Loading...
HomeMy WebLinkAboutDECEMBER 9, 1985 MINUTES "WORLD'S LARGEST RESORT CITY" CrTY COUNCIL MA YOR HAROLD AMSCHOBF-T At VICE-MA YOR REBA S. VCCLANAN, P-.. A- @k JOHN A. DAUM. Bi.@@ @h NA,VCY A. CRESCH. A@ L" RORMT E. @. Vn- B.-h B-gh BARRARA M. @. @ @h M. JACK @GS, JR.. L@ @k LOUIS R. JONES, B.,@ B-gh ROBFRT G. JONES, At L-9. J HENRY MCOY. JR.. K-p@ @k M@ E. OBERNDORP, Ai @ 281 CRTY IFALL BUILD@ RUTH HODGES SMrrE. CMC, Cily Cl-k CITY COUNCIL AGENDA MUNICIPAL CEN= VIRrINIA BEACH, VIRrnVIA W"6-NO (B"]427.4= December 9, 1985 Virginia Beach City Council BRIEFING - Council Chambers - 11:00 AM Haster Street and Highway Plan and Green Line Study Harland Bartholomew and Associates ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 FM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Jerry Holcomb Kings Grant Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Consent Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT 14ATTERS F. MINUTES 1. Motion to accept/approve the Minutes of December 2, 1985 G. PUBLIC HEARING 1. DERGENCY SAND GRADING PERMITS: SANDBRIDGE H. PLANNING - REQUEST FOR WAIVER 1. Request for waiver of a condition imposed upon the application of Virginia Beach Federal Savings & Loan Association for a change of zoning from R-4 Residential District to 0-1 Office District on a 3.6-acre parcel located on the west side of First Colonial Road north of Wolfsnare Road (Lynnhaven Borough), approved by City Council March 17, 1980. DEFERRED by City Council November 25, 1985. I. PLANNING BY CONSENT 1. Application of Ira V. Jozies for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance, on a 1.973-acre parcel located at 5668 Morris Neck Road (Pungo Borough). Recoinmendation. APPROVAL 2. Application of Virginia Beach Grace Brethren for a conditional use permit for a church on a 4.36-acre parcel located on the west side of Sale@Road, 400 feet, more or less, north of Zodiac Lane (Kempsville Borough). Recommendation: APPROVAL 3. Application of Colonial Baptist Church for a conditional use permit for a church addition (classrooms and gymnasium) on a 10-acre parcel located on the west side of Centerville Turnpike, 970 feet south of Lynnhaven Parkway at 2221 Ceriterville Turnpike (Kempsville Borough). Recommendation: APPROVAL 4. Application of Virginia Beach Arts Center for a conditional use permit for a commercial parking lot on a 30,000-square foot parcel situated at the southeast corner of 18th Street and Arctic Avenue at 1711 Arctic Avenue (Virginia Beach Borough). Recommendation: APPROVAL 5. Application of Darrell E. and Janie A. Nichols for a change of zoning from R-5 Residential District to AG-2 Agricultural District on a 1.18-acre parcel situated on the north side of Indian River Road, 1,230 feet, more or less, northwest of Elbow Road at 4468 Indian River Road (Kempsville Borough). Recommendation: APPROVAL J. PLANNING 1. Ordinance closing, vacating and discontinuing a portion of Sandra Lane in the petition of S and C Company. Applicant requests further extension for compliance (Kempsville Borough). Recommendation: GRANT FINAL EXTENSION 2. Application of Harry S. and Jean W. Rogers for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires that lot dimensions conform to the Comprehensive Zoning Ordinance on property located at 5613 Normandy Avenue (Kempsville Borough). Recommendation: DENIAL DEFERRED by City Council NoveTnber 18, 1985. 3. Application of Virginia B. West for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance, on a 84,360-square foot (1.937-acre) parcel located at 328 Chesopeian Trail (Lynnhaven Borough). Recommendation: APPROVAL 4. Application of Victoria L. Brehm for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance, on an undeveloped 20,000-square foot (.459-acre) parcel located at the southeri terminus of Prince Phillip Drive (Lynnhaven Borough). Recommendation: DENIAL 5. Application of D & P Associates for a conditional use permit for a home for adults on a 1.475-acre parcel located on the west side of Edwin Drive, 150 feet south of Expressway Drive (Kempsville Borough). Recommendation: NONE DUE TO TIE VOTE 6. Application of Eleanor E. Witham for a conditional use permit for an automobile body repair shop on a 31,798- square foot parcel situated on the east side of First Colonial Road, 400 feet, more or less, south of Virginia Beach Boulevard at 227 First Colonial Road (Lynnhaven Borough). Recommendation: APPROVAL 7. Application of Paul G. and N. Jean Davidson for a conditional use permit for a home for the aged on a 15,000-square foot parcel situated on Lot 8, Sites A and B, North Bellwood Park at 1283 and 1285 Credle Road (Lynnhaven Borough). Recommendation: DENIAL 8. Application of Twin B Auto Parts, Inc. for a conditional use permit for automobile parts sales on a 13,500-square foot parcel situated on Lots 17 and 19, Block 29, Virginia Beach Development Company, at 1701 Baltic Avenue (Virginia Beach Borough). Recommendation: APPROVAL 9. Application of John D. and Diane 14itchell, Sr. and N. P. Simpson, III for a change of zoning from A-1 Apartment District to B-4 Resort-Commercial District on a 7,000- square foot parcel situated on Lot 17, Block 23, Virginia Beach Development Company, at 317 16th Street (Virginia Beach Borough). Recommendation: APPROVAL 10. Application of Coastal Marketing Group, Inc. for a change of zoning from R-7 Residential District to A-4 Apartment District on a 1.0445-acre parcel situated on Lots 12-32 and 10 feet of Lot 10, Block 58, Virginia Beach Development Company, at 506-530 24th Street (Virginia Beach Borough). Recommendation: DENIAL 11. Application of The Chinese Community Cultural Club, Inc. for a change of zoningfrom R-6 Residential District to B-1 Business-Residential District on a 10,890-square foot parcel located on the east side of Newtown Road, north of Baker Road in the Newsome Farms Target Area (Bayside Borough). Recommendation: APPROVAL DEFERRED by City Council on March 11, 1985. 12. Applications of R. G. Moore Building Corporatiou for a changes of zoning: From PD-H2 Planned Unit Development District to B-2 Community-Business District on a 6.8-acre parcel located7a-t the southwest corner of Independence Boulevard and Round Hill Drive (Kempsville Borough). AND, From PD-H2 Planned Unit Development District to P-1 Preservation District on a parcel 165 acres, more or less, located on the north and south sides of Independence Boulevard (proposed), west of Salem Road (Kempsville Borough). Recommendation: APPROVAL ON BOTH APPLICATIONS 13. Application of Fred B. Cooke, Sr. and Alma R. Cooke for a change of zoning from R-8 Residential District to B-2 Community-Business District on a 10,440-square foot parcel located at the southeast corner of Virginia Beach Boulevard and North Fir Avenue at 220 North Fir Avenue (Kempsville Borough). Recommendation: APPROVAL 14. Applications of Robert M. Stanton for changes of zoning located at the southeast corner of Baxter Road and Princess Anne Road (Kempsville Borough): From R-5 Residential District to B-2 Community-Business on 5.419-acre parcels; AND, From 0-1 Office District to B-2 Community-Business District on a 1.767-acre parcel. Recommendation: APPROVAL ON BOTH APPLIR-ATIONS 15. Applicatiori of Harold W. James for a change of zonine from A-1 Apartment District to A-2 Apartment District on an 8- acre parcel located on the south side of Old Virginia Beach Boulevard, 1,050 feet, more or less, west of North Birdneck Road (Lynnhaven Borough). Recommendation: DENIAL K. RESOLUTIONS 1. Resolution approving the issuance of Multi-Family Residential Rental Revenue Bonds for: a. Bridgepointe Associates, L. P. $7,520,000 b. R & J Associates One $2,765,000 2. Resolution Affirming the Action of the City Manager in Declaring an Emergency and Issuing Sand Grading Permits to Certain Properties at Sandbridge Beach. 3. Resolution of the City Council of the City of Virginia Beach, Virginia, noting the Recommendation of the Mayor's Billboard Committee and Authorizing that Reconmendation to go before the Planning Commission for such action as the Planning Commission deems appropriate. L. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance, upon SECOND READING, authorizing the issuance and sale of $24,400,000 General Obligation Bonds. 2. Resolution supporting Legislative designation by the General Assembly for Tax Exempt Status based on certain criteria. 3. Ordinance to Amend and Reordain Chapter 2, Article II, Division 2 of the Code of the City of Virginia Beach, Virginia, pertaining to Administration of Basic Pay Plan. AND, Ordinance to Amend and Reordain Article II, Division 2, of the Code of the City of Virginia Beach, Virginia, By ADDING Sect. 2-109 (d) pertaining to Administration of the Basic Pay Plan. 4. Ordinance declaring that certain property adjacent to Haygood Road at or near Bayside High School and Luxford Elementary School EXCESS and authorizing the City Manager to convey said property to the Conmonwealth of Virginia for Road Widening Purposes. AND, Ordinance, upon FIRST RFADING, to appropriate $117,703 from the General Fund to the Se-hool Board. 5. FINAL APPROVAL of Ordinance closing, vacating, and discontinuing a portion of Goose Landing in the petition of Hudgins & Associates. 6. FINAL APPROVAL of Ordinance closing, vacating, and discontinuing a portion of Ranger Street in the petition of Roland & Virginia Copeund. 7. FINAL APPROVAL of Ordinance closing, vacating, and discontinuing a portion of Rouse Drive in the petition of Fred Dean. Ordinance to authorize a temporary encroacbment into a portion of the right-of-way of Atlantic Avenue and 6th Street to Fountainhead of Virginia Beach, Inc., T/A Ramada inn. 8. Bingo Permits: St. Nicholas Greek Orthodox Church Plaza Junior High Marching Trojanettes St. Matthew's Catholic Church Diamond Springs/Gardenwood Park Civic League Aragona Village Moose Lodge #1998 9. Raffle Permits: Virginia Beach Moose Lodge #1998 Tidewater March of Dimes 10. Bingo/Raffle Permits: Aragona Community Recreation Center Men's Club of St. Gregory Catholilc Church Chesapeake Bay Skating Club Kellam Band Parents Association Hampton Roads Youth Hockey Association Council of United Filipinio Organization Kehillat Bet Hamidrash Synagogue Residents of Westminster Cantebury Friends of Roller Skaters/Kemps River Church of Ascension Old Dominion Aquatic Club Plaza Little League, Inc. Hebrew Ac-ademy of Tidewater Virginia Beach Skating Club K. B. Men's Club Roma Lodge #254 Star of the Sea School Plaza Recreation, Ltd. 11. Certificate of Public Convenience and Necessity: Urban-Lite, Inc. - Total Requested: I for-hire vehicle M. UNFINISHED BUSINESS 1. Amortization of No@conforming Signs. N. NEW BUSINESS 1. Scheduling of Planning Items for all City Council Meetings. 2. Quarterly Report on Capital Projects for the Period Ending September 30, 1985. 0. ADJO@NT CITY COUNCIL REGULAR SESSION DECEMBER 23, 1985 CANCELLED M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G MASTER STREET AND HIGHWAY PLAN 11:00 P.M. December 9, 1985 The BRIEFING was called to order by Mayor Harold Heischober in the Council Chamber on December 9, 1985, at 11:00 A.M. Mr. Robert J. Scott, Director of Planning, introduced Robert Longfield, Consultant, with Harland Bartholomew and Associates, who presented the HASTER STREET AND HIGHWAY PLAN. The booklet entitled "TECHNICAL MEMORANDUM D, RECOMMENDED YEAR 2010 NEEDS PLAN" is hereby made a part of the record. Mr. Longfield presented the 2010 NEEDS PLAN. The general cost level for development of the Needs Plan is approximamtely $749 MILLION. Mr. Longfield outlined the MAJOR IMPROVEMENTS embodied in the MASTER STREET AND HIGHWAY PLAN: 1. Shore Drive is proposed in the Plan for widening from four to eight lanes between the western city limits and the new alignment of Great Neck Road. 2. Northampton Boulevard is proposed for widening from four to six lanes betwen Diamond Springs road and Independence Boulevard. 3. Wesleyan Drive is the third, major east-west facility which requires widening. The exisitng and committed segments should be widened to six lanes form Northampton Boulevard to Haygood Road. 4. Independence Boulevard is proposed for widening to eight lanes from Shore Drive to Jeanne Street. In conjunction with the committed widening of Independence Boulevard, a continuous eight-lane arterial from Shore Drive to Holland Road would be developed as the primary, north-south route In the City. 5. Newtown Road is recommended for widening from four to eight lanes between the Toll Road/I-64 Interchange and Virginia Beach Boulevard and from four to six lanes from Virginia Beach Boulevard to Diamond Springs Road to create a north-south arterial. B R I E F I N G (Continued) 6. Constitution Drive is proposed for widening of the committed section between Columbus Drive and Edwin Drive and along the existing section between Columbus Drive and Jeanne Street. The existing section should be widened from two lanes to six, while the portion of the committed section south of Bonney Road (across the Toll Road) is proposed as an eight-lane arterial. The northern portion between Bonney Road and Columbus Drive would be widened to six lanes. 7. Military Highway is recommended for improvement from a four-lane arterial to an eight-lane arterial between the southern city limits and the Toll Road. 8. Interstate 64 is suggested for widening from the existing four-six-lane sections south of the Toll Road to eight lanes. 9. Centerville Turnpike and I-64 Interchange (proposed). A new I-64 Centerville Turnpike interchange is embodied into !he Plan to assist in providing relief to the existing Indian River Road Interchange. The interchange would be oriented northward and would connect to a six-lane section of Centerville Turnpike which continues southward to Kempsville Road. 10. Indian River Road is proposed for widening from four to eight lanes between the wester city limits and Ferrell Parkway. 11. Southeast Freeway (prol)osed) is recommended with full access control on new right-of-way from the Toll Road southwesterly through Virginia Beach and connecting with I-464 in the City of Chesapeake. 12. Princess Anne Road is suggested for widening to an eight-lane arterial with provisions for access control where feasible. 13. Ferrell Parkway is included in the Plan with a western segment between Indian River Road and Princess Anne Road (which warrants a six-lane cross section) and an eastern segment (which requires eight lanes between Princess Anne Road and the proposed New Harpers Road). 14. Lynnhaven Parkway is proposed for widening to eight lanes between Virginia Beach Boulevard and Holland Road; widening to six lanes between Holland Road and Indian River Road; and for extension on new right-of-way from Indian River Raod to Centerville Turnpike. 15. First Colonial Road/Oceana Boulevard is improved to six lanes for the majority of the segment betwen Mill Dam Road and Princess Anne Road. Eight lane sections are proposed between Virginia Beach Boulevard and Laskin Road and between General Booth Boulevard and Dam Neck Road. 16. Dam Neck Road is proposed as a major east-west facility in the southeastern area. 17. Old Donation Parkway (proposed) is proposed as a four-lane, east-west arterial to connect Independence Boulevard (at Witchduck Road) with Little Neck Road (at Kings Grant Road). 18. Plaza Trail Parkway from Virginia Beach Bouelvard southward and westward to Independence Boulevardvard is improved to a four-lane cross section to accommodate anticipated future traffic volumes of approximately 27,000 vehicles per day by the year 2010. B R I E F I N G (Continued) 19. Providence Road from Plaza Trail Parkway westward to Kempsville Road would be improved to a four-lane cross section to accommodate anticipated year 2010 traffic volumes. 20. Holland Road from Independence Boulevard southeastward to Windsor Oaks Boulevard will require improvement to an eight-lane cross section in accordance with the previously discussed improvement to the Independence Boulevard Corridor. 21. Great Neck Road northward from Virginia Beach Boulevard to Shore Drive would be improved to provide a continuous six-lane cross section generally along this entire route, with the exception of the section from Donation Parkway northward to First Colonial Road where a four-lane section should be adequate to accommodate year 2010 travel desires. 22 Rosement Road from Virginia Beach Boulevard soutbward to Lynnhaven Parkway is recommended in the Plan for improvement to a six-lane cross section to accommodate year 2010 travel desires. The Deputy City Manager reiterated this was a PRELININARY DRAFT. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G GROWTH IMPACT ANALYSIS FOR THE COURTHOUSE-SANDBRIDGE STUDY AREA December 9, 1985 12:25 P.M. The BRIEFING was called to order by Mayor Harold Heiscbober in tbe Council Chamber on December 9, 1985, at 12:25 P.M. Michael Drummond, of Harland Bartholomew & Associates, Inc. , presented the GROWTH IMPACT ANALYSIS FOR THE COURTHOUSE-SANDBRIDGE STUDY AREA. A copy of the PRELIMINARY report is hereby made a part of the record. Mr. Drummond referenced charts contained therein concerning: FORECAST OF DWELLING UNITS-COMPREHENSIVE PLAN PROJECTIONS FORECAST OF DWELLING UNITS-TRENDS MODEL FORECAST OF LAND AREAS - COMPREHENSIVE PLAN PROJECTS FORECAST OF LAND AREAS - TRENDS MODEL DWELLING UNITS AND POPULATION BY ZONE, YEAR 2010 - TRENDS MODEL LAND USE BY ZONES, YEAR 2010 - TRENDS MODEL ANNUAL OPERATING COSTS, YEAR 2010 - TRENDS MODEL CAPITAL IMPROVEMENT COSTS, UTILITIES AND TRANSPORTATION - TRENDS MODEL SUMMARY OF CAPITAL IMPROVEMENTS COSTS SOUTH OF GREEN LINE - TRENDS MODEL APPLICATION OF METHODOLOGY-BASED ON THE TRENDS MODEL APPLICATION OF METHODOLOGY-BASED ON GROWTH SLOWDOWN The primary objective of the study is to develop a methodology for implementation of urban growth south of the presently designated GREEN LINE if and when urban growth in this area is deemed appropriate. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 9, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, December 9, 1985, at 1:00 P.M. Council Members Present: Nancy A. Creech, Robert E. Fentress ' Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf Councilman Baum had a family emergency. Councilwoman Oberndorf and Councilman Robert Jones were attending the NATIONAL LEAGUE OF CITIES CONFERENCE. - 2 - ITEM # 24633 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal mattters within the jurisdiction of the public body. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council voted to proceed into EXECUTIVE SESSION. Voting: 7-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones and Vice Mayor Reba S. McClanan Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf - 4 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL December 9, 1985 2:12 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, December 9, 1985, at 2:12 P.M. Council Members Present: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf INVOCATION: Reverend Jerry Holcomb Kings Grant Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 5 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 24634 The City Clerk referenced an Ordinance to Amend and Reordain Article II, Division 2, of the Code of the City of Virginia Beach, Virginia, By ADDING Section 2-109 (d) pertaining to Administration of the Basic Pay Plan. (See Item II-L.3 of the CONSENT AGENDA). This item was included in City Council's Agenda package but not listed on the AGENDA. An Ordinarice, upon FIRST READING, to appropriate $117,703 from the General Fund to the School Board was also enclosed in Council's AGENDA but inadvertently omitted from the Agenda List. (See Item II-L.4 of the CONSENT AGENDA). The City Clerk advised of an ADD-ON: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Atlantic Avenue and 6th Street to Fountainhead of Virginia Beach, Inc., T/A Ramada Inn. A copy of this Ordinance was forwarded to Council Thursday, but not included in their AGENDA. De - 6 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ANNOUNCEMENT ITEM # 24635 The Mayor ANNOUNCED the City Manager was attending the NATIONAL LEAGUE OF CITIES CONFER.ENCE. The Deputy City Manager Aubrey Watts is in attendance for the City Manager at the Council Meeting. Item II-E.2 CEL SITE ITEM # 24636 Councilman Jennings referenced the possible sale of the CENTER FOR EFFECTIVE LEARNING site and again requested information concerning same. Item II-E.3 PLANNING ITEMS ITEM # 24637 Councilwoman Creech referenced the Application of VIRGINIA B. WEST for a Variance to Section 4.4(b) of the Subdivision Ordinance (See Item II-J.3 of the PLANNING AGENDA). Councilwoman Creech advised she resides in the same neighborhood as the applicant. Councilwoman Creech also referenced the Applications of R. G. MOORE BUILDING CORPORATION for Changes of Zoning (See Ite II-J. 12 of the PLANNING AGENDA). Councilwoman Creech advised she will ABSTAIN on this item. Councilwoman Creech also advised she will ABSTAIN on the Application of HAROLD W. JAMES for a Change of Zoning (See Item II-J.15) of the PLANNING AGENDA). Deember 9, 1985 7 Item II-F.1 MINUTES ITEM 24638 Upon motion by Councilaman Fentress, seconded by Councilwoman Henley, City Council APPROVED the Minutes of December 2, 1985, as CORRECTED: ITEM # 24611 - PAGE 10 ORDINANCE UPON APPLICATION OF NAVPHIBASE FEDERAL CREDIT UNION FOR A CHANGE OF ZONING DISTRICT CLASSFICATION FROM R-4 TO 0-1 Z012851036 Condition 4 is corrected to read: Construction will begin in two years and completed within three years. If the property is not so developed within three years, then no use not permitted in the R-4 Residential District s a@ll be allowed on the property. Voting: 7-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S- Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf December 9 1985 8 Item II-G.1 PUBLIC HEARING ITEM # 24639 The Mayor DECLARM a PUBLIC HEARING: EMERGENCY SAND GRADING PERMITS Jack W. Siebert, President of the SANDBRIDGE BEACH OCEAN FRONT PROPERTY OWNERS ASSOCIATION, spoke concerning this issue. Letter dated December 4, 1985, from the SANDBRIDGE BEACH RESTORATION ASSOCIATION, the SANDBRIDGE BEACH OCEAN FRONT PROPERTY OWNERS ASSOCIATION, and THE SANDBRIDGE BEACH CIVIC LEAGUE is hereby made a part of the record. There being no further speakers, the Mayor CLOSED the PUBLIC HEARING 9 Item II-H.1 PLANNING - REQUEST FOR WAIVER ITEM 24640 Attorney J. B. Lonergan represented the applicant and advised the applicant had met with the adjoining property owners and addressed their concerns relative the modifications of the 100-foot buffer. Ansell Yoder, also repre8ented the applicant. The City Attorney examined the AGREEMENT between CHC ASSOCIATES and the adjacent residential property owners to the west. This AGREEMENT is not in ACCEPTABLE AND RECORDABLE FORM. The City of Virginia Beach is not named as a participant in the Agreement. Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council DEFERRED until the City Council Meeting of January 6, 1985, the request for a WAILVER of a Condition imposed upon the application of VIRGINIA BEACH FEDEPAL SAVINGS & LOAN ASSOCIATION for a Change of Zoning District Classification from R-5 residential District to 0-1 Office District on a 3.6-acre parcel located on the west side of First Colonial Road north of Wolfsnare Road (Lynnhaven Borough). This Application was APPROVED by Council March 17, 1980. This WAIVER. was DEFERRED to enable the agreement to be prepared in recordable form. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf - 10 - Item II-I. PLANNING - BY CONSENT ITEM # 24641 Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council APPROVED in one MOTION Items II-I.1, II-I.2, II-I.3, and II-I.5 of the PLANNING BY CONSENT AGENDA. Item II-I.4 was voted upon separately. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech,* Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf *Verbal Aye December 9, 1985 Item II-I.1 PLANNING - BY CONSENT ITEM 24642 Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council APPROVED the application of IRA V. JONES for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Ira V. Jones. Parcel is located at 5668 Morris Neck Road. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. Councilwoman Henley stated for the record the reasons which produced the undue hardship of said application. Two houses are built on this one parcel. Those houses were both built before the Comprehensive Zoning Ordinance was ADOPTED. As there are existing houses, there will not be substantial detriment to adjacent property and the character of the neighborhood will not be adversely affected. Councilwoman Henley also believed this was not of a general or recurring nature, as there are few of these houses on two lots in existence. Concilwoman Henley stated further she would not be in favor of creating lots of this nature unless the same circumstances were present. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: john A. Baum, Robert G. Jones and Meyera E. Oberndorf - 12 - Item II-I.2 PLANNING - BY CONSENT ITEM # 24643 Letter from Attorney Donald E. Lee, dated November 25, 1985, referencing this application is hereby made a part of the record Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of VIRGINIA BFACH GRACE BRE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH GRACE BRETHREN FOR A CONDITIONAL USE PERMIT R01285799 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Grace Brethren for a Conditional Use Permit for a church on certain property located on the west side of Salem Road, 400 feet more or less north of Zodiac Lane. Said parcel contains 4.36 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A 50-foot drainage easement is required for an ultimate 200-foot drainage easement for Salem Canal. 2. A dedication of right-of-way along the frontage on Salem Road to match the alignment on file with the Department of Public Works/Surveying and Mapping Division. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech@ Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf STATEMENT OF CONSENT APPLICANT: Virginia Beach Grace Brethren APPLICATION: Conditional Use Permit DESCRIPTION: Church on a 4.36-acre parcel located on the west side of Salem Road, 400 feet, more or less, north of Zodiac Lane (Kempsville Borough) CITY COUNCIL SESSION: December 9, 1985 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMKENDED BY THE VIRGINIA 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 ACCEPTS AND AGREES TO: 1. A 50-foot drainage easement is required for an ultimate 200-foot drainage easement for Salem Canal. 2. A dedication of right-of-way along the frontage on Salem Road to match the alignment on file with the Department of Public Works/Surveying and Mapping Division. Owner By: Owner/Attorney7Age-nt Date: - 13 - Item II-1.3 PLANNING - BY CONSENT ITEM # 24644 Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF COLONIAL BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION (CLASSROOMS AND GYMNASIUM) R01285800 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Colonial Baptist Church for a Conditional Use Permit for a church ssr-oom -7 addition (cla s and gymnasium on property located on the west side of Centerville Turnpike, 970 feet south of Lynnhaven Parkway. Said parcel is located at 2221 Centerville Turnpike and contains 10 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech*, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf December 9 1985 - 14 - Item II.4. PLANNING ITEM # 24645 Michael Marks, Executive Director, Virginia Beach Arts Center Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH ARTS CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH ARTS CENTER FOR A CONDITIONAL USE PERMIT FOR A COMMERICAL PARKING LOT R01285801 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Arts Center for a Conditional Use Permit for a commerical parking lot at the southeast corner of 18th Street and Arctic Avenue. Said parcel is located at 1711 Arctic Avenue and contains 30,000 square feet. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. A 5-foot dedication along the frontage on 18th Street, 45 feet from the centerline of the old 80-foot right-of-way to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. 2. Lease shall be APPROVED by the City Attorney. 3. Conditional Use Permit shall be for a term no longer than that of the lease. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress ' Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf STATEMENT OF CONSENT APPLICANT: Virginia Beach Arts Center APPLICATION: Conditional Use Permit DESCRIPTION: Commercial parki,'Ig lot on a 30,000-square foot parcel situated at the Southeast corner of 18th Street and Arctic Avenue at 1711 Arctic Avenue (Virginia Beach Borough) CITY COUNCIL SESSION: December 9, 1985 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA 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 ACCEPTS AND AGREES TO: 1. A 5-foot dedication along the frontage on 18th Street, 45 feet from the centerline of the old 80-foot right- of-way to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. Owner L) By: Owner/Attorney/Agent Date: - 15 - Item II-I.5 PLANNING - BY CONSENT ITEM # 24646 Upon motion by Councilman Louis Jones, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of DARRELL E. AND JANIE A. NICHOLS for a Change of Zoning: ORDINANCE UPON APPLICATION OF DARRELL E. AND JANIE A. NICHOLS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO AG-2 Z012851037 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Darrell E. and Janie A. Nichols for a Change of Zoning District Classification from R-5 Residential District to AG-2 Agricultural District on property located on the north side of Indian River Road, 1230 feet more or less northwest of Elbow Road. Said parcel is located at 4468 Indian River Road and contains 1.18 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A 5-foot dedication along the frontage on Indian River Road, 25 feet from the centerline of the old 40-foot right-of-way to provide for a standard 50-foot right-of-way. The OWNER or LEGAL REPRESENTATIVE for the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. Councilman McCoy advised said application was a DOWNZONING. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech@ Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf STATEMENT OF CONSENT APPLICANT: Darrell E. and Janie A. Nichols APPLICATION: Change of Zoning DESCRIPTION: From R-5 Residential District to AG-2 Agricultural District on a 1.18-acre parcel situated on the north side of Indian River Road, 1,230 feet, more or less, northwest of Elbow Road at 4468 Indian River Road (Kempsville Borough) CITY COUNCIL SESSION: December 9, 1985 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA 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 ACCEPTS AND AGREES TO: Prior to the changing of the official zoning maps, the following requirement will be met: 1. A 5-foot dedication along the frontage on Indian River Road, 25 feet from the centerline of the old 40-foot right-of-way to provide for a standard 50-foot right-of-way. Owiier By: Owner/Attorney Aget Date: - 16 - Item II-J.1 PLANNING ITEM # 24647 Ben Simon, of Palms Associates, represented the applicant. Letter from PIZZA HUT dated December 5, 1985, concerning this application is hereby made a part of the record. Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council APPROVED AN EXTENSION FOR COMPLIMCE of 120 days until the City Council Meeting of April 7, 1985, upon an Ordinance closing, vacating and discontinuing a portion of Sandra Lane in the petition of S &C COMPANY. This will be the FINAL EXTENSION GRANTED. Application of S and C, a Virginia General Partnership, for the discontinuance, closure and abandonment of a portion of Sandra Lane beginning at the southern boundary of Indian River Road and running in a southerly direction a distance of 265 feet to the nrothern boundary of Mineola Drive. Said parcel is 50 feet in width and contains 13,250 square feet. KEMPSVILLE BOROUGH. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf - 17 - Item II-J.2 PLANNING ITGEM # 24647 Richard Browner represented the applicant and requested DEFERRAL for preparation of the PROFFER Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council DEFERRED until the City Council Meeting of January 6, 1985, Application of HARRY S. AND JEAN W. ROGERS for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Dicisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Harry S. and Jean W. Rogers. Property is located at 5613 Normandy Avenue. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 7-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, and Vice Mayor Reba S. McClanan Council Members Voting Nay: None Council Members Abstaining: J. Henry McCoy, Jr., D.D.S. Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf - 18 - Item II-J.3 PLANNING ITEM # 24648 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED the Application of VIRGINIA B. WEST for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of the Administative Officers in regard to certain elements of the Subdivision Ordinance, Sbudivision for Virginia B. West. Parcel is located at 328 Chesopeian Trail. Plats with more detailed information are available in the Department of Planning. LYNNAHVEN BOROUGH. The following conditions shall be required: 1. only one (1) new lot is to be created. 2. The driveway for the new lot is to be located on the iteeth-aide e4-t-he-peeperty, south side of the entrance into the rear lot. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf *Councilwoman Creech DISCLOSED she resided in the same neighborhood as said applicantion December 9 1985 - 19 - Item II-J.4 PLANNING ITEM # 24649 Harold Beaver, represented the applicant and requested WITHDRAWAL OPPOSITION: Attorney Glenn Croshaw represented adjacent property owners and submitted to the Planning Commission a petition containing 120 signatures. Upon motion by Councilman Jennings, seconded by Councilwoman Henley, City Council DENIED an Application of VICTORIA L. BREHM for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, Sbudivision for Victoria L. Brehm. Parcel is located at the southern terminus of Prince Phillip Drive. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf - 20 - Item II-J.5 PLANNING ITEM # 24650 Don Dahlman, one of the principals, represented the applicant Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of D & P ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF D & P ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A HOME FOR ADULTS R01285801 A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of D & P Associates for a Conditional Use Permit for a home for adults on certain property located on the west side of Edwin Drive, 150 feet south of Expressway Drive. Said aprcel contains 1.475 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH The following condition shall be required: 1. Occupancy shall be limited to 48 residents. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: john A. Baum, Robert G. Jones and Meyera E. Oberndorf - 21 - Item II-J.6 PLANNING ITEM # 24651 Edward J. Spruill, the applicant, represented himself Ann Joyce, adjacent resident, spoke in OPPOSITION Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of ELEANOR E. WITRAM for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ELEANOR E. WITHAM FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE BODY REPAIR SHOP R01285802 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Elenor E. Witham for a Conditional Use Permit for an automobile body repair shop on certain property located on the east side of First Colonial Road, 400 feet more or less south of Virginia Beach Boulevard. Said parcel is located at 227 First Colonial Road and contains 31,798 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Approval is for a period of one (1) year. 2. Outside storage of vehicles shall be limited to a maximum of .f4-f-t,ee-R-44@-twenty-five (25) stared--=t-s-i@. all vehicles shall be stored inside the fenced area away from public view; no parts or engines are to be stored outside the fenced area. 3. An eight (8) foot privacy fence is to be constructed and maintained along the rear of the property, along side of the property, and along the property line facing the road to form a complete enclosure with the building. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eight-five. Voting: 6-0 Council Members Voting Aye: Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones and Vice Mayor Reba S. McClanan Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf - 22 - Item II-J. 7 PLANNING ITEM # 24652 Attorney Gordon Tayloe represented the applicant and presented letters from the Department of Health and Department of Social Services in support of said application. (Said letters are hereby made a part of the record). LCDR Petrie spoke in OPPOSITION and referencxed area was in the ALCUZ area Upon miton by Councilman Jennings, seconded by Councilman Fentress, City Council DENIED an Ordinance upon application of PAUL G. AND N. JEAN DAVIDSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PAUL G. AND N. JEAN DAVIDSON FOR ACONDITIONAL USE PERMIT Ordinance upon application of Paul G. and N. Jean Davidson for a Conditional Use Permit for a home for the aged on Lot 8, Sites A and B, North Bellwood Park. Said parcels are located at 1283 and 1285 Credle Road and contain 15,000 square feet. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf December 9, 1985 - 23 - Item II-J.8 PLANNING ITEM # 24653 Robert Graham represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of TWIN B AUTO PARTS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TWIN B AUTO PARTS, INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE PARTS SALES R01285803 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Twin B Auto Parts, Inc. for a Conditional Use Permit for automobile parts sales on Lot 17 and 19, Block 29, Virignia Beach Development. Said parcel is located at 1701 Baltic Avneue and contains 13,500 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of tbe City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf - 24 - Item II-J.9 PLANNING ITEM # 24654 John Mitchell, the applicant, represented himself Memorandum dated December 6, 1985, from the City Attorney's Office was referenced concerning agreement required with said application. Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an ordinance upon application of JOHN D. AND DIANE MITCHELL, SR. AND N. P. SIMPSON, III for a Change of Zoning: ORDINANCE UPON APPLICATION OF JOHN D. AND DIANE MITCHELL, SR. , AND N. P. SIMPSON, III FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-4 Z012851038 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of John D. & Diane Mitchell, Sr. and N.P.Simpson, III, for a Change of Zoning District Classification from A-1 Apartment District to - Resort-Commercial District on Lot 17, Block 23, Virginia Beach Develoment Company. Said parcel is located at 317 16th Street and contain5 7,000 square feet. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. This parcel is to be used for lodging units only and parking shall be in conjunction with the lodging units. 2. Agreement shall be executed and recorded with the Clerk of the Circuit Court encompassir tne above condition. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Item II-J.10 - 25 - PLANNING ITEM # 24655 Attorney Grover Wright represented the applicant The following also spoke in favor of the application: Ronald Gwaltney Robert W. McKean William Stevens Opposition: Michael A. LaGiglia, Jr., represented the Old Beach Civic League Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of COASTAL MARKETING GRoup, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF COASTAL MAELKETING GROUP, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO A-4 Z012851039 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Coastal Marketing Group, Inc., for a Change of Zoning District Classification from R-7 Residential District to A-4 Apartment District on Lots 12-32 and 10 f,et of Lot 10, Block 58, Virginia Beach Development Company. Parcels are located at 506-530 24th Street and contain 1.0445 acres. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. Limited to single-family units only for rent by Coastal Marketing Group, Inc. 2. Height shall be restricted to no more than 45 feet. 3. Parking shall be on-site. 4. Resubdivision of the property and vacation of existing lot lines to avoid the creation of nonconforming lots. 5. Agreement shall be executed and recorded with the Clerk f the Circuit Court. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 6-2 Council Members Voting Aye: Nancy A. Creech, Robert E. Pentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Vice Mayor Reba S. McClanan Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf - 26 - Item II-J.11 PLANNING ITEM # 24656 Dr. George Wong, President of the Chinese Community, represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance upon application of THE CHINESE CO@ITY CULTURAL CLUB, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF THE CHINESE COMMUNITY CULTURAL CLUB, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-1 Z012851040 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VlRGINIA Ordinance upon appliciation of Chinese Community Cultural Club., Inc., a Virginia Corporation, for a Change of Zoning District Classification from R-6- Residential District to B-1 Business Residential District on certain property located on the east side of Newtown Road beginning at a point 1600 feet more or less north of Baker Road. Said parcel is located at 724 Newtown Road and contains 10,890 square feet more or less. BAYSIDE BOROUGH. The following conditions shall be required: 1. This Change of Zoning shall be applicable to this parcel only for a Chinese Cultural Club. 2. Agreement shall be recorded with the Clerk of the Circuit Court encompassing the above condition. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf December 9 1985 2 7 Item II-J.12 PLANNING ITEM # 24657 Attorney Grover Wright represented the applicant Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council ADOPTED Ordinances upon application of R. G. MOORE BUILDING CORPORATION for Changes of Zoning: ORDINANCES UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-H2 TO B--2 B-1 (AS MODIFIED) Z012851041 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from PD-H2 Planned Unit Development District to B 2 B-1 (As Modified) Community-Business District on certain property located at the southwest corner of Independence Boulevard and Round Hill Drive. Said parcel contain 6.8 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Prior to the changing of the official zoning maps, the following requirements shall be met: 1. A dedication of 90-feet of right-of-way along with controlled access and scenic easements on the frontage along South Independence Boulevard in accordance with the Master Street and Highway Plan. 2. Dedication of 66 feet of right-of-way along the frontage on Round Hill Drive in accordance with the Master Street and Highway Plan. 3. Modification of the land use to reflect all previously required conditions. A N D, ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-H2 TO P-1 Z012851042 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. G. Moore for a Change of Zoning District Classification from PD-H2 Planned Unit Development District to P-1 Preservation District on certain property located on the north and south sides of Independence Boulevard (Proposed), west of Salem Road as shown on the Land Use Plan of Glenwood on file in the Department of Planning. Parcels contain 165 acres more or less. KEMPSVILLE BOROUGH. D - 28 - Item II-J.12 PLANNING ITEM # 24657 (Continued) Prior to the changing of the official zoning maps, the following requirements shall be met: 1. Dedication of right-of-way 90 feet in width with a scenic easement for the proposed extension of South Independence Boulevard. 2. Dedication of right-of-way along the frontage on Salem Road in accordance with the Master Street and Highway Plan and with the alignment on file in the City Engirieer's Office. 3. Dedication of a 200-foot drainage easement along the Salem Canal. 4. Dedication of right-of-way 66 feet in width for the proposed Round Hill Drive as shown on the Master Street and Highway Plan. These Ordinances shall be effective upon the date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 7-0 Council Members Voting Aye: Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Robert G. Jones and Meyera E. Oberndorf December 9, 1985 - 29 - Item II-J.13 PLANNING ITEM # 24658 Fred B. Cooke, the applicant, represented himself Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council ADOPTED an Ordinance upon appication of FRED B. COOKE, SR. AND ALMA R. COOKE for a Change of Zoning: ORDINANCE UPON APPLICATION OF FRED B. COOKE, SR., AND ALMA R. COOKE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Z012851043 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Fred B. Cooke, Sr., and Alma R. Cooke for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District at the southeast corner of Virginia Beach Boulevard and North Fir Avenue. Said parcel is located at 220 North Fir Avenue and contains 10,440 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 7-0 Council Members Voting Aye: Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Nancy A. Creech, Robert G. Jones and Meyera E. Oberndorf - 30 - Item II-J.14 PLANNING ITEM # 24659 The following spoke in favor of the application: Attorney Grover Wright represented the applicant Robert B. Stanton Gene Walters, owner of FARM FRESH SUPERMARKETS Opposition: D. R. Winiker, represented the Larkspur Civic League B. P. Silverberg represented the Kempsville Gardens, but did not speak Ray S. Birdsong represented himself Mrs. Dorothy Wells represented the Kempsville Manor Civic League Rae H. LeSesne represented himself Marilyn Summerford represented the Shannon Section Letter from Councilwoman Meyera Oberndorf requesting support in DENYING this Change of Zoning application is hereby made a part of the record. Upon motion by Councilman McCoy, seconded by Councilman Fentress, City Council ADOPTED Ordinances upon application of ROBER.T M. STANTON for Changes of Zoning: ORDINANCE UPON APPLICATION OF ROBERT M. STANTON FOR CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO B-2 Z012851044 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert M. Stanton for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-Business District on the following parcels: Parcel 1: Located on the south side of Baxter Road beginning at a point 125 feet east of Princess Anne Road. Parcel 2: Located on the east side of Princess Anne Road beginning at a point 200 feet more or less south of Baxter Road. Said parcels contain 5.419 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The access to this parcel shall be as shown on the architectural rendering on file in the Department of Planning. 2. No median cut shall be permitted on Princess Anne Road. 3. A buffer shall be provided behind the Shopping Center 4. A left turn lane on Baxter Road for southbound traffic shall be provided. Prior to the changing of the official zoning maps, the following requirements shall be met: 1. A 20-foot dedication of right-of-way along the frontage on Baxter Road, 45 feet from the centerline of the old 30-foot right-of-way to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. 2. A dedication of 4 feet of right-of-way along the frontage on Princess Anne Road in accordance with the Virginia Beach Bikeway Plan. - 31 - Item II-J.14 PLANNING ITEM # 24@659 (Continued) A N D, ORDINANCE UPON APPLICATION OF ROBERT M. STANTON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO B-2 Z012851045 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert M. Stanton for a Change of Zoning District Classification from 0-1 Office District to B-2 Community-Business District on certain property located at the southeast corner of Baxter Road and Princess Anne Road. Said parcel contains 1.767 acres. Plats with more detailed information area available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The access to this parcel shall be as shown on the architectural rendering on file in the Department of Planning. 2. No media cut will be permitted on Princess Anne Road. 3. A buffer shall be provided behind the Shopping Center. 4. A left turn lane on Baxter Road for southbound traffic shall be provided. Prior to the changing of the official zoning maps, the following requirements shall be met: A dedication of 4 feet or right-of-way along the frontage on Princess Anne in accordance with the Virginia Beach Bikeway Plan. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five. Voting: 6-2 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Vice Mayor Reba S. McClanan Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf - 32 - Item II-J.15 ITEM # 24'060 Attorney Grover Wright represented the applicant Robert R. Latta, Associate Broker - Professional Realty Corporation, also spoke in favor of the application LCDR Petrie, spoke in OPPOSITION and referenced the property lies in the AICUZ-B and Noise Zone 3. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of HNOLD W. JABES for a Change of Zoning: ORDINANCE UPON APPLICATION OF HAROLD W. JAMES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Z012851046 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Harold W. James for a Change of Zoning District Classification from A-T Apartment district to A-2 Apartment district on certain proeprty located on the south side Of Old Virginia Beach Boulevard, 1050 feet more or less west of North Birdneck Road. Said parcel contains 8 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The units shall not exceed 123. 2. Noise disclosure shall be made in all contracts. 3. High accident potential (AICUZ-B) disclosure shall be made in all contracts. Prior to tbe changing of the official zoning maps, the following requirement shall be met: Dedications for an ultimate 60-foot right-of-way in accordance with the previous dedications to the east of this property. Standard right-of-way improvements, including pavement widening, shall be required. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of December, Nineteen Hundred and Eighty-five, December 9, 1985 - 33 - Item II-J.15 PLANNING ITEM # 24660 (Continued) Voting: 6-1 Council Members Voting Aye: Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley Council Members Abstaining: Nancy A. Creech Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf - 34 - ITEM II-K-la RESOLUTIONS ITEM # 24661 Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council ADOPTED: Resolution approving the issuance of Multi-Family Residential Rental Revenue Bonds for: Bridgepointe Associates, L. P. $7,520,000 Voting: 6-2 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Vice Mayor Reba S. McClanan Council Members Absent: John A. Baum, Robert R. Jones and Meyera Oberndorf SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND 1. PROJECT NAME: BRIDGEPOINTE ASSOCIATES, L.P. FACILITY 2. LOCATION: East side of South Lynnhaven Road opposite the intersection of South Lynnhaven Road and Lee Highlands Boulevard, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 188 unit apartment complex 4. AMOUNT OF BOND ISSUE: $7,520,000 5. PRINCIPALS: James R. Morrow Vincent J. Mastracco, Jr. Thomas C. Broyles 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: A-2 b. Is rezoning proposed? No C. If so, to what zoning classification? FISCAL IMPACT STATEMENT FOR PROPOSED MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND FINANCING DATE: October 10, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Bridgepointe Associates, L.P. Facility TYPE OF FACILITY: Apartment Complex 1. Maximum amount of financing sought $7,520,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $7,520,000 3. Estimated redl property tax per year using present tax rates $ 60,160 4. Estimated personal property tax per year using present tax rates $ 600 5. Estimated merchants' capital (business license) tax per year using present tax rates N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 564,000 7. Estimated number of regular employees on year round basis 12 8. Average annual salary per employee $ 15,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman (ICEANA WTT NAVAL GREE FIR@ IA GREEN RU N' I FA 10 12 I.T .0.@E @@ST NAME OF PROJECT: Bridgepointe Associates, L.P. ADDRESS OF PROJECT: S. Lynnhaven Road Virginia Beach, VA TYPE OF PROJECT: 188 Apartment Complex RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY RESIDENTIAL RENTAL REVENUE BONDS FOR BRIDGEPOINTE ASSOCIATES, L.P. WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of Bridge- pointe Associates, L.P., a Virginia limited partnership (the Company) whose address is 2240 Great Neck Road, Virginia Beach, Virginia 23451, for the issuance of the Authority's multifamily residential rental revenue bonds in an amount not to exceed $7,520,000 (the Bonds) to assist in financing of the Company's acquisition of approximately 10.3 acres of land fronting approximately 900 feet on the east side of South Lynnhaven Road opposite the intersection of South Lynnhaven Road and Lee Highlands Boulevard in Virqinia Beach, Virginia, and construction thereon, and equipping, of a multifamily residential rental project containing approximately 188 units (the Facility) and to be owned or managed by the Company and has held a public hearing thereon on December 2, 1985; and WHEREAS, pursuant to Section 11.1 of Chapter 643 of the Virginia Acts of Assembly of 1964, as amended, the Authority has determined that (i) there is a significant shortage of affordable sanitary and safe residential rental property in the City for individuals and families of low and moderate income and (ii) provision of financing of the Facility meeting the requirements of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code), by the Authority will be in the public inter- est and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virginia Code); and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be aqreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact state- ment required by Section 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of the Compa- ny, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. In approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on December 9, 1985 19 85 . 2 - 35 - ITEM II-K-lb RESOLUTIONS ITEM # 24662 Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council ADOPTED: Resolution approving the issuance of Multi-Family Residential Rental Revenue Bonds for: R & J Associates One $2,765,000 Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert R. Jones and Meyera Oberndorf SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND 1. PROJECT NAME: R & J ASSOCIATES ONE FACILITY 2. LOCATION: North side of Dam Neck Road opposite the intersection of Dam Neck Road and Gallery Avenue, Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: 79 unit apartment complex on approximately 11.69 acres of land 4. AMOUNT OF BOND ISSUE: $2,765,000 5. PRINCIPALS: Michael Rashkind Julian Rashkind JR Investment Associates 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property: PDH-1 b. Is rezoning proposed? No C. If so, to what zoning classification? N/A FISCAL IMPACT STATEMENT FOR PROPOSED MULTIFAMILY RESIDENTIAL RENTAL REVENUE BOND FINANCING DATE: November 8, 1985 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: R & J Associates One Facility TYPE OF FACILITY: Apartment Complex 1. Maximum amount of financing sought $2,765,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $3,065,000 3. Estimated real property tax per year using present tax rates $ 24,520 4. Estimated personal property tax per year using present tax rates $ 5,214 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 4,424 6. Estimated dollar value per year of qoods and services that will be purchased locally $ 127,980 7. Estimated number of regular employees on year round basis 3 8. Average annual salary per employee $ 10,667 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investiqation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman @,130.0.0 11 16'MM- Joins Map 14 ...... IT c G H K r 22 2 TATION CA 3 k N ANIPHIBIO 2 ECI G.t. RTH B SE 4 T,. 5 Vi,gi.. B,.:l NS Litti. 'L..g ER@ Fl..t C P.,k T, ..... . . R,d.i@g L. 6 ALNU I 'NG LAKE T- D Iis 8 //DAM L Z7 C. Fi@ @t C..b I 0 10 NA14E OF PROJECT: R & J ASSOCIATES ONE ADDRESS OF PROJECT: North side of Dam Neck Road opposite the intersection of Dam Neck Road and Gallery Avenue, Virginia Beach, Virginia TYPE OF PROJECT: 79 unit apartment comdlex on approximately 11.69 acres of land RESOLUTION APPROVING THE ISSUANCE OF MULTIFAMILY RESIDENTIAL RENTAL REVENUE BONDS FOR R & J ASSOCIATES ONE WHEREAS, the City of Virginia Beach Development Authori- ty (the Authority), has considered the application of R & i Associates One, a Virginia limited partnership, whose address is 2701 Avenger Drive, Virginia Beach, Virginia 23452, for the issuance of the Authority's multifamily residential rental revenue bonds in an amount not to exceed $2,765,000 (the Bonds) to assist in financing of the acquisition by R & J Associates One, or any entity in which Julian Rashkind or Michael Rashkind is a principal (the Company) of approxi- mately 11.69 acres of land fronting approximately 867 feet on the north side of Dam Neck Road opposite the intersection of Dam Neck Road and Gallery Avenue in Virginia Beach, Virginia (Being Parcel E, Subdivision of Dam Neck Estate, M.B. 188, p. 34), and construction thereon, and equipping, of a multi- family residential rental project containing approximately 79 units (the Facility) and to be owned or managed by the Company and has held a public hearing thereon on December 2, 1985; and WHEREAS, pursuant to Section 11.1 of Chapter 643 of the Virginia Acts of Assembly of 1964, as amended, the Authority has determined that (i) there is a significant shortage of affordable sanitary and safe residential rental property in the City for individuals and families of low and moderate income and (ii) provision of financing of the Facility meeting the requirements of Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code), by the Authority will be in the public inter- est and will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with (i) Section 103(k) of the Internal Revenue Code of 1954, as amended (the Internal Revenue Code) and (ii) Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the Virqinia Code); and WHEREAS, a copy of the Authority's resolution approvinq the issuance of the Bonds, subject to terms to be aqreed upon, a reasonably detailed summary of the comments expressed at the public hearing, if any, and the fiscal impact state- ment required by Section 15.1-1378.2 of the Virginia Code have been filed with the Council of the City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City approves the foregoing recitals which are incorporated in, and deemed a part of, this Resolution as if fully set forth herein. 2. The Council of the City approves the issuance of the Bonds by the Authority, for the benefit of the Compa- ny, to the extent of and as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by Section 103(k) of the Internal Revenue Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643 of the 1964 Acts of the General Assembly of Virginia, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 4. In approving this Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable, and hereby disclaims all liability for, any damages to any person, direct or consequential, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development bond volume to the Facility if the issuance of tax-exempt multifamily housing bonds by the Authority is restricted by any State or Federal statute now or hereafter enacted. 5. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on December 9 1985. 2 - 3,6 - ITEM II-K-2 RESOLUTIONS ITEM # 24663 Upon motion by Counci-Iman Fentress, seconded by Counci-Iman Jennings, City Council ADOPTED: Resolution Affirming the Action of the City Manager in Declaring an Emergency and Issuing Sand Grading Permits to Certain Properties at Sandbridge Beach. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert R. Jones and Meyera Oberndorf A' RESOLUTION AFFIRMING THE ACTION OF THE CITY MANAGER IN DECLARING AN EMERGENCY AND ISSUING SAND GRADING PERMITS TO CERTAIN PROPERTIES AT SANDBRIDGE BEACH. WHEREAS, pursuant to sections 1411 and 1611 of the Comprehensive Zoning Ordinance regarding the coastal primary sand dune zoning ordinance and the wetlands zoning ordinance, the city manager may declare an emergency and issue emergency sand grading permits without advance notice and hearing; and WHEREAS, upon request, the city manager shall hold a hearing to affirm such emergency permits. WHEREAS, in the latter part of September, 1985, Hurricane Gloria approached the coast of the City of Virginia Beach. Based upon the representations of certain oceanfront property owners concerning the condition of the beach at Sandbridge due to erosion caused by said hurricane, the city manager determined that there was an emergency and thereafter issued emergency sand grading permits to specific lots at Sandbridge Beach subject to certain conditions; and WHEREAS, a resident of Sandbridge has requested a public hearing concerning this matter. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to sections 1411 and 1611 of the Code of the City of Virginia Beach, as amended, Council doth hereby affirm the action of the City Manager in declaring an emergency and issuing emergency sand grading permits to the properties referenced on the attached lists. This Resolution shall take effect immediately and be effective on the date of adoption. Adopted by the City Council of the City of Virginia Beach, Virginia on this 9thday of December 1985. DSH/rab 10/29/85 (RES. 5) 37 - Item II-K.3 RESOLUTIONS ITEM 24664 Attorney Glenn Croshaw represented Creative Displays and referenced Sections 216, 237, 911C, and Article 10, Section IOOC, and requested these be included in the Package to Planning rather than just the Definitions included in the Agenda. Letter from Bartow H. Bridges, Jr., Architect, Member of the Billboard Study Commission, is hereby made a part of the proceedings. Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City Council ADOPTED: Resolution of the City Council of the City of Virginia Beach, Virginia, noting the Recommendation of the Mayor's Billboard Gomittee and Authorizing that Recommendation to go before the Planning Commission for such action as the Planning Commission deems appropriate on these Definitions AND other recommendations of the Mayor's Committee. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I OP THE COMPREHENSIVE ZONING ORDINANCE OF THE CODE OF THE CITY OP VIRGINIA BEACH, VIRGINIA, BY ADDING 1,0 SEC'rION Ill A DEFINITION OF BILLBOARD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section Ill of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to billboards, is hereby amended to read as follows: Section Ill. Definitions. Billboards. A sign, as defined in this zoning code, including the supporting sign structure, that carries-a m.essaqe wi-iieli niay advertise or direct the attention of the general public to-an-establishment, business or service and which is located on a s-eparate site from the establishment, business or service which ttie billboard advertises. This definition shall not be itit.erpreted so as to regulate the content of the message on the billb,)ard, unless the content of ttie message is legal-I.y ob,;-Cene- or otherwise legally prohibited. This Ordinance shall become effective on the date of its adoption. Adopted this day of 1985, by ttie City of Virginia Beach, Virginia. KJC/da 10/28/85 10/31/85 (F) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING TO SECTION 111 A DEFINITION OF BILLBOARD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VlRGINIA BEACH, VIRGINIA: That Section 111 of the Comprehensive Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, pertaining to billboards, is hereby ainended to read as follows: Section 111. Definitions. Billboards. A sign, as defined in this zoninq code, iticluding the supporting sign structure, that carries a message which may advertise or direct the attention of the qeneral public to an establishment, business or service and which is located-on a separate site from the establishment, business or service which the billboard advertises. This Ordinance shall become effective on the date of its adoption. Adopted this day of 1985, by the City of Virginia Beach, Virginia. KJC/da 10/28/85 (F) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I OF THE COMPRFHENSIVE ZONING ORDINANCE OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING TO SECTION Ill A DEFINITION OF BILLBOARD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGlNIA BEACH, VIRGINIA: That Section Ill of the Comprehensive Zoning Ordinance of tne Code of the City of Virginia Beach, Virginia, pertainiiiq to billboards, is hereby amended to read as follows: Section 111. Definitions. Billboards. A sign, as defined in this zoning code, iticluding the supporting sign structure, which advertises or directs the attention of the qeneral public to an establishnient,- business or service and which is located on a separate site from tite establishment, business or service which the billboard advertises. This definition shall not be interpreted so as to L-egulate the content of the message on the billboard, unless the ec)ntent of the message i. legall@obscene or otherwise legally prohibited. This Ordinance shall become effective on the date of its adoptioti. Adopted this day of 1985, by the City of Virginia Beach, Virginia. KJC/da 10/17/85 10/28/85 10/31/85 (F) Requested by: The Mayor's Billboard Committee A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NOTING THE RECOMMENDATION OF THE MAYOR'S BILLBOARD COMMITTEE AND AUTHORIZING THAT RECOMMENDATION TO GO BEFORE THE PLANNING COMMISSION FOR SUCH ACTION AS THE PLANNING COMMISSION DEEMS APPROPRIATE WHEREAS, City Council for the City of Virginia Beach has appointed a committee known as the Mayor's Billboard Committee for the purpose of examining the provisions of the Comprehensive Zoning Ordinance dealing with billboards and to make certain recommendations as to how those provisions of the Comprehensive Zoning Ordinance relating to billboards might be amended; and WHEREAS, the Mayor's Billboard Committee has met many times in an attempt to arrive at a recommendation as to how the Comprehensive Zoning ordinance relating to billboards may be amended; and WHEREAS, the Mayor's Billboard Committee has made certain recommendations with respect to how the Comprehensive Zoning Ordinance relating to billboards may be amended; and WHEREAS, it is a condition precedent that all proposed amendments to the Comprehensive Zoning Ordinance must go before the Planning Commission before Council may act upon them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed amendments to the Comprehensive Zoning Ordinance as recommended by the Mayor's Billboard Committee are hereby referred to the Planning Commission for their review and recommendation. Adopted this 9th day of December 1985. Doc@r 10, 1985 Mrs. Ruth B. Smith City of Virqinia Beach Clork,*#,V,w City Council Dear Ruth, Enclosed in a copy of a letter which wAs mailec oarlier to Bob Scott concerning billboards, to be includod with the Bill- Study Comitteals report. rrom talkinq with Mrs. KoClanan, Und*rstand that council members are to be ted with.-Wor- @mation Dec@r 12 on the Billboard Cmait f,@ndings. I r@st lotter be includ Novembei ;2 le@Harold Heischob of-virginia,Beach 23461.(804)422-" er: :at.@yourirequest@,On the@Biii@o erand@haive,-'attended and parti6ipzkti Y@, -.I"Submit the@following@report based 4 lings;as-a citizen concerned with communit, ics,'iLnd as a representative of the Virqin'@ ,Beautificatiofi Commission. t reconunend tha a permanent moratorium b6 establ@shed promptly 6rectioh of additional billboards in Virginia Beach. There ilbo4rd structures currently ih,our city with 127.messaqe . @,This is excessive, in my opinion.- Many of the messages are h products as cigarettes - of very questionable value.. :additi6ri,' I recommend that the current- Virgihia Beach city ich.l.understand is $10 per year, per structure,,be inerea6ed 00, or more, per message face, as an incentive-@-for the;removal e viiual blights:and as a means of providing,@revfin Uo Respectfull@. submitted, - 38 - ITEM II-L CONSENT AGENDA ITEM # 24665 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, *Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf *Vice Mayor Reba S. McClanan Registered a VERBAL NAY on Item #2 - 39 - ITEM II-L-1 CONSENT AGENDA ITEM # 2 4666 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance, upon SECOND READING, authorizing the issuance and sale of $24,400,000 General Obligation Bonds. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert R. Jones and Meyera Oberndorf December 9 1985 z 0 0 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 0 AMOUNT OF $24,400,000 WR REAS, the City has retired or will retire indebtedness in an amount of not less than $14,400,000 during 1985, so that the City will be authorized to issue bonds in an amount of at least $24,400,000 during 1985 without submitting the question of their issuance to the qualified voters; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA-. 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach, Virginia, to construct and improve vari- ous public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's general obligation bonds therefor. 2. Pursuant to the authority of the City Charter (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, there are hereby authorized to be issued public improvement bonds of the City of Virginia Beach in the maximum amount of Twenty-Four Million Four Hundred Thousand Dollars ($24,400,000) to provide funds, together with other funds that may be available, for the following purposes; School projects, including planning, site acquisition and improvement, construction and equipping of schools and related facilities $ 9,323,699 2- Engineering and highway projects, including land acquisition, construction, improvement, replace- ment, expansion and extension of streets, bridges, highways, bikeways, beachfront and boardwalk, and beach- front underwater obstruction removal 4,607,574 Drainage projects, including dredging Eastern Branch of Lynnhaven River and expansion of Canal #2, and studies, design, construction and installation of drainage systems, culverts, pump station outfall and related facilities 2,390,799 Building projects, including construc- tion, equipping and furnishing Central Library, enlargement of Bureau of Animal Control facility and landfill expansion 5,932,641 Parks and recreation projects, in- cluding planning, land acquisition and improvement, construction, en- largement and development of new parks, bikeways, community centers and golf course 2,145,287 TOTAL $24,400,000 Any amount not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate per- mitted by law at the time the bonds are sold, be in such denomina- tions and form, be executed in such manner and be sold at such time or times and in such manner, including the sale of the same as one or more separate issues or in combination with the sale of general obligatic;n bonds heretofore or hereafter authorized for similar or other purposes, as the Council shall hereafter provide by appropriate resolution or resolutions. 3- 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. This ordinance shall take effect immediately. Approved this 9 day of December, 1985. Mayor FIRST READING: December 2, 1985 SECOND READING: December 9, 1985 - 40 - ITEM II-L-2 CONSENT AGENDA ITEM # 24667 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Resolution supporting Legislative designation by the General Assembly for Tax Exempt Status based on certain criteria. Voting: 7-1 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: *Vice Mayor Reba S. McClanan Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf *Verbal Nay December 9 1985 RESOLUTION WHEREAS, Section 30-19.04 of the Code of Virginia requires organizations seeking tax-exempt status to request a resolution from the local governing body supporting a legislative designation, and %MERF-AS, such Code Section provides questions which the governing body shall pose to the organization and further provides that the local governing body may adopt additional criteria which it deems pertinent prior to the adoption of such resolution, and lk'HEREAS, the City Council of the City of Virginia Beach recognizes the service provided by Section 202 subsidized housing f@r the elderly, and WHEREAS, the City Council desires to assist low income elderly residents of Virginia Beach, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that requests for resolutions supporting a legislative designation for tax exemption shall in addition to the criteria established by the Code of Virginia meet the following criteria: (1) the organization provides subsidized housing for the elderly under Section 202 of the Housing Act of 1959, and (2) at least 90 percent of the residents of the property would qualify for 100 percent real estate tax exemption if they were in their own homes under the City's current real estate tax exemption program. ADOPTED: December 9, 185 - 41 - ITEM II-L-3 CONSENT AGENDA ITEDI # 24668 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance to Amend and Reordain Chapter 2, Article II, Division 2 of the Code of the City of Virginia Beach, Virginia, pertaining to Administration of Basic Pay Plan. AND, Ordinance to Amend and Reordain Article II, Division 2, of the Code of the City of Virginia Beach, Virginia, By ADDING Sect. 2-109 (d) pertaining to AAministration of the Basic Pay Plan. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf - 41a - PAGE I Requested by: City Manager/Director of Personnel AN ORDINANCE To AMEND AND REORDAIN 2, ARTICLE 11, DIVISION 2 OF THE OODE OF THE CITY OF VIRGINIA REACH, VIRGINIA PERTAINING TO ADMINISTRATION OF BASIC PAY PLAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA RUTH HODGES SMITH, CMC 281 CITY HALL BUILDING CITY CLERK MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 16 January 1986 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Please note the attached front page of the recently adopted Basic Pay Plan Ordinance, No. 1568 (Amend and Reordain Chapter 2, Article II, Division 2 of the City Code). "Page 1" is the adopted front page of this Ordinance. "Page 2" is the correct front page which should have been "adopted as revised". Respectfully, Ruth Hodges Smith, CMC City Clerk cc: City Manager City Attorney Director of Personnel bc: City Clerk io. PAGE 2 Requested by: City Manager/Director of P6rsonnel Am ORDINANCE 7D AUFND AND REORI)AIN DIVISION 2 OF ARTICLE 11 OF CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA RELATING ID ADMINIS7'HATION OF BASIC PAY PLAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Division 2 of the Code of the City of Virginia Beach is hereby amended as follows; Seetion 2-101. Definitions. Range. I'he minimum through @&r@r rlaxintufi) salary levels assigned to a class. Section 2-103. Review and amendment of plan; schedule adopted. (b) A clitknge in the pay rarige of a class stiall not affect tlie anniversary date of employees in that clktss-)--except Section 2-104. Original employment. Or iginal employment shall be tlie status of aii employee's initial period of continuous employllient with t ti e c i t y . An i n d i v i d u a I b e g i Fi n i n g emp I o y rii e n t f o r t ti e f i r s t t inle sha I I u s u a I ]y be placed at t h e f i r s t step of the pay range es tabl i shed f or the c I ass I n wh i ch empl oyed Occasionally, however , bas ed on a new emp I oyee I s pr i o r exper i ence and prof i c i ency i n the same or re] ated capaci ty , pl aceniejit may be accel erated up to and i ncl ud i ng the (E) step of the ass i gned range upon recommendation by the employing authority and approval of the director of personnel. The effective date of original eiiip) oyrnent sha II be t he f i "t day of--t-he- I)'robs-t-@o nary-per@d-. u l nd iv i du a I reports f or work f or t tie f i rs t time and shall constitute ttie first dliv pf the i)robationary period, Section 2-105. Reemployment. Reeinployffient stiall be the st8tus of tlie returfling enip I oy e e I s ernp I o yii,e ii t p e r i o d f o I I ow i iig a s epa r a t i oti f r oni c i t y empl o yine ii t o f nio r e t ii a ri t h i r t y ( 3 0 ) co[i s ecu t i v e c a I enda r da y s f r oni t Ii e dii t e o f s epa r ii t i on Tlie e f f ec t i v e da t e o t r e ciiip I pyine ii t q hii I I bt@ t ti c day t tie r t t u r n no enip I oy ye r LUO r t s f 0 r wo r k . A new atiri i v c r s 8 r y d a t e s ti a I I be e f f ec t i ve s i x ( 6 ) mon t ti s f r oin t he f i r s t day of the phy period following the return to service. Sucti anniversary date shhll be the basis for computatiort of all nierit increases and ottier s4@ltiry fidjustnients. A returnjjii,, enjl)loyee wlio is ree:iiployed stiall ustih]ly be placed tit ttie (A) stc-p of tile position's approved pily raiige. occasiuntilly, huwever, base(i oti tlie returniiig eiiiployce's prior proficiency alid experi,,iiee in tlie sbii)e or rc,]Eited ctipiicity, an tiecelertitiori of u[) to Nil iliclild i rig t Ii c ( l" s t e j) o f t Ii e a s s i g n e Li r ii ii g (- iii a y b (! ii, a d e u 1) on r e c ojiiiii c ii (i ii t i u ii b y t It e c ii@ 1) I o y i ii g ti u t tio r i I y ii rid u 1- l@ r o v ii I o f t Ii e d i r c c t o r o f 1. c, r s o ii ri e I Al I t iiiie eijrried i ri prev ivus eitil,loy,ilelit shH I I jiot t) c. c (.) ii ii t e (I tuwbrds t Ii e 1, r u t) a t i o n ii r y 1) t- r i u d , a 11 11 u a I I e a v e s e r v i c e (i w a r d s , o r o t Ii e r I o n g e v i t y - b ii s e d (@ ill 1, I c, y ii, e ii t conditions or benefits. ft a t Ii e r , o it I y t h ii t t i iiie c a r 11 e d f 0 1 1 0 w i n g actual reeiiiployinent stiall be counted. Section 2-107. Co n v e r a i o n f r om t ei0po r a r y s t a t u s t o pe rMR 0 e Fo t status. Coiiversioii slikill be ttie chtinge, upon the request of ttle e m p I o y i ii g a u t h o r i t y , f r oni t e rii p o r fi r y 1) r sl'fi'iolilj I @ t 11 t u b t 0 Probt,tiofial o r per iii a ii c, ii t s t b t u s Ul) oil sue ti c o it v c r s i u ii , directur of personitel s it ti I I c red i t t owa r d s p i, uL)a t i ort , a 11 ii ii it I I e a v e , s c r v i c e awa r d s Ei ii d @e r i 4- - i ti@p (,, s i c k- I e u v. e , i. I I p r i () r time worke@i in - ' , tenll)orary @)r ful 1-tiine st@tsoijul sti@tlls to t ti o s eeniployces c o ii v e r t e d t o f u I I - t i rne [, r o b ii t i 0 ii a I 0 r p e r ni a ti e r, tstatus s u b i L: c t t o the provisiolis 0 fs ,;ec t i on 2 - I 0 6 E7of@rsi@-n @atti@-wi 1-1 -@--awtird@ @nt@r@ - &@eel@t tiiy@e--se@vi @ 40 p i ivg- t h*-r r I,c-lnpori,i-y- enq),@oymr(rrit . il,iip I o yee s (c,\eludiriL c u I @ z u r @ eiiip I (,V(@e s ) c f r oin f u I I - I i me t e ip L) p r b r y o r !i s t a t u s tu f LiLi prohiitionul or Uei,mdiient @tntijq I I Dri(ir tiLLe workej in a f u I I - t iii e teinl)urtiry or f u I I - t iiiie s c ii s o iiti I s Iti t u s toward,; ii v ii r i db I c, nit r i t Way inereas,- oii t Ii e e f f c coinversic,n . Co n v e r .i i p ii s t Ei t u s s Ii ii I I n I v t o I I-c, s e efiip I o v e e !i wl, o ti Li v e r c i t H 1) I c, s e r v t tic i r t ei[il)o r n r y efiii) I o @iiieii t . I-'iii 12 1 o y c e s c o ii v c! r t e d f L" p ti r t - t i ill c La pa r t - t i iiies ii s c)ii u I s t Li t Li t C) [) u r t - t i ii@e p r o 1) a t i c) iUl o r@@ t i itic n e r iiiii ii c ii t t ii t u s s It u I I f, towLirds L) r o t) ii t i o ii e 0 IL t tic e f (-011 v e r s I Oil . 0 y ecs c uiiv e r t (@d f r uiii f u I I - t frie s t ii t us t r)n r t - t i tue t ii t us o rf r oin pi@ r t - t i iiie s t a t u s tc) t ul i - t i me s t Li t.us r, A I I ltave @i or t i iiie workpd creditt:(] towards probation and i)nnulil I elive the effective date of conversion, Section 2-109. Changes in pay generally. ( a ) Administrative Increase. An a (Irn i ii i s t r a t i v e ti 0 11 (,, o r t w,, ( 2 ) r e@ P " Y s t u P c r c-iiik inerellse shall be increl,Se c I a s 5tli&t is awiirded to an einployeu (jisp1ii@ilig pay range Of 8 t exceedb exceptiOnallY outstaiiding meritoriuus s e r v i c e t 11 " sttindards. I.*,,,ployces may be recl)iiui,e tij ed establistied perforrilblice for an tidii)iiiistrektive iricrease ui)oil subriiission of ti I e t t L- r o f justificati(Ill LY the r(-@sp(@(!tive dc,[)brtnieiit hefd to ti,t- of persoiiii(,] sul)ject t L) tile api)rovill (,f ti,e ei ty Aii a d ni i ii i s t " " t v (' i ii (- r (I u (. s 11 0 t ii f f t t y ti ii r, i v tA r y d L, t e . ( L) ) Variable merit increase. A v it r iii e r i t i iic r eci s e s ii ii I I be e i t Ii e r it oil 0 , t , ( 2 ) , u r t it r (- (- ( ) t c r en@e ii ti ii c r e t, t, (@ w i t 11 itile I)ay rfilig, of t II L. h ss t I glied g r ti@ t e(i t u f Ll I I - t i wli i ch t ti (I L"I't) I u@ ee i s u @s S I emplc,yees, t lit' tis Eiwti r ded bas ed oii j oL) i)t, r f o riiitii,ce t, s ev& I u,, t 'd by t tie c i t y -w i de pe r f or(iii, lie c, , v a I ,ti t i on [) r og r iaiii - l' 11 c 1, c-;ii I y C' (' s h it I I b c f 0 rilid I IY ev ti I u a t c d a rid r ii t ed oil 1, i s o r I,, r ivi- bnn iversary dkite aii,J eacti succeeding lif,iii versilry 'ji,tt- ttieretif t(,r to deternii ii t- t I)e I e v t I0 f P(, r f o riiiii ',c! ct ti (. ellip I (,y U (' 11 it s ii - 11 i t@ v (',J - Based o ii t h i srHt i jig I tic, eiiip I oyet' s ii 11 I I be ItNl r ie (I c i t Ii c rflu i n c r e b s c f o rb eIow aece[)table perforniailce, a o it e - s t ep ( 2 -I 2 p e r ce nt i ii c r e a s e f o r ti c c ep t a b I e p e r f o r nia n c e b two-step 5 pereen t inereas e f o r very good p c r f o rfnbl i) ce , 0 r ti t l@ r c e - St e P ( 7 - 1/ 2 p ereent )increlise for an out sttiridijig perforitiatice r ii iing subj ect to f i na Iai)pruvu I by the c I t y inanager . flowever, al I employees complet ing the probat ionary per iod shal I be el igible f or no niore than a two-step adjustment. Me r i t iiicreases shall beconie ef feet ive on the employee' s aiin iversory date as prov ided in sectioll 2-116. Th i s i iic r eas e i S not au t omat i c-8 I I Y a,,ti r ded b u t is given based on j o b perfor,,iance. Merit i nc r eas es sill, only be awarded to ful I - t i nie pe rrna,,ell t einp I oyees - ( c ) Admin i 9 t r & t i v e dec reage . An adiii i n i s t r t, t i v c decrease slibil be detiiied BS , two (2) @guil" Pay t,p r(:ducti(JI, .,t @-.r-odw@t i@ wi t t, i n ttle Pt'Y ratige of P-Y class as di!,eiplinary action as th(, result c)f u'ls"t'sfbetury jub perforiiitijice or miscoil(iuct. Ati adiiiiiiistrhtive decreuse r(-quires E' subiiiit t ed L)y t lie res pectivc' (it@pei r tii,e[it 1 e t t , r 0 f i us t i f E' t ' 0 [1 l@ L a pi) r o v til head t, th(,, director of personiiel tind is s,,bject to t o f t h , city maneiger. An iii ve r s tiry d8 t es are riot off@cted by 8 f, administrative wh-i-ch--Ca-"-,--th- -@xt 9 h@1-Y det-rea,s@. 4-17 d -ea-r e er - a-te P_ a fi- - t ID- 4K, Af twr--t,4ru4 -yutir 5i -ot -P e4t@ki- t-W -slititi--becmne A[-LUr- f ,e+ emv@oye-F-strEryl-,beco- ig -4tR -M ",s '64,4 1 1- d -aud ted- -At 110 ve r. 9 a n- in--tht: at!* e-@htli 1- -eHV@ay@ p"Mo t- u t I &i "L' L3 t,,d it, -the ay di f f er('Iit i L)e ( f pay differential. A cElssificatiin authorized wticnever all e,,,Ployee cumi)eiisated in I to requir(@ which is flut designixted by ttie director If persolill(' i (. l@ c urlu ic, n ork a shift w" I s h i f t wo r V, i s r eg u I i, r I y assigIlLd to w 3 a -m - Suel, e[lil)loye(-, oil r betwel@ll tlle liours of 3-00 P,M, t c) i)tiy stel, sliall r e c e i v e ttie eqti i V 8 I e n t Of atwo r C-g to their n,rnltl s a I a r yr differential i n add i t i o n .. issigned to worked during sucli t i ille per i uJ )nl y Einpl OYe hours . ligible tirider regul&rly scii,duled rotating silift work st,dil be ine tt,e provisions of ttli S SLibsection. Section 2-110. Proinotion. ileellierit by ellil,loyc(-@ to A proiiiotion stift I I be 1,11 advti .i ,l t , ti n ell, ploy,e i n c (i U 11 c t i ti i g y j t i es . Wh(@ii clili) I ')Y"f"' " r t' c r e ti s e It job d u t i t's i r e s Puli s IIIU ill 12 11 f r j) r oillo t e d , i lie i r s a I a r y s lit, I I t) n c r e k, s u It f r (4 )PBY inerement ,L)Ove t lie r t 1, L, t c I a s s (A step) 0 r gretttcr. Itow(,v(-@r . sucti present rai,ge ond step, witichever is place tile employee 't " Psy St p in ttie runge increase stiall not of of the new p.sition iiigt@er ttitn the pay step h,ld in the rAnge I'l,e effective detl@ (If kl 1 Proillotiolis St,til the foriner poblitioll, Employees wtio are prumote(j be the f irst day of tlie pay period. vfiritible iiierit on their atiniver9ary d " te and are el igible for , receive a O"-@, two (2) , or increase nay t hre e I 'if p ti y !, t ep AYn - Of@ -ch f C'C-I- -tit i-P i tic re iii (-ii ii e r t- it based o n t lie e n) 1) I o y e e I s p c r f o r n i a n c e c v a I u ti t i o n , i it t, d d i t i ()ti t C) the pay i iie r ciiien t s reeeived for ttle proni(,tion. flowever, sucti dii ii)crease stitill nut pltice ttie empluy(,e at a pay step iii ttic rtilige of the new po s i t i o ri higlier t Ii tin t ti ii t pay step wtiieti wokild ti El v t@ been received i ii t Ii e f u riiie r pus i t i ori hti(i A p r OITIU t i 0 11 iiot beei) grtiiit ed . Section 2-111. Demotion. A deii,ot i oii sliti I I be a re,ikjc t i oti i n t @ie ii@ty r iiiige 0 f till eiiip I o y e e ii c o ri j u fi (- t i o ii w i t Ii fi c ti a ti g e ii j o b (i u t i es a li,j responsibilities. Wti(,ii tiri ()yee i s reduced tu ti low(,r [)ay raiige , ttie s I ep wi t Ii i ii t tic iiew pay I'l,fige stin I I be d(- t c riiii IIC(J I)Y t he d i r ec t o r o f pe r soiiiie I I f ttic deiiio t i oij i s o f a vo I tin ta ry na t ure , iiidle ii t t lie reques t uf ttie er.,p] oyee , t lieri t lie brill i v(-rsti ry d a t e o f e I i g i b i I i t y f o r v ti r i ab I e fner i t i ri(-retis (-s ,, 1, ii I I n u t b c a d j u s t c d - ti-it @ e 9 s- - t @ @ -,A eH@t i ofv - i H-v@l v e s -i1/2 , i g tili,t4@ I It) El Ji @ f ef -c-it t de" P I H@f t , -d i v 4 @ @ 0 H- -o P 6 u F.(,4u - -0 P - ti S 6 i lg4fAHe fl4 to k -"Fk,,klr ki t ip f i4v-wkik-li -e4ist-, I h -C' 41 [I J) P el Ik P 4i t -e - b Ii 4i f' i, ki 11 y It . I L- 1, k I I l@ de4@ P Fii i K@d - &y - t h*-' -d i P t U F' -0 @ @ @ a f,iH' Section 2-112. Reelbssification. ( a A r c c I h s s i f i c ti t i o n s ti ii I I b (- a r e a s s i g ii@i i (, ii t u f i I I e a p 1) r o p r i Lt t e o b t i t I e , pay rtinge tiiid steli to titi viiii,loyce wituse j o b respoiis i b i I i t i es liiive evo I ved t o a dlgree t Ii tt t t tic pr es eli t job classifi cation does not accurtitel y reflect t lie ae i uh I du t i es perforiiied. Wheii sucti [)osition caiiiiot accurhtely be described or compenshted by as s i giiiiien t t u an ex i s t i ng c I a s s , tile director of persorinel shall establish a new class with appropriate range hnd t 1 t I e , s u b j e c t t o t ti e approval o f t lie c i t y ni ii ii ii g e r . Wti e n qnip I ovees ar P ri t t,e i r sa I fir y ;i)aII b e -.U the 'A' SteD nf_, R%sivned to s c@r four (4) Way iiieromptits above thpi r presc-nt .nvp and sted wILietiever is L, r e at e r - However, suet@ kill increo,,;t, @ 11 11 I I n o t r) I a c e a 11 emp I a X e e a t n n n X s t e p i n t h e r A n L, L, n f t ti e n eW c I a s s ti i @ l@ p r I @ t h P D a y S t e p h P I d i n t h e _r El n v p () f t Ii e f Q rn,(- r c I a s s . 'i ti e (i i r e c t C) r o f p e r s o ii n e I s fib I I d e t e r iii i ii e i@ n appropriate pay s t el) ti ii d anii i ve r sti ry da t e blis ed or, t lie eflip I cy(,e I s I orig(,v i t y i 11 t tie w(@ r k (i f ttie class to wtiieli reeltissified. Section 2-113. Transfers. ( a A t r a n s re r o f tiii emp I oyee f ruiii oiie d(-[)a r tii,e(i t ii I bureau eude to anotljei- withint Ii c s alile d ep El r t niell t s 11 a I I b e c o n s i d e r e (J a t r a n s f c i, v, i t Ii i nt h e (I (.pi, r I iiie ii t I f t r i@ 1, -1/2 f e r wi t h i ii tlie dpr)a r t nie ii t i riv v @ ,A r) r ciiio t i olL o r t i oil thL o f t h e api@ r o i) r i Li t e ac L i oii t) [i I I 8 f)P I y - ()t t,c- rw i !i c @ whefi @i, I cl i L, L, s t r Et n s f e r i t IL i ii t lie d- U i, r tni u ii t 11 0 i@ ii L, c (i f t ii t u -1/2 u i n tin i v e r s Li r d a t L S 1,Lt I I c@ (, i, Li r . ( b A t r i, ii s f (, r o ft, ii eiii@) I o y c cf r uni o ii e (i El r I ilie ii t 1, I b u r e Ii Ll C 0 (J e t (I 11 11 () t ti (, r s ii ti I It@ c c o ii ,; i (j (- r e (i ti I ri,ii., f er betw(,(-ii dep a r t riieri t s I f a t r ii ii s f c- rb c t w( t, ri d (, p 8 r t iiie n t 1/2 i ii v u I v e s a p r on,o t i oii o r deiiio t i oji , t tic r u I e s o f t 1, e tipp rop r i i, t c- )i (- I i oli @, l,ii I I a p p I y . Ot [,e rw i s c - wli en eniployees trhnsfer be t wevii (J ept. r tiiieli ts , t o--t4e-@fti" -CA-ess- o f -pt) 4 i t i@i no e lia nge o f s t fi t ii s o r t, [ill i v c r s ii r y da t e ; hit I I oce u r . @e ti@ ; Section 2-116. Anniversary date. The anr)iversary date s ti a I I b e the date oil wt) i ch a 11 employee beconies eligible for a variiible merit increase. An employee's f i r s t ii ii ii i v e r s a r y d b t e !, 1, a I I g c n v r it I I y b e tti c effective date of pernia lie tit s t ti t u s provided t lie eilip I oy ec 11 ti s c o ii t i n u e d i n t Ii e s aa)e i o b c I ii s s i n a f u I I - t i nie c ii p a c i t y a s origiritilly ernployed. Ottierwise, the eniployee's first tinniverstiry d a t e s lia I I be six (6) moriths frcm the date assigried to preseiit job class, except sworn police and fire job classes in wfiicti ease t h e f i r s t ani)iversAry date s tia I I be twelve (12) in()iitlis f r urii t lie d a t e assign(@d to t h e c I Els s. I'liereafter, the uriiiivc-rsfiry dilte shall be one y e a r f r om t h e d a t e o f t h e I Ei s t pro[iiotion, discipliiiary d e ni o t i o n , QL award or deii i a I o f 0, v ti r i Li b I c iiie r i t i n c r e it s e-,- -o r - @s s@ girinent - tv - n@ - 1 vb - t-l@ 5 s- -d i s@hni i uT - -t-u - ttre - jut e 4@!t s- -Y o@t7e d-,-- ex@p t- -where - i!r -c a@e r - -s t ep- - i s- - i nvu @ v ext- - i n- -whi@l e a@ --@ t - @ h a+ I - @e- -t h@ e- -( 5-Y - y@tt r@ - f i-arri- - t h-u - @f f e-u t i Nv - d-ut e - -u f ae-t-@n . liowever, wtiere a demotion action of nondisciplinliry type i s i nvo I ved and t lie work requ i renieti t s o f t lie f ornier pos i t i Oil Li re app I i c ab I e to the work requ i ren)en t s o f t tie 1 ower [)us i t i on , t lie employee's presetit uri n i ve r sa ry dEi t c -may r enia i n uiieliet itged. Requested by; City Manager/Director of Personnel AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 2-109(d) PERTAINING TO ADMINISTRATION OF BASIC PAY PLAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-109(d) is hereby added to the Code of the City of Virginia Beach, Virginia, pertaining to administration of basic pay plan and shall read as follows: Sec. 2-109. Changes in pay generally. (d) Lump sum incentive award. In addition to the fifteen (15) pay steps (A) through (0), employees at the "Oll step shall be eligible on their anniversary date for a lump sum incentive award of three hundred dollars ($300.00) provided that their annual performance reflects that they have exceeded the performance standards for their position or a seven hundred fifty dollar (750.00) lump sum incentive award if the employee demonstrates performance of an exceptionally high standard, which resulted in practical innovative ideas or methods involving efficiency in time and process, a major documented cost savings to the City, or resulted in extreme bravery or risk for the benefit of the City, Adopted this 9 day of December, 1985, by the Council of the City of Virginia Beach, Virginia. RMB/da 1 2/5/8 5 (A) - 42 - ITEM II-L-4 CONSENT AGENDA ITEM # 24669 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance declaring that certain property adjacent to Haygood Road at or near Bayside High School and Luxford Elementary School EXCESS and authorizing the City Manager to convey said property to the Commonwealth of Virginia for Road Widening Purposes. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf December 9, 1985 z 1- z 0 AN ORDINANCE DECLARING THAT CERTAIN PROPERTY ADJACENT TO HAYGOOD ROAD AT OR NEAR BAYSIDE HIGH SCHOOL AND LUXFORD ELEMENTARY SCHOOL EXCESS AND AUTHORIZING THE CITY MANAGER TO CONVEY SAID PROPERTY TO THE COMMONWEALTH OF VIRGINIA FOR ROAD WIDENING PURPOSES TORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the Department of Highways and Transportation is in the process of acquiring the right-of-way needed for the widening of and improving of Haygood Road, Project UOOO-134-107, RW-202, City of Virginia Beach, and WHEREAS, the below-described property was conveyed to the City of Virginia Beach by resolution duly adopted by the School Board of the City of Virginia Beach on the 17th day of September, 1985, for the Haygood Road Project, and WHEREAS, the Department of Highways and Transportation, Commonwealth of Virginia has offered to purchase the below-described property for its fair market value; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the following described property is hereby declared in excess of the needs of the City of Virginia Beach and that the City Manager is authorized and directed to convey said property to the Commonwealth of Virginia in consideration for its fair market value. All that certain piece, parcel or lot of land being as shown on Sheets 12, 13, and 14 of the plans for Haygood Road, State Highway Project UOOO-134-107, RW-202, and lying on both sides of office revised centerline and adjacent to the existing north right-of-way line of present Haygood Road from the lands of John Hawkins at approximate Station 99+46 to a point in the lands of the landowner at approximate Station 101+45, thence lying on the north (left) side of the office revised centerline and adjacent to the north right-of-way line of present Haygood Road from the last said station to the lands of Carroll Gordon Oliver opposite approximate Station 108+76, and containing 0.526 acre, more or less, land, together with the temporary right and easement to use the additional areas shown as being required for the proper construction of cut and/or fill slopes and containing 0.122 acre, more or less. Said temporary easement will terminate at such time as the construction of the aforesaid project is completed. It being a part of the same property acquired by the School Board of the City of Virginia Beach, from the City of virginia Beach, a municipal corporation, by deed dated March 27, 1975, and recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1477, at Page 742. Together with all that certain, piece or parcel or lot of land being as shown on Sheets 16, 16B and 17 of the said plans for Haygood Road, and lying on the north (left) side of survey baseline and adjacent to the existing north right-of-way line of present Haygood Road from the lands of Trustees of Calvary Baptist Church of Virginia Beach opposite approximate Station 145+18 to the lands of Lee A. Gifford (Haygood Halls Apartments) opposite approximate station 152+27, and containing 0.653 acre, more or less, land; together with the permanent right and easement to use the additional areas shown as being required for the proper construction and maintenance of a drainage ditch left of approximate Station 145+15 as indicated on plans, containing 0.455 acre, more or less, together with the temporary right and easement to use the additional areas shown as being required for the proper construction of cut and/or fill slopes and containing 0.367 acre, more or less. Said temporary easement will terminate at such time as the construction of the aforesaid project is completed. It being a part of the same property conveyed to the School Board of Princess Anne County, Virginia (now The School Board of the City of Virginia Beach) from W.W. Oliver, IV and Lillian S. Oliver, husband and wife, by deed dated May 25, 1960, and recorded in the Clerk's Office of the Circuit Court of Princess Anne County, virginia, now the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 640, at page 239. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, virginia, on the 94ay of December 1985. Ai,PROVED AS JAR/rab 10/22/85 (ORD/I) SIGNATU DEPARTMENT APPROVED AS TO FOra,.z%i -2- GNATtl E CITY ATTORNEY - 43 - ITEM II-L-ADD ON CONSENT AGENDA ITEM # 24670 Upon motion bv Councilman Jennings, seconded by Councilwoman Creech, City CouncilAPPROVED, upon FIRST READING: Ordinance to appropriate $117,703 from the General Fund to the School Board. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberadorf December 9, 1985 AN ORDINANCE TO APPROPRIATE $117,703.00 FROM THE GENERAL FUND TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA. THE CITY OF VIRGINIA BE IT ORDAINED BY THE COUNCIL OF BEACH, VIRGINIA: WHEREAS, by Resolution duly adopted on the 17@/7 day of 1985, The School Board of the City of Virginia Beach, Virginia determined that the property described in said Resolution was surplus; and WHEREAS, by recordation of said Resolution in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book , at Page _, the title to said property became vested in the City of Virginia Beach, Virginia; and WHEREAS, said property has been conveyed to the Commonwealth of Virginia in connection with the Department of Highways and Transportation, Haygood Road (Project No. UOOO-134-107, RW-202) widening and improvement project, for and in consideration of the sum of $117,703.00; and WHEREAS, S 22.1-129, Code of Virginia, 1950, as amended indicates that funds from the sale of such property are subject to appropriation by the local governing body; and WHEREAS, City Council believes that the aforesaid funds from the sale of surplus school property should be appropriated to The School Board of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH THAT $117,703.00 BE APPROPRIATED FROM THE GENERAL FUND TO THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on( the day of 1985. First Reading: December 9, 1985 Second Reading: JAR/rab 8/12/85 (ORD/G) - 44 - ITEM II-L-5 CONSENT AGENDA ITEM # 24671 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Goose Landing in the petition of Hudgins Associates as per the following: Application of Hudgins and Associates for the discontinuance, closure and abandorment of a portion of Goose Landing beginning at a point 1,290 feet more or less from the intersection of Goose Landing and Huntsman Drive, running a distance of 368.92 feet in a Northwesterly direction along the Southern boundary line, running a distance of 59.69 feet in a Northeasterly direction along the Western boundary line, running a distance of 336.22 feet in a Southeasterly direction along the Northern boundary line, and running a distance of 50 feet in a Southerly direction along the Eastern boundary line. Said parcel contains 19,415 square feet (Lynnliaven Borough). Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf 44a -25a- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS GOOSE LANDING FORMERLY KNOWN AS EIGHTH STREET, LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PLAN OF PROPERTY PROPOSED STREET CLOSURE STREET LYING SOUTH OF BLOCK 18 SALT MARSH POINT", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK , AT PAGE WHEREAS, it appearing by Affidavit that proper notice has been given by Hudgins and Associates, a Virginia corporation, that it would make application to the Council of the City of Virginia Beach, Virginia, on October - 1 1983, to have the hereinafter described street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: ALL THAT certain part or portion of Goose Landing, formerly known as Eighth Street, situate in the City of Virginia Beach, Virginia, and more particularly described as follows: Beginning at the southwestern corner of Lot A as shown on that certain plat entitled "Resubdivision of Lots I thru 19 and 40 thru 52, Block 18, Lakeview" which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 142, at page 37; from said point of beginning S 560 081 17" W 59.69 feet to a point; thence along the southerly side of Goose Landing S 67* 021 45" E 368.92 feet to a point; thence N 22* 571 15" E 50 feet to a point; thence N 671 021 45" W 336.22 feet to the point or place of beginning. Said area to be closed more particularly shown on that certain survey entitled "Plan of Property Proposed Street Closure Street Lying South of Block 18 Salt Marsh Point". October 10, 1983 44b - 25b - ,;aid p,,rcels of lan(i being a portic)ri of Goose Landinq formerly knc)%.ji) as Eighth 1-treet as indicated on that certain plat of propf?i-t@, entitled "Plan of Property Proposed Street Closure Stret Lyii,.g South of Block 18 Salt @larsh Point", which plat is recorded in the Clerk's Office of the Cii-(-,tiit Court of the City of vii-ginia Beach, Virginia, in Map Book at page and which is made a part hereof by reference. SECTION II A @-crtified copy of thi.- Or(iiiiance shall be fileci in the Officc, of tlie Circuit C(,ui-t of the City of Virginia Beach, inclexed in t@he name of thc., Ci.ty of Virginia Beach, as grantor. SECTION III This Ordinance shall be effective sixty (60) days from the date of its adoption. ADOPTED: December 9, 1985 2 - 45 - ITEM II-L-6 CONSENT AGENDA ITEM # 24672 Upon motion by Councilinan Jennings, seconded by Councilwoman Creech, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Ranger Street in the petition of Roland & Virginia Copeland: Application of Roland H. and Virginia L. Copeland for the discontinuance, closure and abandorunent of a portion of Ranger Street beginning at the eastern boundary of Maralon Drive and running in an easterly direction a distance of 189.25 feet. Said parcel is 50 feet in width and contains 9,463 square feet (Kempsville Borough). Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Ilarold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClannan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf December 9, 1985 - 45a - - 8a - '@"DINANCE Iii. I@l TH2 @@ATT@.' OF CL-)SIIIG, VACATIIIG, ANID DISCOIITI14UING A PO@-I'TI)II )F THAT CE-PITAIN I STLIE@@'T )F @.VIDTH IF 50 FE'-?T Kiij'.,Ill AS @AiqGE-, ST"@E-'-?T, L@'CATi@D I@l THE- KEIVTSVILLE Bj-,IOU,-,H @)F TH.'@ CITY -',F VII@GINIA BEACH, VI@-,IGINIA, AS SHI!@II'l @ill THAT C,.'.iTAIi PLAT ENTITLED, "PLAT SH.,-,III\IG P@'OP)Si-@D ST'IE@T CL)'SING .)F PART iF i-,IANG@.?' ST',],-'-@T, AVAL,JN VILLA, KEIITSVILLE B @ -OU(!H, VI "GI!IIA BEACH, VI @CRINIA, Po'@ ROLAND H. COPELAND -OCAL-71 -D "' = 40' DATI@ AUGUST 4, 1984 BY JU4@S C. HICKlilAli, LAND SU -,VEY VI IGINIA B-,A'-H, VI.@GIIIIIA (1@'84- 650 PLAT @i'CORDED Ill VI-@GINIA BEACH, VI':IGI@IIIA IIAP B " )]'@ 85 PAG@ 41) '@;IH'@:",IAS, it appearing by affidavit that or.,)Oer notice has been .-iven by -loland H. CoT)eland and Vir.-inia L. Cooeland, that it would make aD plication to the Council of the City of Virginia Beach, Virginia, on Septembe-- 10th, 1984, to have the hereinafter described street discontinued, clised, and vacated; and :,IH;'@EAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; TH'i @RFO_,-', S'@CTIO14 1 BLE IT J-@DAI@T-@D by the Council if the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: @@anger Street beginning at a point on the, East side of Maralon Drive and thence N 4 33' E a distance of 50-00 feet to a Doint along Ri_-ht.of vlay )f Maralon Drive, and thence S 85- 27' 3 for 189.25 feet to a n@)int, whege the open part of !@an.-er St. ends, @hence 9 4 33' @ for a distal3ce of 50 feet, t,) a point, thence liorth 85- 27' 11 frr a distance of 189.25 feet to the pdint of be.-innirig. (Portion to be vacated is designated as 9412.5 square feet Df .-'.,anger Street.) All the above, as shown udin that certain plat entitled "Plat shc)wing proDDsed street closing of Dart of Ra@er Street, Avalon Villa, Kempsville B)rough, Virginia Beach, Virginia for Roland H. Copeland Scale 11, - 40' dated Au.-Ust 4, 1984 by James C. Hickman, Land Surveyjr, Virginia Beach, Virginia ("'f'84-650 plat recorded in lviap BoDk 85 page 41) '@lhich Dlat is attached hereto and made a Dart hereof and intended t) be recorded ivith the Ordinance closing the aforedescribed street. January 14, 1985 - 45b - - 8b - A certified col)y c)f this Urdinance shall be filed in the ,,)I'fice of the Cit-ouit Cout,t of the City of Virginia Beach, itid(,xe(I in the nam(@ L)f tile City of Virginia Beach, as grantor. .@t@CTT )N III This Ordinance shall be effective sixty (60) days from the date of its adoption. ADOPTED: December 9, 1985 - 46 - ITEM II-L-7 CONSENT AGENDA ITEM # 24673 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Rouse Drive in the petition of Fred Dean: Application of Fred J Dean III, for the discontinuance, closure and abandonment of a portion of Rouse Drive beginning on the east side of Grayson Road, running a distance of 30.12 feet along the east side of Grayson Road, running a distance of 248.90 feet along the northern property line running a distance of 78.83 feet in a northeasterly direction, running a distance of 54.32 feet in a southwesterly direction, running a distance of 42.45 feet in a northwesterly direction and running a distance of 218.90 feet along the southern property line. Said parcel contains 9,016 square feet (Kempsville Borough). Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf Decembe 46a - - 10a - ORDINANCE NO. IN THE MATTER OF CIDSING, VACATING, AND DISCONTINUING A PORTICN OF THAT CERRAIN SrREET OF WIDTH AS IRDUSE D@, LOCATED IN THE KEMP BOROL)GH OF THE CITY OF VIRGINIA BEACH, VIICINIA, AS SHOWN ON THAT CERRAIN PLAT EMITLM, "RE-SLJBDIVISICN OF PROPEMY OF FRED J. DEAN, III, TT.T.F BOROUGI, VIRG@ , VIRGINIA", A PoRrI()N OF ROUSE DRIVE TO BE CLOSED AND RELOCATED AS SHOM ON SAID PIAT FOR FRED J. DEAN, III, WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIICUIT COURT OF THE CITY OF VIRGINIA VIICINIA, IN MAP 1300K AT PACE WHEREAS, it appearing by affidavit that proper notice has been given by Fred J. Dean, III, that he would mke application to the Council of the City of Virginia Beadi, Virginia on August 13, 1984 , 1984, t-o have the herinafter described street discontinued, closed, vacated and relocated; and , it is the ju@t of the Council that said street be discontinued, closed, vacated and relocated as shown on said plat; and that no public inconvenience will result therefrom. NOW, THEREFORE, SBCrICN I BE IT ORDA= by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be disccntinued, closed and vacated: BBGINNING at a point on the northeast corner of POuse Drive d Grayson Road; Thence running along the north side of Rouse Drive N 701 051 00" E 248.90' to a point, being the northeast corner of Rouse Drive; Thence turning and running along the east side of Rouse Drive S 23' 09- 00" E 30.00- to a point of curve; Thence along a curve to the left with an arc distance of 48.831 and a radius of 44.711 to a PC)int; Thence turning and 9 across lbuse Drive in a southwest- erly direction s 651 351 59" W 54.321 ro a point on the Western side of ROuse Drive; Thence turning and running along the westeni side of Rouse Drive N 23- 091 00-1 W 42.45' to a Point that marks the southwest corner of Rouse Drive; Thence t-i.ng -d ng along the south side of Rouse Drive S 70* 051 00" W 218.90' to a point 10cated at the southeast corner of Rouse Drive and Grayson @; Thence tuming and running along the eastern side of Graysm across Rouse Drive N 22' 421 30" W 30.121 to a point, the point of beginning. The portion of Rouse Drive described above, contains 0.2070 acre. Said parcel of land being a porticn of Rouse Drive as indicated on that certain plat of property to be vacated along existing Rouse Drive for Fred J. Dean, III, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at Page , and wilich is made a part hereof by reference. - 46b - - 10b 'i@-PION 11 A c,,Y'tifi@ copy of th-is Ordinanc,? stiall be filed in the Office of the Circuit Co@ of tlie City of Vircjinia Beach, indexed in the of tli@ Ci,ty of Virgi-nia @, ch, as graitor. SBOrION III This Ordinance shall be eff(-,ctive sixty (60) days from the date of its adoption. AI)C)P'rL'[): Dc,,-,eiiibLc 9, 1985 l@@six-@ttully subatitted, fred i 3895 0 Virginia VirgirLia 23452 - 46c - - loc SIIAMEI'. 8C BYIIUM. lj.c. ATTORNEYS ND COUNSElOR5 @T LAW 21415 OLD OftElEN13HIRR ROAD TELEPHONE (604) 420-9653 ROBERT . B@.UM F. 1. E.., STEVEN F. SHA.ES 01 THO.AS E. EYRU. CE@RrIFICATE OF VESTING Or TITLE I, rrcd J. DLan, III, do hereby cl@rtify th-at: 1. I am an attorney at law and am also the petitioner. 2. @t if thL- propl-rty described belc)w is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vl-st in rred J. Doan, III, tlw adjacent land- owiiL,r, wlio is Uu@ lv)ILILr of Liu-, Lui@,rlyillLj 1-@, iii s"d pi-owt.@Ly. The said properly referrl-d to hl-rein is her@y dL-scribLd as follows: BEGINNING at a point on thL- northeast corner of I;buse DrivL- @ Grayson Road; Thence rwining along thL, north sidl, of I?ouse Drive N 701 051 00" E 248.901 to a point, being tiie northeast corner of Rouse Drive; Thence turning @ running along the east side of Rouse Drive S 231 091 0011 E 30.001 to a pc)int of curve; Thence along a curve to the left with an arc dis@e of 48.831 and a radius of 44.711 to a pc)int; Thence turning x4 running across lbuse Drive in a southwest- erly direction S 650 351 59" W 54.321 to a point on the western side of Rouse Drive; Thence turning wO running along the western side of Rouse Drive N 231 091 0011 W 42.451 tc) a point that @ks the sou@est corner of Rouse Drive; ghence turning and running along the south side of Rouse Drive S 70' 051 00" W 218.901 to a point located at the southeast corner Of ROuse DriVe and Grayson PDad; Thence turning and running along the eastern side of Grayson Road across Rouse Dri.ve N 22' 42' 30" W 30.121 to a point, the pc)int of beginning. pc)rticn of Rouse Drive described above, contains 0.2070 acre. Respectfully submitted, Fr6d J. *an, iii@ Attorne:V at law August 13, 1984 - 47 - ITEM II-L-8 CONSENT AGENDA ITEM 24674 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED, BINGO PERMITS: St. Nicholas Greek Orthodox Church Plaza Junior High Marching Trojanettes St. Matthew's Catholic Church Diamond Springs/Gardenwood Park Civic League Aragona Village Moose Lodge #1198 Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf - 48 - ITEM II-L-9 CONSENT AGENDA ITEM # 24675 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED: RAFFLE PERMITS: Virginia Beach Moose Lodge #1998 Tidewater March of Dimes Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf - 49 - ITEM II-L-10 CONSENT AGENDA ITEM # 24676 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED: BINGO/RAFFLE PERMITS Aragona Community Recreation Center Men's Club of St. Gregory Catholilc Church Chesapeake Bay Skating Club Kellam Band Parents Association Hampton Roads Youth Hockey Association Council of United Filipinio Organization Kehillat Bet Hamidrash Synagogue Residents of Westminster Cantebury Friends of Roller Skaters/Kemps River Ghurch of Ascension Old Dominion Aquatic Club Plaza Little League, Inc. Hebrew Academy of Tidewater Virginia Beach Skating Club K. B. Men's Club Roma Lodge #254 Star of the Sea School Plaza Recreation, Ltd. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf - 50 - ITEM II-L-11 CONSENT AGENDA ITEM # 24677 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NFCESSITY Urba@Lite, Inc. - Total Requested: 1 for-hire vehicle Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf - 51 - ITEM II-L-12 CONSENT AGENDA ITEM # 24678 Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council ADOPTED: Ordinance to authorize a temporary encroar-b3nent into a portion of the right-of-way of Atlantic Avenue and 6th Street to Fountaiiihead of Virginia Beach, Inc., T/A Ramada Inn. This encroachment shall be subject to: 1. The owner agrees to remove the encroacbment when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroacbment. 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 rigbt 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. The owner agrees to rebuild the sidewalks on Atlantic Avenue and 6th Street to conform to the specifications proposed in the Atlantic Avenue Revitalization Project. This should include: (a) Street tree planting (b) Sidewalks paved with the specified paving unit (c) Street furniture (approved benches, planters and trash receptacles) (d) Small Scale pedestrian lighting 7. The owner agrees to submit a landscaping plan delineating the above noted improvements to be approved for site plan approval. - 52 - Item II-L.12 ITEM # 24678 (Continued) 8. Items in 6 above are to be in accordance with the following specifications: GENERAL SPECIFICATIONS FOR STREETSCAPE DESIGN GUIDELINES IN THE RESORT AREA (a) Sidewalk Pavement: Hastings London walk paver, exposed aggregate #19 as manufactured by Hastings Pavement Co., Inc., 30 Commercial Street, Freeport, NY 11520, or approved equal. (b) Planting Zone Paving: Local Virginia red clay brick (laid in running bond pattern). (c) Tree Grates: Cast iron 180 degree square tree grate #R-8642-B as manufactured by Neenah Foundry, Inc., Box 729, 2121 Brooks Avenue, Neenah WI 54956, or approved equal. (d) Seatirig: 108" straight settee bench as manufactured by Imagineering, Inc. of Rockfort, Maine, or approved equal. (e) Decorative Lighting: Single petal decorative standard as manufactured by Edman Electric, Winston Salem NC, or approved equal. (f) Trees: Platanus Acerifolia 'Bloodgood' B&B 3-4" caliper. (g) Screen Wall: See attached detail. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera Oberndorf AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO PORTIONS OF THE RIGHTS-OF-WAY OF ATLANTIC AVENUE AND 6TH STREET TO FOUNTAINHEAD OF VIRGINIA BEACH, INC., T/A RAMADA INN, 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 Fountainhead of Virginia Beach, Inc., t/a Ramada Inn, its assigns and successors in title are authorized to construct and maintain a temporary encroachment into portions of the City's rights-of-way of Atlantic Avenue and 6th Street. That the temporary encroachment herein authorized is for the purpose of footings and pile caps for support of an expansion of the Ramada Inn Hotel and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into portions of the City's right-of-way known as Atlantic Avenue and 6th Street, as shown on that certain plat entitled: "PLAN SHOWING PROPOSED ENCROACHMENT FOR RAMADA INN ADDITION 7TH STREET AND ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA," 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 the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Fountainhead of Virginia Beach, Inc., t/a Ramada Inn, 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 rights-of-way of Atlantic Avenue and 6th Street by the Fountainhead of Virginia Beach, Inc., t/a Ramada Inn and that the Fountainhead of Virginia Beach, Inc., t/a Ramada Inn, its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Fountainhead of Virginia Beach, Inc., t/a Ramada Inn, its assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Fountainhead of Virginia Beach, Inc., t/a Ramada Inn, executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, virginia, on the 9thday of December 1 9 85. GLF/rab 12/3/8 5 (29E) -2- t 1- LN A@,, 1,@L Ii'. Ii uoc-ul Tc)r Fl\er- Tt@ -Tlix:r 7@CH E @@i - rj L-1@F- Vi/ @l ri@vl@D@ c@ AS @'l). 7T) DFIAWING TITLE DRAWItAo H-3, @JEC-R v- F- c H 'YL@PIA -7 D,- - 53 - Item II-M.1 ITEM # 24679 Attorney Glenn Croshaw represented Creative Displays and spoke in opposition to the concept of "Amortization". Michael Barrett, Director of the Virginia Beach Resort Area Advisory Commission responded to Council's inquires and indicated this Resolution does not apply to billboards, only on-site signs. Attorney Robert Cromwell advised his client had no opposition to said Resolution. The Mayor suggested Amending the Resolution. Under Subsection (f), the words "Replacemnt of signs in the CitY's"Resort Area", shall be the caption replacing "Amortizaiton of nonconforming signs in the City's Resort Area." The words "amortization and" shall also be deleted from the third line of Subsection (f). A Motion was made by Councilman Jennings to ADOPT the Resolution concerning AMORTIZATION ON NON-CONFORMING SIGNS as further AMENDED. The words "Just compensation for acquisition of" shall replace the words amortization and replacement of" in the third line of Subsection (f). Said MOTION was WITHDRAWN. Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council REFERRED back to the VIRGINIA BEACH RESORT AREA ADVISORY COMMISSION for further refinement: Resolution requesting the Virginia General Assembly @ the City Charter to allow the establishment by ordinance of City's Resort Area reasonable rules, regulations and schedules for the AMORTIZATION OF NON-CONFORMING SIGNS. Voting: 8-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: John A. Baum, Robert G. Jones and Meyera E. Oberndorf December 9 1985 - 54 - Item II-N.1 NEW BUSINESS ITEM # 24680 SCHEDULING OF PLANNING ITEMS BY CONSENSUS, City Council APPROVED: SCREDULING OF PLANNING ITEMS FOR EACH CITY COUNCIL AGENDA. - 55 - Item II-N.2 NEW BUSINESS ITEM # 24681 QUARTERLY REPORT ON CAPITAL PROJECTS The QUARTERLY REPORT ON CAPITAL PROJECTS for the Period Ending September 30, 1985, was distributed to City Council and is hereby made a part of the record. - 56 - Item II-N.3. NEW BUSINESS ITEM # 24682 ADD-ON Council referenced ENFORCEMENT OF COUNCIL POLICY concerning AGR S required by applicants be submitted prior to consideration by City Council. Council also requested a determination be made as to what appllcation actually requires an Agreement. Site Plan Review may in some cases replace the necessity of an Agreement. City Council wished the TRANSMITTAL COVER LETTER in the AGENDA reference conditions required, even if the Planning Commission's recommendation is DENIAL. The Staff's evaluation should also be on the TRANSMITRAL COVER LETTER. mber 9 1985 57 - Item II-0.1 ADJOURNMENT ITEM 24683 Upon motion by Councilman Jennings, and BY ACCLAMATION, City Council ADJOURNED the meeting at 7:10 P.M. - 0 @@-) Beverl* 0. Hooks Chief Deputy City Clerk R)tth Hodges 9'mith, CMC Mayor Harola He'l-.Chober City Clerk City of Virginia Beach, Virginia