D.1 ITEM # 27059
The City Clerk advised the Mayor and Members of City Council of the absence of
Mrs. Cassandra (Go Go) Barnes. "Go Go" was quite ill and unable to attend.
Item III-D.2 ITEM # 27060
Councilwoman McClanan referenced an item concerning the CONDEMNATION PROCESS
which she wished to discuss. This item will be ADDED under NEW BUSINESS.
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.
- 14 -
Item III-E.l.
MINUTF,S ITEM # 27o6i
Upon motion by Councilman Moss, seconded by Councilman Perry, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of March 16, 1987.
Councilman Moss requested a notation be placed on the bottom of page 36 and
37, ITEM # 27025 advising this item was NOT DIVIDED but voted upon in ONE
MOTION. Only one vote was taken.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
5
Item III-F.l.a-e
PUBLIC HEARING
PLANNING ITEM 27062
Mayor Jones DECLARED a PUBLIC HFARING on:
PLANNING ITEMS
a. PS ASSOCIATFS II, LTD. STREET CLOSURE
b. STEPHEN H. DAVIDSON RECONSIDERATION of Condition
c. G. EARL PERRY AND CHANGE OF ZONING
WAYNE D. FRANKLIN
d. F. D. REID BUILDING CORPORATION CHANGE OF ZONING
e. VIRGINIA ELECTRIC AND POWER COMPANY AND CHANGE OF ZONING AND
STEPHEN L. AND MARY E. MILLER CONDITIONAL USE PERMIT
- 16 -
Item III-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 27063
Attorney Wallace B. Smith (Phone: 425-4288) represented the applicant and
advised one condition had not been satisfied: the purchase of the underlying
fee
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
DEFERRED for the thirty (30) days until the City Council Meeting of April 27,
1987, an Ordinance upon application of PS ASSOCIATES II, LTD. for the
discontinuance, closure and abandonment of a portion of Branksome Drive. If
compliance is not met, same shall be adminsitratively DENIED and not
rescheduled for the City Council Agenda.
Application of PS Associates II, Ltd., for the
discontinuance, closure and abandonment of a
portion of Branksome Drive located 590 feet more or
less northeast of South Independence Boulevard, 520
feet northwest of Edwin Drive and running in a
northiqesterly direction a distance of 305.24 feet.
Said parcel contains 19,514-88 square feet.
KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 17 -
Item III-F.l.b.
PUBLIC HEARING
PLANNING ITEM # 27o64
Attorney William Burnside,(686 Princess Anne Road Phone: 721-5520), represented
the applicant and advised an agreeement had not been reached with the City.
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
DENIED the request for a WAIVER of the right-of-way in the application of
STEVEN H. DAVIDSON for a Conditional Use Permit for a single-family dwelling
which had been ADOPTED by City Council on October 14, 1985.
ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLING R01085787
Ordinance upon application of Steven H. Davidson
for a Conditional Use Permit for a single family
dwelling in the AG-1 Agricultural District on
property located on the east side of Princess Anne
Road, 1056 feet south of Pungo Ferry Road. Said
parcel is located at 686 Princess Anne Road and
contains 13 acres. Plats with more detailed
information are available in the Department of
Planning. PUNGO BOROUGH.
The following condition shall not be WAIVED:
1. A reservation of right-of-way thru this parcel to
provide for an ultimate 94-foot right-of-way for
Princess Anne Road Relocated in accordance with the
Master Street and Highway Plan and the "Princess
Anne Road at Pungo Ferry Road" preliminary
alignment on file in the City Engineer's Office.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Item III-F.I.c
PUBLIC HEARING
PLANNING ITEM # 27065
Attorney Jeffrey Hammaker, (716 Oxford Drive, Phone: 486-1692), represented the
applicant and requested WITHDRAWAL
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of G. EARL PERRY AND WAYNE
D. FRANKLIN for a Change of Zoning:
ORDINANCE UPON APPLICATION OF G. EARL PERRY AND
WAYNE D. FRANKLIN FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 TO 0-1
Ordinance upon application of G. Earl Perry and
Wayne D. Franklin for a Change of Zoning District
Classification from R-6 Residential District to 0-1
Office District on certain property at the
southeast intersection of South Witchduck Road and
Bonney Road on Lots 32, 33, 34, 35 and 87,
Kempsville Scott Place. Said parcel contains
10-494 acres. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Jchn D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
Councilwoman McClanan ABSTAINED as she owns property in the Kemspville area.
- 19 -
Item III-F.I.d
PUBLIC HEARING
PLANNING ITEM # 27066
Richard Browner, Land Planner, (207 81st Street Phone: 463-6424) represented
the applicant, and distributed a packet of information to City Council
containing Exhibit 1: a site plan depicting the zoning classification on both
sites of the access point as being R-8. Exhibit 2: contains the site plan and
proposal made to the City, outlined in Yellow is the area requested for a
zoning change. There are four lots: Lot 1 contains 7,955 square feet, Lot 2
contains 14,098 square feet, Lot 3 contains 6,259 square feet, Lot 4 contains
6,500 square feet down to the "Top of the Bank" but including the land area,
the balance of it contains approximately 14,000 square feet. The amount of
property within the retention lake is 20,000 square feet. Exhibit 3: An exerpt
of the Virginia Beach City Code contains a definition of Density, Gross
Acreage and Zoning Lots. Richard Browner advised Jessica Lane would be
extended. (Said Exhibits are hereby made a part of the record). The Density
requested for these four lots is 2.5 units to the acre. Single-family detached
homes will be constructed.
A MOTION was made by Councilman Moss, seconded by Vice Mayor Oberndorf, to DENY
an Ordinance upon application of F. D. Reid Building Corporation for a Change
of Zoning from R-4 Residential District to R-8 Residential District on Parcel
A, Salem Lakes, at the southern terminus of Jessica Lane, containing 37,462
square feet (Kempsville Borough).
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones and John L.
Perry
Council Members Absent:
None
- 20 -
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 27066 (Continued)
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of F. D. REID BUILDING
CORPORATION for a Change of Zoning:
ORDINANCE UPON APPLICATION OF F. D. REID BUILDING
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-4 to R-8 Z03871147
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA
Ordinance upon application of F. D. Reid Building
Corporation for a Change of Zoning District
Classification from R-@ Residential District to R-8
Residential District on Parcel A, Salem Lakes.
Said parcel is located at the southern terminus of
Jessica Lane and contains 37,462 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMSPVILLE BOROUGH
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third day of March, Nineteen Hundred and Eighty-seven.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones and John L.
Perry
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 21 -
Item III-F.l.e
PUBLIC HFKRING ITEM # 27067
PLANNING
The following spoke in SUPPORT of said application:
Attorney Robert Cromwell, (Pembroke One Phone: 499-8971 ), represented the
applicant and submitted a list of proffers contained in a deed restriction
William H. Duis, Jr., Senior Staff Engineer with VEPCO, (4913 Brookeway Drive
Phone: 474-1778, displayed the site plan and explained same in detail as well
as a rendering of the Building
Hugh H. Albritton, Jr., (4932 Brookeway Drive Phone: 495-1519), represented
Brookfield Crossing Civic League, and distributed a petition in support of
same. (Said petition is hereby made a part of the record)
Ray Birdsong, (5000 Wellston Court Phone: 497-3021), represented the Kemspville
Manor Civic League
Dorothy Wells, (524 White Oak Drive Phone: 497-1120), represented Kempsville
Manor Civic League, and presented a copy of a letter to the Mayor, Vice Mayor
and Members of City Council to the City Clerk (Said letter is hereby made a
part of the record.)
OPPOSITION:
George DeLano, (521 Buffer Drive), represented Larkspur
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED Ordinances upon application of VIRGINIA ELECTRIC AND POWER COMPANY AND
STEPHEN L. AND MARY E. NILI;ER for a Change of Zoning and Conditonal Use
Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA ELECTRIC AND
POWER COMPANY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 TO B-2 Z03871148
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Electric and
Power Company and Stephen L. & Mary E. Miller for a
Change of Zoning District Classification from R-5
Residential District to B-2 Community-Business
District on certain property located on the west
side of Princess Anne Road at the western terminus
of Baxter Road. Said parcel is located at 4919
Princess Ann Road and contains 13.74 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
A N D,
ORIDNANCE UPON APPLICATION OF VIRGINIA ELECTRIC AND
POWER COMPANY AND STEPHEN L. & MARY E. MILLER FOR A
CONDITIONAL USE PERMIT FOR A STORAGE YARD AND
LINE-OF-SIGHT RELAY DEVICE R03871025
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Electric and
Power Company and Stephen L. & Mary E. Miller for a
Conditional Use Permit for a storage yard and
line-of-sight relay device on certain property
located on the west side of Princess Anne Road at
the terminus of Baxter Road. Said parcel is
located at 4919 Princess Anne Road and contains
13.74 acres. Plats with more detailed information
are available in the Department of Planning.
KEMPSVILLE BOROUGH
- 22 -
Item ITT-F.l.e.
PUBLIC HEARING
PLANNING ITF14 # 27067 (Continued)
The following conditions shall be required:
1. Installation of a left-turn lane at the
intersection of Baxter and Princess Anne Roads.
2. Screening for noise, sight and security. Screening
around the perimeter of the material storage area
with an eight-foot (81) wooden fence and lateral
screen of Category III plant material of five to
six feet (5-61) with additional plants to add
depth. Exception is behind Coates, the buffer is
twenty five-foot (251) and the fence is to be the
in-and-out type with mature evergreens at least
eight-foot (81) tall. All pine trees at the rear
of the property, as outlined by Attorney Robert
Cromwell, on the southwest side shall be retained.
If a chain link fence is required, Virginia Power
shall insure that it will not be visible to the
neighbors, and that it will be placed inside the
eight-foot (81) solid fence and all barbed wire
shall be installed below the eight-foot (81) level.
3. The buffer area beginning at the corner of the
storage yard, along the Kempsville Manor property
line, shall be fifty-foot (50') plus an additional
triangular section starting at the proposed fence
corner at the northwest end of the storage yard and
progressing to a point twenty five-foot (25')
further east along the proposed south fence. All
pines along the Brookfield Crossing property shall
remain. The wooded part of the buffer area is to
be left in its natural state and only maintenance,
such as litter and dead tree removal shall be
allowed. Virginia Power shall maintain all plant
material installed, which will include but not be
limited to watering, pruning, fertilizing, weedin.@
and bedding.
4. The drainage ditch will have a fifteen-foot (15')
maintenance strip free of obstructions on the north
side of the edge of the ditch. Tmmediately behind
this strip, would be the Category III screening.
5. The proposed picnic area was deleted from the palns
due to concerns of trash, noise and loitering.
6. Lighting will be by flat retangular fixtures that
direct light downward with a mounting height of
approximately thirteen-feet (13').
7. Virginia Power shall not bury underground lines or
install anything overhanging in the buffer area.
8. Virginia Power shall install a more decorative
fence along the east side of the material storage
yard. This will be a brick column/wrought iron
fence out from the rear of the office building
parallel to Princess Anne Road.
9. An oil/water separator shall be installed for the
parking lot.
- 23 -
Item III-F.l.e.
PUBLIC HFARING
PLANNING ITEM # 27067 (Continued)
10. Dedication of a variable width of right-of-way,
approximately twelve feet (121) along Princess Anne
Road.
11. No access shall be provided to either Churchill
Drive or Ravenswood Road.
12. Right-of-way dedication for two (2) right-turn
lanes.
AND,
13. The letters from VIRGINIA POWER to Ms. Dorothy
Wells dated December 15, 1986, and March 16, 1987,
and letter to Vice Mayor Meyera E. Oberndorf from
Dorothy Wells dated March 16, 1987, are hereby made
a part of the proceedings. The conditions contained
therein are to be adherred to by VIRGINIA ELECTRIC
AND POWER COMPANY.
A N Dp
14. If the rezoning and conditional use permit to allow
a storage yard and line-of-sight relay device is
granted, no use other than that use shall be
located on the site unless expressly permitted by
the City Council (This shall be a Condition of the
rezoning).
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third day of March, 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, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
Councilwoman McClanan ABSTAINED as the Kempsville/ Princess Anne Intersection
is involved and she is one of the principals and owner of property in this
area.
524 White Oak Dr.
Virginia Beach, VA 23462
March 16, 1987
The Honorable Meyera. E. Oberndorf
5L@04 Challedon Dr.
Virginia Beach, VA @@3462
Re: Re: Virginia Electric and Power Company and
Stephen L. & Mary E. Miller
Change of Zoning Request from R-5 to B-2
for Council Meeting of March 23, 1987
Dear Meyera;
This application has met with little opposition in Kem psville
Manor; however, there are some who oppose. Our Civic League
has met with Virginia Power several times to go over the plans
and conditions. Many of the neighbors feel that this @roposed
Virginia Power District office and storage area has more advan-
tages than disadvantages for our neighborhood.
I
Some neighbors are apprehensive concerning this rezoning; other
neighbors would hope for houses, but some of their neighbors fear
that nice houses would not be built at this location, and they
prefer Virginia Power over sub-standard homes. Still others
feel that no houses would ever be built and strongly object to
more townhouses. Some are of the opinion that 0-1 Office zoning
would be preferable at this point in time, with no ingress or
egress into Kempsville Manor.
The advantages of this applicant have been outlined in letters
from Virginia Power of December, 1986 and March 16, 1987, copies
of which are attached. From our perspective, the principal advan-
tages are as follows:
1. We feel that construction of this facility will preclude
extension of Baxter Road into this area.
2. Our back street (Ravenswood Road) will not be used for
ingress or egress, and this stipulation will be recorded
by Deed Restriction and would be in violation of the
buffer agreement.
3. There will be a well landscaped buffer, part of which
will retain some of the wooded area adjacent to Kemps-
ville Manor. Virginia Power will maintain the land-
scaped area, and there will be an 8 ft. wooden fence
surrounding the storage yard and also along the vehicle
parking area (behind Coates). There is an error in
Virginia Power's letter of December, 1986 on page 1
(underlined) as the buffer behind Coates (the first
house adjacent from Princess Anne Road) is 25 ft- (not
50 ft . Negotiations have resulted in Virginia Power
acceding to Coates' request for an in and out type of
fence and additional landscaping, as noted below.
Each of the 47 homes in Kempsville Manor received a COPY of Vir-
ginia Power's December, 1986 letter, with the notation at the
bottom of page 2.
In subsequent meetings with representatives of Virginia Power,
agreement has been achieved as follows:
1. To plant shrubbery as tall as the 8 ft. fence behind
Coates' property.
2. Backing of the wooden fence with 6 ft. or 7 ft- chain
link fence for added strength, and if their decision
is to Put barbed wire, it would be installed only in
the storage area and would not be visible.
3. Virginia Power will document their agreement to main-
tain the landscaped area, but the wooded area is to be
left natural.
4. No underground wiring in the buffer area.
5. No overhang in the buffer area.
6. Virginia Power will strive for a colonial appearance.
(The architect's design incorporateswibnrdiocwksc)olumns at
the front of the building and glass
7. To further enhance this colonial aspect, they will
construct a wrought iron and brick fence parallel
to Princess Anne Road at the back of each side of
the building, extending to each side of the storage
yard.
Many of the neighbors' concerns are met with these conditions.
The noise of the trucks will be twice a day, as they leave around
8:00 a.m. and return approximately 4:15 P-m- unless there is an
emergency situation. The extensive landscaping and 8 ft. fence
will alleviate noise to some extent, and the consensus of the
adjoining property owners is that this will not be a problem for
them.
With reference to effect on the traffic, Virginia Power states
that the primary route of the trucks will be down Baxter Road
and East on Princess Anne Road, thus avoiding the heavily impacted
Kempsville Road/Princess Anne Road intersection. The plat calls
for two right turns into the property and a left turn at Baxter Road.
The required B-2 zoning for this facility 1s a major concern. We
suggest that there should be a separate zoning for Utilities.
Hopefull,y, this can be included in the revised COMP. If this re-
zoning is granted, we req.uest that consideration be given to making
an exception to the existing B-2 zoning requirement for
zoning. If this could be accomplished, other potential B-2
zoning requests from the nearby areas of Princess Anne Road
would therefore not qualify, and no precedent would be set.
We realize that you all need to be like the Biblical Solo mon
to make all these difficult decisions. Over the 35 years of
Kempsville Manor's existence as a lovely community, the Council
has helped to protect the area and keep it residential. Now,
we request protection of the it of our area, and the Council
is in a position to best evaluate the most feasible way to accom-
Plish this protection. We appreciate your care and Concern for
our neighborhood and for the City.
Very truly yours,
/-, 7-
Dorothy M. Wells
Kempsville Manor Civic League
Phone 497-1120
Enc.
Copy of Dec., 1986 letter
Copy of Mar., 1987 letter
VII?GINIA POWE]7
@larch 16, 1987
Mrs. Dorothy M. Wells
524 White Oak Dr.
Virginia Beach, VA 23462
RE: The Miller Property
Dear Mrs. Wells;
As a follow-up to our meeting of March 12, 1987, we hereby agree not to bury
underground lines or install overhanging protuberances in the buffer area
surrounding the proposed development of the Miller property. Our plans are to
leave this area in its natural state and only do maintenance as required such
as litter and dead tree removal. The exception would be that we would
maintain all plant material that we install. This m,i,tenance would include
but not be limited to watering, pruning, fertilizing, weeding aiid bedding.
I have corresponded with @ir. and Mrs. Coates and have agreed that we will
construct an eight foot solid fence and screen it with mature evergreens that
will be at least 8 ft. tall. This appeared to seem satisfactory to them when
we met. I will convey this to Mr. Birdsong next week.
@le have mentioned a possible need for a chain link fence around the ,teri,l
storage area. This item was discussed at our first civic league meeting on
October 20, 1986, and it was clear from thi, discussion that it would be
objectionable for any part of the fence to be visible to the neighbors. If a
fence is required, we will place it inside of the eight foot solid fence and
keep all barbed wire below the eight foot level.
@Ir. Pryor and Mrs. Oberndorf have agreed that a more decorati,e fence is
needed along the East side of the m,terial storage yard. Therefore, we will
install a brick colu=/wrought iron fence out fro, th, rear Of the office
building parallel to Princess Anne R,ad.
Please call if you have anv further questions.
Sincerely,
@i, IA LLi
W. H. Dui
431020@IHDI08
VII?GINIA POWEF?
Dec@r 15, 1986
Ms. Dorothy Wells
524 white oak Dr.
Virginia Beach, VA 23462
RE: The Miller Property
Dear Ms. Wells:
As you are aware, Virginia Power is interested in develop'-g the Miller
PrOperty which would be utilized as a new District Headquarters to directly
serve those cust@rs in the western portion of Virginia Beach. Our present
District organization has beccrm clurbersom to operate because of the gr@
in customrs and the travel distance for our crews. our plans for inproved
custormr service include a new district in this @iate area of the city. A
new district will place enployees closer to their work, thereby iniproving the
-rvice that we provide.
We have @t several t@s to discuss the best rmthod to develop this
PrOPertY- y- input has been welcaned and was very beneficial in the
develo@t of our plans. As YOu kn-, - have tried to incorporate as many
of thes6 suggestions as possible. This letter is to confirm our intentions
and to assure you that we Plan to be a good neighbor.
The foll-ing is a list of your concerns -d our mutually agreed upon
solutions:
1. Screening for noise, sight and security.
We Propose to screen around the per@ter of the material storage area
with a multid@nsional c@ination of fence and landscaping ffeterials. The
fence will be of solid construction either of salt treated Yellow Pine,
Western Red cedar, or skdlar @terial. Its height will be 8 ft. and will @,t
be closer than 50 ft. to anv prope?--ty line that abuts residen ally @.ned
P-@ 1 screen of categc)ry II,
plant mterial. We prefer @yl-d Cypress if they are available at a planing
height of 5-6 feet. If they are not available, - will substitute or
alternate,upright English oak or China Fir. 'Ib provide - depth and texture
to this Category iii scre@g, we ropose to plan at unspecified intervals
beds of Red Photinia, Ligustr= p t
, Leather Leaf Viburnun, or Guiftide os,,nthus.
We feel this additional Plant material will add depth to an otherwise one
@nsional wall of everg-reens.
On the West side of the eitloyee parkj-ng lot we are proposing the s@
landscaping design of evergreens with scm Category I rmterial interspersed to
provide depth. There will be no security fence along this boUndar,,,. New in@lorma.
2. Tree Remval see below.
Everyone, including ourselves, are concerned about the reimval of the
stand of nuture trees along the property lines and nust specifically along the
property by K@sville Manor. These trees presently cover approx@tely 1.75
Acres or 13 percent of the propelty. As nuch as we wc)uld like to preserve all
of them, we feel that it would greatly restrict us in utilizing the full
potential of the proper-ty.
Our initial proposal was to leave a fifty foot buffer along the
proper-ty line. After further consideration, we have mutually agreed to leave
the fifty foot buffer as well as an additional triangular section star-ting at
the proldosed fence corner at the Northwest end of the storage yard and
progressj-ng to a poi-nt 25 feet further east along the proposed South fence.
See the attached sketch for a n)ore detailed description. All Pines along the
Brookefield Crossing property will rermin.
3. Open Drainage Eas@t
Along the Brookefield Crossing property line and running West into
K@sville manor is a rather large drainage ditch. It is presently on a 60
ft- drainage easemnt of which 20 ft. is on the South side and 40 ft. is on
the North side. We will nOt kn- what inprov@ts will be required until a
full review of the site plan is ccnpleted by the city. Preliminary contacts
with the De t of Public Utilities indicates that the City would prefer
that the ditch remain open to allow for rmre "retention" of water than would
be possible with a pipe. Virginia Power would prefer this in that it would
provide for better drainage for the entire watershed.
Our proposal for the open ditch is to leave a 15 ft. neintenance strip
free of obstructions on the North side of the edge of the ditch. ately
behlnd this strip, with the appropriate encrcac@t reciuest approved by the
City, virginia Power would begin its scr g as described in Item 1 above.
4. L<:>cation of Trash Bin
Our initial land use plan had the trash bin located along the per @ ter
f-ce bY Brookefield Crossing. The bin will not locat e, but will
installed adjacent to the Service Building. be ed ther be
5. C cation Pole
Virginia Power depends on radio and -'cr-ve cation to conduct
its business. A pole will st-alled adjacent to the.Service Building which
will support a fO fT- UHF radio an
No. 1 - Additional Information: As Coates was ill and unable to
atten(T meetin6-s ' the Virginia Power representative came to their
home. At Coates- request, an agreement has been made for an 81
fence (in and out type) with appropriate landscaping for the area
between the parking lot and Kempsville lvianor,
6. Ingress and Fgress
A rmjor concern of the Civic Leagues was the @ct on neighborhood
traffic. Virginia Power agrees not to utilize either Churchill Dr. or
Ravin Ct. for i-ngress or egress. A separate d@t has been prepared
to restrict the use of these public streets and will be filed by Virginia
Power with the Deed.
7. Picnic Area
We had initially proposed a picnic area for the neighborhoods use on
Ravenswoc-d Ct. However, due to scm concerns of trash, noise and loitering,
have rermved this fran our plans.
8. T-ighting @vels
Both Civic LeacTues have expressed concerns about the lighting levels
that @ght be used in the material storage area. @er property, developed
cmmrcially, often tims uses lighting that has not only spill over but also
glare. Although virginia Power is concerned about sec=ity, we recognize the
potential @ct of high levels of lighting on residential property. For this
reason, we have selected a lighting layout similar to that at the Kenpsville
Fire De nt. We propose to use a flat rectangular fixture that directs
the light downward. The munting height will be at approx@tely 13 ft. With
gcc)d neighborhood watch progr@ , we feel that the security of the area will
be adequate without higher levels of lighting.
In conclusion, Virginia Power wants to be a good neighbo@. If this
facility is constructed, we plan to take an active role in the ccmminity as a
good civic and corporate er.
Attac@t W. H. Duis, Jr.
431020WHDO12
- 24 -
Item III-G.l.
RESOLUTION ITEM # 27068
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED*:
Resolution requesting the Southeastern Expressway
not be a toll facility and further that it be
developed in phases from urban project funds.
*On Line 32, the following reason shall be inserted as Item No. 5.:
5. That the road not be financed with funds form
the Virginia Beach/Norfolk Expressway facility.
*The following paragraph shall be inserted as lines 45 through 49:
"..The City Council requests that the Virginia
Department of Transportation explore possible
combinations of funding, such as using urban funds
combined with toll fees, which the Southeastern
Expressway may generate in areas where the fees
would support the construction costs."
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
1
2
3 Requested by: Councilwoman McClanan
4
5 R E S 0 L U T I 0 N
6 WHEREAS, at the request of the Cities of Virginia Beach
7 and Chesapeake, the Southeastern Virginia Planning District
8 Commission has added the Southeastern Expressway to the
9 Southeastern Virginia Year 2000 Regional Transportation Needs
10 Study; and
11 WHEREAS, the City Council of the City of Virginia Beach
12 has added the Southeastern Expressway to the Master Street and
13 Highway Plan; and
14 WHEREAS, the Virginia Department of Transportation is
15 currently studying the location, design and financing options for
16 the Southeastern Expressway;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 That the City Council is of the opinion that the
20 Southeastern Expressway should not be a toll facility for the
21 following reasons:
22 1. That the citizens of Virginia Beach are already
23 paying more in toll road costs than the people in any other
24 county or city in Virginia because of the Virginia Beach/Norfolk
25 Expressway being a toll road; and,
26 2. That the road should be financed out of funds which
27 our citizens pay to the Commonwealth and the City for roads; and,
28 3. That another toll road facility would further
29 restrict the free flow of traffic; and,
30 4. That the road should be financed as a regular urban
31 project and be developed in phases; and
32 5. That the road not be financed with funds from the
33 Virginia Beach/Norfolk Expressway facility.
34 BE IT FURTHER RESOLVED:
35 That the City Council wishes to develop the guidelines
36 and critical points for consideration in the development of land
37 use along the Southeastern Expressway, and to determine firm
38 landscape considerations as well as other appropriate measures.
39 That the City Council of the City of Virginia Beach is
40 unwilling to pay the cost of a feasibility study for a toll road
41 from Chesapeake to i-44. The City Council prefers that
42 Commonwealth revenues (collected from the citizens of the City of
43 Virginia Beach) be used to study and develop the Southeastern
44 Expressway from regular urban highway funds.
45 The City Council requests that the Virginia Department
46 of Transportation explore possible combinations of funding, such
47 as using urban funds combined with toll fees, which the
48 Southeastern Expressway may generate in areas where the fees
49 would support the construction costs.
50 Any previously adopted Resolution inconsistent with
51 this Resolution is hereby repealed as to that part which is
52 inconsistent for a Commonwealth funded Southeastern Expressway.
53 Adopted by the Council of the City of Virginia Beach,
54 Virginia this day of L 1987.
55
56 WCB/rab
57 3/18/87
58 3/19/87
59 3 /2 3 / 87
60
61
62
63
64
65
2
- 25 -
Item III-H.
CONSENT AGENDA ITEM # 27069
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED in ONE MOTION Items la (ADD-ON)*, 1, 2, 3 and 4 of the CONSET
AGENDA.
"Item la was ACCEPTED.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
or commme
VIRGINIA BEACH CM COUNCIL
W@IEREAS, Mcjyor Robert JOrles devotedly serves the camunity with hard
work, dedication, integrity and
MiERFAS, through his leadership @ ad-ninistrative direction, the City
is experiencirig exceptional growth, Progress, Prosperity ar)d
MIEREAS, with continued effort and vision, he ar)d @rs of City council
will further insure an even higher quality of life for Virginia
Be(ich in the future, r)ow therefore be it
,RESOLVED, that the Board of Directors of the HcnPton Roods Chaiber of
Cmmrce-Virginici Becich does cwmnd the CitY Council for their
efforts in mkir)g Virginia Beach a city cmng cities.
IN WITNESS THEREOF, l@ have hereunto set my hand this 23rd day of fbrch, 1987,
Cha i mi3n
Hamton Roads r of @rce-
Virginia Beach
ATTES@
@s R. Dobbins
Uecutive Director-
- 27 -
Item III-H.I.
CONSENT AGENDA ITF14 # 27071
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Resolution requesting the acceptance of a list of
streets for urban maintenance payments as submitted
to the Virginia Department of Transportation.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION
WHEREAS, the Virginia Department of Highways and
Transportation requires a council resolution prior to accepting
additional streets for urban riaintenance payments; and
WHEREAS, the attached streets have been constructed in
accordance with standards established by the Virainia Department
of Highways and Transportation; and
WHEREAS, the City of Virginia Beach has accepted these
streets and has agreed to maintain these streets; and
WHEREAS, a representative from the Virginia Department
of Highways and Transportation has inspected and approved these
streets; now
THEREFORE BE IT RESOLVED, that the Council of the City
of Virginia Beach, Virginia does hereby request the Virginia
Department of Highways and Transportation to accept these streets
and to begin paying urban niaintenance payments to the City of
Virginia Beach based upon the established rate.
Adopted this 23rd day of March, 1987
City of Virgi@ Beach, Virginia
CK
ATTEST
AUTH HODGES'SMITII,@@
CLERK OF COUNCIL
ARI'ERIAL STREETS
STRE@ NAME TERMINI CENTERLINE
ROUTE NUMBER FROM To MILES
1. S. Independence Blvd. Lynnhaven Pkwy. Princess Anne Rd. 3.10
2. Lynnhaven Pkwy.
North Bound Lanes Princess Anne Rd. Holland Road 2.12
URBAN STREETS
1. Little Haven Rd. 120' West of Bishopsgate Lane to .13
475 East of Bishopsgate Lane.
2. Bishopsgate Lane Littlehaven Road to 500 South of Littlehaven Rd .10
3. Bishopsgate Lane 500 ft- South of Little Haven Rd. to .22
140 ft. East of Bishopsgate Court
4. Bishopsgate Court Bishcpsgate Lane Dead End .02
5. Celbridge Court Bishopsgate Lane Cul-de-sac .09
6. Beldover Lane Bishopsgate Lane Dead End .03
7. Christa Court Foxwood Drive Cul-de-sac .05
8. Foxmore Court Foxwood Drive End ot Court .05
9. Federal Court Foxwood Drive Cul-de-sac .05
10. Glen Willow Court Glen Willow Dr. Cul-de-sac .04
11. Glen Willow Drive @iindsor Oaks Blvd. 251 North of Tall Oak .12
12. Tall Oak Drive Glen Willow Drive 103' West of Glen Willcw .02
13. Notley Drive Int. @l/Boxford Rd. 3501 S.of Int. W/Boxford .07
14. Boxford Court Int. II/Boxford Road End of Cul-de-sac .03
15. Boxford Road 70' West of Boxford Ct. Int. W/Notley Drive .06
16. Till@n Drive. S. Gum Avenue Cul-de-sac .14
17. Cambridge Court Cul-de-sac 500'South of End of Cul-de-sac .09
18. Whitehurst Landing Rd. Beaucharrp Lane Cul-de-sac .20
19. Whitehurst Landing Ct. V4hitehurst Landing Rd. Cul-de-sac .03
20. Vest Court Whitehurst Landing Rd. Cul-de-sac .03
21. Hargrove Blvd. Providence Rd. 100 North of Jennings St. .19
22. Oglesby Court Hargrove Blvd. Cul-de-sac .10
23. Niland Court Hargrove Blvd. Cul-de-sac .09
24. Jennings St. Hargrove Blvd. Todd Street .05
25. Tc>dd Street 113' North of Jennings St. to Cul-de-sac .07
26. Eustis Court Prospect Lane(Glen Brook Dr.)to End Cul-de-sac .03
27. Glenn Brook Dr. 180 (W) of Maxwood Ct.to 295(E) of Maxwood Ct. .09
28. Maxwood Court Glen Brook Drive End of Cul-de-sac .04
29. Cordova Court Ranchero Road Cul-de-sac .22
STREET NAME TERMINI CENTERLINE
ROUEE NUMBER PROM TO MILES
30. Victorian Crescent Mill Dwn Road Mill DaTn Road .09
31. Colonial Mill Road Wildwood Drive First General Pkwy .32
32. First General Pkwy. Old Donation Parkway to
Approx. 2501 E/of Colonial Mill Road .11
33. Hilloock Crossing Phase II Lawson Hall Rd- .14
34. Lwndin Arch Hillcock Crossing Lawson Hall Rd. .20
35. Wharton Brief Lamdin Arch End of Cul-de-sac .02
36. Larder Post Phase II Lawson Hall Road .06
37. Lawson Hall Rd- Lawson Forrest Diawnd Springs Rd- .28
38. Cobden Road Lawson Hall Rd. End of Construction .04
39. Merner Lane Lawson Hall Rd. Diamond Springs Road .20
40. Lawson Hall Key Diamond Springs Rd. End of Cul-de-sac .11
41. Sangaree Circle Sangaree Circle East 462-751 East .09
42. Rugby Road Sweet Bay Road 800' South .15
43. Davis Way Aylesbury Drive to 90'West of Aylesbury Drive .02
44. Aylesbury Drive 1421 S.of Davis Way to Dead End of Aylesbury Dr .13
45. Aylesbury Drive Davis Way Cul-de-sac .03
46. Davis Way Aylesbury Drive 10OIV4.of Aylesbury Dr. .02
47. Back Acres Road Approx.75'N.of Benlea Circle to Via@n Lane .16
48. Benlea Circle Back Acres Road Back Acres Road .13
49. Back Acres Court Back Acres Road Cul-de-sac .02
50. Benlea Court Benlea Circle Cul-de-sac .02
51. Winterberry Lane 120'N.Winterberry Ct. 120 E. Chicory St. .24
52. Twinflcwer Lane 125 E.Winterberry Lane Chicory St. .26
53. Winterberry Court Winterberry Lane Winterberry Court .05
54. TWinflower Court Twinflower Court TWinflcywer Lane .07
55. Dc>ber Court TWinflower Lane Dober Court .02
56. Chicory Court Chicory Street Chicory Court .03
57. Chicory Street Winterberry Lane 90'S.TWinflcwer @ne .15
58. Winterberry Lane Princess Anne Rd. 290' N.Barberry Lane .14
59. Twinflower Lane Winterberry 125'East .02
60. Barberry Lane @4interberry Lane 2301 N. of Nettle St. .32
61. Crocus Lane Nettle St. End of Crocus Lane .10
62. Nettle Street Barberry Lane 880'V4est Crocus lane .23
63. Princess Anne Rd. East ot Winterberry Ln. West ot Winterberry .13
STRE@ NAME TERMINI CENTERLINE
ROL)TE NUMBER FROM TO MILES
64. Sandy @ioods Lane Pine View Ave. Piney Woods Lane .27
65. Sandy Woods Circle Sandy Woc)ds Lane Cul-de-sac .03
66. Piney Vbods Lane 275 N. of Sandy Woods Lane to 250 S.of SandyWds..09
67. Sandy Woods Lane Pine View Ave. Piney V4oods lane .26
68. Piney TAbods Lane Vepco Easemnt to Approx. 550' North .11
69. Sandy Woods Circle Sandy Woods Lane Cul-de-sac .03
70. Sandy woods Court Sandy Woods Lane Cul-de-sac .01
71. Grey Fox Lane Piney Park Drive Existing Grey Fox Lane .15
72. Rifton Court Piney Park Drive Cul-de-sac .05
73. Piney Park Drive Melstone Drive 100'N. of Grey Fox Lane .60
74. Melstone Court Piney Park Drive Cul-de-sac .12
75. Melstone Drive Melstone Court Grey Fox Lane .16
76. Hawks Bill Drive Indian River Rd 440'S.of Eagle Run Rd. .18
77. Hawks Bill Court Hawks Bill Drive Cul-de-sac .03
78. Wicamico Lane Hawks Bill Drive 1001 East .02
79. Eagale Run Road Hawks Bill Drive 90' west .02
80. Eagle Run Road 102 S.of Hawks Bill Dr./90 W. of Hawks Bill Dr. .22
81. Hawks Bill Drive Eagle Run Road 100' East .02
82. Wicomico Lane 100'East of Hawks Bill 1235' South .23
83. Hawks Bill Drive 100'East of Eagle Run 552' East .11
84. Wicomico Lane BO'W. of Crowsfoot Lane 2501 N.of Crcwsfoot .08
85. Crowsfoot Lane Wicomico Lane Lynnhaven Parkway .02
86. Crcwsfoot Court Lynnhaven Parkway Cul-de-sac .06
87. Lynnhaven Parkway 200' E. of Crowsfoot ln 270' W. of Cul-de-sac .09
88. Chilhcwie Circle Lynnhaven Parkway Cul-de-sac .07
89. Lynnhaven Parkway 140' @i.of Chilhowie Ct. 240'E. of Albright Dr. .13
90. Hiwassee Circle Sinking Creek Drive Cul-de-sac .04
91. Kanawha Court Sinking Creek Drive Cul-de-sac .03
92. Sinking Creek Dr. Lynnhaven Parkway Cul-de-sac .23
93. Sinking Creek Ct. Sinking Creek Dr. Cul-de-sac .04
94. Middlesboro Court Albright Drive Cul-de-sac .02
95. Albright Drive Lynnhaven Parkway Middlesboro Court .05
96. Middlebrook Court Middlebrook Lane Cul-de-sac .09
97. Middlebrook Lane Lynnhaven Pkwy. Cul-de-sac .11
98. Lynnhaven Pkwy. 240 E.of Albright Dr. Dead End (480'E) .09
STREET NAME TERMINI CENRERLINE
ROLITE NUMBER FRJM TO MILES
99. Mill Oak Drive Bridle Creek Blvd- Bridle Creek Blvd. .25
100.Rugby Road Bridle Creek Blvd- Bridle Creek Blvd. .34
101.Sangaree Circle Bridle Creek Blvd. 1074' North .20
102.Bridle Creek Blvd. Pleasant Valley Rd. High Plains Drive. .03
103.High Plains Drive Cul-de-sac N. to Cul-de-sac S.of Bridle Creeks .19
104.Collingswood Trail Graavenhurst Drive 990 South .18
105.Riverstone Road Settlers Park Drive End of Cul-de-sac .05
106.Settlers Park Drive 75'W.of Int. W.Riverstone Dr. to 290' S. of .11
interstate W.Riverstone Drive
107.Millington Drive 80' West of Glemont Ln Cul-de-sac .30
108.Gler=nt Lane Millington Drive Collingwoc>d Trail .30
109.Glermnt Ct- Glemont Court Cul-de-sac .40
110.Collingwood Trail 80'West of Glermont Ln 4001 East .20
lll.Tultion Court Campus East Section 3 Cul-de-sac to Cul-de-sac .07
112.Royal Haven Crescent London Bridge Rd. Cul-de-sac .15
113.Grey Friars Chase Int. W. Rec. Dr. 96'N. of Int. W.Grey Friars .18
114.Grey Friars Chase 961 N. of Int. W. Grey Friars Chase to .05
90' S. of Int. W. Grey Friars Chase
115.Grey Friars Chase Int. W. Grey Friars Chase to .25
1001 East of Interstate W. Handcross Way
116.Handcross Way 100' N. of Int. W. Grey Friars Chase to .12
End of Cul-de-sac
117.Grey Friars Chase Int. W. Handcross @lay to Int. W. Brightwell Pl. .21
118.Windrush Trace Int. Ii. Grey Friars Tr. to .02
901 W. of int. W. Grey Friars Chase
119.Monet Drive Holland Road 140 West Mendon Ct. .24
120.Glastonburg Drive Monet Drive 5901 West .11
121.Mendon Court Monet Drive Dead End .04
122.Monet Drive IIO'E. Haverhill Drive 150'vi.Glastonbury .19
123.Lamrton Court Glastonbury Drive Dead End .04
124.Lanesboro Drive Glastonbury Drive 120' West .02
125.Glastonbury Circle Glastonbury Drive Dead End .09
126.Haverhill Drive Monet Drive 100' South .02
127.Glastonbury Drive 80'E. @rton Court Monet Drive .38
128.Glastonbury Drive Monet Drive 100' South .02
129.Monet Drive 76' E.Bloomfield Dr. 360 W.Bloomfield Dr. .09
130.@qilliston Drive Blocmfield Drive 440'East Bloomfiel Dr. .08
STREET NAt4E TEPMINI CENTEPLINE
ROUTE NUMBER FROM Io MILES
131.Williston Ct. Williston Drive 2401 west .05
132.Bl@iold Dr. Monet Drive 110'South Bloomfield Ct..ll
133.Bloomfield Ct- Bloomfield Drive 5201 west .10
134.Glastonbury Drive 821 East Vanderpoc)l 1401 W. Haverhill Drive .13
135.Vanderpool Court Glastonbury Dr. 4801 East .09
136.Haverhill Drive 86" N.Glastonbury Drive 12001 S. Galastonbury Dr.25
137.Haverhill Ct- Haverhill Drive 8601 west .07
138.Glastonbury Drive 65" E. Rosemont Rd. 7701 W. Rosemont Toad .16
139.Allaben Drive Glastonbury Drive 100 W. Allaben Court .06
140.Allaben Court Allaben Drive 2201 South Allaben Dr. .04
141.Monet Drive 400' E.Monet Ct. 11001 W.Monet Court .32
142.Monet Court Monet Drive 700' South .13
143.Honaker Circle Monet Court 2001 west .04
144.Haverhill Drive Glastonbury Drive 5001 @iest .10
145.Montour Court Glastonbury Drive 4601 west .09
146.Glastonbury Drive 120" N.Montour Ct. 1801 S. Montour Ct. .06
147.Quail Point Cove Dr. (2uail Point Rd Cul-de-sac .28
148.Horst Point Ct. Quail Point Cove Dr. Cul-de-sac .02
149.Fenrose Court Quail Point Cove Dr. Cul-de-sac .02
150.Shadblow Court Quail Point Cove Dr. Cul@e-sac .08
151.Star Grass Road Quail Point Cove Dr. Cul-de-sac .12
152.Stoneshore Road 150' W. Shady Hollcw 200'E. Shady Hollcw .07
153.Shady Hollow Lane Stoneshore Road End of Court .03
154.Northwood Drive Stoneshore Road Meadowbridge Lane .11
155.Stoneshore Road Rosemnt Rc)ad Northwood Drive .09
156.Meadowbridge Lane Northwood Drive End of Court .09
157.Meadcwbridge Court Meadowbridge Lane End of Court .02
158.Shadow Tree Lane Stoneshore Road 95' Vi. of Windgridge Rd..12
159.Windridge Road Shadow Tree Lane Cul-de-sac .06
160.Cul-de-sac S. Spiegel Drive Cul-de-sac .03
836 Speigel Dr.
161.Relocate Indian Rive Road 1695' South .32
Centerville Tpk.
162.Dam Neck Road General Booth Blvd. 400' Left of Gallery Ave.51
- 28 -
Item III-H.2
CONSENT AGENDA ITEM # 27072
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Signet Enterprises, Ltd. for the closure of a
portion of Thompkins Lane (Kempsville Borough).
All that certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach,
Virginia, being part of Thompkins Lane shown on
exhibit entitled "Exhibit Showing a portion of
Thompkins Lane to be closed for Signet Enterprises,
Ltd.117 Kempsville Borough, Virginia Beach,
Virginia, made by Engineering Services, Inc., dated
February 1987, which exhibit is attached to the
ordinance of vacation from the City of Virginia
Beach, Virginia, to Signet Enterprises, Ltd. and is
to be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, more
particularly descibed as follows:
To establish a point of beginning, begin with
northwest corner of Thompkins Lane (501 R/W):
Having thus established the point of beginning,
thence N04 Degrees 521 3111 E, 20.111 to a point;
thence N89 Degrees 04' 0211 E, 117-57' to a point;
thence N04 Degrees 35' 4511 E, 998-58' to a point;
thence N85 Degrees 341 2611 E, 30-38' to a point;
thence S04 Degrees 35' 45" W, 231-14' to a point;
thence S85 Degrees 40' 15" W, 10.121 to a point;
thence S04 Degrees 35' 4511 W, 788.791 to a point;
thence N89 Degrees 04' 0211 E, 15.071 to a point;
thence S89 Degrees 04' 0211 W, 102.661 to a point;
thence N04 Degrees 54' 1411 E, 15.061 to a point;
thence S89 Degrees 041 2111 W, 50.25' to the point
of beginning. Said portion of Thompkins Lane to be
closed is located in the Kempsville Borough, Virginia
Beach, Virginia and contains 0.611 acres.
The Viewers are:
David C. Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
- 29 -
Item III-H.2
CONSENT AGENDA ITEM 9 27072 (Continued)
Councilwoman McClanan and Councilman Perry were interested in the exact
portion of Thompkins Lane to be closed. The Viewers will report to City
Council.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE APPO-INTING VIEWERS
NHE@REAS, Sigriet Enterprise L.td. has given duE-- and prc)pE,'r
t)otice i@i accor,d %,qitl@ l@gw t:ha@. it @qc)uld, C)rl t:lle ... ,23rd.. d,,2 f March
1987, apply to thE? City Cc)@iricil of the City of Virginia Beach,
I/ 1 r, g i n i a , f o r t h e a p p c i n t ri) et@ t o f v i e,,4c,- r, s t o v i -, w t he be I o w - d e s c r i be d
p o r, t i c) r i o f T h o ni p k i r) s; L, a n e -i n K e m p s v i I I e El o r, ou g h , 1 n t he C i t y o f
Bc@ach, Vir,gir)ia, at@d to t,spof,t ir@ @4r,itinq tc) this Cc)uncil
whE,,t@)er, iri the opin-iori of said viewers any, ar)d if any, what
incc.)ti et@iet@ce wo@ild t,e@sLilt: f@-,Drn t:he discotitiriuance, closure and
aL)@,r)dc)tirr,erit of said pc)r,t-iciri c)f T@)or,)pkin Lar)e; ar)d
@,@IIEREAS, such application has been properly filed with this
ar@d
WHEREAS, all requ-irements of law have been met;
NOW, @RHEREFORE, @)e it ORDAINED by t@ie Council of the City of
Vi@,cjinia Beacl), Virginia, that Oral Lambert
I'll."I'll,@,@,@ ---- ............... ......... .......
Robert Scott and David Grochmal be
.......... .... .............. ....... .......... I..@ ....... ................. .......
n c@
eac@) c)f t@)ern @)ereby appo-intE,,d tcD view that certain portion of
T@)ori,iDkiri@, LEr@e as ho@qti c)n Ex@)ibi@ en@.i@led "E@<liibit Show@ng a
Portion of T[ic)rnpkiris Lane To Be Clc)sed -for, Sigr)et Er)terprises Ltd.",
f@en,psville Bof-z)ugh, Vfrgit,.ia B,-@-ach, Vit,gitiia, n)ade @)y Engineer,if)g
Se,-t,vices Inc., dated Febt,uary 1987, which Ex@)ib-it is attached to tl)e
of vac,5tic)ti to be recorded in tl-ie, Clerk'-- Office of the
Cit,c@lit: Cout,t of tlie City c)f Virgitiia Beac@l, Virginia, and said
v-iewers- @'hall r,epc)r@t -in wr-iting tc) this Counc@l on or
befc)r,e ,,, ........ ...... . . 1987, at 2:00 p.ni., @,ihethet, in their
opin,ion ar)y, ar)d if ar)y, w@)at ir)conver@ier)ce would result to the
pu@)l@c fi,orii the discot@uitiuat ce, vacation atid al)andonriient C)f said
pc)r,t@or) f Thc)riipkiri-, Lane.
APP@OVED AS TO CONTENT
SIC!@A'UP,E
ADOPTED: March 23, 1987
ConJoilo,
ATIORNEYS AND COUNSELLORS AT LAW -4-
4560 COLUMBUS LOOP. VIRGINIA BEACH. VIRGINIA 23462
TELEPHONE (SD4) 49D.2711
ERNEST C. CONSOLVO
CARL S. MARKOWrrZ
MLLIAM T. WEBS, JR,
March 16, 1987
David S. Hay
Assistant City Attorney
Municipal Center
Virginia Beach, Virginia 23456
RE: Proposed Closure of Portion of Thompkins Lane
CERTIFICATE OF VESTING OF TITLE
I, Carl S. Markowitz, do hereby certify that:
1. I am an Attorney at Law licensed to practice in the
Commonwealth of Virginia; and
2. I have examined the record title to the property
abutting that portion of Thompkins Lane to be closed and vacated
by the City Council of the CitY of Virginia Beach, as
hereinafter described, on application of the petitioner, Signet
Enterprises, Ltd.; and
3. Signet Enterprises, Ltd. is the owner of equitable title
in and to said abutting property by virtue of certain purchase
contracts with the record owners; and
4. If the property described below is discontinued, closed
and vacated by the City Council of the City of Virginia Beach,
then equitable title thereto will vest in Signet Enterprises,
Ltd. by virtue of said contracts with the adjacent lando@ners.
The portion of Thompkins Lane referred to herein is
described as follows:
ALL THAT certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach,
Virginia, being part of Thompkins Lane shown on
exhibit entitled "Exhibit Showing A Portion of
Thompkins Lane To Be Closed for Signet Enterprises
Ltd.", Kempsville Borough, Virginia Beach, Virginia,
made by Engineering Services, Inc., dated February
1987, which exhibit is attached to the ordinance of
vacation from the City of Virginia Beach, Virginia, to
Signet Enterprises Ltd. and is to be recorded in the
Clerk's office of the Circuit Court of the City of
Virginia Beach, Virginia, more particularly described
as follows:
To establish a point of beginning, begin with
northwest corner of Thompkins Lane (501 R/W):
Having thus established the point of beginning, thence
N04'52131"E, 20.11' to a point; thence N89' 04'02,'Ep
117.571 to a point; thence N04@35'45"E, 998.58' to a
point; thence N85@34'26"E, 30.38, to a point; thence
S04'35145"W, 231.141 to a point; thence S85@40'15"W,
10.121 to a point; thence S04'35'45"W, 788.79' to a
point; thence N89*04'02"E, 15.071 to a point; thence
S89'04'02"W, 102.66' to a point; thence N04054'14"E,
15.061 to a point; thence S89@04'21"W, 50.251 to the
point of beginning.
Said portion of Thompkin closed is located
in the Kempsville Borou ach, Virginia
and contains 0.611 acres
CONSOLVO, M)
AFFIDAVIT
ST@,Tl- OF VIRC-,INIA.
C I TY C),F RGI @41.@ BE:.AC,'Yf. tc)- w-i t-
I C@ . E Hc)l t r- . , ;-@et i t ioner ir)d ap;)l i cat@t f @r @.icl(-IE@t
c r p r L t c3 . L cL, -i r) c,
,, f -i r; t d LJ 1 y s @ c, r, t@ , d e p C>s e a r i c@ st e
I T i) a t I @, e ID r- e s e r) L 3 1 g @@ e t E ti t c, r p @- i s e s L t o
2 T@-iat c)n Marc@i 2, 1987, 1 rEquestE:@d THE
%'@'@,'C-,INI,@rJ-PILOT/LEDGER-STAR, , ne@qspapet, hav@nq a general
c c:i @i I a t i c)r-, i n t @ie C i t y c)f Vi r, cj @ n i a B ea c l@ , V i t,g i n -i a0 p@l b I -i s @l
ot-, Ma r, c @) 8 , I 9 8 7 , ati dr c Ii 1 5 ,1987, notic,@ f the preset-ititia
c)17 the application to clc)se a portic)n of Thompk-inE,, i-ar)L-,
V 6 E-,ac @, , V 1 r g 1 r, 1 @, @
At-)d further this depatient sayeth not.
@u bE; c r 1 bE?d a r)cl s @,o rr'@ t 0ef c)r e rnc- t @i i s day
9 7 .
tlotary P @ii
p F-7
- 30 -
Item III-H-3-
CONSENT AGENDA ITEM # 27073
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
LOW BID to Asphalt Roads and Materials Company,
Inc. in the amount of $4,189,576-33 for the
reconstruction of Holland Road, Phase IV, CIP 2-901
and Lynnhaven Parkway/Holland Road Intersection
CIP 2-933.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 31 -
Item III-H-4
CONSENT AGENDA ITEM # 27074
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
LOW BID to Contractor's Paving Company, Inc. in the
amount of $57,886 for street improvements for the
100 Block of 83rd Street CIP 2-837.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 32 -
Item III-I.1
APPOINTMENTS ITEM # 27075
Upon NOMINATION by Councilman Perry, City Council APPOINTED to the COMMUNITY
DEVELOPMENT CITIZENS ADVISORY COMMITTEE
Donald Wright
(representing GRKCETOWN)
(Unexpired Term of Joseph Lee Ending October 31, 1988)
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 33 -
Item III-I.2.
APPOINTMENTS ITEM # 27076
Upon motion by Councilman Fentress, City Council APPOINTED to the DEVELOPMENT
AUTHORITY:
Andrew S. Fine
(Unexpired term of Lawrence Joyner Ending August 31, 1989)
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 34 -
Item III-I.3
APPOINTMENTS ITEM # 27077
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to:
OCEAN LAKES FACT FINDING COMMITTEE
3 5
Item III-I.4
APPOINTMENTS ITEM # 27078
Upon NOMINATION by Vice Mayor Oberndorf, City Council REAPPOINTED to the
PLANNING COUNCIL:
Councilwoman Barbara M. Henley
One Year Term
April 1, 1987 - March 31, 1988
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, 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 Abstaining:
Barbara M. Henley
Council Members Absent:
None
Councilwoman Henely ABSTAINED as she did not feel it proper to vote for
herself.
- 36 -
Item III-I-5-
APPOINTMENTS ITEM # 27079
Upon NOMINATION by Councilwoman Henley, City Council APPOINTED to the WETLANDS
BOARD:
James 0. Hertz
(Unexpired Term of Roland Dorer Ending 9/30/89)
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry"
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 37 -
Item III-K.1
NEW BUSINESS ITEM # 27080
A RESOLUTION was distributed to City Council ADOPTED by the School Board of the
City of Virginia Beach on Tuesday, March 17, 1987. This Resolution advised it
had been determined it is was not economically feasible to build an elementary
school in the Ocean Lakes area. This Resolution further requested the
$6,170,000 designated for an elementary school in the Ocean Lakes area be made
available for the purpose of expanding and enlarging the Red Mill Elementary
School site and facility to a "double school". (Said resolution is hereby made
a part of the record).
Carlton Bowyer, Assistant Superintendent for Virginia Beach Public Schools,
advised the purpose of said Resolution was to solve the problem in OCEAN
LAKFS. There was discussion of duplicating Birdneck School and transferring
funds to acquire an additional ten acres making this a 25-acre site and the
projected cost of the land acquisition approximately $1 0 MILLION. The
School Board was requesting action by City Council as holding up the decision
would delay the Red Mill Elementary School. Carlton Bowyer advised there were
only thirty-days on the validation suit. The "double school" would house 1600
students.
Jim Harris, Staff Architect, was in attendance
Assistant City Attorney Jay Richardson responded to City Council inquiries.
The School Site Selection Committee reiterated they would not recommend
building any school on the 43-acre site (Ocean Lakes) at the present time. The
School Site Selection Committee further advised it might be a feasible idea to
investigate the possiblity of placing a "double school" in the Red Mill area.
Beginning in July 1987, IIRSD will be installing a $12- to $15-Million odor
abatement program. With the completion of the odor abatement program plus the
land swaps, a desirable piece of property of 43 to 45 acres should be available
at that time.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
DEFERRED, one week until the City Council Meeting of March 30, 1987, any action
concerning the RED MILL FARM ELEMENTARY SCHOOL. The Referendum Document for
Validation shall be prepared. The Virginia Beach School Board is to hold a
JOINT PUBLIC HEARING with City Council.
Voting: 11-0
Council Members 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 Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Members of the Virginia Beach School Board will be present at the INFORMAL
SESSION of City Council on March 30, 1987, to respond to Council's inquiries.
- 38 -
Item III-K.2
NEW BUSINESS ITEM # 27081
BY CONSENSUS, City Council RESCHEDULED until the City Council Meeting of March
30, 1987:
Sale of 1987 Municipal Bonds
- 39 -
Item III-K.3
NEW BUSINESS ITFM # 27082
ADD-ON
Councilwoman McClanan referenced her letter of March 19, 1987, concerning the
CONDEMNATION process. (Said letter is hereby made a part of the record).
Councilwoman McClanan advised she would like to add verbage under the standard
Authorization of Acquisition of Property in Fee Simple for the Right-of-Way and
Acquisition of Temporary/Permanent Easements of Right-of-Way Resolution which
the City adopts, in effect to say the property owner must be notified "both
verbally and in plain written English. If refused, at the expiration of sixty
(60) days, the City Attorney would be authorized to proceed to condemn such
property." Councilwoman McClanan advised she was not committed to the "sixty
(60) days". This was only a suggestion. Councilwoman McClanan was particularly
concerned with the General Booth Boulevard situation.
Councilman Baum expressed his concern with the appraisal procedure and the
residue parcels in various areas, particularly General Booth Boulevard.
The Staff will SCHEDULE a Briefing for the City Council on March 30, 1987,
concerning Highway Acquisition Right-Of-Way Policy. The City Attorney will
advise what options are available regarding CONDEMNATION.
- 40 -
Item III-L.1
ADJOURNMENT ITEM # 27083
Upon motion by Councilman Baum and BY ACCLAMATION, City Council KDJOURNED the
Meeting at 6:03 P.M-
B .. ly
Chief Deputy City Clerk
uth Hodgelg Smith, CMC
@city Clerk
City of Virginia Beach
Virginia