HomeMy WebLinkAboutJULY 7, 1986 MINUTES
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AUTH)JO@ SUNW. CA(r C-v CITY COUNCIL AGENDA VIXC;JN" @CU. VINC.INL4
i.ly 7, 1986
Virginia Beach City Council
ITEM I. JOINT SESSION OF VIRGINIA BEACH CITY COUNCIL Conference Room 11:00 AM
and VIRGINIA BEACH PLANNING COMMISSION
A. CALL TO ORDER - Mayor l@obort G. Jones
13. ROLL GALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
IThM II. REGULAR SESSION OF VIRGINIA BEACII CITY COUNCIL - Council Chambers 2.00 PM
A. INVOCATION: Revereid William L. liawkins, D.D-
First Presbyterian Cliurch
B. PLEDGE OF ALLEGIANCE TO TIIE FLAG OF TIIE UNITED STNFES OF
AMERICA
C. ELECTL@ONIC ROLL CALL OF CITY COUNCTL
D. CITY MANAGER'S AD@IINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINLNT @IATTERS
F. MINUTES
1. Motion to accept/approve Minutes:
Regular Scssion of June 23, 1986
Spc,ci-al Sessio.'l of Juiy 1, 1986 - 10 AM
Special Sossion of July 1, 1986 - 10:40 AM
G. PRESENTATION
1. ResoluLion in [@,cognition - Phyllis Millette
H. PUBLIC HEARING
1. Polling Location Changes
1. PLANNING - BY CONSENT
1. Ordinance closing, vacaLLng aid disconlinuing a portion of
P.I(,asure House Road beiinning at the Nortlicast iitersection
of Pleasure tlousl Road aid Aidrew Jackson Lane and running
in a northcrly dir,-ction a distanco of 195.53 feet,
contai-,iing 5642.39 square @ce-L in tlie petition of Runnymede
Corporation (Bayside Borokigli).
Recommendation: APPROVAL
2. Application of Ruby J. Wilkerson for a variance to Sectiol
4.4(b) of tlic Subdivi.,@ion Ordinance whicii requircs that all
lots conlorm to tlie Compreheisivc@ Zoning Ordinance, located
on tlie nortli sidc of Guin Bridge Road, 880 fec-@t east of
Charity Neck [@ad (Pungo Borougli).
Rcconimendation: APPROVAL
3. Application of Earl J. Cross and Scott Updegraff for a
c.liang(2 of zoning from R-4 Residentiil Di.stri.et to B-2
Community-Business I)i.strict located on the east side of
South Boulevard, 228.53 feet north of Sotith Independence
Boulevard located at 4665 and 4669 South Boulevard
containini,, 1.25 acres (Kompsville Borough).
Rccommendation: APPROVAL
4. Application of Thomas C. Broyles, Plastic Surgery Center,
Inc. and Charles S. Nusbaum for a cliange of zolina. from R-8
Rc@sidential Di-sLriet to B-2 Community-Business District on
tl-ie south side o-@OUL Birdneck Road, 210 feet east of
General Booth Boui(-@vard containing 1.14 acres (Priiicess
Arine Borough).
Recomme,id,i,,ion: APPROVAL
5 Application of T. M. Malbon and Hugh Brydges (MalBridge,
Inc.) for a cliinge of zoning from R-6 Resi'dentill DLstrict
to A-2 Apartment District (Lynnliaven Borough):
Parcc,l I : Located oi tlie soulli side of Old Virginia Beach
Road b,2ginning at a point 920 feet more or less east of
Birdneek Road aid running in a soutlierly direction a
dista,ice of 358.59 feet.
Parce.1, 2: Locatcd 280 fcct south of Old Virginia Beach
Road bcginning aL a point 800 f Let more or less cast of
Birdneck Road and runriing in an easterly direction a
distance of 139.86 feet.
Recommendation: APPROVAL
J. PLANNING
1. REQUEST TO REINSTATE 11-2 ZONING:
Cavalier Hotel Corporation, not having met conditions of
previous zoning, requests rcestabiishment of original 11-2
lkesort liotel Di.strict.
Recommendation: APPROVAL
2. Application of John W. Swan for a variance to Section
4.4(b) of the Subdivision Ordinance wllicli requires that all
lots conform to the Comprelieqsive Zoning Ordinance, locatcd
at 2893 West Gibbs Road (Blackwater Borough).
l@ecommendation: APPROVAL
3. Application of Shore Drive Enterprises for a chani,,e of
zoning froin l@-8 Resi(icntial Di.strict @o B-4 Rcsort-
Comercial District on the east side of DuPonL Circle, 120
fcet morl or less nortli of Dinwiddie Road located on Lots
17 aii(i 18, Block iO, Ocea-,i Park, contaiiiing 15,246 square
fect (Lyniiliaveii liorougli).
RecommendaLion; WITRDRAWAL
4. Application of Marlene Woodall for a cliange of zoning from
R-8 Rpsidential District to B-2 Commiinity-Blisiness District
on Lots 25 aid 26, Blocl<. 11, Oceana Gardens, located at
1657 Viri,!i-,iia Beacli Boulevard, con,@aining 15,682 square
fLet (Lyniliave@l Borough).
Rccomme-,idation: APPROVAL
5. Application of RML Corporation, for a change of voning from
l@-6 Residenti.al District to B-) Business-Residential
@is'l-rict located at tlie northeast intersection of First
Coloni.al Road and Laurci Lane, at 844 First Cololial Road,
containing 2.702 acres (Lynnliavcn Borough).
Tlais item was deferred 6/16/86.
Recommendation: DLNIAL
6 .Application of Hollybar, Inc. for a chanffe of zonia& from
R-5 Resi(lentiil Di,stri,et to B-2 Commtinity-Business Di.strict
at the nortliwest corner of @ti-LI Dam Road and Slioveller
Lane, locatcd at 1530-34, 1540 and 1548 Mill Dam Road,
co,itai-,ii.ng 3.33 acres (Lyn,,iliaven Borougli).
Reconimendatio,i: DENIAL
7. Appl.ication of A. T. Associates for a conditiona.1 use
permit for automotive maintenance, servi-ce and storage on
the southwest coriier of Virginia Beach Boulevard and
Mustang Trail, localed at 2717 Virginia Beach Boulevard
contai-.iing 14.5 acres (Lynniiaven Borough).
Reco=icndation: APPROVAL
K. ORDINANCES
1. Ordi-,iance to amend and reordain Chapter 10, Sections 10.1
and 10.2 of '@lic Code of the City of Virginia Beach
pertaining to election districts and voting places within
the City of Virginia Beach.
2. Ordinance authorizing tlie City Manager to execute an
objection to the Virginia Compensation Board by the City of
Virginia Beach and Virginia Beacb Sheriff's Department.
L. CONSENT AGENDA
All matlers I.isted uiidcr tlie ConsenL A&,enda are considercd in
tliL ordinary course of business by City Council and will be
enacted by one motion in tiic form listcd- It an itlm is
reiiioved froin the Consent @,enda, iL will be discuss(!d and votc@d
upon separatel.y.
1. Resolution In Recognitioi - Phyll-is Millette
2. Ordinance to amend and rlordain Section 21-377 of the Code
of the City of Virginia Beach, Virginia, pertailing to open
storage of inoperative vehicles.
3. Ordinance to amend Llie Code of tlie City of Virginia Beach
by ADDING a Section numbered 12-43.1 pertaining to fire
suppression systems in certaia buildings.
4. Ordinance autliorizing tlie City Maiiager Lo execute a Deed of
Easement between tlie City of Virginia Beach and Hampton
Roads Sanitation District.
5. Ordiiiaiice autliorizing acquisition of property in fee simple
for right-of-way for Laskin Road and Oriole Drive Traffic
Control easements aryd @he acquisition of t(@mporary and
pe,-Manent easements o[ right-of-%gay cither by agrlement or
by condenination.
6. Resolution endorsing and supporting the continuation of Llic
Virginia Beach Clean Community Nintti Year Program and
requesting tlie Virginia Departmeqt of Conservation and
Economic Devel-opment, Division of Litter Control, approve a
grant of $17,070 for said prograin.
7 . Ordinance Lo transfer $60,525 to the Department of General
Ser-vices to cover tlic lease of office space for General
Government and Operations D(-,partinents at Princess Annc@
Lxecutive Park.
8. Ordinanec upon SECOND READING to appropriate $71,000 for
the acquisition of a dredge.
9. OrditiancL upoii SECOND READING to appropriate $4,492,116 for
the acquisition of property at the Municipal Center and
establish a capital project for the acquisition.
10. Ordinance upon FIRST RFADING to accept and appropriate a
Grant from tlie Department of Corrections totaling $227,500
for tlie Virginia Beach Community Diversion Inceative
Program.
11. Ordinance to ADD one full-time secretarial position and
delete three part-time clerical positions ill tlie Pol-ice
Department.
12. Ordinance to autliorizl a temporary encroachment into a
portion of the right-of-way of Holland Road to Welch
Industries, Inc., its assigns aiid successors in title.
i3. Ordinance for 'clie appointment of viewers Mr. Robert J.
Scott, Mr. David M. Groclimal and Mr. C. Oral Lambert, Jr.
for the closure of a portion of Pennsylvania Avenue in the
petition o[ GordorL Rudolph.
14. Certificate of PubUc Convenience and Necessity:
Bcach & Coastal Cab
II.B.D. Marine Services
15. Bingo/Raffle Permit:
Animal Assist,,iice Teague of Virginia, Inc.
16. @,solution directing the City Treasurer to certify to the
Commissioner of Revenue a copy of the list of Real Estate
on the Land Books wliich is improperly placed tlier('.on or
whicli is not asccrtainable.
17. Autliorization of the City of Virgiiiia Beach to Jolm T.
Atkinson, City Treasurer, to charge-off uncollectable debts
in the amouqt of $334.00.
18. Ordinance authorizing tax refunds in the amount of
$ 1,4 9 9.5 7.
19. Ordinance aulliorizing license refunds in thL- amount of
$1,550.35.
M. UNFINISHED BUSINESS
1. L@-CONSIDERNEION NO. CC@08: Goodman, Segar, Hogan request
for curb cu, on SaIL@m L@oad (conditions of approval 8/6/79
to Sunstream Park, Inc.)
2. Ocean Park Beach
N. NEW BUSINESS
0. ADJOURNMENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 7, 1986
The JOINT SESSION OF VIRGINIA BEACH CITY COUNCIL and VIRGINIA BFACH
PLANNING COMMISSION was called to order by Mayor Robert Jones in the
Conference Room, City Hall Building, on Monday, July 7, 1986, at 11:00 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
Planning Comissioners Present:
Chairman Thomas M. Ammons, Daniel J. Arris, Steve S.
Atkinson, Kenneth Barefoot, Vice Chairman Judith
Dockery, Bryan Evans, Jr., Donald H. Horsley, Charles
R. Krummell and F. Donald Reid.
Council Members Absent:
None
Planning Commissioners Absent:
None
- 2 -
ITEM # 25637
Mayor Jones entertained a motion to permit Council and the Planning Commission
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. PUBLICITY 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 14ATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council
voted to proceed into EXECUTIVE SESSION.
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
July 7, 1986
- 3 -
ITEM # 25637 (Continued)
Upon motion by Commissioner Krummel, seconded by Commiasioner Reid, the
Planning Commission voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Planning Commissioners Voting Aye:
Chairman Thomas M. Ammons, Daniel J. Arris, Steve S.
Atkinson, Kenneth Barefoot, Vice Chairman Judith
Dockery, Bryan Evans, Jr., Donald H. Horsley, Charles
R. Krummell and F. Donald Reid.
Planning Commissioners Voting Nay:
None
Planning Commissioners Absent:
None
July 7, 1986
- 4 -
ITEM # 25638
INFORMAL SESSION
PRESENTATION
CONDITIONAL ZONING
July 7, 1986
12:15 P.M-
The City Manager introduced Robert J. Scott, Director of Planning, who
reiterated various statistics concerning CONDITIONAL ZONING. Fifty-eight
written restrictions have been put to record over a twelve year period. Of
those restrictions approximately 52% entailed density, 28% - entailed single-
family development, 29% - type of use, 26% - physical development, and 12% -
involved other factors (noise disclosure, architectural style, dedication of
right-of-way). The City's Zoning Ordinance as it exists today does not
entirely comply with the individual's needs.
Robert Scott defined CONDITIONAL ZONING as a viable alternative. This is the
acceptance of written proffers made by the applicant to the City Council
attached to approval of a rezoning. CONDITIONAL ZONING is utilized in other
localities. No individual locality is exactly like Virgnia Beach.
Mr. Scott advised of the six characteristius of the Virginia Beach System:
1. Virginia Beach has a large rezoning agenda.
2. A high value is attached to I'speed.11 There
is approximately a 60-day wait.
3. Enforcement is important. Some conditions
piaced on rezonings will be quite difficult
to enforce.
4. Speed is important in review of subdivisions
and site plans.
5. An increase in Staff size might be necessary
with a change in the method or complexity.
6. The City's approach to procedures.
The Conditions of CONDTIONAL ZONING were further reiterated:
1. The rezoning itself must give rise to the
need for the conditions.
2. The conditions shall have a reasonable
relation to the rezoning.
3. The conditions shall not include a cash
contribution to the county or municipality.
4. The condition shall not include mandatory
dedication of real or personal property.
5. Such conditions shall not include payment
for or construction of off-site
improvements.
6. No condition shall be proferred that is not
related to physical development or physical
operation of the property, provided also
that the condition shall be conforming to
the Comprehensive Plan.
Robert Scott also reiterated common misconceptions associated with CONDITONAL
ZONING.
July 7, 1986
- 5 -
M A T T E R S B Y T H E M A Y 0 R
ITEM # 25639
LANIER DEMONSTRATION
City Council RECESSED for LANIER DEMONSTRATION.
SEATING ARRANGEMENTS (FORMAL AND INFORMAL)
The Mayor advised the SEATING ARRANGF14ENTS were based on seniority.
AGENDA FORMAT
The Mayor advised formalities enhance the decision making process and focus the
matters on the debate. The Meeting will be conducted according to "Roberts'
Rules of Order".
There will be four (4) different types of meetings. The first would be the
FORMAL MEETING to be conducted in the Council Chambers at which the legislative
business of the City is conducted and at which the Staff presents formal
presentations and briefings.
The Second type of meeting would entail the INFORMAL MEETING to be held in the
Conference Room. Informal Briefings by Staff will be addressed as well as
concerns of Council Members. Executive Session will also be addressed in the
Conference Room.
The Third type of meeting would be WORKSHOPS, to be handled in a very informal
manner, there being no ROLL CALL.
The Fourth type of meeting would be PRESENTATIONS. All PRESENTATIONS in
Recognition will be at 6:30 P.M- on the Fourth Monday of each Month.
CIP WORKSHOP
There will be a WORKSHOP for the CAPITAL IMPROVEMENT PROGRAM on July 8, 1986 at
7:00 P.M. in the Conference Room.
DIRECT ELECTION OF THE MAYOR AND BOARDS AND COMMISSIONS.
A WORKSHOP should be scheduled in the future concerning DIRECT ELECTION OF THE
MAYOR, as well as the activities of the Resort Area Advisory Commission and the
various Boards and Commission.
July 7, 1986
- 6 -
ITEM # 25640
Mayor Jones entertained a motion to permit Council and the Planning Commission
to conduct its EXECUTIVE SESSION (1:35 P.M.) Pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. PUBLICITY 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.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council voted to proceed into EXECUTIVE SESSION.
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
July 7, 1986
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
July 7, 1986
2:15 P.M-
Mayor Jones called to order the Formal Session of the Virginia Beach City
Council in the Council Chambers, City Hall Building, on Monday, July 7, 1986,
at 2:15 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 William L. Hawkins, D.D.
First Prsbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1 ITEM # 25641
CONSENT AGENDA
Councilman Baum referenced an Ordinance to amend and reordain Section 21-377
of the Code of the City of Virginia Beach, Virginia, pertaining to open
sttorage of inoperative vehicles (See Item II-L.2 of the Consent Agenda).
This item will be pulled for a separate vote.
Item II-D.2
CONSENT AGENDA ITEM # 25642
The City Attorney advised of a typographical error in the Ordinance to amend
the Code of the City of Virginia Beach by ADDING a Section numbered 12-43.1
pertaining to fire suppression systems in certain buildings. (See Item II-K-3
of the Consent Agenda). The term "high" roof is incorrect, same should be
"hip" roof.
Item II-D-3
CONSENT AGENDA ITEM # 25643
Councilwoman Parker referenced an Ordinance to transfer $60,525 to the
Department of General Sevices to cover the lease of office space for General
Government and Operations Departments at Princess Anne Executive Park. (See
Item II-L.7 of the Consent Agenda).
Councilwoman Parker also referenced a Resolution directing the City Treasurer
to certify to the Commissioner of Revenue a copy of the list of Real Estate
on the Land Books which is improperly placed thereon or which is not
ascertainable. (See Item II-L.17 of the Consent Agenda).
Councilwoman Parker had certain academic questions related to these two
items.
Item II-D-4
CONSENT AGENDA ITEM # 25644
Councilman Perry referenced an Ordinance upon FIRST RFADING to accept and
appropriate a Grant from the Department of Corrections totaling $227,500 for
the Virginia Beach Community Diversion Incentive Program. (See Item II-L.10
of the Consent Agenda).
Councilman Perry advised he would VERBALLY ABSTAIN on this particular item.
Item II-D-5
CONSENT AGENDA ITEM # 25645
Councilman Moss referenced an Ordinance to ADD one full-time secretarial
position and delete three part-time clerical positions in the Police
Department. (See Item II-K.11 of the Consent Agenda).
Councilman Moss requested this item be pulled for a separate vote.
July 7, 1986
- 9 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
(Continued)
Item II-D.6
CONSENT AGENDA ITEM # 25646
Councilwoman McClanan referenced an Ordinance upon FINAL APPROVAL for the
closure of a portion of Pennsylvania Avenue in the petition of Gordon
Rudolph. (See Item II-L-13 of the Consent Agenda).
Councilwoman McClanan advised she would vote a VERBAL NAY on this particular
item.
The City Manager advised this Ordinance was incorrectly stated on the Agenda
as an Ordinance for the appointment of viewers rather than FINAL APPROVAL.
July 7, 1986
- 10 -
Item II-F.1
MINUTFS ITEM # 2564?
Upon motion by Councilman Heischober, seconded by Councilman Fentress, Ctiy
Council APPROVED the Minutes of June 23, 1986, and accepted the descriptive
map contained therein as an addendum to the Ordinance upon application of
AQUA SPORTS, Item # 25586.
Voting: 7-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan and John D. Moss
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Abstaining:
John L. Perry
Council Members Absent:
None
July 7, 1986
- 11 -
Item II-F.l.b ITEM # 25648
MINUTES
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED the Minutes of the Special Session on July 1, 1986 at lo
A.M.
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
- 12 -
Item II-F.1c.
MINUTES ITEM # 25649
A MOTION was made by Councilman Baum, seconded by Councilman Fentress, to
TABLE the Minutes of the Special Session of July 1, 1986, at 10:40 A.M.
Mayor Jones DECLARED this Motion OUT OF ORDER.
A MOTION was made by Councilwoman Parker, seconded by Councilman Moss to
APPROVE the Minutes of the Special Session of July 1, 1986, at 10:40 A.M.
After discussion Mayor Jones DECLARED it to be IN ORDER for Councilman Baum
to make his MOTION to table said Minutes.
Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council
TABLED the Motion to APPROVE the Minutes of the Special Session of July 1,
1986 at 10:40 A.M.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones and Reba
S. McClanan
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
None
July 7, 1986
- 13 -
Item II-G.1
PRESENTATION ITEM # 25650
Mayor Jones presented a RESOLUTION IN RECOGNITION to:
Phyllis Millette
Director of the Department of Personnel
This Resolution recognized Mrs. Millette's twenty (20) years of dedicated
service to the City of Virginia Beach.
July 7, 1986
- 14 -
Item II-H.1
PUBLIC HEARING ITEM # 25651
Mayor Jones DECLARED A PUBLIC HF.ARING:
POLLING LOCATION CHANGES
There being no registered speakers, Mayor Jones CLOSED the PUBLIC HEARING.
July 7, 1986
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 10, SECTIONS 10.1 AND 10.2
OF THE CODE OF TIIE CITY OF VIRGINIA
BEACH PERTAINING TO ELECTION
DISTRICTS AND VOTING PLACES WITHIN
THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY TliE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That CliapLer 10, Section 10.1 and 10.2 of the Code of
the City of Virginia Beach is liereby amended and reordained as
follows:
Section 10-1. Establishineiit of electton districts and voting
places.
There are liereby established in tlie City of Virginia
Beach the following election districts and their respective
votiiig places, as set fortli below:
ELECTION DISTRICT VOTING PLACES
Alanton AlanLon ElemenLary Scliool
Aragona Adult Learning Center
Arrowhead Arrowhead Elementary School
Bayside Bayside Elementary School
Bellamy Indian Lakes Elementary School
Blackwater Blackwater Fire Station
BonnLy Center for Effectiv(! Learning
Brandon Brandon Junior Iiigh School
Cape @teiiry Rese,,ircli and Enlightenment Building
Capps Sliop Mosquito Control Building
Chesapeake Beach Cliesapeake Beach Fire Station
College Park College Park Elementary School
Courtliouse Courtliouse Fire Station
Creeds Creeds Fire Station
Davis Corner Bettie F. Williams Elementary School
Fairfield Fairfield Elementary School
Great Neck John B. Dey Elementary Scliool
Green Run Green Run Elementary School
Holland liolland Elementary School
Homestead Providence Presbyterian Church
Kempsville Point of View Flementary Scliool
Kings Grant Kings Grant Elementary Scllool
Kiiigston Kingston Elementary School
l,ake Christopher New Covenant Presbyterian Churcli
Lake Smith ShelLon Park School
T,arkspur Kempsville Meadows Elementary School
Little Neck K:Eng's-CrTnt-Prcsbyterian-Eharch
St. Aidan's Episcopal Church
Linkhorn The Evangelical LuLheran Churcli
of tlie Good Shepherd
London Bridge London Bridge Baptist Chtircli
Lynnhaven Lynnhaven Colony United Church of
Christ
Magic liollow Roma Lodge #254
Malibu Malib,i Elemeiitary School
Mt. Trashmore Windsor Woods Elementary School
Oceana
Scott Memorial United Methodist Church
Ocean Park Bayside Christian Cliurch
Old Donation Old Donation Center for Gifted
Pembroke Pembroke Meadows Elementary School
Plaza Lyniihaveii Elepientary Scliool
Providence Kempsville Recreation Center
]@ed Wing Fire Training Center
Saleni Word of Life Christian Center
Seatack Scatack Elementary School
Shan7ion Keinpsville Elenientary School
Sigma Sandbridge Fire Station
2 -
Stratford Chase Calvary Asseiably of God
Thalia Thalia Elementary School
Thoroughgood Independence Junior Iligh Scliool
Timberlake White Oaks 1--Ilementary School
Trantwood Trantwood Elementary School
Virginia Beach - A Galilee Episcopal Church
Virgiiiia Beach - B Virginia Beacli Junior Iligh School
Virginia Beach - C Cooke Elementary School
Windsor Oaks Windsor Oaks Elementary School
Witcliduck Luxford Elementary School
Wolfsnare Eastern Shore Chapel
Woodstock Avalon Church of Christ
Central Absentee Voter
Election District Agriculture/Voter Registrar Building
Section 10-2. Map of election districts.
(a) The geographical boundaries of tlie election
districts set forth in section 10-1 are hereby established as
deli@icated on a certain map, revised i-985 1986, prepared by the
planning staff of Lhe city atid captioned "Election Districts,"
whicli map is liereby approved.
(b) Tlie clerl@ of tlie council sliall endorse on the map
referred to in subsection (a) above tlie date of the council's
approval tliereof and file the original map, with the minutes of
the ineeting at wliicli such map was approved, in the records of his
office, and sliall cause exact copies tliereof to be filed witli the
general registrar of the city, the clerk of the circuit court and
tlie plaiining department.
This ordinaiice shall be effective upon approval by the
United States Attorney GeTieral under the Voting Rights Act of
1 9 6 5 .
Adopted by the Council of tlie City of Virginia Beach on
the day of 1986.
JDB/jmh
0 6 0 68 6
0 6 2 08 6
(A)
-3 -
1 5
Item II-I.l.
PLANNING BY CONSENT ITFM 25652
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council APPROVED in one MOTION Items II-I.l., II-I.2, II-I-4 and II-I-5.
Item TI-I-3 was voted upon separately.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress*p
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
Council Members Abstaining:
Councilman Robert E. Fentress VERBALLY ABSTAINED on Items II-I.1
and II-I-4-
July 7, 1986
- i6 -
Item II-I.l.
PLANNING BY CONSENT ITEM # 25653
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council DEFERRED for 180 Days Compliance until the City Council Meeting of
January 5, 1987, Ordinance closing, vacating and discontinuing a portion of
Pleasure House Road.
Ordinance upon application of Runnymede Corporation
for the discontinuance, closure and abandonment of
a portion of Pleasure House Road beginning at the
northeast intersection of Pleasure House Road and
Andrew Jackson Lane and running in a northerly
direction a distance of 195-53 feet. Said parcel
contains 5642-39 square feet. BAYSIDE BOROUGH.
This Ordinance shall be subject to the following conditions:
1. Resubdivision of the property to incorporate the
closed area into the adjoining parcels and to
insure that all lots have access to a public
street.
2. The application will be reponsible for relocationg
existing Virginia Power and C and P Telephone
facilities and/or provide necessary easements for
those facilities.
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 this right-of-way shall be contingent
upon compliance with the above stated ocnditions
within 180 days of the approval by City Council.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APRPOVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
July 7, 1986
- 17 -
Item II-I.1
PLANNING BY CONSENT ITEM # 25653 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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 Abstaining:
Robert E. Fentress
Council Members Absent:
None
July 7, 1986
STATEMENT OF CONSENT
APPLICANT: Ruinymede Corporation
APPLICATION: Street Closure
DESCRIPTION: Portion of Pleasure House R,:)ad beginning
at the northeast intersection of Pleasure
House Road and Andrew Jackson Lane
CITY COUNCIL SESSION: July 7, 1986
THE UNDERSIGNEI) OWNER OR LEGAL REPRESENTATIVE FoR THE OWNER,
(or Ageit for the Owner), IIAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGLNIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEP'rS AND AGREES TO:
1. Resubdivision of the property to incorporate tlie closed
area into the adjoining parcels and to insure that all
lots have access to a public street.
2. The applicant will be responsible for relocating
existing Virginia Power and C and P Telephone facilities
and/or provide necessary easements for tliose facilities.
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 this right-of-way shall be contingent upon
compliance with the above-stated conditions within 180
days of the approval by City Council.
@ner
By:
Ownerr torney/Agent
Date:
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN
AS PLEASURE HOUSE ROAD, LOCATED IN THE LYNNRAVEN BOROUGH
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON
THAT CERTAIN PLAT ENTITLED 'PLAT SHOWING PORTION OF
PLEASURE HOUSE ROAD TO BE CLOSED - LYNNHAVEN BOROUGH
- VIRGINIA BEACH, VIRGINIA.-
WHEREAS, it appearing by affidavit that proper notice ha:$
been given by The Runnymede Corporation, that it would make
application to the Council of the City of Virgina Beach, Virginia,
on April 14, 1986, to have the hereinafter described street
discontinued, closed, and vacated; and
WHREAS, it is the judgment of the Council that said street be
discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed, and vacated:
Beginning at a point on the East side of Andrew Jackson
Lane at the boundary line between two parcels indicated
as Property of Hermitage Townhouses Associates, a
Limited Partnership, and Parcel 2 on Plat of Subdivision
of Hermitage, Section One, Bayside Borough, Virginia
Beach, Virginia and recorded in Map Book 114 at page 10
in the Clerk's office of the Circuit Court of the City
of Virginia Beach and proceeding along the easterly side
of Andrew Jackson Lane North 42' 021 491 West a distance
of 52.60 feet to the point of beginning thence North 42*
021 491 West a distance of 25.50 feet to a point thence
along a curve to the right having a radius of 20.00 feet
an arc distance of 29.14 feet to a point thence North
41* 251 21" East 195.63 feet to a point thence along a
curve to the right having a radius 2970.00 feet an arc
distance of 5.34 feet to a point thence South 57' 221
550 East 25.76 feet to a point thence along Pleasure
House Road, variable right of way South 41* 271 1111 West
207.83 feet to a point thence along a curve to the left
having a radius of 20.00 feet an arc distance of 29.15
feet to the point of beginning. The portion to be
closed is 0.13 acres.
Said parcel of land being a portion of Pleasure House Road as
indicated on that certain plat of property to be vacated along
existing Pleasure House Road for The Runnymede Corporation.
SECTION II
A certified copy of this Ordinance shall be filed in the
office of the Cirucit Court of the City of Virginia Beach, indexee
in the name of the City of Virginia Beach, as grantor.
IEGUM & P.A-
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VIRO@ BILAM VIRO@ ""D
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CERTIFICATE OF VESTING OF TITLE
I, Peter McBride, attorney for The Runnymede Corporation, do
hereby certify that:
1. I am an attorney at law and represent The Runnymede
Corporation, the petitioner.
2. If the property described below is discontinued, closed,
and vacated by the Council of the City of Virginia Beach, then
title to said property will vest in The Runnymede Corporation, the
adjacent landowner. The title to the adjacent property derives
from a deed to The Runnymede Corporation from R. G. Moore, et als
dated December 19, 1984 recorded in the Clerk's office of the
Circuit Court of the City of Virginia Beach in Deed Book 2386 at
page 722.
The said property referred to herein is hereby described as
follows:
Beginning at a point on the East side of Andrew Jackson
Lane at the boundary line between two parcels indicated
as Property of Hermitage Townhouses Associates, a
Limited Partnership, and Parcel 2 on Plat of Subdivision
of Hermitage, Section One, Bayside Borough, Virginia
Beach, Virginia and recorded in Map Book 114 at page 10
in the Clerk's Office of the Circuit Court of the City
of Virginia Beach and proceeding along the easterly side
of Andrew Jackson Lane North 42* 021 49" West a distance
of 52.60 feet to the point of beginning thence North 42*
021 49" West a distance of 25.50 feet to a point thence
along a curve to the right having a radius of 20.00 feet
an arc distance of 29.14 feet to a point thence North
41' 251 211 East 195.63 feet to a point thence along a
curve to the right having a radius 2970.00 feet an arc
distance of 5.34 feet to a point thence South 57' 221
55' East 25.76 feet to a point thence along Pleasure
House Road, variable right of way South 41* 271 11" West
207.83 feet to a point thence along a curve to the left
having a radius of 20.00 feet an arc distance of 29.15
feet to the point of beginning. The portion to be
closed is 0.13 acres.
PE
- 18 -
Item II-I.2.
PLANNING BY CONSENT TTEM # 25654
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council APPROVED the application of RUBY J. WILKFRSON for a Variance to SectioTi
4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Ruby J. Wilkerson.
Property is located on the north side of Gum Bridge
Road, 880 feet east of Charity Neck Road. Plats
with more detailed information area avialable in
the Department of Planning. PUNGO 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, Veie Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
July 7, 1986
- 19 -
Item II-I.3.
PLANNING BY CONSENT ITEM # 25655
Charles Pleasants, owner of one of the parcels of property at 4669 South
Boulevard, represented the applicant.
Fred Kochey, Realtor, also represented the applicant
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of F.ARL J. CROSS AND SCOTT UPDEGRAFF for
a Change of Zoning:
ORDINANCE UPON APPLICATION OF EARL J. CROSS AND
SCOTT UPDEGRAFF FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-4 TO B-2 Z07861105
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Earl J. Cross and
Scott Updegrade for a Change of Zoning District
Classification from R-4 Residential District to B-2
Community-Business District on the east side of
South Boulevard, 228-53 feet north of South
Independence Boulevard. Said parcels are located
at 4665 and 4669 South Boulevard and contain 1.25
acres. Plats with more detailed information are
available in the Department of Planning.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. There shall be a Buffer of CATEGORY I Landscaping
between the B-2 Community-business District and
the adjacent A-2 Apartment District.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventh day of July, Nineteen Hundred and Eighty-six.
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
1 86
- 20-
Item II-1.4.
PLANNING BY CONSENT ITEM # 25656
Upon motion by Councilman Heischober, seconded by Councilwoman McClanan, City
Council ADOPTED an Ordinance upon application of TH014AS C. BROYLES, PLASTIC
SURGERY CENTER, INC. AND CHARLES S. NUSBAUM for a Change of Zoriing:
ORDINANCE UPON APPLICATION OF THOMAS C. BROYLES,
PLASTIC SURGERY CENTER, INC. AND CHARLES S. NUSBAUM
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 TO B-2 Z07861106
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Thomas C. Broyles,
Plastic Surgery Center, Inc. and Charles S. Nusbaum
for a Change of Zoning District Classification from
R-8 Residential District to B-2 Community-Business
District on certain property located on the south
side of South Birdneck Road, 210 feet east of
General Booth Boulevard. Said parcel contains 1.14
acres. Plats with more detailed information are
available in the Department of planning. PRINCESS
ANNE BOROUGH.
Prior to the changing of the official zoning maps, the following requirement
shall be met:
A seven (7)-foot right-of-way dedication is
required along South Birdneck Road ill accordance
with plans on file in the Office of the City
Engineer.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APRPOVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventh day of July, Nineteen Hundred and Eighty-six.
July 7, 1986
- 21 -
Item II-1.4
PLANNING BY CONSENT ITEM # 256116 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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 Abstaining:
Robert E. Fentress
Council Members Absent:
None
STATEMENT OF CONSENT
APPLICANT: Tllomas C. Broyles, Plastic Surgery
CenLer, Inc. and Charles S. Nusbaum
APPLICATION: Change of Zoning District Classification
DESCRIPTION; From R@ Residential District Lo B-2
Community-Business District on the south
side of Soutli Birdneck Road, 210 feet
east of @,neral Booth Boulevard
CITY COUNCIL SESSION: July 7, 1986
TIIE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for tlie Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREME,NTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO TIM VIRGINIA BEACII CITY COUNCIL FOR AFFIRMKRIVE ACTION ON THIS
DATE AS THEY APPLY TO TIIE REFERENCED APPLICATION FOR AML@-NDMENT TO TRE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEI'rS AND AGREES TO:
1. A sevln (7) foot right-of-way dedication is required
along South Birdneck Road in accordance witli plaqs on
file in tlie Office of Lhe City Engineer.
/-Il@ - @, I-qlll
Owner
By
Da t(,
- 22 -
Item II-I-5
PLANNING BY CONSENT ITEM # 25657
Upon motion by Councilman Heischober, seconded by Councilwman McClanan, City
Council ADOPTED an Ordinance upon application of T. M. MALBON AND HUGH BRYDGES
(MALBRIDGE, INC.) for Changes of Zoning:
ORDINANCE UPON APPLICATION OF T. M. MALBON AND HUGH
BRYDGES (MALBRYDGE INC.) FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6 TO A-2 Z07861107
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of T. M. Malbon & Hugh
Brydges (Malbrydge Inc.) for a Change of Zoning
District Classification from R-6 Residential
District to A-2 Apartment District on the following
parcels:
Parcel 1: Located on the south side of Old
Virginia Beach Road beginning at a point 920 feet
more or less east of Birdneck Road and running in a
southerly direction a distance of 358-59 feet.
Parcel 2: Located 280 feet south of Old Virginia
Beach Road beginning at a point 800 feet more or
less east of Birdneck Road and running in an
easterly direction a distance of 139.86 feet.
Said parcels contain 8712 square feet. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Vacation of interior lot lines in order to avoid
the creation of nonconforming lots.
2. The applicant has voluntarily agreed to provide a
noise and accident disclosure statement to
tenants.
3. Prior to changing of the official zoning maps, the
following requirement will be met:
A dedication of five (5) feet of right-of-way
along Old Virginia Beach Road in acordance with
the plans on file in the Office of the City
Engineer.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for
APRPOVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventh day of July, Nineteen Hundred and Eighty-six.
July 7, 1986
- 23 -
Item II-I-5
PLANNING BY CONSENT ITEM # 25657 (Continued)
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
July 7, 1986
STATFMBNT OF CONSENT
APPLICANT: T. M. Malboa and Hugh Bridges
APPLICATION: Change of Zoning District Classification
DESCRIPTION: From R-6 Residential District to A-2
Apartment District on two (2) parcels
on the south side of Old Virginia
Beach Road and east of Birdneck Road
CITY COUNCIL SESSION: July 7, 1986
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), RAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING C014MISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIR14ATIVE ACTION ON THIS
DATE AS TREY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPrS AND AGREES TO:
1. Vacation of interior lot lines in order to avoid the
creation of nonconforming lots.
2. The applicant has voluntarily agreed to provide a aoise
and accident disclosure statement to tenants.
3. Prior to changing of the official zoning maps, the
following requirement wiil be met:
A dedication of five (5) feet of right-of-way along Old
Virginia Beach Road in accordance with the plans on file
in the Office of the City Engineer.
Owner
Bv:
@er/Attorney[Ageat-7
Date:
- 24 -
Item II-J.1
PLANNING ITEM # 25658
Attorney Grover Wright represented the applicant
Letter from Attorney Grover Wright dated June 11, 1986, requesting
REINSTATEMENT of H-2 Zoning for the application of CAVALIER HOTEL CORPORATION.
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
RF,SCINDED Ordinance upon applicaton of CAVALIER HOTEL CORPORATION for a Change
of Zoning District Classification.
ORDINANCE UPON APPLICATION OF CAVALIER HOTEL
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASIFICATION FROM H-2 to 0-1 Z0183694
Ordinance upon application of Cavalier Hotel
Corporation for a Change of Zoning District
Classification from H-2 Resort Hotel District to
0-1 Office District on certain property located on
the east side of Holly Road beginning at a point
250 feet south of Cavalier Drive, running a
distance of 145 feet along the east side of Holly
Road, running a distance of 150 feet along the
southern property line, running a distance of 90
feet more or less along the eastern property line.
VIRGINIA BEACH BOROUGH.
This Ordinance was ADOPTED by City Council on
January 17, 1983.
Today's Action upon application of CAVALIER HOTEL CORPORATION will REINSTATE
the H-2 Resort Hotel District Zoning.
Voting; 9-1
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, Vice Mayor Meyera E.
Oberndorf and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
July 7, 1986
- 25 -
Item II-J.2
PLANNING ITEM # 25659
George Sutton, of E. F. Sutton and Associates, represented the applicant
Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council
APPROVED application of JOHN W. SWAN for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires that all lots conform to the Comprehensive
Zoning Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for John W. Swan. Property
is located at 2893 West Gibbs Road. Plats with
more detailed information are available in the
Department of Planning. BLACKWATER BOROUGH.
Voting: 9-2
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, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
Barbara M. Henley and Vice Mayor Meyera E. Oberndorf
Council Members Absent:
None
July 7, 1986
- 26 -
Item II-J-3
PLANNING ITEM # 25660
Attorney Charles Salle' represented the applicant and requested WITHDRAWAL of
said application
Judith Connors, represented the OCEAN PARK CIVIC LEAGUE, registered in
OPPOSITION, but was not OPPOSED to the WITHDRAWAL.
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ALLOWED WITHDRAWAL of an Ordinance upon application of SHORE DRIVE ENTERPRISES
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF SHORE DRIVE
ENTERPRISES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO B-4
Ordinance upon application of Shore Drive
Enterprises for a Change of Zoning District
Classification from R-@ Residential District to B-4
Resort-Commercial District on the east side of
DuPont Circle, 120 feet more or less north of
Dinwiddie Road. Siad parcel is located on Lots 17
and 18, Block 10, Ocean Park and contains 15,246
square feet. LYNNHAVEN BOROUGH. BAYSIDE BOROUGH.*
*Councilman Heischober advised of correction to the application. This
application lies within the BAYSIDE BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
July 7, 1986
- 27 -
Item II-J-4
PLANNING ITEM # 25661
Marlene Woodall, the applicant, represented herself
Upon motion by Councilman Balko, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of MARLENE WOODALL for a Change
of Zoning:
ORDINANCE UPON APPLICATION OF MARLEEN WOODALL FOR A
OHANGE OF ZONING DISTRICT CLASIFICATION FROM R-8 TO
@ 0-1 (AS MODIFLED) Z07861108
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA
Ordinance upon application of Marlene Woodall for a
Change of Zoning District Classification from R-8
Residential District to @@- +r-@
D -i@@ t o 0-1 Office District (AS MODIFIED) on
Lots 25 and 6@, Block 11, Oceana Gardens. Said
parcel is located at 1657 Virginia Beach Bouelvard
and contains 15,682 square feet. LYNNHAVEN
BOROUGH.
Prior to the changing of the official zoning map, the following requirement
shall be bet:
A 5-foot right-of-way dedication is required to
provide for an ultimate 90-foot right-of-way on
Virginia Beach Bouelvard, as per the Master Street
and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventh day of July, Nineteen Hundred and Eighty-six.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan, and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
July 7, 1986
- 28 -
Item II-J-5
PLANNING ITEM # 25662
Attorney Grover Wright represented the applicant
Opposition:
Attorney Moody Stallings represented the Laurel Manor Civic League
Michele Pore, Member of the Laurel Manor Civic League
A MOTION was made by Councilman Balko to ADOPT an Ordinance upon application of
RML CORPORATION for a Change of Zoning District Classification form R-6 to @-I
0-1 (AS MODIFIED) with a one-story limit. After consultation with the City
Tt-torney, Mayor Robert Jones DECLARED this MOTION OUT OF ORDER.
A MOTION was made by Councilman Balko, seconded by Councilman Moss, to DEFER
for thirty (30 days) an Ordinance upon application of RML CORPORATION for a
Change of Zoning District Classification from R-6 Residential District to B-1
Business District to determine restrictions if said application is MODIFIED to
0-1 Office District.
An AMENDED MOTION was made by Councilman Balko, seconded by Councilman Perry,
to REFER BACK TO THE PLANNING COMMISSION an Ordinance upon application of RML
CORPORATION for a Change of Zoning District Classification from R-6 Residential
District to B-1 Business District to determine restrictions if said application
is MODIFIED to 0-1 Office District.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman
Fentress, City Council DEFERRED for thirty (30) days until the City Council
Meeting of August 11 , 1986, an Ordinance upon application of RML CORPORATION
for a Change of Zoning District Classification from R-6 Residential District to
B-1 Business District to determine restrictions if said application is MODIFIED
to 0-1 Office District. Applicant will meet with said Civic Leauge.
ORDINANCE UPON APPLICATION OF RML CORPORATION FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO B--r 0-1 (AS MODIFIED)
Ordinance upon application of RML Corporation for a
Change of Zoning District Classification from R-6
Residential District to
@ 0-1 Office District (AS MODIFIED) at the
northeast intersection of First Colonial Road and
Laurel Lane. Said parcel is located at 844 First
Colonial Road and contains 2.702 acres. Plats with
more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
July 7, 1986
- 29 -
Item II-J-5
PLANNING ITEM # 25662 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
July 7, 1986
- 30 -
Item 1-J.6
PLANNING ITEM # 25663
Timothy Barrow represented the applicant and requested WITHDRAWAL
Oppositon:
John Haynes, President of the Mill Dam Civic League, was OPPOSED to the
WITHDRAWAL
Ron Makela, represented the Great Neck Asociation of Civic Leagues
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
DENIED an Ordinance upon application of HOLLYBAR, INC. for a Change of Zoning:
ORDINANCE UPON APPLICATION OF HOLLYBAR, INC. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5
TO B-2
Ordinance upon application of Hollybar, Inc., for a
Change of Zoning District Classification from R-5
Residential District to B-2 Community-Business
District at the nrothwest corner of Mill Dam Road
and Shovelier Lane. Said parcels are located at
1530-34, 1540 and 1548 Mill Dam Road and contain
3.33 ares. Plats with more detailed information
are available in the Department of Planning.
LYNNHAVEN BOROUGH. MILL DAM TARGET AREA.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Nancy K. Parker, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
Robert E. Fentress
Council Members Absent:
None
- 31 -
Item II-J.?
PLANNING ITEM # 25664
Tom Barton, President and Owner of Beach Ford, represented the applicant
George Sutton, of Sutton Asociates, the designer of proposed application
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED an Ordinance upon application of A. T. ASSOCIATES for a
Condtional Use Permit (AS AMENDED)*:
ORDlNANCE UPON APPLICATION OF A. T. ASSOCOATES FOR
A CONDITIONAL USE PERMIT FOR AUTOMOTIVE
MATNTENANCE, SERVICE, STORAGE AND SALES* R0786850
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of A. T. Associates for
a Conditional Use Permit for automotive
maintenance, service, storage and sales on the
southwest corner of Virginia Beach Boulevard and
Mustang Trail. Said parcel is located at 2717
Virginia Beach Boulevard and contains 14.5 acres.
PLats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Approval is for that property shown on the site
plan dated June 10, 1986, on file in the
Department of Planning.
2. A 6-foot reservation is required along the
frontage of Virginia Beach Boulevard along with a
chord dedication at the intersection of Virginia
Beach Boulevard and Mustang Trail, and a chord
dedication at the intesection of Virginia Beach
Bulevard and Foundry Lane, to provide for an
ultimate 160-foot right-of-way as per the Virginia
Beach Boulevard Project plans on file with the
City Engineer's Office.
3. A 3-foot dedication of right-of-way is required
along the frontage of North Lynnhaven Road to
provide for an ultimte 66-foot right-of-way as per
the Master Street and HIghway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventh day of July, Nineteen Hundred and Eighty-six.
July 7, 1986
- 32 -
Item II-J.?
PLANNING ITEM # 25664 (Continued)
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, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
July 7, 1986
- 33 -
Item II-K.1
ORDINANCES ITEM # 25665
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to amend and reordain Chapter 10,
Sections 10.1 and 10.2 of the Code of the City of
Virginia Beach pertaining to election districts and
voting places within the City of Virginia Beach.
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
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 10, SECTIONS 10.1 AND 10.2
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO ELECTION
DISTRICTS AND VOTING PLACES WITHIN
THE CITY OF VIRGINIA BEACH
BE IT ORDAINED By THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That ChaPter 10, Section 10-1 ,nd 10.2 Of the Code of
the CitY of Virgilia Beach is liereby a,uended and reordained as
follows:
section 10-1. Establishinent of election districts and voting
places.
There are liereby established J,, th, City of Virginia
Beach the following election districts and their respective
voting places, as Set fortli below:
ELECTION DISTRICT VOTING PLACES
Alanton Alanton Elementary Scliool
Aragona Adult Learning Center
Arrowhead Arrowhead Elementary School
Bayside Bayside Elementary School
Bellamy Indian Lakes Elementary School
Blackwater Blackwater Fire Station
Bonney Center for Effe,-Live Learning
Brandon Brandon Junior High School
Cape Henry Research and EnlightenmenL Building
Capps Shop Mosquito Control Building
Chesapeake Beach Chesapeake Beach Fire Station
College Park College Park Elementary School
Courthouse Courthouse Fire Station
Creeds Creeds Fire Station
Davis Corner Bettie F. Williams Elemeiitary School
Fairfield Fairfield Elementary School
Great Neck John B. Dey Elementary School
Green Run Green Run Elementary School
Holland Holland Elementary School
Homestead Providence Presbyterian Church
Kempsville Point of View Elementary School
Kings Grant Kings Grant Elementary School
Kingston Kingston ElemenLary School
Lake Christopher New Covenant Presbyterian Church
Lake Smith Shelton Park School
Larkspur Kempsville Meadows Elementary School
Little Neck K+/-ng@s-Brant-Preirbyterian-eharch
St. Aidan's 1"piscopal Cliurch
Linkhorn The Evangelical LuLheran Church
of the Good Sliepherd
London Bridge London Bridge Baptist Church
Lynnhaven Lynnhaven Colony United Church of
Christ
Magic Hollow Roma Lodge #254
Malibu Malibu Elemctitary School
Mt. Trashmore Windsor Woods Elementary School
Oceana Y+/-rginia-Beach-Moose-hodge-#1998
Scott Memorial United Methodist Church
Ocean Park Bayside Christian Church
Old Donation Old Donatioii Center for Gifted
Pembroke Pembroke Meadows Elementary School
Plaza Lynnhaven Elementary School
Providence Kempsville Recreation Center
Red Wing Fire Training Center
Salem Word of Life Christian Center
Seatack Seatack Elementary School
Shannon Keinpsville Elementary School
Sigma Sandbridge Fire Station
2 -
Stratford Chase Calvary Asseinbly of God
Thalia Thalia Elementary School
Thoroughgood Independence Junior High School
Timberlake White Oaks Elementary School
Trantwood Trantwood Elementary School
Virginia Beach - A Galilee Episcopal Church
Virginia Beach - B Virginia Beach Junior Iligh School
Virginia Beach - C Cooke Eleinentary School
Windsor Oaks Windsor Oaks Elementary School
Witchduck Luxford Elementary School
Wolfsnare Eastern Shore Chapel
Woodstock Avalon Cliurch of Clirist
Central Absentee Voter
Election District Agriculture/Voter Registrar Building
Section 10-2. Map of election districts.
(a) The geographical boundaries of the election
districts set forth ia section 10-1 are hereby established as
delineated on a certain map, revised i985 1986, prepared by the
planning sta f f of L lie ci ty and cap t ioned "Elect ion Dis t ricts ,
which map is hereby approved.
(b) The clerk of tlie council shall endorse on the map
referred to in subsection (a) above tlie date of the council's
approval thereof and file the original map, with the minutes of
the meeting at which such map was approved, in the records of his
office, and shall cause exact copies thereof to be filed with the
general registrar of the city, the clerk of the circuit court and
the planning department.
This orditiance shall be effective upon approval by the
United States Attorney General under the Voting Rights Act of
1 9 6 5 .
Adopted by the Council of tlie City of Virginia Beach on
the 7 day of July 1 9 8 6 .
JDB/jmh
0 60 68 6
0 62 08 6
(A)
-3 -
- 34 -
Item II-K.2
ORDINANCES ITEM # 25666
Sheriff B. R. Overman responded to Council's inquiries.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute
an objection to the Virginia Compensation Board by
the City of Virginia Beach and Virginia Beach
Sheriff's Department.
Councilmen Albert W. Balko and John L. Perry were
APPOINTED to sit with the Virginia Compensation
Board when said case is heard.
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
July 7, 1986
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN OBJECTION TO
THE VIRGINIA COMPENSATION BOARD
BUDGET BY THE CITY OF VIRGINIA BEACH
AND VIRGINIA BEACH SHERIFF'S DEPARTMENT
WHEREAS, the Sheriff of Virginia Beach has duly submitted a
proposed fiscal year 1987 budget for the Sheriff's Department to
the Compensation Board of the Commonwealth of Virginia; and
WHEREAS, the Compensation Board in a response received on
June 12, 1986, disapproved certain requested items considered
necessary for the proper functioning of the Department, including
authorization for additional deputies and clerical personnel,
increased salaries for certain employees, and appropriations for
travel expenses sufficient to meet current commitments; and
WHEREAS, Section 14.1-51, Va. Code Ann., authorizes the
governing body of a city to register an objection to the
allowances fixed by the Board and to request a hearing to
determine the merits of such protest;
NOW, THEREFORE, the City Manager is authorized and directed
to sign and forward the attached letter to the Compensation
Board, noting objection to the allowances fixed by the
Compensation Board and requesting that a hearing be scheduled to
consider such objection.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 7th day of July 1986.
WEB/dga
compbd.ord
7/2/86
OIFICE OF THE CITY MANAGER MU-ICIPAL CENTER
(W4) 'U@242 VIRGINIA BEACH, VIRGINIA 234W.@2
July 7, 1986
Mr. John McE. Garrett
Executive Secretary
Compensation Board
Post Office Box 3-F
Richmond, Virginia 23206-1686
Dear Mr. Garrett:
This is to notify you that, as provided by Section 14.1-51
of the Code of Virginia, the City of Virginia Beach and the
Virginia Beach Sheriff's Department are hereby filing objection
to the Virginia Compensation Board Budget which was received by
Sheriff B. R. Overman on June 12, 1986.
The following specific objections are noted:
1. The Compensation Board denied the request by Sheriff
overman for additional deputies and clerical personnel.
Provision of the additional staff members is considered essential
to fulfill obligations already incurred by the Sheriff's Depart-
ment and to meet additional commitments commensurate with City
development and population growth.
2. The Compensation Board denied the request to increase
the salaries of civil process servers to conform to the compen-
sation of the rest of the Sheriff's deputies (correctional
officers and bailiffs) as authorized by Section 14.1-73.1:1 of
the Code of Virginia.
3. The prospective allotment for reimbursement for mileage
travelled is unchanged from the previous year. However, the
Board increased the amount to be paid per mile for the first 15
miles. This will result in an actual reduction in the amount of
travel which can be authorized, despite increased demand upon the
Sheriff's Department for services.
Mr. John MCE. Garrett -2- July 7, 1986
In addition to the principal objections noted above, several
minor objections will be raised when the matter is brought to
hearing.
A hearing is therefore requested in order that these ob-
jections may be considered by the Compensation Board. The City
of Virginia Beach desires to exercise its option to nominate two
members of Council to sit with the Board when the case is heard.
Your expeditious treatment of this matter will be greatly
appreciated.
Sincerely,
Thomas H. Muehlenbeck
City Manager
THM/dga
- 35 -
Item II-L.
CONSENT AGENDA ITEM # 25667
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
APPROVED Items 1, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, and 19.
Items 2 and 11 were voted upon separately.
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
Council Members Abstaining:
*Councilman Perry VERBALLY ABSTAINED on Item #10
*Councilwoman McClanan voted a VERBAL NAY on Item # 13.
- 36 -
Item II-L.1
CONSENT AGENDA ITEM #25668
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Resolution in Recognition
Phyllis Millette
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
July 7, 1986
- 37 -
Item II-L.2
CONSENT AGENDA ITEM # 25669
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED AS AMENDED*:
Ordinance to amend and reordain Section 21-377 of
the Code of the City of Virginia Beach, Virginia,
pertaining to open storage of inoperative vehicles.
The word "agricultural" shall be deleted from said Ordinance.
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 I 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
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-377 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO OPEN STORAGE OF
INOPERATIVE VEHICLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-377 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as
follows:
Section 21-377. Open storage of inoperative vehicles on
residential commercial property.
(a) It shall be tinlawful and a Class 1 misdemeanor for
any person, firm or corporation to keep, except within a fully
enclosed building or structure or otherwise shielded or screened
from view, on any property zoned for residential or commercial
purposes, any motor vehicle, trailer or semitrailer whore
co n(i i tion-ia -au th - tha L-it -ia-ee(yn om i caily -imp ra etica l-to -make
+t-operative which is inoperative.
(b) As used in this section, an inoperative motor
vehicle, trailer or semitrailer shall mean any motor vehicle,
trailer or semitrailer:
(1) wliicb is not in operating condition; or
(2) wliich for a period of sixty (60) days or
longer has been partially or totally disassembled by the removal
of tires and whee.1s, the engine or other essential parts required
for operation of the vehicle; or
(3) on which there are displayed neitber valid
license plates nor a valid inspection decal.
Adopted by the City Council of the City of Virginia
Beach, Virginia on the 7th day of July 1 9 8 6 .
WMM/jmh
0 6 / 0 3 / 8 6
(G)
- 38 -
Item II-L-3
CONSENT AGENDA ITEM # 25670
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED (AS CORRECTED)*:
Ordinance to amend the Code of the City of Virginia
Beach by ADDING a Section numbered 12-43.1
pertaining to fire suppression systems in certain
buildings.
*In the fourth paragraph, line four, the word "high" before the word "roof" was
INCORRECT. The proper word should be ithip".
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
AN ORDINANCE TO AMEND THE CODE OF
THE CITY OF VIRGINIA BEACH BY
ADDING A SECTION NUMBERED 12-43.1
PERTAINING TO FIRE SUPPRESSION
SYSTEMS IN CERTAIN BUILI)INGS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 12-43.1 pertaining to fire suppression
systems in certain buildings is liereby added to the Code of
tlie City of Virginia Beach and sliall read as follows:
Section 12-43.1. Fire suppression systern-s in certain buildings
(a) A fire suppression system shall be installed and
maintained in full operating condition in any building fifty (50)
feet or more in height. For purposes of this section, a fire
suppression system shall. mean a mechanical. system designed and
equipped to detect a fire, actuate an alarm, and to suppress a
fire.
(b) For ptirposes of thi.s section, the height of a
building shall mean the verti.cal distance from the grade to the
top of the highest roof beams of a flat roof, or the mean level
of the highest gable or slope of a hip roof. If the building
faces on more than one street, the height shall be measured from
the average of the grades at the center of each street front.
(c) The provisions of this section shall be construed
to be in addition to, and not in lieu of, other laws, ordinances,
regulations and standards pertainl.ng to the installation or
maintenance of fire suppression systems.
7 July
Adopted this day of 1986, by the
Council of the City of Virginia Beach, Virginia.
WMM/j.h
0 61 78 6
0 62 38 6
( C)
- 39 -
Item II-L.4.
CONSENT AGENDA ITEM # 25671
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance authorizing the City Manager to execute a
Deed of Basement between the City of Virginia Beach
and Hampton Roads Sanitation District.
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
July 7, 1986
AN ORDINANCE AUTI[ORIZING THE CITY
MANAGER TO EXECUTE A DEED OF EASEMENT
BETWEE14 TIIE CITY OF VIRGINIA BEACH
AND IIAMPTON ROADS SANITATION DISTRICT
WHEREAS, the City of Virgiiiia Beach (hereinafter
"City"), is tlie fee simple owner of approximately 8,257 feet of
24 inch sanitary sewer force main on Kempsville Road from Indian
River Road to Centerville Turnpike; and
WHEREAS, said force main provides a trunk sewage
collection system from the subdivisions in the corridor of
soutliern Kempsville bounded by Salem Canal, Indian River Road,
Stumpy Lake and the Virginia Beach/Chesapeake City Line; and
WHEREAS, by document dated June 2, 1986, the City and
Ilampton Roads Sanitation District (hereinafter "District"),
entered into an "AGREEMENT L,'OR TRANSFLR OF KEMPSVILLE ROAD FORCE
MAIN FROM INDIAN RIVER ROAD TO CENTERVILLE TURNPIKE IN THE CITY
OF VIRGINIA BEACII," a copy of which is attached hereto as Exhibit
"A. "
NOW, TIIERI@IFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Ttiat tlie CiLy Manager is hereby authorized and directed
to execute a Deed of Fasement, a copy of whicil is attached hereto
as Exhibit "B," and made a part liereof, between the City and the
District, wherein the City conveys to Lhe District those certain
sewerage transmission lines described in tlie attached Exhibit
A. "
Adopted by tlie Council of tlie City of Virginia Beach,
Virginia on this 7th day of July 1 9 8 6.
RCP/jmh
0 61 8 / 8 6
EXHIBIT "A"
AGREEMENT FOR TRANSFER OF KEMPSVILLE ROAD FORCE MAIN
FROM INDIAN RIVER ROAD TO CENTERVILLE TURNPIKE
IN THE CITY OF VIRGINIA BEACH
THIS AG NT made this 'Z,.L daY 0 c,,,L , 1986, in triplicate, by
and between THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of
the Comonwealth of Virginia, party of the first part, hereinafter @led
"City", and the HAMPTON ROADS SANITATION DISTRICT, a political subdivision
of the Commonwealth of Virginia, party of the second part, hereinafter
called "District".
, the City owm, operates and maintairis a sewerage transmission
line located in the City in its public right of way known as Kempsville Road
running in a southerly direction along the public right of way from Indian
River Road to Centerville Turnpike; and,
WHEREAs, the hereinafter described gewerage line can properly be termed
a trunk or interceptor transmission line of the type which is usual for the
District to own, operate and maintain; ando
, the city has agreed to convey and the District has aiveed to
accept, own, maintain, and operate the hereinafter degcribed tran=ission
line.
NOW, THEREFORE, Wl ETH: That for and in oon-gideration of the s-
of one Dollar ($1.00) ewh in hand paid and other good and valuable
oonsideration, the receipt of which is hereby acknowledged, the City doth
hereby grant and convey unto the District the hereinafter described sewerage
transmission line and its appurtenances without any gt4arantivs and in an "a.9
is" condition, and for and in consideration Of One Dollar ($1.00) cash in
hand paid and this conveyance the receipt of which is acknowledged, the
District doth hereby accept and assume the ownership, operation, and
maintenance as a part of its system, the transmission line, together with
its appurtenances, described as follows:
1. All of that certain sewerage transmission line, being
approximately 5990 feet of 24-inch cast/ductile iron sewer,
with appurtenances thereto, from and including the
intersection of Kempsville Road and Indian River Road
southerly along Kernpsville Road public right of way to
Beaufain Boulevard as shown on Sheets 1-8 of drawin&3 entitled
"Force Main and Water Main construction plans on Kempsville
Road for the Breeden Company" dated FebrUary, 1973 as prepared
by Talbot, Wermers and Associates, Ltd., copies of which are
transferred to and filed in the office of the Hampton Roads
Sanitation District.
2. All that oertain sewerage transmission line, being
approximately 2080 feet of 24-inch cast/ductile iron sewer,
with appurtenances thereto, from and including the
intersection of Kempsville Road and Beaufain Boulevard
southerly along Kempsville Road public right of way to
Genterville Turnpike as shown on Sheets 1 and 2 of &awings
entitled "Charlestowne Lakes South Off-site Water Main and
Sariitary Force Main for Woods Corner and Associates, Ltd."
dated February, 1978 a.9 prepared by Talbot and Associates,
Ltd., copies of which are transferred to and filed in the
office of the Hampton Roads Sanitation Digtrict.
3. All that certain proposed sewerage transmission line, t>eing
approximately 187 feet of 24-inch cast/ductile iron sewer,
with appurtenances thereto, from and including the
intersection of Kempsville Road and Centerville Turnpike
southerly along Kempsville Road public right of way as shown
on Sheet 26(25) of drawings entitled "Kempsville Road Utility
Adju3tment Plans, State Project #0190-134-10311 dated May 1,
1984 as prepared by Talbot and Associates, Ltd., copies of
which are transferred to and filed in the office of the
Hampton Roads Sanitation District.
2
IN WITNESS WHEREOF, the CITY has caused this areement to be signed in
its behalf by the CitY Manager anci its seal affixed and attested by the City
Clerk pursuant to resolution adopted by the City Council on the @,4 daY
Of 1986;' and the DISTRICT h- cau3ed this agreement
I
to be signed in its behalf by its General Manager and its seal affixed and
attested by its Secretary in accordance with authorization granted at; its
ro+
regular meeting held on the day of 1986.
1
THE CITY OF VIRGINIA BEACH, VIRGINIA
22,-0
er
ATTEST SEAL)
City lerk .1@z,
@TON ROADS SANITATION DI@t,TRICT
Bx-
ATTEST Se' t ry EAL)
APPROVED AS TO FORM:
Cit3( A rney, @-i't-ic
r v
CERTIFIED AS TO AVAILABILITY OF FUNDS;
b3 1 @ @
Department of Finance
3
STATE OF
CIT.,
a Notary Public in and for the City and
State aforesaid, do hereby certify that
and -5'yl'@ r"r- 7- General Manager and Secretary,
respectively, Of WAKP7'61@lZ@S whose names are signed
to the writing above, bearing date of have acknowledged the
same before me in my City and State aforesaid.
,2 V 7@
Given under my hand this dy of -il),O tF 1986.
MY COMiS3ion Expires
@otary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing in3trument 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
1986.
-All
Notar@l,lic
My Commission Expires:
4
EXHIBIT "B'.'
THIS DEED OF EASEMENT is made this day of Jun
1986, by and between THE CITY OF VIRGINIA BEACH, a municipal
corporation of tlie Commonwealth of Virginia, party of the fj.rst
part, and HAMPTON ROADS SANLTATION DISTRICT, a political
subdivision of the Commonwealth of Virginia, party of the second
par t
w I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged, the said party of the first part
does liereby grant and convey, witli NO WARRANTY and in an "as is"
condition unto the said party of the second part, its successors
and assigns, the following described property, to-wit:
All that certain sewerage transmission
line, being approximately 5990 feet cf
24-inch cast/ductile iron sewer, witi@
appurtenances thereto, from and
including the intersection of Kempsville
Road and Indian River Road southerly
along Kempsville Road public right of
way to beaufain Boulevard as shown on
Sheets 1-8 of drawings entitled: "Force
Main and Water Main construction plans
on Kempsville Road for the Breeden
Company," dated February, 1973 as
prepared by Talbot, Wermers and
Associates, Ltd., copies of which are
transferred to and filed in the office
of the Hampton Roads Sanitation
D i s t r i c t .
All tliat certain sewerage transmission
line, being approximately 2080 feet of
24-inch cast/ductile iron sewer, with
appurtenances thereto, from and
including the intersection of
Kempsville Road and Beaufain Boulevard
southerly along Kempsville Road public
right of way to Centerville Turnpike as
shown on Sheets 1 and 2 of drawings
entitled: "Charlestowne Lakes South
Off-site Water Main and Sanitary Force
Main for Woods Corner and Associates,
L t d d a t e d F e b r u a r y , 1 9 7 8 a 6 p r e p a r e d
by Talbot and Associates, Ltd., copies
of which are transferred to and filed
in the office of tlie hampton Roads
Sanitation District.
All that certain proposed sewerage
transmission line, being
approximately 187 feet of 24-inch
cast/ductile iron sewer, with
appurtenaces thereto, from and
including the intersection of
Kempsville Road and Centerville
Turnpike southerly along Kempsville
Road public right of way as shown on
Sheet 26(25) of drawings entitled:
"Kempsville Road Utility Adjustment
Plans, State Project 90190-134-103,"
dated May I , 1984 as prepared by
Talbot and Associates, Ltd., copies
of which are transferred to and filed
in the office of the Hampton Roads
Sanitation District.
This conveyance is made subject to the condilions,
restrictions, easements, and reservations of record in the chain
of title, if any, constituting constructive notice thereof.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused its name to be signed by its City Manager and its seal to
be affixed and attested to by its City Clerk, and said action was
authorized by an ordinance adopted by the Council of tlie City of
Virginia Beacii, at a meeting duly called and held on the
day of 1 9 8 6.
2 -
CITY OF VIRGINIA BEACH
By
ity Manager
(SEAL)
ATTEST:
City Clerk
RCP/Jmh
06/18/86
(D.1)
APPROVED AS TO CC@,TF\!T@,
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
c@l
-3-
DON
ity ANI
litioll
JHS<
R
RS
SOUAW VALLTY
T
(Proposed)
West Kempsy lie Stumpy Lake
Elementar)
Schoo I GC
INIOD"@ City of Norfolk
KL DESTINY CT
le /0@@ X,41111
- 40 -
Item II-L-5
CONSENT AGENDA ITEM #25672
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance authorizing acquisition of property in
fee simple for right-of-way for Laskin Road and
Oriole Drive Traffic Control easements and the
acquisition of temporary and permanent easements of
right-of-way either by agreement or by
condemnation.
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
July 7, 1986
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RLGIIT OF
WAY FOR LASKIN ROAD AND ORIOLE DRIVE
TRAFFIC CONTROL EASEMENTS AND THE
ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGilT OF WAY ],IIT[iER BY
AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this iinpor ta nt tra f f ic cont rol for the
preservation of the safety, health, peace, good order, comforl,
convenience, and for tlie welfare of the people in the City of
Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY TilE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purcliase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and
Section 33.1-89, et seq, Code of Virginia of 1950, as amended,
all that cerLaLn real property in fee simple, including temporary
and permanent casements of riglit of way as shown on the plans
entitled, "R/W IMPROVEMENTS FOR LASKIN ROAD & LINBAY DRIVE R/W
IMPROVEMENTS FOR LASKIN ROAD & ORIOLE DRIVE," these plans being
on file in tlie Office of Real Estate, Department of Public Works,
Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of tlie City of Virginia
Beach, to the extent tlial funds are available, a reasonable offer
to the owners or persons having an ititerest in said lands, if
refused, the City Attarriey is liereby autliorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared Lo
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by tlie Council of tlie City of V/1 Oi'JT'-@NTS
Virginia, on the 7ihday of July 1 9 8 6
0 62 0 / 8 6
9
FORM
- 41 -
Item II-L.6.
CONSENT AGENDA ITEM # 25673
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Resolution endorsing and supporting the
continuation of the Virginia Beach Clean Community
Ninth Year Program and requesting the Virginia
Department of Conservation and Economic
Development, Division of Litter Control, approve a
grant of $17,070 for said program.
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
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach
recognizes the existence of a litter problem within the city; and
WHEREAS, the Virginia Litter Control Act of 1976
provides, through the Department of Conservation and Economic
Development, Division of Litter Controi, for grants for the
purpose of enhancing local litter control programs; and
WHEREAS, the Virginia Beach Clean Community Program is
in its eighth year of funding under this program; and
WHEREAS, in order for the ninth year funding
application to be forwarded to the Division of Litter Control,
said application must be endorsed by Council.
NOW, THEREFORE, BE IT RESOLVED THAT the Council of the
City of Virginia Beach endorses and supports the continuation of
the Virginia Beach Clean Community Program with grant funding to
be furnished by the Division of Litter Control of the State of
Virginia.
BE IT FURTHER RESOLVED THAT the Department of
Conservation and Economic Development, Division of Litter
Control, is hereby requested to consider and approve said grant
application and program, said program being in accord with the
regulations governing the use and expenditure of these funds.
7th July
Adopted this day of 1986.
A,'
- 42 -
Item II-L.7
CONSENT AGENDA TTEM # 25674
David Grochmal, Director of General Services responded to Council's inquires.
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance to transfer $60,525 to the Department of
General Services to cover the lease of office space
for General Government and Operations Departments
at Princess Anne Executive Park.
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
u
C)
V)
AN ORDINANC' TO TRANSFER $60,525
TO TIIE DEPARTMENT OF GENERAL
> SERVICES TO COVER THE LEASE OF
0
> OFFICE SPACE FOR GENERAL GOVERNMENT
Q-
0 CL AND OPERATIONS DEPARTMEN-FS
CL
WEREAS, the development of the Municipal Center Master Plan and
detailed analys-is have revealed deficiencies of office space In the Municipal
CL,nt-er which will contiiiue to grow, and
V@HEREAS, to address the immediate needs of the General Government
and Operatlons departments, an ai-olysis was done to compare the annual operating
and start-up costs of a modular, btjilding ovc-,r a f-ive-year period versus the lease
cf office space, and
WHEREAS, the analysis indicated -it would be more economical and
aesthetically pleasing for the Mun@icipal Center to lease office space, and
WHEREAS, the cc)st of rent effective September 1, 1986 through June
110, 1987 is est-imated at
NOW THEREFORE BE 17 ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VI W@INIA tl)at funds @in the amount of $60,525 is hereby
transl'erred from General Fund Reserve for Coiitingencies to the Department of
General Set@vices to covei- the cost of len-@-itig of,@ice space for General Government
and Operatic)ns departments.
This crd@nance shall be effective on the date of Its adoption.
Adopted by t@)o Council of the C,ity of V@frginia Beacli, Virginia on
thc, ---- Seventh -------- day of 1986.
I,y
CAC/1 ORDL.LCA
- 43 -
Item II-L.8
CONSENT AGENDA ITEM # 25675
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED upon SECOND RKADING:
Ordinance to appropriate $71,000 for the
acquisition of a dredge.
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
,DVED,t-.S TO CONTENT
C-,\Tp z
M ORDINANCE TO APPROPRIATE ADDITICNAL
FUNDS FOR THE ACQUISITION OF A DREDGE
f-IT WHEREAS, on March 24, 1986 Council approved an ordinance
appropriating $750,000 fo,r the acquisiticn of a new dredge, and
WEREAS, bids have received for the dredge and ba@ upcn the
low bid received frorn Ellicot Machine Corporation the cost including
ccntingencies is now estimated to be $821,000, and
WHEREAS, to proceed with the acquisiticn addltional funds in the
amount of $71,000 n@ to be appropriated and it is rec@ded that these
additional appropriaticns be financed through a lease-purchase agr@t as the
I
original $750,000 was financed.
NOW, THEREFORE, BE IT ORDAINED BY THE COLJNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that additicnal funds in the amoun t of $71,000 be
appropriated for the acquisiticn of a dredge with a correspcnding increase in
es.timated revenues frorn the proc@s for the sale of a lease-pirchase agr@t.
BE IT FURTHER ORDAINED that the City Manager is hereby authorized
to award the low bid to Ellicot Machine Corporaticn.
This ordinance shall be effective fr(xn the date of its adoption.
Adopted by the Council of the City of Virginia @ch, Virginia cn
the SEventh day of July 1986.
FIRST READING June 23, 1986
SECOND READING July 7, 1986
CAC/3 ORD2
- 44 -
Item II-L.g.
CONSENT AGENDA ITEM # 25676
Upon moton by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
APPROVED upon SECOND READING :
Ordinance iipon SECOND READING to appropriate
$4,492,116 for the acquisition of property at the
Municipal Center and establish a capital project
for the acquisition.
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
July 7, 1986
AN ORDINANCE TO APPROPRIATE $4,492,116 FOR THE
ACQUISITION OF PROPERTY AT THE MNICIPAL CENTER AND
ESTABLISH A CAPITAL PROJECT FOR THE ACQLJISITICN
VMEREAS, in January 1985 the city antered Into a contract with
Waller, Todd and Sadler, Inc. to analyze the space needs at the ninicipal Center
through the year 2010 and to develop a buildings master plan, and
WHEREAS, based upon projected space needs in the study, it was
determined that by 1995, there would be a space deficiency of over 300,000 net
square feet at the Minicipal Center, and
WHEREAS, to eliminate this deficiency, the ccnsultant projected
the requlr@t of an additicnal 36.77 acres of land with a total appraised value
of $4,492,116 for future building sites and related site improv@ts, and
MIEREAS, the purc@e of the additicnal sites at this time will
prevent the need of havihg to pay higher costs in the future and allow the
optimum develo@t plan for the @nicipal Center, and
WHEREAS, the cost of acquiring the additicnal property rwy be
financed with the proceeds from the sale of excess property from the Baxter Road
Flyover project.
NOW, THEREFORE, BE IT ORDAINED BY THE COLJNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that $4,492,116 is hereby appropriated for the
acquisition of property at the Ainicipal Center and that a capital project be
established for the acquisition.
BE IT FURTHER ORDAINED that the City Manager is herby authorized
to negotiate for the purchase of the additional property with costs to be
financed with the proceeds from the sale of excess property frorn the Baxter Road
Flyover project.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of thB City of Virginia @ch, Virginia on
the Seventh day of July 1986.
FIRST READING: June 23, 1986
SECCNO READING: July 7, 1986
APPROVED AS TO CONTENT
IIG.I,,T-IIZ
cy
- 45 -
Item II-L.10
CONSENT AGENDA ITEM # 25677
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate a Grant from
the Department of Corrections totaling $227,500 for
the Virginia Beach Community Diversion Incentive
Program.
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, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry
Council Members Absent:
None
July 7, 1986
to
r
AN ORDINANCE TO ACCEPT A GRANT
10
FROM THE DEPARTMENT OF CORRECTIONS
TOTALING $227,500 AND TO APPROPRIATE THESE
FUNDS FOR THE VIRGINIA BEACH COMMUNITY
DIVERSION INCENTIVE PROGRAM
0
0
:D
n- EREAS, the Virginia General Assembly has enacted the
community Diversion Incentive Program which makes funds available to
jurisdictions within the Commonwealth for the purposes of diverting
qualified non-violent offenders from the State penitentiaries for the
purpose of rehabilitating these offenders and allowing them the
opportunity to make restitution for their crimes; and
WHEREAS, the City of Virginia Beach is currently operating
such a program; and
WHEREAS, the Virginia Department of Corrections has approved
the necessary funding to continue the Virginia Beach Community
Diversion Program from July 1, 1986 through June 30, 1987 to accomplish
the objectives stated above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the City Manager is hereby authorized to accept the
grant for the City and funds are hereby appropriated for the following
purposes:
Estimated Revenue Local Total
from other Agencies Match Appropriations
CDI Program $227,500 o@oo $227,500
BE IT FURTHER ORDAINED that six personnel positions are
hereby authorized for the duration of the grant to be paid from the
grant with the classes of the employees to be determined by the City
Manager.
FIRST READING: Jljly 7, 19886
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of , 1986.
- 46 -
Item II-L.11
CONSENT AGENDA ITEM # 25678
Chief Charles Wall responded to Council's inquiries.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance to ADD one full-time secretarial position
and delete three part-time clerical positions in
the Police Department.
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
JUly 7, 1986
AN ORDINANCE TO ADD ONE FULL-TIME
SECRETARIAL POSITION AND DELEL-E THREE
THREE PART-TIME CLERICAL POSITIONS IN
THE POLICE DEPARTMENT
EAS, the Police Departiner)L has established a Crime Analysis
Unit to facilitate crim@nal ijivestigations; and
WHEREAS, the Crime Analysis Unit in the past has employed three
ii@gh school students in their sen@or year to provide clerical support; and
',qFIEREAS, theso three students filled part-time positions wc)rldng
twenty hours per week; aiid
WHEREAS, the pro,jected workload of the Crime Analysis Unit
indicates a i@eed to provide for gr(--,3ter continuity of clerical support; and
@h@HEREAS, greater continuity caii be acl@ieved by add-ing a full-time
permanent secretary position; and
@rHEREAS, t@iis full-time pos-iticn w@-11 also reciuce training costs,
office overcrowdirig and possildle security beaches rel,)ted to tJ-)e three part-time
positioi-o; and
@OHEREAS, funding @or the full-time position would be made
availab-le by the deletion cDf LI)e three part-time positioti--.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that one full-time secretarial position be added and
three part-tirne clerical pos-itiol.)s delc-,t d.
This ord@nance shall be effective on the date of its adoptic)n.
Adopted by @he Council of the C@ty of Virginia Beach, Virginia on
the Seventh day of July 1986.
CAC/1 ORD3.PAD
- 47 -
Item II-L.12
CONSENT AGENDA ITEM # 25679
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Holland Road
to Welch Industries, Inc., its assigns and
successors in title.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free
and harmles of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a
traffic control plan before commencing work within
the City's right-of-way.
5. A highway permit must be obtained and a bond
posted prior to commencing work within the City's
right-of-way.
6. No open cut of a public roadway shall be allowed
except under extreme circumstances, such
exceptions shall be submitted to the Highway
Division for final approval.
7. The owner agrees that once gravity sewer becomes
available, he will disconnect from the force main
and attach to the gravity line.
8. The owner agrees to provide an "as built survey"
to the Department of Public Works/Engineering
Division to ensure proper location of the utility.
Jul 7 1986
48 -
Item II-L.12 ITEM 25679 (Continued)
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
July 7, 1986
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF HOLLAND ROAD
TO WELCH INDUSTRIES, INC., ITS ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Welch Industries, Inc., its assigns and successors
in title are authorized to construct and maintain a temporary
encroachment into a portion of the City's right-of-way of Holland
Road.
That the temporary encroachinent herein authorized is
for the purpose of a private 2" P.V.C. sanitary sewer force main
to serve a proposed office building and that said encroachment
shall be constructed in accordance with the City of Virginia
Beach Public Works Department's specifications as to size,
aligninent and location, and further that such teinporary
encroachment is more particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Holland
Road as shown on that certain plat
entitled: "PLAT SHOWING RIGHT OF WAY FOR
2" PVC LINE FROM WELCH PILE DRIVING CORP.
TO 16" CITY FORCE MAIN PRINCESS ANNE
BOROUGH, VIRGINIA BEACH, VIRGINIA," and
prepared by GMW - George W. Midgette,
Jr., Land Surveyor, a copy of which is on
file in the Virginia Beach Department of
Public Works and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that th@.., temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Welch Industries, Inc., its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City's right-of-way of Holland Road by the Welch Industries,
Inc., and that the Welch Industries, Inc., its assigns and
successors shall bear all costs and expenses of such removal.
PLAT 5HOWINij
IOWNT CW *Ay FOfi 2'PVC LINE
F"C'M 'WLL@ PILE DttiViNo CoRp
TO itl' cit-y FORCIE IWAIN
ftiNCLL)zi '4tthE Vitt(ilNIA beACH,
GE&k@t: W. mi@ETTE, JR., LAND @UKVEYok
VikGINIA AND NORTH CA C)LI A
ti h
:.i CLL)AN RD. tiUlTE 2-D, Cm"AIIC@. VA
TULF P
- 49 -
Item II-L.13
CONSENT AGENDA ITEM # 25680
Upon motion by Councilman Baum, seconded by Vice Mayor Obenrdorf, City Council
ADOPTED upon FINAL APPROVAL an Ordinance for the closure of a portion of
Pennsylvania Avenue in the petition of GORDON RUDOLPH:
Application of Gordon Rudolph for the
dicontinuance, closure and abanbdonment of a
portion of Pennsylvania Avenue begining at the
northern boundary of Broad Street and running in a
northerly direction to the southern boundary of
Jeanne Street (formerly Douglas Street) as shown on
plat entitled "Plat of Euclid Place" and recorded
in the Clerk's Office of the Circuit Court in Map
Book 4, Book 62. Said parcel is 50 feet in width
and contains 28,500 square feet more or less.
BAYSIDE BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
*Verbal Nay
Jul 7 1 86
23a -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF TIIAT CERTAIN
STREET KNOWN AS PENNSYLVANIA AVE-NUE,
LOCATED IN THE BAYSIDE BOROUGH OF TIIE CITY
OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON
THAT CERTAIN PLAT ENTITLED, 'PLAT OF EUCLID
PLACE", WHICH PLAT IS RE-CORDED IN THE
CLERK'S OFFICE OF THE CIRCUIT COURT OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP
BOOK 4, AT PAGE 62.
WHEREAS, it appearing by affidavit that proper notice has
been given by Gordon Rudolph, that he would make application to
the Council of the City of Virginia Beach, Virginia, on October
28, 1985, to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by tlie Council of the City of Virginia Beach,
Virginia, that the hereinafter described Street be discontinued,
closed, and vacated:
ALL THAT portion of Pennsylvania Avenue
lying north of the northern right-of-way
line of Broad Street and south of the
southern right-of-way line of Douglas
Street as shown on that certain plat
entitled, "Plat of Euclid Place", recorded
in the office of the Clerk of the Circuit
Court of the City of Virginia Beach,
Virginia, in map Book 4 at Page 62.
- 23b
SECTION II
A certified copy of this Ordinance Shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the city of Virginia Beach, as grantor.
SECTION III
APPROVED -- November 18, 1985
FINAL APIIOVAL - July 7, 1986
- 50 -
Item II-L.14
CONSENT AGENDA ITEM # 25681
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
APPROVED:
Certificate of Public Convenience and Necessity:
Beach & Coastal Cab
H.B.D. Marine Services
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
July 7, 1986
- 51 -
Item II-L.15
GONSENT AGENDA ITEM # 25682
Upon motion by Councilman Baum, seconded by Vice Mayor Oberdorf, City Council
APPROVED:
Bingo/Raffle Permit:
Animal Assistance League of Virginia, Inc.
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
- 52 -
Item II-L.16
CONSENT AGENDA ITEM #25683
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Resolution directing the City Treasurer to certify
to the Commissioner of Revenue a copy of the list
of Real Estate on the Land Books which is
improperly placed thereon or which is not
ascertainable.
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
A RESOLUTION DIRECTING THE
TREASURER TO CERTIFY TO THE
COMMISSIONER OF REVENUE A
COPY OF THE LIST OF REAL
ESTATE ON THE LAND BOOKS WHICH
IS IMPROPERLY PLACED THEREON
OR WHICH IS NOT ASCERTAINABLE.
WHEREAS, the Treasurer of the City of Virginia Beach has
submitted to the City Council a list of real estate on the land
books improperly placed thereon or not ascertainable, as provided
by Section 58.1-3921 of the Code of Virginia; and
WHEREAS, the properties described in the list have been
included in the land books since as early as 1966; and
WHEREAS, it has been determined that the properties
described in the list do not exist or are otherwise not
ascertainable and that the properties were originally included on
the land books as a result of erroneous information contained in
deeds, surveys and other instruments recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach; and
WHEREAS, the City Council is of the opinion that the
administration of the taxing authority will be enhanced by
removing from the tax rolls all properties identified in the land
books which have been improperly placed thereon or which are
otherwise not ascertainable.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That pursuant to Section 58.1-3924 of the Code of
Virginia the Treasurer is hereby directed to certify to the
Commissioner of Revenue a copy of the list previously submitted to
the City Council which identifies real estate on the land book
improperly placed thereon or not ascertainable.
2. That the Commissioner of Revenue shall correct his
land book accordingly.
3. That the Treasurer shall be given credit for the
entire amount of taxes included in the list, and may destroy the
tax tickets made out by him for such taxes.
Adopted by the Council of the City of virginia Beach,
Virginia on the Seventh day of July 198 6.
GLF/ld
1/1 3/8 6
(5)
APPP,CV[D f@5 TO CONTENT
P, -. P AIT
E,) "I'@
- 53 -
Item II-L.17
CONSENT AGENDA ITEM # 25684
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
APPROVED:
Authorization of the City of Virginia Beach to John
T. Atkinson, City Treasurer, to charge-off
uncollectable debts in the amount of $334-00.
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
July 7, 1986
\11,1118 o,
MUNICIPA
VIRGINIA BEACH, VIRGINIA
JOHN T. ATKINSON
TREASURER
June 24, 1986
I WOULD LIKE PERMISSION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH To
CHARGE OFF THE FOLLOWING UNCOLLECTABLE RETURNED CHECKS:
Mary A. Brooks 2.00 City Treasuier Charge Check dated 10/22/85
1253 Shawn Drive 13.00 Court Cost Moved, unable to locate
Va. Beach, VA 23456 20.00 City Decal
Dorothy R. Collins 20.00 City Decal Check dated: 4/4/86
3020 Old Towrie Lane Moved, unable to locate
Va. Beach, VA 23452
Clarence J. Epps 20.00 City Decal Check dated 2/25/86
206-N Palmara Court Moved, unable to locate
Va. Beach, VA 23462
Marjorie Ford 45.00 City Decals Check dated 1/30/86
5421 Grandlake Cres. Moved, unable to locate
Va. Beach, VA 23462
Donald R. Holmes 20.00 City Decal Check dated 1/31/86
2205 Bayberry Street Left State, no address
Va. Beach, VA 23451
Diane J. Kenaston 20.00 City Decal Check dated 4/3/86
466 Wayman Lane Left State, no address
Va. Beach, VA 23454
Brandt A. Martin 20.00 City Decal Check dated 1/7/85
1069 Lands End Way Moved, unable to locate
Va. Beach, VA 23451
James R. Pecan 20.00 City Decal Check dated 1/14/86
1001 Autumn Woods Ln. 14oved, unable to locate
Va. Beach, VA 23454
Melvin Ruffin, Jr. 25.00 City Decal Check dated 2/7/86
320 24th Street Moved, unable to locate
Va. Beach, VA 23451
Priscilla Traver 20.00 City Decal Check dated 2/18/86
2008 Mt. Marcy Cir. Moved, unable to locate
Va. Beach, VA 23456
Cynthia E. Worner 20.00 City Decal Check dated 1/29/86
4201 S. Plaza Trl.
Va. Beach, VA 23462 Moved,unable to locate
PAGE 2...............
Daniel Snead 29.00 Board & Impounding Fee Check dated 3/18/86
3705-A E. Stratford Rd. Moved, unable to locate
Va. Beach, VA 23455
Martin-Dwyer Gen. Cont. 40.00 Refuse Disposal Check dated 5/24/85
3816 William Penn Blvd. Moved, unable to locate
Va. Beach, VA 23452
$334.00
of Va. Beach
- 54 -
Item II-L.18
CONSENT AGENDA ITEM # 25685
Uon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$1,499-57 upon application of certain persons and
upon certification of the Treasurer for Payment.
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
July 7, 1986
6/9/86 LMC
AN ORDINANCE AUTHORLZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That,the following applicatiotis for tax refunds upoil certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exoiiera- Date Penaity I nt. Total
Year of Tax Nuniber tion No. Paid
Kempsville Lake #1 83 RE(1/2) 44524-5 12/3/82 2.00
Kempsville Lake #1 83 RE(2/2) 44524-5 6/5/83 2.00
Kempsville Lake #1 83 RE(]/2) 44525-4 12/3/82 2.00
Kempsville Lake #1 83 RE(2/2) 44525-4 6/5/83 2.00
Kempsville Lake #1 83 RE(1/2) 44526-3 12/3/82 2.00
Kempsville Lake #1 83 RE(2/2) 44526-3 6/5/83 2.00
Kempsville Lake #1 83 RE(1/2) 44527-2 12/3/82 2.00
Kempsville Lake /il 83 RE(2/2) 44527-2 6/5/83 2.00
Kenipsville Lake #1 84 RE(1/2) 46942-3 12/2/83 2.00
Kempsville Lake #1 84 RE(2/2) 46942-3 6/5/84 2.00
Kempsville Lake #1 84 RE(1/2) 46943-2 12/2/83 2.00
Kempsville Lake #1 84 RE(2/2) 46943-2 6/5/84 2.00
Kempsville Lake #1 84 RE(1/2) 46944-1 12/2/83 2.00
Kempsville Lake #1 84 RE(2/2) 46944-1 6/5/84 2.00
Kempsville Lake #1 84 RE(1/2) 46945-0 12/2/83 2.00
Kempsville Lake #1 84 RE(2/2) 46945-0 6/5/84 2.00
Kempsville Lake #1 85 RE(]/2) 49243-2 12/5/84 2.00
Keinpsville Lake #1 85 RE(2/2) 49243-2 6/5/85 2.00
Kempsville Lake #1 85 RE(]/2) 49244-1 12/5/84 2.00
Kempsville Lake #1 85 RE(2/2) 49244-1 6/5/85 2.00
Kempsville Lake #1 85 RE(1/2) 49245-0 12/5/84 2.00
Kempsville Lake '@'I 85 RE(2/2) 49245-0 6/5/85 2.00
Kempsville Lake #1 85 RE(1/2) 49246-9 12/5/84 2.00
Kempsville Lake #1 85 RE(2/2) 49246-9 6/5/85 2.00
Kempsville Lake #1 86 RE(1/2) 52725-2 12/5/85 2.00
Kempsville Lake #1 86 RE(1/2) 52726-1 12/5/85 2.00
Kempsville Lake #1 86 RE(1/2) 52727-0 12/5/85 2.00
Kempsville Lake #1 86 RE(1/2) 52728-9 12/5/85 2.00
Alton A Miller 86 RE(1/2) 65983-0 12/5/85 9.00
ARC Mortgage 86 RE(]/2) 108233-7 12/5/85 111.81
Jocelyn M Schroeder 86 RE(1/2) 87790-8 5/15/86 60.78
Dr Bruce K Barr 85 RE(1/2) 36169-9 12/1/84 324.60
Zion Place Inc 85 pp 178187-6 48304 5/10/85 247.50
Gerrie A Green 86 pp 66008-9 48391 5/3/86 575.10
John B Wallin 85 pp 215954-6 48345 11/18/85 114.78
Total 1,499.57
This ordinance shall be effective from date of adoptioii.
The above abateinent(s) totaling Certified as to payment;
---$-@l 499. 57 - were approved by
tlie Council of the City of Virginia
Beacii on the 7d,y f J-Uiy, 1986
Joliii T. Atkinson,
Approved as to forin:
Rutl) Hcdges Smith
City Clerk
DSVBimson, CTly Attorney
5 5
Item II-L.19
CONSENT AGENDA ITEM 25686
Upon motion by Councilman Baum, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Ordinance authorizing License Refunds in the amount
of $1 550-35 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
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
July 7, 1986
ICENSE REFUNDS
IN PERSONS AND
COMMISSIONER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the tollowing applications for license reiunds, upon certification of the Commissioner of th,
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Olyrrpic Image, Inc.
Route 1, Box 261
Milton, NC 27305 1984/85 Audit 22.87 22.P7
Seal., Robert R. & lerbert G.
T/A Country Day Care Center #2
10406 @,7inding Ridge Circle
Richmond, VA 23233 1985 P.Uoit 338.04
Certified as to Payment:
Commissioner of the evenue
Ar)proved as I
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3 6 09 1were approved by the Council
of the City of Virginia Beach on the7day oi 1 86 ig
Ruth Hodges Smith
City Clerk
T@o g-o
vouc@iER
(4-8)
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Bear Contracting, Tnc.
P. 0. Box 822
Franklin, VA 23851 1986 Audit 313.60 313.60
Best-lqay/Div. of Prices, Inc.
T/A Best-Vlay
1900 Monticello Ave.
Norfolk, VA 23517 1984 Audit 21.34 2)-.34
lialperii, Norris E.
c/o Pender & Coward
192 Ballard Court
Va. Beach, VA 23462 1986 04/25/86 572.93 572.q3
Certified as to Payment:
6ffo@ert P- Vaughan-
Commissioner of the Revenue
m -7
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 9 0 78 7were approved by the Council
of the City of Virginia Beach on th(, 7 day of July .19 86
Ruth Hodges Smith
City Clerk
lit I I.,
THORI:@'.:I'4@ FIF-FUNDS
OF (;I.R'rAll@ i AND
ION OF THE ComftiSSi()NER
'-O',,'TH.E -@t)LJN,;iL 6F I'HE CITY OF VIHGlt4V, BEACH. VIR,31rilA:
Tl,ial Ir)e foiiuwifig appiil;al G,@ (ur;ic3ni,,@ refuncis, upon curtiticai@,,ii of the
Guineiiiss.onei, uf ttie
Haveriue are liurul)y approved:
License Date
NAME Yt)ar Paid Bise Penalty Int. olal
Lafavette Distributina Co.
T/A Lafayette I\.uto SuTnlv &
Great @leck P.utc,, Rer).
3487 F. Virginia Beach Blvd.
Norfolk, VA 23502 1982/83 Pudit 125.60 1'15.60
Marriott Cornoration
T/A Roy Rogers
1 @larriott Drivc, Der.,t. 924-31
I,,'ashington, DC 20058 1985 Audit 155.97 15@.07
Certifieu as to Paymt-nt:
Th,-, c)roinzir,ce stiali be ottectiv(@ frorri date of
adoption.
T@,,e aou\,(,, toii@i@ng- @,2_P) .57
werc ap[;ro,/c(l by t@ic Council
7 July 1986
L)t the, City C)f Virginia @,,,Ltcit ori the day of 19
Ruth HodgLs Smith
City ClefK
VOIIC.ER
- 56 -
Item II-M.1
UNFINISHED BUSINESS ITEM # 25687
Tom Willcox, Development Director with Goodman-Segar-Hogan, represented th
applicant
A MOTION was made by Councilman Moss, seconded by Councilwoman Oberndorf NOT TO
RECONSIDER the WAIVER of a Condition as per the request of GOODMAN-SEGAR-HOGAN.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Baum,
Ctiy Council REFERRED TO THE PLANNING COMMISSION:
RECONSIDERATION NO. CC-008:
GOODMAN, SEGAR, HOGAN request for a curb cut on
Salem Road.
The Condition requested to be WAIVED:
1. The commercial area designated for this site is
to be oriented toward the interior of this
development and not to have access from Salem
Road.
This condition was one imposed upon the application of SUNSTREAM PARK, INC. for
Changes of Zoning granted by City Council on August 6, 1979.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Reba S. McClanan and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, John D. Moss,
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 57 -
Item II-M.2
UNFINISHED BUSINESS ITEM # 25688
Donald Trueblood, City Engineer, advised by letter of June 13, 1986, the U.S.
Army Corps of Engineers has agreed to accept a temporary easement to the Ocean
Park Beach disposal area that must be executed by all parties involved in the
litigation or who claim ownership of the beach in question. In order to
accommodate an alternative disposal plan for beach nourishment in the scheduled
plans and specifications, a letter of intent, including the specific beach
area, should be provided by the City not later than July 18, 1986. The
required temporary easement should be provided prior to the August 5, 1986,
advertising date.
Mr. Trueblood advised the City would need to build a beach about 8 feet high
and 100 feet wide and then for another 100 feet the City would slope it down 8
feet to 0. A section of this particular type would take approximately 220,000
cubic yards of sand. If sand from this summer's dredging of the Lynnhaven Inlet
is used for Ocean Park Beach replenishment, the Erosion Comission would need to
contract for 150,000 cubic yards at $6-7 per cubic yard (1986 price).
Attorney Charles Salle', represented the property owners along Ocean Park
Beach, and advised his clients had engaged an Engineering firm to provide
estimates on 3,000 feet of Beach for sand replenishment. The firm estimated
approximatelY 51,000 cubic yards of sand would be required.
Judith Connors, represented the Ocean Park Civic League, and reiterated their
concerns. The Beach has eroded past Chesapeake Drive.
The City Staff will respond further to City Council on July 14, 1986, on all
costs involved.
July 7, 1986
- 58 -
Item II-M-3a.
UNFINISHED BUSINESS ITEM # 25689
MINUTES
ADD-ON
A MOTION to RATIYY the RESOLUTION ADOPTING A COMPREHENSIVE LAND USE PLAN was
made by Councilman Heischober, seconded by Councilman Perry. This Resolution
was ADOPTED by City Council on July 1, 1986.
Mayor Jones requested the term "joint public hearings" be changed to "joint
public meeting".
Councilman Eeischober, and Councilman Perry AMENDED the motion to include same.
A SUBSTITUTE MOTION was made by Councilwoman Henley, seconded by Vice Mayor
Oberndorf, that the Minutes of the Special Session of July 1, 1986 at 10:40
P.M. be REMOVED FROM THE TABLE and APPROVFD.
Upon AMENDED MOTION made by Councilwoyman Henley, seconded by Vice Mayor
Oberndorf, City Council REMOVED the MINUTES FROM THE TABLE of the Special
Session of July 1, 1986, at 10:40 P.M-
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, John D. Moss, Vice Mayor Meyera
E. Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Robert E. Fentress, Mayor Robert G. Jones and Reba
S. McClanan
Council Members Absent:
None
July 7, 1986
- 59 -
Item II-M-3a-
UNFINISHED BUSINESS ITEM # 25690
MINUTES
ADD-ON
Upon AMENDED MOTION by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council APPROVED the MINUTES of the Special Session of July 1, 1986, at
10:40 P.M-
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko'E, 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:
John A. Baum and Harold Heischober
Council Members Abstaining:
Robert E. Fentress
Council Members Absent:
None
*Verbal Aye
- 6o-
Item Il-M-3b.
UNFINISHED BUSINESS ITEM# 25691
MINUTES
ADD-ON
Upon AMENDED MOTION by Councilman Heischober, seconded by Vice Mayor Oberndorf,
City Council RATIFIED the RESOLUTION ADOPTING A COMPREHENSIVE LAND USE PLAN
AS AMENDED'@, ADOPTED July 1, 1986.
"The term "joint public hearings" be changed to "joint public meetings".
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
July 7, 1986
- 60A AMENDED AND
RAT@'IED
july 7, 1986
A RESOLUTION ADOPTING A
COMPREHENSIVE LAND USE PLAN
WHEREAS, the Council of the City of Virginia Beach
adopted a Comprehensive Land Use Plan in January, 1985; and
WIIEREAS, the Comprehensive Land Use Plan considers one
of the most pressing problems before the City to be its rapid
growth in a southerly direction into its predominately
agriciiltural area, which growth gives rise to incompatible land
uses and strains City resources in the provision of urban
iiifrastructure; and
WIIEREAS, the plan considers it essential to provide for
orderly transition from rural to urban land use and sets forth a
dividng line, beginning at the point where the western boundary
line between the Princess Anne Borough and the Kempsville Borough
intersects witli the Virginia Beacli/Chesapeake City Line; thence
northerly along that line to its intersection with Princess Anne
Road; thetice south and east along Princess Anne Road to Sandbridge
Road; thence east along Sandbridge Road to the Atlantic ocean;
thence southerly along the shore of tlie Atlantic Ocean to the
Virginia/North Caroline boundary line; thence westerly along the
Virginia/North Carolina boundary line to the Virginia
Beach/Chesapeake City Line; thence northerly along the Virginia
Beach/Chesapeake City Line to the point of beginning, (hereinafter
the "Green Line") as the most effective tool to manage this
transition; and
WHEREAS, the Green Line lias been in existence since the
City's adoption of its original Comprehensive Plan and the City's
Council has adhered to the Greeii Line in making land use
decisions; and
WHEREAS, there is already in existence residential or
commercial zonings withiii tlie area bounded by the Green Line which
are inconsistent with the Compreliensive Land Use Plan's proposals
for managing growth and which, if developed, will create some of
the very problems Lo be controlled by the Comprehensive Plan,
namely, the elimination of incompatible land itses and the timely
provision of urban facilities and services; and
WI]EREAS, the Council of the City of Virginia Beach, in
December, 1984, received a rel)ort from Roy Mann Associates
entitled @'A ManagemenL Plan for Back Bay,@' which report recognizes
the impacts which urbanized development in tlie watershed will have
on the Back Bay ecological system; and
WHEREAS, the Council for the City of Virginia Beach, in
February, 1986, received a report from liarland Bartholomew &
Associates, Inc., entitled "Growth Impact Analysis for the
Courthouse-Sandbridge Study Area," which report identifies the
required public services and their potential costs when the
development occurs in tbe Courthotise-Sandbridge Study Area; and
WHEREAS, the City Co,incil is highly mindful of its
obli,,ations to the public to provide for orderly growth within the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACII, VIRGINIA:
That the Planning Commission and the Council of tlie City
of Virginia Beach will, during July and August of 1986, hold joint
public meetings to consider the possibility of utilizing
downzoning to reclassify properties south of the Green Line
(beginning at the point where the western boundary line between
the Princess Anne Borough and the Keml)sville Borough intersects
with the Virginia Beach/Chesapeake City Line; thence northerly
along that line to its intersection witli Princess Anne Road;
tlience south and east along Princess Anne Road to Sandbridge Road;
thence east along Satidbridge. Road to the Atlantic Oceail; thence
southerly along the shore of the Atlantic Ocean to the
Virginia/North Caroline boundary line; thence westerly along the
Virginia/Nortli Carolina boundary line to the Virginia
Beach/Cliesapeake City Line; thence northerly along the Virginia
Beach/Chesapeake City Line to the point of beginning) to an
- 2 -
appropriate district in conjunction witli tlie Comprehensive Land
Use Plan and the Capital Improvement Program in order to provide
for adequate light, air, convenience of access and safety from
fire, flood, and other dangers; to reduce or prevent congestion in
the public streets; to facilitate the creation of a convenient,
attractive and harmonious community; to facilitate the provision
of adequate police and fire proteclion, transportation, water,
sewerage, and other requirements; and to provide for the
preservation of agriculture and forest lands.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 1986.
JDB/jmh
( RES)
0 7 / 0 1 / 8 6
3 -
6 1
Item II-M-4
UNFINISHED BUSINESS ITEM 25692
ADD-ON
Councilwoman Henley requested City Staff prepare a presentation concerning the
FOX FIRE and COURT HOUSE Development.
During the Briefing of November 5, 1984, the City Staff had indicated the
APPROVAL of the Preliminary Subdivision Plan would give the FOX FIRE
Development 653 dwelling units. The Staff advised on June 16, 1986, there were
to be 824 units - 464 single family and 360 townhouses which is an increase of
171 units from the APPROVAL of the original site plan.
- 62 -
Item II-N.1
NEW BUSINESS ITEM # 25693
ADD-ON
The City Manager advised two JOINT PUBLIC MEETINGS (CITY COUNCIL AND PLANNING
COMMISSION) had been Scheduled for July 16, and July 22, 1986 at 7:00 P.M. in
the City Council Conference Room, City Hall. concerning the GREEN LINE and the
MASTER STREET AND HIGHWAY PLAN.
The City Manager also referenced a CAPITAL IMPROVEMENT PROGRAM WORKSHOP had
been scheduled in the City Council Conference Room, City Hall, at 7:00 P.M. on
July 8, 1986.
July 7, 1986
- 63 -
Item II-N.2
NEW BUSINESS ITEM # 25694
ADD-ON
Councilman Moss referenced the status for the REQUEST FOR PROPOSAL (kFP) for
the PD-H2 Ordinance.
The City Manager advised a copy of the REQUEST FOR PROPOSAL had been sent to
each Council Member.
Councilwoman Parker referenced whether Conditional Zoning might offset the PD-
H2 Ordinance and satisfy the same need.
July 7, 1986
- 64 -
Item II-0.
AWOURNMENT ITEM # 25695
Upon motion by Councilman Perry, seconded by Councilman Fentress, and BY
ACCLAMATION City Council ADJOURNED the Meeting at 5:33 P.M.
B ,e y
Chief Deputy City Clerk
_Kuth Hodgeg Smith, CMC
City Clerk
City of Virginia Beach
Virginia