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HomeMy WebLinkAboutNOVEMBER 4, 1985 MINUTES Cit@ C)f -vii-wiraiel "WORLD'S LARGEST RESORT CITY" CTIY COUIVCJL MA YOR HAROLD REISCHOBF-R. A t VICE,MA YOR RM S. M@CLANAN. A- B-gh JOHN A. HAUM. Bi.@ @k NANCY A. CREECH. At @ ROBFRT E FEN=SS, V@ B-h @k @ M. @, P.." B-gh H JACK JENNIMS, JR., L@.- @A LOUIS R. JO@ &y@ @h ROBMT G. JO@ At @. J. hwNRYMCOY, JR., K-@ B-gh M@ E OBERNDORF, At L.,V. 281 CrrY HALL BUILDI.VG RU7'H HODGES SMITH, CMC, Clv Ci-k CITY COUNCIL AGENDA MUNICIPAL CENMR VIRGnVIA REACH, VIRGI]VIA =56-9" 1804]427-4= November 4, 1985 Virginia Beach City Council WORKSHOP Conference Room - 11:00 AM 1986 LEGISLATIVE PACKAGE ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATION: Reverend Lawrence J. Reeman, III Bayside Christian United Church of Christ 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 MATTERS F. PRESENTATION 1. Resolution in Commendation: United States Navy G. MINUTES 1. Motion to accept/approve the Minutes of October 28, 1985 R. PUBLIC HEARING 1. SITE PLAN ORDINANCE AMENDMENT ADD Section 5A: PARKING LOT LANDSCAPING I. PLANNING - REQUEST FOR WAIVER 1. Request of Virginia Beach Federal S"ings and Loan Association for WAIVER OF A CONDITION imposed upon a change of zoning (Lynnhaven Borough) approved by City Council March 17, 1980. J. PLANNING BY CONSENT 1. Application of Garland E. Bennett, Jr. for a change of zoning from R-6 Residential District to 0-1 Office District on an 8,575-square foot parcel on the south side of Haygood Road on Lot 30, Block 42, Section Nine, Part Two, Aragona Village. Said parcel is located at 4909 Haygood Road (Bayside Borough). Recommendation: ALLOW WITHDRAWAL 2. Application of David K. Hillquist for a change of zoning from B-5 Resort-Commercial District to H-2 Resort Hotel District on 1.16-acre parcel on the northwest corner of Atlantic Avenue and 4th Street. Said parcels are located at 400 and 424 Atlantic Avenue and 205 4th Street (Virginia Beach Borough). Recommendation: ALLOW WITHDRAWAL 3. Application of Donald E. Rellins, Jr., Sue Ann Rellins, Gary and Rebecca Pechtimaldjian, Nonbar Pech and Dorothy Pech for a change of zoning from R-8 Residential District to A-3 Apartment District on a 28,470-square foot parcel on the south side of 23rd Street, east of Mediterranean Avenue. Said parcels are located at 508, 510, 512 and 514 23rd Street (Virginia Beach Borough). Reconmendation: ALLOW WITHDRAWAL K. PLANNING 1. Application of R. L. Weaver for a conditional use permit for the Burton Substation on a 3.40-acre parcel located on the south side of the Norfolk Southern Railroad right-of-way, west of Baker Road (Bayside Borough). Recommendation: APPROVAL 2. Application of Exxon Corporation for a conditional use permit for an automobile service station on a one-acre parcel located at the southwest corner of Newtown Road and Baker Road (Bayside Borough) Recommendation: APPROVAL 3. Application of Hop-In Food Stores, Inc. for a conditional use permit for gas pumps in conjunction with a convenience store and a car wash on a 1.067-acre parcel located at the northwest corner of Newtown Road and Baker Road (Bayside Borough). Recommendation: APPROVAL 4. Application of C. E. Basaight, Jr. for a change of zoning from R-7 Residential District to A-1 Apartment District on a 13,914-square foot parcel located at the southwest corner of 16th Street and Baltic Avenue (Virginia Beach Borough). Recommendation: DENIAL 5. Application of Sandra G. and Donald G. Pratt for a change of zoni2a from R-3 Residential District to B-2 Community- Business District on a one-acre parcel located on the east side of General Booth Boulevard, north of Princess Anne Road (Princess Anne Borough). Recommendation: NONE DUE TO TIE VOTE DEFERRED INDEFINITELY by City Council June 17, 1985, for completion of the General Booth Boulevard Commercial Strategy Study 6. Application of Site Development Associates for a change of zoning from R-3 Residential District to B-2 Community- Business District on a 12.7-acre parcel located on the east side of General Booth Boulevard, north of Princess Anne Road (Princess Anne Borough). Recommendation: NONE DUE TO TIE VOTE DEFERRED INDEFINITELY by City Council June 17, 1985, for completion of the General Booth Boulevard Commercial Strategy Study 7. Applications of Ronald L. and Holly Hall for a change of zoning on separate parcels. The largest parcel, 11.979 acres, is located on the northwest side of General Booth Boulevard across from Princess Anne Road. The other parcel, 3.25 acres, is located at the southeast corner of General Booth Boulevard and Princess Anne Road (Princess Anne Borough): From AG-1 Agricultural District to B-2 Community-Business District on a 2.195-acre parcel; From AG-2 Agricultural District to B-2 Community-Business District on a 1.577-acre parcel; From R-3 Residential District to B-2 Community-Business District on an 8.025-acre parcel; AND, From R-3 Residential District to B-2 Community-Business District on a 3.25-acre parcel. Recommendation: DENIAL DEFERRED INDEFINITELY by City Council December 10, 1984, for completion of the General Booth Boulevard Commercial Strategy Study 8. Application of City of Virginia Beach for a change of zoning from R-7 Residential District to R-8 Residential District on all those parcels riow zoned R-7 Residential District located between 15th street and 16th Street and between Mediterranean Avenue and Parks Avenue and those parcels located between 15th Street and 16th Street beginning at the western boundary of Parks Avenue and running westerly a distance of 400 feet more or less, Subdivision of Lakewood (Virginia Beach Borough). Recommendation: APPROVAL 9. Ordinance to amend and reordain Ordinance Number 486, Site Plan Ordinance, by ADDING thereto Section 5A pertaining to parking lot landscaping. AND, Resolution to adopt parking lot landscaping specifications and standards to be utilized in connection with the administration of Section 5A, parking lot landscaping, of the Site Plan Ordinance. AND, Ordinance to transfer $71,530 from the reserve for contingencies to fund two Landscape Inspection Positions Recommendation: APPROVAL DEFERRED by City Council October 14, 1985 10. Ordinance to amend and reordain Article 2, Section 203 of the Comprehensive Zoning Ordinance pertaining to c)ff-street parking requirements. Recommendation: APPROVAL DEFERRED by City Council October 28, 1985 L. RESOLUTION Industrial Development Revenue Bond 1. Resolution approving the issuance of Industrial Development Revenue Bond: a. F. C. Associates - $11,000,000 Recommendation: APPROVAL DEFERRED by City Council October 14 and October 21, 1985 2. Resolution to adopt the 1986 Legislative Package a. Request of Beth Sholom Sands, Luther Manor and Russell House for Tax-Exempt Status -- Sponsored by Councilman Jennings M. ORDINANCE 1. Ordinance authorizing and directing the City Manager to execute an addendum to the existing Engineering Agreement between the City of Virginia Beach and C E MaGuire for the continuation of financial and engineering services related to the Lake Gaston Project N. 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 inotion in the form 1-isted. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution of Condemnation: United States Navy 2. Ordinance upon FIRST READING to accept and appropriate $42,000 from the Department of Corrections for an expansion of the Community Diversion Incentive Program. 3. Ordinance upon FIRST READING to accept and appropriate $832,469 for the installation of the Enhanced 911 Emergency Telephone System. 4. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Carolina Avenue to Robert J. McNeil and Deborah K. McNeil, their heirs, assigns and successors in title. 5. REQUEST FOR 90-day EXTENSION FOR COMPLIANCE: Ordinance closing, vacating, and discontinuing portion of Silverleaf Drive in the petition of City of Virginia Beach. 6. FINAL APPROVAL of Ordinance closing, vacating, and discontinuing portion of Branksome Drive in the petition of Holland Office Park and R. G. Moore Building Corporation. 7. FINAL APPROVAL of Ordinance closing, vacating, and discontinuing portion of Old Princess Anne Road in the petition of City of Virginia Reach. 8. reordinance authorizing tax refunds in the amount of $4,321.93. 0. APPOINTMENTS 1. Board of Building Code Appeals 2. Hampton Roads Air Pollution Control District Commission 3. Historical Review Board 4. Housing Board of Appeals 5. Transportation Safety Commission P. UNFINISHED BUSINESS Q. NEW BUSINESS 1. Interim Financial Statements - July 1, 1985, through September 30, 1985. 2. CANCELIRESCHEDULE City Council Meetings during Christmas Holidays R. ADJOURNMENT CITY COUNCIL REGULAR SESSION NOVEMBER 11, 1985 (VETERANS DAY) CANCELLED C&PITAL IMPROVEMENT PROGRAM SCHEDULE DATE EVENT IDOCATION THURSDAY, NOVEMBER 7 WORKSHOP CONFERENCE ROOM 7:00 - 10:00 PM TUESDAY, NOVEMBER 12 PUBLIC REARING PAVILION 7:00 PM MONDAY, NOVEMBER 18 WORKSHOP/RECONCILIATION CONFERENCE ROOM 10:00 AM - NOON MONDAY, NOVEMBER 18 1. PUBLIC HEARING COUNCIL CRAMBERS 2:00 PM (REVENUE SRARING) 2. FIRST READING MONDAY, NOVEMBER 25 FINAL ACTION COUNCIL CHAMBERS 7:00 PM BY SECOND READING 7 Item II-G.1 MINUTES ITEM # 24504 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council APPROVED the MINUTES of November 4, 1985, AS CORRECTED. Item No. 24465 - Page 17: ORDINANCE UPON APPLICATION OF C. E. BASNIGHT, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO A-1. The Description of HOP-IN FOOD STORES, INC. rather than the description of C. E. BASNIGHT, JR., was inadvertently substituted. (Same has been corrected in the original minutes). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Reba S. McClanan Council Members Absent: None November 18, 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia W 0 R K S H 0 P 1986 LEGISLATIVE PACKAGE 4 November 1985 11:00 A.M. The WORKSHOP was called to order by Mayor Harold Heischober in the Conference Room on November 4, 1985, at 11:00 A.M. Mayor Heischober suggested the ADOPTION of the LEGISLATIVE PACKAGE be handled in a similar manner as the CONSENT AGENDA with certain items being pulled for discussion by Council. Councilwoman Oberndorf referenced the SPECIAL TAX DISTRICT issue of the 1986 LEGISLATIVE PROPOSALS and a letter received from the Hotel/Tourist Bureau which indicated their support if the City guaranteed the revenues derived from them should be utilized in their specific district and if they agreed to this tax rate their money would have to be in a special fund and only used for their specific area. Councilwoman Oberndorf wondered if it was legally possible to reserve money specifically for an area of the City on Real Estate Tax. Staff believed an Enterprise Fund could be established for special collection. However, each activity could request this same benefit. The Staff advised, as this entails a CHARTER CHANGE, it will be necessary to hold a PUBLIC HEARING. City Council WILL NOT APPROVE items requiring CHARTER CHANGES-- only AUTHORIZE PUBLIC HEARINGS for same. Councilwoman Henley referenced an error in the RESOLUTION to ADOPT the 1986 LEGISLATIVE PROPOSALS. This RESOLUTION will be amended to include the words: "except those requiring a public hearing' in the fourth paragraph after the words: "requests and recommendations for the 1986 Session." Councilwoman Oberndorf referenced item concerning INCREASED HIGHWAY CONSTRUCTION AND MAINTENANCE FUNDING as to whether there will be further discussions by the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION concerning the willingness to request a Local Option Gasoline Tax and whether any of the Sister Cities would be including this option in their LEGISLATIVE PACKAGE. The Staff will investgate as to the Sister Cities preference. Councilman Jennings referenced the City Manager's letter addressing his concerns relative the Elevated Lanes along Route 44 in the SOUTHEASTERN EXPRESSWAY STUDY. Additional data is not yet available. Councilman Jennings advised the Southeastern Planning District is studying this proposal. Staff suggested after completion of the study of this item a RESOLUTION could be ADOPTED requesting the GENERAL ASSEMBLY consider this as part of the City's LEGISLATIVE PROPOSALS. Councilwoman Oberndorf referenced the final report from the LOCAL GOVERNMENT STUDY COMMISSION and their recommendations. Perhaps this should be included in the LEGISLATIVE PROPOSALS. The Mayor believed this would be under consideration perhaps in the 1987 LEGISLATIVE PROPOSALS. W 0 R K S H 0 P (Continued) Councilman Baum referenced the Request of BETH SHOLOM SANDS, LUTHER MANOR AND RUSSELL HOUSE for TAX-EXEMPT STATUS. Councilman Jennings is sponsoring this particular item and advised these are distinct from similar requests as they are HUD financed. Staff will develop the criteria in connection with TAX-EXEKPT STATUS and a possible Public Hearing to be held on November 25, 1985. This would allow Council time to review same. Councilman Fentress referenced proposed legislation for reduction of PERSONAL PROPERTY for the Elderly and Haudicapped. Mayor Heischober advised a Bill is going to be introduced and has been discussed since June. The State Treasurers and Commissioners of Revenue have been discussing same. This is their ASSOCIATIONS' PROPOSAL. One of the City's Delegates has already agreed to sponsor same. Commissioner Robert Vaughan will address same at the City Council Meeting. Councilman Jennings advised of a problem concerning an interpretation of Business License Tax and calculations concerning Mortgage Bankers. This is levied entirely different from other localities. Staff advised that audits had been performed on a number of these accounts and as a result were able to reduce in a number of instances the original business license interpretation. However, some of these business licenses will continue to be higher. Mortgage Bankers have been moved from the flat fee and are now subject to the gross receipts as most other entities. November 4, 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 4, 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, November 4, 1985, at 12:05 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, J. Henry McCoy, Jr., D.D.S.,and Meyera E. Oberndorf Council Members Absent: Robert G. Jones and Vice Mayor Reba S. McClanan Vice Mayor McClanan was out of the City on personal business Councilman Robert Jones entered the Executive Session at 12:35 p.m. - 2 - ITEM # 24447 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. PUBLICLY HELD PROPERTY: Discussion or consideration of the con ition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by taff .. bers, consultants or attorneys, pertaining to actual or potential litigation, or other legal mattters within the jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council voted to proceed into the EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert G. Jones and Vice Mayor Reba S. McClanan - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 4, 1985 2:10 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, November 4, 1985, at 2:10 p.m. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Vice Mayor Reba S. McClanan INVOCATION: Reverend Lawrence J. Reesman, Ill Bayside Christian United Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 4 1985 - 4 - CITY MANAGER'S ADMINISTRATIVE ITEMS Item II-D.1 CONSENT AGENDA ITEM # 24448 Councilwoman Oberndorf referenced an Ordinance upon FIRST READING to accept and appropriate $832,469 for the installation of the Enhanced 911 Emergeucy Telephone System. (See Item II-N.3 of the Consent Agenda). Councilwoman Oberndorf advised she will distribute copies to Council and the City Manager of information forward by Mrs. Alice Sadler concerning the elderly and the handicapped and the escalating cost of phone service. The Article entitled: "FCC CONSIDERS REDUCED RATE SERVICE FOR LOW-INCOME TELEPHONE CONSUMERS" is hereby made a part of the record. Item II-D.2 CONSENT AGENDA ITEM # 24449 Councilwoman Creech referenced FINAL APPROVAL of an Ordinance closing, vacating, and discontinuing portion of BRANKSOME DRIVE in the petition of HOLLAND OFFICE PARK AND R. G. MOORE BUILDING CORPORATION. (See Item II-N.6 of the Consent Agenda). Councilwoman Creech advised she will VERBALLY ABSTAIN on this item. Item II-D.3 PLANNING ITEM # 24450 The City Manager advised additional information concerning the Request of VIRGINIA BEACH FEDEPAL SAVINGS AND LOAN ASSOCIATION for a WAIVER of a Condition imposed upon a change of zoning has been prepared by staff. (See Item II-I.1 of the Planning Agenda). Item II-D.4 PLANNING ITEM # 24451 The City Manager referenced the Application of EXXON CORPORATION for a Conditional Use Permit for an automobile service station on a one-acre parcel located at the southwest corner of Newtown Road and Baker Road (Bayside Borough) (See Item II-K.2 of the Planning Agenda). The City Manager advised the City Staff requested an additional condition to this Permit. A 10-foot reservation of right-of-way is requested along Newtown Road. Item II-D.5 NEW BUSINESS ITEM # 24452 The City Manager advised a Presentation of the CAPITAL IMPROVEMENT PROGRAM will be added under NEW BUSINESS - 5 - MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS Item II-E.1 ITEM # 24453 Mayor Heischober referenced an addition to the AGENDA. A LIFESAVER 00@ATION will be presented to Duane L. Krohn, Jr., a Fire Fighter with the City of Virginia Beach. This Award will be presented by WOODMAN OF THE WORLD LIFE INSURANCE SOCIETY. - 6 - Item II-F.1 PRESENTATION ITEM # 24454 The RESOLUTION IN CONMENDATION to the UNITED STATES NAVY was DELETED f rom the AGENDA. November 4, 1985 7 Item II-F.2 PRESENTATION -ITEM # 24455 ADD-ON Donald L. Wigfield, Robert Lawrence, and Terry Boyles of the WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY PRESENTED a LIFESAVER COMENDATION to: DUANE L. KROHN, JR. Fire Fighter City of Virginia Beach Mr. Krohn rescued two individuals from a burning car on Shore Drive. The following were in attendance: Duane Krohn, Jr. Patricia Krohn Duane Krohn, Sr. Debbie and Timothy Tibbetts Chief Harry Diezel November 4, 1985 8 Item II-G.1 MINUTES ITEM # 24456 Upon motion by Councilman Baum, seconded by Councilman Robert Jones, City Council APPROVED the Minutes of October 28, 1985. Voting: 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech* Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: Mayor Harold Heischober and Vice Mayor Reba S. McClanan Verbal Aye 9 Item II-H.1 PUBLIC HEARING ITEM 24457 Presiding in the absence of the Mayor, Councilman McCoy DECLARED a PUBLIC HEARING on: Ordinance to amend and reordain Ordinance No. 486, SITE PLAN, by ADDING Section 5A pertaining to PARKING LOT LANDSCAPING. The following spoke concerning this Ordinance: Ted Rivers, Vice President, Virginia Beach Hotel/Motel Association, requested DEFERRAL of this Ordinance. Bruce L. Thompson, Virginia Beach Businessman, spoke in Opposition to said Ordinance. Thomas E. Coghill, Owner Sir Richards Restaurant and various other properties, also spoke in Opposition. There being no further speakers the Mayor CLOSED THE PUBLIC HEARING. - 10 - Item II-1.1 PLANNING - REQUEST FOR WAIVER ITEM # 24458 Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Council will CONSIDER a WAIVER OF A CONDITION imposed upon the Ordinance upon application of VIRGINI.A BEACH FEDEM SAVINCS AND LOAN ASSOCIATION for a Change of Zoning District Classification from R-4 Residential District to 0-1 Office District (Lynnhaven Borough). This WAIVER will be CONSIDERED at the City Council Meeting of November 25, 1985. This application was APPROVED by City Council on March 17, 1980. The Condition requested to be WAIVED is as follows: A 100-foot buffer along the Western property line, where existing trees are to be maintained. The adjacent property owners are to be advised. Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: Vice Mayor Reba S. McClanan November 4, 1985 Item II-J.1 PLANNING BY CONSENT ITEM 24459 Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ALLOWED WITHDPAWAL of an Ordinance upon application of GARLAND E. BENNETT, JR. for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF GARLAND E. BENNETT, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO 0-1 Ordinance upon application of Garland E. Bennett, Jr., for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on the south side of Haygood Road on Lot 30, Block 42, Section Nine, Part Two, Aragona Village. Said parcel is located at 4909 Haygood Road and contains 8575 square feet. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Pentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan - 12 - Item II-J.2 PLANNING BY CONSENT ITEM # 24460 Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of DAVID K. HILLQUIST for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF DAVID K. HILLQUIST FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO H-2 Ordinance upon application of David K. Hillquist for a Change of Zoning District Classification from B-5 Resort-Commercial District to H-2 Resort Hotel District on the northwest corner of Atlantic Avneue and Fourth Street on Lots 1-4 and 7-9, Block 8, Ocean Lot Investment Company. Said parcels are located at 400 and 424 Atlantic Avenue and 205 Fourth Street and 208 Fifth Street and contain 1.16 acres. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan - 13 - Item II-J.3 PLANNING BY CONSENT ITEM # 24461 Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council ALLOWED WITHDRAWAL Of an Ordinance upon application of DONALD E. RELLINS, JR., SUE ANN RELLT.NS, GARY AND REBECCA PECHTIMAIJ)JIAN, NOUBAR PECH AND DOROTHY PECH for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF DONALD E. RELLINS, JR., SUE ANN RELLINS, GARY AND REBECCA PECHTIMALDJIAN, NOUBAR PECH AND DOROTHY PECH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Ordinance upon application of Donald E. Rellins, Jr., Sue Ann Rellins, Gary & Rebecca Pechtimaldjian, Noubar Pech and Dorothy Pech for a Change of Zoning District Classification from R-8 Residential District to A-3 Apartment District on the South side of 23rd Street, 70 feet east of Mediterranean Avenue on the western 9 feet of Lot 14 and Lots 16, 18, 20, 22, 24 and 26, Block 55, Virginia Beach Development Co. Said parcels are located at 508, 510, 512 and 514 23rd Street and contain 28,470 square feet. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan November 4, 1985 - 14 - Item II-K.1 PLANNING ITEM # 24462 John Robertson, Manager of Virginia Electric and Power Company Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of R. L. WEAVER for VIRGINIA IKLECTRIC AND POWER COMPANY for a Conditional Use Permit as per the following: ORDlNANCE UPON APPLICATION OF R. L. WEAVER FOR VIRGINIA ELECTRIC AND POWER COMPANY FOR A CONDITIONAL USE PERMIT R01185791 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. L. Weaver for Virginia Electric and Power Company for a Conditional Use Permit for a Burton Substation on certain property located on the south side of the Norfolk Southern Railroad Right-of-Way, 475 feet west of Baker Road. Said parcel contains 3.40 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. A 10-foot buffer along the adjacent property lines with 8-foot screening. 2. A 10-foot dedication along the frontage on Baker Road, 25 feet from the centerline of the old 30-foot right-of-way is required to provide for a standard 50-foot right-of-way. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of November, Nineteen Hundred and Eighty-five. Voting: 9-0 Council Members Voting Aye: Jobn A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr. and Vice Mayor Reba S. McClanan - 15 - Item II-K.2 PLANNING ITEM # 24463 Attorney James M. Pickrell represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of EXXON CORPORATION for a Conditional Use Permit as per tbe following: ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION R01185792 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Exxon Corporation for a Conditional Use Permit for an automobile service station on certain property located at the southwest corner of Newtown Road and Baker Road. Said parcel contains I acre. Plats with more detailed information area available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. A 15-foot dedication along the frontage on Baker Road, 45 feet from the centerline of the old 30-foot right-of-way is needed to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. 2. Public restroom facilities are to be provided on the site. 3. A ten-foot reservation along Newtown Road. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of November, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan November 4, 1985 - 16 - Item II-K.3 PLANNING ITEM # 24464 Attorney R. J. Nutter represented the applicant Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of HOP-IN FOOD STORES, INC. for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES, INC. FOR A CONDITIONAL USE PERMIT FOR GAS PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE AND A CAR WASH R01185793 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hop-In Food Stores, Inc. for a Conditional Use Permit for gas pumps in conjunction with a convenience store and a car wash on certain property located at the northwest corner of Newtown Road and Baker Road. Said parcel contains 1.067 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. A public restroom shall be provided. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of November, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan 1 7 Item II-K.4 PLANNING ITEM 24465 Upon motion by Councilman Fentress, seconded by Councilman Louis Jones, City Council DENIED an Ordinance upon application of C. E. BASNIGHT, JR. for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF C. E. BASNIGHT, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO A-1 Ordinance upon application of C. E. Basnight, Jr., for a Change of Zoning District Classification from R-7 Residential District to A-1 Apartment District on certain property located at the southwest corner of 16th Street and Baltic Avenue on Lots 38-A and 38-B, Block 18, Lakewood. Said parcel contains 13,914 square feet. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan - 18 - Item II-K.5 PLANNING ITEM # 24466 Attorney Robert Cromwell represented the applicant and requested WITHDRAWAL The following registered in opposition but did not speak and were not opposed to the WITHDRAWAL: Sheridan Barber represented the Courthouse/Sandbridge Civic Coalition Barbara Ferguson represented Hunt Club Forest Lou Pace represented Hunt Club Forest. Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ALLOWED WITRDRAWAL of an Ordinance upon application of SANDRA G. AND DO@ G. PRATT for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF SANDRA G. AND DONALD G. PRATT FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO B-2 Ordinance upon application of Sandra G. and Donald G. Pratt for a Change of Zoning District Classification from R-3 Residential istrict to B-2 Community Business District on certain property located on the east side of General Booth Boulevard beginning at a point 605 feet more or less north of Princess Anne Road. Said parcel is located at 2244 General Booth Boulevard and contains 1 acre. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. This application was heard after Item II-K.6. Ordinance upon application of SITE DEVELOPMENT ASSOCIATES. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. November 4, 1985 - 19 - Item II-K.6 PLANNING ITEM # 24467 Jim Carr represented the applicant and requested WITHDRAWAL. The following registered in opposition but did not speak and were not opposed to the WITHDRAWAL: Barbara Ferguson represented Hunt Club Fores Lou Pace represented Hunt Club Forest Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of SITE DEVELOPMENT ASSOCIATES as per the following: ORDINANCE UPON APPLICATION OF SITE DEVELOPMENT ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Ordinance upon application of Site Development Associates for a Change of Zoning District Classification from R-3 Residential District to B-2 Community-Business District on certain property located on the east side of General Booth Boulevard, 605 feet north of Princess Anne Road. Said parcel contains 12.7 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. This Item was moved forward before the Ordinance upon application of SANDRA G. AND DONALD G. PRATT. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. November 4 1985 - 20 - Item II-K.7 PLANNING ITEM # 24468 Jack Haworth, of Kyrus Realty, represented the applicant and requested WITHDRAWAL of the three applications totaling 11.9 acres (AG-1 to B-2, AG-2 to B-2, and R-3 to B-2) (PRINCESS ANNE BOROUGH). Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council ALLOWFD WITHDRAWAL of Ordinances upon application of RONALD L. AND HOLLY HALL for Changes of Zoning as per the following: ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO B-2 Ordinance upon application of Ronald L. and Holly Hall for a Change of Zoning District Classification fr m@AG-1 Agricultural District to B-2 Community Business District on certain property located 140 feet more or less northwest of General Booth Boulevard beginning at a point 250 feet more or less northeast of the intersection with Princess Anne Road Relocated as shown on the plat entitled "property of Ronald L. Hall" and recorded in Deed Book 1370, Page 32, and Map Book 168, Page 51. Said parcel contains 2.195 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 Ordinance upon application of Ronald L. and Holly Hall for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community Business District on certain property located on the northwest side of General Booth Boulevard, 250 feet more or less northeast of the intersection with Princess Anne Road Relocated as shown on the plat entitled "Property of Ronald L. Hall" and recorded in Deed Book 1370, Page 82, and Map Book 168, page 51. Said parcel contains 1.577 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO B-2 Ordinance upon application of Ronald L. and Holly Hall for a Change of Zoning District Classification from R-3 Residential District to B-2 Community Business District on certain parcels located on the northwest side of General Booth Boulevard at the intersection with Princess Anne Road Relocated as shown on the plat entitled "property of Ronald L. Hall" and recorded in Deed Book 1370, page 82, and Map Book 168, Page 51. Said parcel contains 8.025 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. November 4, 1985 - 21 - Item II-K.7 PLANNING ITEM # 24468 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan November 4, 1985 - 22 - Item II-K.7.b PLANNING ITEM # 24469 Jack Haworth, of Kyrus Realty represented the applicant and referenced the 3.25-acre parcel (R-3 to B-2) (PRINCESS ANNE BOROUGH). He noted a 75-foot buffer was being deeded to the Nimmo Church, leaving a balance of approximately 2.4 acres, I-acre of which he wished zoned B-2 located on the corner, fronting on General Booth Boulevard and Princess Anne Road. The remaining 1.4 acres was requested to be zoned 0-1. Opposition: Lou Pace represented Hunt Club Forest Civic Association Barbara Ferguson represented Hunt Club Forest Civic Association Sheridan Barber represented the Courthouse/Sandbridge Civic Coalition Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council REFERRED BACK TO THE PLANNING COMMISSION for their January 1986 Agenda: ORDINANCE UPON APPLICATION OF RONALD L. AND HOLLY HALL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO B-2 Ordinance upon applicaton of Ronald L. and Holly Hall for a Change of Zoning District Classification from R-3 Residential District to B-2 Community Business District on certain property located at the southeast corner of General Booth Boulevard and Princess Anne Road and shown as "Residue Acreage" on that certain plat recorded in Map Book 168, Page 51, in the Clerk's Office of the Circuit Court. Said parcel contains 3.25 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Councilman Baum requested the Planning Department in this interim also prepare a BRIEFING concerning areas involved with the City's widening of Highways and changing of alignmetits. The procedures concerning seizing this land, severance damages and the City's obligations relative rezoning of the aforementioned residues would be outlined. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan - 23 - Item II-K.8 PLANNING ITEM # 24470 Upon motion by Councilman Fentress, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of the CITY OF VIRGINIA BEACH for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING FROM R-7 TO R-8 Z011851030 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach, Virginia, for a Change of Zoning District Classification from R-7 Residential District to R-8 Residential District on all those parcels now zoned R-7 Residential District located between 15th Street and 16th Street and between Mediterranean Avenue and Parks Avenue and those parcels located between 15th Street and 16th Street beginning at the western boundary of Parks Avenue and running westerly a distance of 400 feet more or less, Subdivision of Lakewood. More detail information is available in the Department of Planning. VIRGINIA BEACH BOROUGHZ Two blocks to the WEST of Cypress Avenue shall be zoned R-8. One block to the EAST of Cypress Avenue shall remain R-7. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourth day of November, Nineteen Hundred and Eighty-five. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan - 24 - Item II-K.9 PLANNING ITEM # 24471 A MOTION was made by Councilman Fentress, seconded by Councilman Jennings to DEFER the following Ordinances for additional study: Ordinance to amend and reordain Ordinance Number 486, Site Plan Ordinance, by ADDING thereto Section 5A pertaining to parking lot landscaping. AND, Resolution to adopt parking lot landscapiug specifications and standards to be utilized in connection with the adiministration of Section 5A, parking lot landscaping, of the Site Plan Ordinance. AND, Ordinance to transfer $71,530 from the reserve for ocntingencies to fund two Landscape Inspection Positious. Upon SUBSTITUTE NOTION by Councilman Baum, seconded by Councilman McCoy, City Council ADOPTED the following Ordinances: Ordinance to amend and reordain Ordinance Number 486, Site Plan Ordinance, by ADDING thereto Seciton 5A pertaining to parking lot landscaping. AND, Resolution to adopt parking lot landscaping specifications and standards to be utilized in connection with the administration of Section 5A, parking lot landscaping, of the Site Plan Ordinance. AND, Ordinance to transfer $71,530 from the reserve for contingencies to fund two Landscape Inspection Positions. Voting: 6-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Barbara M. Henley, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., and Louis R. Jones Council Members Absent: Vice Mayor Reba S. McClanan - 25 - Item II-K.9 PLANNING ITEM # 24471 (Continued) PROVISIONS OF THE ORDINANCE: Interior 1. Fifteen (15) square feet of landscape area set aside for each 9' x 20' parking space. 2. For every 150 square feet accumulated landscape area, one tree shall be planted. 3. In smaller parking lots, these areas would occur in not more than 350 sq. ft. at a time and any excess of 350 sq. ft. in one particular area would not be applicable for credit. In large parking lots that figure would be increased to 1500 square feet. Perimeter 1. A 101 strip between the sidewalk and the parking lot shall be required and landscaped according to standards included in the Ordinance any place that the Parking lot abuts a City Street. 2. The Ordinance allows for a surety to be posted in lieu of the actual installation. There would be administrative allowance for site plans in the design process at this time where the design engineer can certify that he started work before the ADOPTION of the Ordinance. All plans must come into compliance with the standards set forth after ninety (90) days from the adoption of this Ordinance where allowances for processing design plans would be discontinued. AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NUMBER 486, SITE PLAN ORDINANCE, BY ADDING THERETO SECTION 5A PERTAINING TO PARKING LOT LANDSCAPING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance Number 486, Site Plan ordinance, is hereby amended and reordained by adding thereto Section 5A, Parking Lot Landscaping which reads as follows: Section 5A Parking Lot Landscaping. Section 5A.1 Intent. The purpose of parking lot landscaping is to provide landscape areas of plant materials around and within parking lots which are designed to facilitate movement of traffic; to break up large areas of impervious surfaces; to shade, buffer, and screen adjacent properties; to act as a natural drainage system and reduce the amount of storm water run-off; to protect, preserve and promote the appearance, character, and economic value of the surrounding neighborhood and streetscape; and to promote public health and safety through the reduction of noise, air and visual pollution, air temperature, and artificial light glare. Section 5A.2 Applicability. The provisions of this section shall apply to parking lots designed for ten (10) or more spaces. A parking lot shall be defined as any area or structure where motor vehicles are stored for the purpose of temporary, daily, or overnight off-street parking. (a) No new parking lot of ten (10) or more total spaces shall be constructed until a landscape plan of the parking lot has been approved by the administrator of landscape services. The administrator shall not approve any landscape plan submitted to him pursuant to this section unless it conforms to the requirements of this section.- (b) No existing parking lot of ten (10) or more spaces and no existing parking lot of less than ten (10) spaces whose enlarqement will increase it to ten (10) spaces or more shall be enlarged or reconstructed until a landscape plan of the parking lot has been approved by the administrator. Landscaping shall be provided in the e. parkinq area in proportion to its enlargement or reconstruction, and not in proportion to the total parkinq area for the site. The administrator shall not appr ve any landscape plan submitted to him pursuant to this section unless it conforms to the requirements of this section. Section 5A.3 Procedures. (a) Landscape plans submitted pursuant to this section. shall be prepared in the manner specified in this section and in "PARKING LOT LANDSCAPING SPECIFICATIONS AND STANDARDS" and shall be submitted in conjunction with the site developmenl plan. (b) After the landscape plan has been submitted, it shall be reviewed and processed by the administrator for conformance to this section and other applicable regulat@2ns in conjunction with the site development plan as cited elsewhere in this section. Section 5A.4 Interior Coverage Requirements. (a) There shall be provided within the perimeter of the parking lot or between any two (2) parking spaces, a landscaped area or areas which together total fifteen (15) square feet for each - parking space. (b) Trees shall be provided within the landscaped area in the proportion of one (1) tree per one hundred and fifty (150) square feet of total landscaped area, except that any fractional- tree shall not be counted as a whole tree. -2- (c) To encourage dispersement of landscaped areas throughout the parking lot, in parking lots of less than one hundred (100) spaces any portion of a single landscaped area exceeding three hundred fifty (350) square feet shall not be, given credit toward satisfying 5A.4 interior coverage requirements, and in parking.lots of one hundred (100) spaces or more any portion of a single landscaped area exceeding fifteen hundred (1,500) square feet shall not be given credit towards satisfying 5A.4 interior coverage requirements. (d) Planting which is required for screening along the perimeter of any parking lot by the provisions of the comprehensive zoning ordinance or by 5A.5 street frontage requirements shall not be considered as part of the interior landscaping re uirements. (e) Plantings adjacent to a building shall not be given credit towards satisfying the requirements of 5A.4 interior coverage requirements. (f) Provisions of 5A.4 interior coverage requirements, shall not apply to parking garages and areas in industrial uses not devoted to required off-street parking spaces. Section 5A.5 Street Frontage Requirements. (a) In addition to the requirements of 5A.4 interior requirements, landscaping shall be required along any side of a parking lot that abuts the right-of-way of any street more than twenty (20) feet in width. (b) A landscaping strip ten (10) feet in width shall be located between the far edge of the abutting sidewalk as measured from the street, or where there is no sidewalk, from the right-of-way line and the parking lot, except where driveways or- other openings may be required. -3- (c) Trees, hedge forms, and other treatment in accordance with the specifications of the "PARKING LOT LANDSCAPING SPECIFICATIONS AND STANDARDS" shall be placed within the landscaping strip. (d) Where street landscaping required by 5A.5 Street Frontage Requirements conflicts with adequate sight distances required at driveways and street intersections by the comprehensive zoning ordinance, the requlations and provisions of the latter shall govern. (e) The requirements of 5A.5 street frontage requirements shall not apply where planting is required along scenic easements designated on the master street and highway plan. 5A.6 Installation and Bonding Requirements. (a) All required landscaping shall be installed according to the "PARKING LOT LANDSCAPING SPECIFICATIONS AND STANDARDS." (b) Where landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan as certified by an on-site inspection by the administrator. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides to the city a form of surety satisfactory to the city attorney in an amount equal to the remaining plant materials, related materials, and- installation costs (with the costs agreed to by the administrator). (c) All required landscaping must be installed and approved by the first planting season following issuance of certificate of occupancy or bond will be forfeited to the city. -4- (d) The owners and their agents shall be responsible for providing, protecting, and maintaining all landscaping in healthy and growing conditions, replacing unhealthy or dead plant material within one (1) year or by the next planting season, whichever comes first. Replacement material shall conform to the original intent of the landscape plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day Of November 1985. GLF/rab 8/6/85 8/2 9/8 5 (ORD.G) This ordinance shall be effective from the date df adoption. S 4,1E CITY ATTORNEY -5- A RESOLUTION TO ADOPT PARKING LOT LANDSCAPING SPECIFICATIONS AND STANDARDS TO BE UTILIZED IN CONNECTION WITH THE ADMINISTRATION OF SECTION 5A, PARKING LOT LANDSCAPING, OF THE SITE PLAN ORDINANCE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That in the administration of Section 5A, Parking Lot Landscaping, of the Site Plan Ordinance, the Administrator of Landscape Services is hereby authorized and directed to require compliance with the Parking Lot Landscaping specifications and Standards attached hereto as Exhibit A, which specifications and standards are hereby adopted by the Council of the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach on the 4th day Of -November 1985. GLF/rab 8/2 9/8 5 (RES.G) @D 'DAI-,Ol IG@', @ ", ATT"", EXHIBIT A PARK I NG LOT LANDSCAP I NG SPEC I F I CAT I ONS AND STANDARDS Pa rk I n g I ot I a n d sca p I ng a s req u I red I n Sect I on 5A, Pa rk i ng Lot L a n d sca p I ng , of the Site Plan Ordinance shall be provided In conformance with the followlng criteria: A. Interior Covera" Trees required by 5A.4 Interfor Coverage Requirements shall be of the following type and size: 1. Deciduous Treeg Deciduous trees shall be of a species having an average minimum mature crown spread of greater than fifteen (15) feet. A minimum caliper of at least two and one-half (2 112) inches at time of planting shall be required. 2. Evergreen Treeg Evergreen trees shall have a minimum caliper of one and three-fourths (1 3/4) inches at time of planting. B. Street Frontage 1. Trees required by 5A.5 Street Frontage Requirements may vary in size at maturity but shal I conform to the following specif[cations at time of planting: Mature Si7e Max, Space Min, Si7e At Planting Small 15 Feet 6 - 7 Feet Medium 25 Feet 1 1/4 - 1 112 In. Caliper Large 40 Feet 2 - 2 112 In. Caliper 2. Trees of species whose roots are known to cause damage to public works, whose branches are known to be subject to a high incidence of breakage, and whose fruit Is considered a nuisance or high mainte- nance shall not be utilized. 3. Continuous hedge forms shall be planted between the trees. The hedge forms shall have a minimum height of two (2) feet at time of planting. In lieu of providing hedge forms, walls shall be constructed of natural stone, brick or artificial materials arranged In a I inear, serpentine, or other a[ ignment; whi [e fences shal I be constructed of wood. Chain-I ink fences may not be used to meet the requirements of this section. Minimum height of walls or fences shall be three (3) feet. C. Plant Materfaig All plant materials shall be living plants (artificial plants are prohibited), and shall meet the following requirements: 1. Ouality Plantmaterfaisused lnconformancewiththeprovision of these standards shall conform to the standards of the most recent edition of the "American Standard for Nursery Stock", published by the American Association of Nurserymen. 2. Recommended Treez A I I st of recommended trees by group I s ava I I ab I e from the Landscape Services Division. 3. Shrubs Shrubs shal I be at least twelve (12) Inches In height and width at time of plantlng. 4. Hedge Eorms Plant materials for hedge forms shal I be at least two (2) feet in height at time of planting. 5. Vines Vines shall be at least six (6) Inches in length at tlme of plantlng and are general ly used In conjunction with walls or fences. 6. Grass or Oround Cover Grass of a perenn i a I natu re sha I I be p I anted I n spec i es norma I I y grown as permanent I awns I n V I rg I n I a Beach and may be sodded, plugged, sprigged, or seeded. Where applicable, the requirements of the Erosion Sedimentation Control Standards and Specifi- cations shall be met. Grass sod shal I be clean and free of weeds and noxious pests or diseases. Ground covers shall be planted in such a manner as to present a finished appearance and seventy-five (75) percent of complete coverage after two (2) complete growing seasons, wlth a maximum of fifteen (15) inches on canter. I n certa 1 n cases, i f approved by the review agent, ground cover also may consist of rocks, pebb I es, sand and s I m i I ar approved mater 1 a I s. D. Installation All landscaping shall be Installed In a sound, workmanship-like manner and according to accepted, good planting practices and procedures with the qual !ty of plant materials as hereinafter described. Landscaped areas shal I require protection from vehicular encroachment by such means as, but not I lmited to, wheel stops or concrete or bituminous curbs. Plant material requiring support for proper growth shal I be Installed as directed by the following specifications. 1. Setting Plants Unless otherwise specified, all plants should be planted In pits, centered and set on six (6) Inches of compacted topsoil to such a depth that the finished grade level at the plant after settlement w I I I be the same as that at wh !ch the p I ant was grown. They should be planted upright and faced to give the best appearance or relationship to adjacent plants. Wire and surplus binding from top and s i des of the ba I Is shou I d be removed. Roots of bare root plants only shal I be spread in their normal position. All broken or frayed roots should be cut off cleanly. Topsoil should be placed and compacted carefully to avoid Injury to roots and to fill all voids. When the hole Is nearly filled, add water as necessary and al low It to soak away. Fill the hole to finished grade and form a shallow saucer around each plant by placing a ridge of topsoil around the edge of each pit. After the ground settles, additional topsoil should be filled into the level of the finished grade. 2 2. Stakinn- Gu)4ino and Wrappina Materials Stakes - Stakes for supporting trees should be two and one-half (2 1/2) Inches square or round, by eight (8) feet sound wood, creosoted one-half (1/2) their length or painted rib-back posts. Wire - Wire for guys or fastening trees to stakes should be No. 12 gauge, pliable, gaivanized Iron. Hose - Hose to encase guys or wires, used for fasteningtreestostakesshouldtotwo-plyreinforced rubber garden hose. Wrapping - Wrapping for tree trunks should be woven aluminum screen wire, 18 x 14 mesh, lacquer-coated, or kraft-paper burlap. Stakinci Stakes should be equally spaced about each tree, and the end (treated with wood preservative) shall be driven vertically Into the ground to a depth of two and one-half (2 112) to three (3) feet In such a manner as not to Injure the ball or roots. Trees should be fastened to each stake at a height of about five (5) feet by means of two (2) strands of wire. Wrapping Trunks of al I shade trees should be wrapped from thegroundtotheheightof thefirststrongcomplement of branches. Wrapping material should be wound twice around the trunk and fastened with twine at the base and top. 3. Ground Cover Bed, Ground cover should be planted In beds having a minimum depth of six (6) inches of topsoil above the subsoil. The topsoil used should be thoroughly mixed with one-third (1/3) peatand I lghtlycompacted. Plants should be evenly spaced and set to finished grade level after settlement. 4. Mulching Al I plants should be mulched within two (2) days after planting. The approved mulching materials can either be organic or inorganic. E. The owner of the property shall be responslble for the continued proper maintenance of al I landscaplng materials, and shal I keep them in a proper, neat, and orderly appearance, free from refuse and debris at all times. A I I unhea I thy, 50% or more dead or comp I ete I y dead, p I ant materials shall be replaced within one (1) year or by the next planting period, whichever comes first. All landscaped areas should be provided with a readily avallable water supply. Maintenance should include weeding, cultivating, mulching, tightening and repairing of guys and stakes, resetting plants to proper grades or uprlght position, restoration of the planting saucer, ferti I lzing, pruning, and other necessary operations. Maintenance should begin Immediately fol lowing the last operation of Installation for each portion of lawn and for each plant. 3 F. y-Trianole Requirements As specif ied In the Comp rehens l ve Zon Ing Ordinance,vIs lb 1 1 [tytr!ang l es, w Ith In wh Ich not hi ng shaII be erected, placed, parked, pl anted or allowed to grow In such a manner as to impede vision between a height of two and one-half (2 112) and eight (8) teet above the center I lnes of intersecting trafficways shall be provided as follows: 1. Street Intersections A vIs lb 1 II ty trfangle shaII be required at aII street Intersections including at least the area within the first twenty (20) teet along the Inter- secting rights-of-way (projected If rounded) and a line connecting the ends of such twenty-foot line. Where the sidewalks have been provided within the right-of-way line, vision clearance measurements shall be taken from the curb line, rather than the right-of-way line. 2. Intersections of Driveways with Streets No wall, fence or other structure shall exceed a height of thirty (30) inches above the finished elevation of a driveway within a visibility triangle created by measuring ten (10) feet In from the Intersection of a driveway boundary and property I lnes away from the driveway with the end of the two (2) ten-foot line connected In a straight line to form the visibil lty triangle. The thirty-inch height for any portion within the triangle shall be computed from the elevation of the driveway which I s perpend lcu I ar to that port ion of wa I I or structure within the triangle. G. Plan Suhmis5.ion and Approval Whenever any property is affected by these landscaping standards, the property owner or developer shall prepare a landscape plan for submission In conjunction with a site development plan. 1. Plan Content The contents of the landscape plan shall Include the following: Landscape plans shall clearly show and label by name and dimension all existing and proposed property lines, easements, bu 1 1 d I ngs, and other structures, veh lcu I ar u se a rea s ( I nc I u d I ng pa rk I ng sta I I s, driveways, service areas, square footage etc.) and landscape materials (including height, width or caliper, whichever is more appropriate, at planting time, and on-center planting dimensions for all plants). All plant material is to be listed In a "Planting Schedule". Title box with the pertinent names and addresses (property owner, engineer, deslgner, scale, date, north arrow). 2. Sffite Plan Approval Where landscaping is requlred, no site plan shall be approved until the requlred landscaping plan has been submitted and approved by the Administrator, Landscape Services Division. 4 RECOMMENDED LIST OF TREES SMAI-L TREES Cornus florida Flowering Dogwood (white) Cornus florida rubrua Flowering Dogwood (pink) Crataegus phaenopyrum Washington Hawthorn Malus floribunda Japanese Flowering Crab Prunus serrulata Kwanzan Kwanzan Cherry Quercus robur fastigiata Pyramidal English Oak Koelreuteria paniculata Golden Rain Tree Lagerstromela lndica Crape Myrtle Cornus kousa Korean Dogwood Cornus mas Cherry Bark Dogwood Chionanthus virginicus White Fringe Tree MEDILIM TREES Acer rubrum "October Glory" "October Glory" Red Maple Acer rubrum columnare Columnare Red Maple Gleditcia tricanthos lnermis. Shademaster Shademaster Thorn less HoneyLocust Tillia Cordata Little Leaf Linden Tillia cordata greenspire Greenspire Linden Pyrus calleryana Gallery Pear Pyrus calleryana "Bradford" "Bradford Pear" Ginko biloba Ginko (Male Variety) Nyssa sylvatica Sour Gum Metasequoia glyptostroboides Dawn Redwood LARGE TREES Acer saccharum Sugar Maple Acer saccharum columnare Columnare Sugar Maple Platanus occidentalis American Sycamore Platanus acerfolia London Plane Tree Fraxinus lanceolata Green Ash Fraxinus lanceolata "Marshalls Seedless" Green Ash "Marshalls Seedless" Quercus nigra Water Oak Quercus phellos Willow Oak Quercus velutina Black Oak Quercus macrocarpa Bur Oak (favors moist soil) Ceitis occidentalls Common Hackberry Zelkova serrata Japanese Zelkova Zelkova serrata "Village Green" "Village Green" Zelkova Pinus carilaea Slash Pine Pinus taeda Loblolly Pine Cedrus atiantica Atlas Cedar Cedrus deodara Deodara Cedar Celtus occidentalls Hackberry Fagus grandlfolia American Beech Lirlodendron tullpffera Tulip Poplar Magnolia grandiflora Southern Magnolia Quercus montana Chestnut Oak Quercus accutissim Saw Tooth Oak 5 z i- z 0 AN ORDINANCE TO TRANSFER $71,530 FROM THE RESERVE FOR CONTINGENCIES TO FUND TWO LANDSCAPE INSPECTION POSITIONS WHEREAS, the City of Virginia Beach desires to enhance community aesthetic qualities through landscaping oriented measures and enforcement of a parking lot landscape ordinance, and WHEREAS, in conjunction with the parking lot landscape ordinance the General Services Department has indicated the need for two additional positions to administer the ordinance, review parking lot landscape plans and conduct on-site inspections for enforcement purposes, and WHEREAS, the positions will require office space, office fur- nishings, two compact pick-up trucks with communications radios, and temporary clerical support, and WHEREAS, there are sufficient funds appropriated in the Reserve for Contingencies budgeted for fiscal year 1985-86 to fund the positions. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $71,530 are hereby transferred from the fiscal year 1985-86 Reserve for Contingencies to fund these positions. BE IT FURTHER ORDAINED, that two landscape inspection positions be created for the General Services Department for the 1985-86 fiscal year. This ordinance shall be in effect from December 16, 1985. Adopted by the Council of the City of Virginia Beach on the 4th day of November 19 85 - 26 - Item II-K.10 PLANNING ITEM # 24472 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED the following Ordinance: Ordinance to amend and reordain Article 2, Section 203 of the COMPREHENSIVE ZONING ORDINANCE pertaining to off-street parking requirements Voting: 8-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: Vice Mayor Reba S. McClanan AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 203 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO OFF-STREET PARKING REQUIREMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIP, BEACH, VIRGINIA: That Article 2, Section 203, Off-Street parking requirements, of the C.Z.O. be amended and reordained in part as follows: 203. Off-street parking requirements (a) General standards. Any off-street parking space shall have minimum dimensions of nine (9) by tweRty-@204 eighteen (18) feet; provided that minimum dimensions for parallel parking spaces shall be nine (9) by twenty-two (22) feet. Each space shall be unobstructed, shall have access to a street and shall be so arranged that any automobile may be moved without moving another, except in the case of parking for one and two family dwellings and in the case of parking for employees on the pre- mises. All spaces shall be provided and maintained with an all-weather surface except in the case of parking for one and two family detached dwellings. Where parking areas are illuminated, all sources of illumination shall be so shielded as to prevent any direct reflection toward adjacent premises in residential, apart- ment, or hotel districts. In addition: (1) Parking areas for three (3) or more automobiles shall have individual spaces marked except in the case of parking for one and two family detached dwellings, and spaces shall be so arranged that no maneuvering directly incidental to entering or leaving a parking space shall be on any public street, alley, or walkway. (2) Minimum aisle widths required for parking areas shall be according to the following table: Parking Angle Aisle Width (in degrees) (in feet) 0-44 12 45-59 13.5 60-69 18.5 70-79 19.5 80-89 21 90 22 (b) Parking for accessory uses. Unless otherwise specified in the district regulations, accessory uses shall confonn to the parking requirements applicable to such uses, which requirements shall be in addition to any parking required of the principal use. (c) Comercial vehicular parking. Parking of a commercial vehicle in residential or apartment districts shall be prohibited, except that one commercial vehicle of one ton or less may be parked on any lot where there is located a main building by a resident of the premises. This restriction shall not apply to commercial vehicles during the normal conduct of business or in the delivery or provi- sion of service to a residential area. (d) Requirements for handicapped access. The following requirements shall be applicable for all public and nonresidential buildings: (1) Off-street parking requirements for handicapped persons shall be in accordance with the following table: Required Number of Accessible Total Parking in Lot Spaces up to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total over 1,000 20 plus I for each 100 over 1,000 (2) Parking spaces for handicapped persons shall have a minimum dimension of twelve (12 by twenty-@2()4 eighteen (18) feet, and shall be clearly marked "Handicapped Parking Only." Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of November 1985. APP 0 C)BUTENT fS TO FPR* 'b" id C:!-fY AffOkNEY - 26 - Item II-L.1 ITEM # 24473 RESOLUTION INDUSTRIAL DEVELOPMENT REVENUE BOND Attorney Charles Salle' represented the Industrial Development Authority. Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED the following Resolution approving the issuance of INDUSTRIAL DEVELOPMENT REVENUE BONDS by the Virginia Beach Development Authority: F. C. ASSOCIATES $ 11,000,000 Attorney Charles Salle' referenced a correction to the SUMMARY SHEET of the aforementioned application: The ENTIRE parcel is zoned 0-1 NOT R-3 as referenced. Conditional Use Permits for a HOME FOR THE ELDERLY and a NURSING CENTER equaling 400 units have been secured Voting: 10-0 Council Menibers Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan 10/15/84 Item 22646 to 22657 cross-ref. 9/26/85 Item 24106 November 4, 1985 SUNINtARY SHEET CITY OF VIRGINIA BEACH DEVELOPNIENT AUTHORITY NIULTI-FA@IILY RENTAL HOUSING BOND 1. Project Name: FC ASSOCIATES, a Virginia General Partnership In Formation 2. Project Location: 19.4 ACRES OF LAND LOCATED IN LYNNHAVEN BOROUGH, BEING DESIGNATED AS 1001 CATIELOT DRIVE, VIRGINIA BEACH, VIRGINIA 3. Description of Project: AN APPROXIMATELY 400 UNIT MULTI-FAMILY RESIDENTIAL RENTAL FACILITY 4. Amount of Bond Issue: $11,000,000.00 5. Principals: FC ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP WILL BE @IADE UP OF GENERAL PARTNERS WITH INTEREST AS FOLLOWS: JEFF McKAIN AND PAUL KARSERAS 51%; BARRY FINE AND HOWARD GRAY 24%; GRAYSON M. WHITEHURST. JR. 10%; AND LAWRENCE R. SIEGEL 15% 6. Zoning Classification: (a) Present zoning 7.501 acres presently zoned classification of 0-1 and under a conditional the property? use permit for 250 nursing care units and 150 hospital units; with balance of property zoned R-3 with the same conditional use permit. (b) is rezoning proposed? Yes No x (e) If so, what zoning classification? N/A REDA/5263.3.C FISCAL INIPACT ST.@VFENIEN'f F01i PltOi'OSED NLULTI-FA@MILY RENTAL IIOUSING BOND FINANCLNG I)A@CE: O(TFQBER 8, 1985 TO: TfiE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PRL)JECT NA@1E: FC ASSOCWPES, A VIRGINIA GENERAL PALITNERSHIP ,ryt,E OF FACILITY: 400 UNIT ?,IULTI-FAMILY HOUSING RENTAL FACILITY I Maximum ainount of financing sought $11,000,000.0(i Estiniated taxable value of the facility's $11,000,000.L)U real property to be constructed irl thv municipality 3. Estiiiiat(,,d real property tax per year using s 88,000.UO pre -,nt tax rates 4. Estimated personal property tax per year $ 24,000.00 usirig present tax rates 5. Estitnated merchants' capital (business $ 10,000.00 license tax per year using present tax rates 6. Estimated dollar value per year of goods $ 1,900,000.UO and services that will be purchased locally Estimated number of regular employees on 110 year round btisis 8. Average annual salary per employee $ 8,200.00 @Me infortnation contained in this Statement is based solely oil I and @-tiniates provided by the Applicant, and the Authoi,ity tilis iiii,(je no ijiciependent investigatiori witil respect ttlereto. City of Viri,,inia Beach Developmeiit Authority By Chairman IIL@ C)A /5263.2. C EST@ r T 3 2 -LIEN YACHT @23454 CAV & COUNTM CLUB GL CLII, 3E PROJECT NAME: FC ASSOCIATES, a Virginia General Partnership PROJECT ADDRESS: 1001 Camelot Drive Virginia Beach, VA TYPE OF PROJECT: 400 unit inulti-family rental project RESOLUTION APPROVING THE ISSUANCE OF RAULTI-FAMILY RENTAL HOUSING BONDS FC ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of FC Associates, a Virginia general partnership in formation (the "Purchaser") for the issuance of the Authoritv's multi-family rental housing bonds in an amount not to exceed Eleven Minion Dollars ($11,000,000-00) (the "Bonds") to assist in the financing of the Purchaser's acquisition, construction and development of an approxima- tely 400 urdt multi-family residential rental facility to be located on approximately 19.4 acres of land located at 1001 Camelot Drive, Lynnhaven Borough, Virgiriia Beach, Virginia, and after proper notice in a newspaper of general circulation has held a pubiie hearing thereon on October 8, 1985 pursuant to Section 15.1-1378.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the acquisition, construction and development of the Facility and the issuance of the Bonds in compliance with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reaso- nabiV detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the Cit)r of Virginia Beach, Virginia, appro- ves the acquisition, construction and development of the Facility and the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of FC Associates to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. -1- 2. The approval of the issuance of the Bonds, as required by Section ln3(k), does not constitute an endorsement of the Bonds or the creditworthinet3s of the Purcharer; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, 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 monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonw@th, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virgiriia Beach, Virginia on M%1/2WxN, 1985. November 4, REDA/5263.4.C -2- - 27 - Item II-L.2 RESOLUTION ITEM # 24474 1986 LEGISLATIVE PACKAGE Rae LaSesne, Concerned Citizen, spoke concerning Charter Changes RESOLUTION to ADOPT the 1986 Legislative Package - REVISED AND @ED. Upon motion by Councilman Jennings, seconded by Councilman Fentress, City Council ADOPTED all STATEWIDE ISSUES, except B (INCREASED HIGHWAY CONSTRUCTION AND MAINTENANCE FUNDING), as per the following: A. FUNDING OF EDUCATION c MUNICIPAL POWERS D. ADMINISTRATIVE COSTS OF LOCAL SOCIAL SERVICES DEPARTMENTS. E. ALTERED SUSPENSION SYSTEMS ON TRUCKS F. BLOOD ALCOHOL CONTENT AND DRIVING UNDER THE INFLUENCE ARRESTS G. BOATING WHILE INTOXICATED H. ELECTRONIC WEAPONS (STUN GUNS) I HAULING OF MATERIALS ON HIGHWAYS J. INCENTIVES FOR INSTALLATION OF SPRINKLER SYSTEMS. K. MINING AND MILLING OF URANIMUM L. PROBATIONER BEEPERS M. PROPOSED CONTRABAND FORFEITURE ACT. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach, Virginia, has reviewed the presentation concerning certain legislative proposals; and WHEREAS, after due consideration, the Council is of the opinion that such proposals would be beneficial to the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the document attached and entitled "CITY OF VIRGINIA BEACH 1986 LEGISLATIVE PROPOSALS" presented for consideration to the 1986 Virginia General Assembly is hereby endorsed by the Council as the City's official legislative requests and recommendations for the 1986 session, except those requiring a public hearing. The City Clerk is directed to forward a copy of this resolution with the proposals to each member of the General Assembly representing the City of Virginia Beach, Virginia. Revised and ADOPTED: Novembpr 4 IQR9 JDB/rab 1 0/23/8 5 11/4/85 (RES. 5) PRELIMINARY DRAFT Rev. 10-30-85 I N D E X 1986 LFGISLATIVE PROPOSALS ISSUES OF STATEWIDE IKPORTANCE PRTORTTY TTMS A Funding of Education B Increased Highway Construction and Maintenance Funding c Municipal Powers MRER YSSURS D Administrative CostS of Local Social Services Departments E Altered Suspension Systems on Trucks F Blood Alcobol Content and Driving Under the Influence Arrests G Boating While Intoxicated H Electronic Weapons (Stun Guns) I Hauling of Materials on Highways i Incentives for Installation of sprinkler Systems K Mining and Milling of Uranium L Probationer Beepers m Proposed Contraband Forfeiture Act Alphabetical Order - 28 - Item II-L.2/b. RESOLUTION ITEM # 24475 1986 LEGISLATIVE PACKAGE Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council APPROVED the following: Item B INCREASED HIGHWAY CONSTRUCTION AND MAINTENANCE FUNDING as it relates to the $500 MILLION BOND ISSUE which could be financed by a two cents per gallon gasoline tax. (This is referenced in PARAGRAPH ONE under RECOMMENDATION). AND, Item B INCREASED HIGHWAY CONSTRUCTION AND MAINTENANCE FUNDING as it relates to developers participating in off-site road improvements. (This is referenced in PARAGRAPH THREE under RECOMKENDATION.) Voting: 8-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: H. Jack Jennings, Jr. Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan A MOTION was made by Councilman Jennings to add the verbage: "The funds would be exclusively utilized for local highway construction needs." This verbage would be added to Item B INCREASED HIGHWAY CONSTRUCRION AND MAINTENANCE FUNDING. This MOTION failed for lack of a SECOND. - 29 - Item II-L.2/c. RESOLUTION ITEM # 24476 1986 LEGISLATIVE PACKAGE Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council APPROVED the following: Item B INCREASED HIGHWAY CONSTRUCTION AND MAINTENANCE FUNDING as it relates to a Local Option Tax on Gasoline up to four cents per gallon. (This is referenced in PARAGRAPH TWO under RECO ATION). Voting: 7-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: H. Jack Jennings, Jr. and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan November 4, 1985 - 30 - Item II-L.2/d. RESOLUTION ITEM # 24477 1986 LEGISLATIVE PACKAGE Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council ADOPTED all ISSUES OF INTEREST TO VIRGINIA BEACH, except A, B, E AND 0 which are CHARTER. CHANGES and subject to PUBLIC HEARINGS AND except C WATER POLICY LEGISLATION as per the following: D. ABANDONED VEHICLES F. BUSINESS LICENSE TAX ON MINI WAREHOUSES. G. DAY USE OF SEASHORE STATE PARK. H. INDIGENT HEALTH CARE. I. MISSING CHILDREN INFORMATION CLEARING HOUSE. J. PARCEL IDENTIFICATION NUMBER (PIN). K. PENDLETON CHILD SERVICE CENTER. L. PRECIOUS METALS, PAWNSHOPS AND SECOND-HAND DEALERS. M. PRORATION OF PERSONAL PROPERTY TAX. N. SOUTHEASTERN EXPRESSWAY. P. VIRGINIA BEACH ARTS CENTER. VOting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan I N D E X 1986 LEGISLATIVE PROPOSALS ISSUES OF INTEREST TO VIRGINIA BEACH PRIORITY ISSUM A The General Obligation Bonding Autbority B Tree Protection Ordinance c Water Policy Legislation OTHER TRSUES D Abandoned Vehicles E Amortization of Non-Conforming Signs F Business License Tax on mini warehouses G Day Use of Seashore State Park H Indigent Health Care I Missing Children Information Clearinghouse i Parcel Identification Number (PIN) K Pendleton Child Service Center L Precious Metals, Pawnshops and Second-Band Dealers m Proration of Personal Property Tax N Southeastern Expressway 0 Special Tax District p Virginia Beach Arts Center Alphabetical Order - 31 - Item II-L.2/e. RESOLUTION ITEM # 24478 1986 LEGISLATIVE PACKAGE Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council APPROVED the following subject to a PUBLIC HFARING ou November 18, 1985: Item A THE GENERAL OBLIGATION BONDING AUTHORITY. Voting: 6-3 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S.. Council Members Voting Nay: Barbara M. Henley*, H. Jack Jennings, Jr.*, and Meyera E. Oberndorf* Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan - 32 - Item 11-L.2/f. RESOLUTION ITEM # 24479 1986 LEGISLATIVE PACKAGE Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council APPROVED the following, subject to a PUBLIC HEARING on November 18, 1985: B. TREE PROTECTION ORDINANCE. E. AMORTIZATION OF NON-CONFORMING SIGNS. 0. SPECIAL TAX DISTRICT. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan - 33 - Item II-L.2/g. RESOLUTION ITEM # 24480 1986 LEGISLATIVE PACKAGE Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council DELETED the following from the 1986 LEGISLATIVE PROPOSALS C. WATER POLICY LEGISLATION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan - 34 - Item II-L.2/h RESOLUTION ITEM # 24481 1986 LEGISLATIVE PACKAGE ADD-ON Robert P. Vaughan, Commissioner of the Revenue, distributed letters in support and information relative an exemption of personal property tax for elderly and handicapped persons. This information is hereby made a part of the record. Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council ENDORSED a Constitutional Amendment to give Local Option to the Commissioner of Revenue to prorate exemption of Personal Property Tax for elderly and handicapped persons AND to authorize the Staff to include this item under "STATE-WIDE" issues of the 1986 LEGISLATIVE PROPOSALS. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr., D.D.S. - 35 - Item II-L.2/i RESOLUTION ITEM # 24482 1986 LEGISLATIVE PACKAGE The following spoke concerning Tax-Exempt Status for Beth Sholom Sands, Luther Manor and Russell House: Pinckey Cooke, represented LUTHER MANOR Mary Ellen Cox represented RUSSELL HOUSE Vann H. Lefcoe represented BETH SHOLOM HOUSING CORPORATION Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council SCHEDULED a PUBLIC REARING for 7:00 P.M., November 25, 1985, concerning TAX EXEMPT STATUS for BETH SHOLOM HOUSING CORPORATION, THE RUSSELL HOUSE, AND ZION PLACE, INC. T/A LUTHER MANOR Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan - 36 - Item II-M.1 ORDINANCE ITEM # 24483 Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council ADOPTED the following: Ordinance authorizing and directing the City Manager to execute an addendum to the existing Engineering Agreement between the City of Virginia Beach and C. E. MaGuire for the continuation of financial and engineering services related to the Lake Gaston Project. Voting: 6-1 Council Members Voting Aye: John A. Baum, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: Nancy A. Creech, Robert E. Fentress, H. Jack Jennings, Jr., and Vice Mayor Reba S. McClanan November 4 1 z z 0 0 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE EXISTING ENGINEERING AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND 0 CE MAGUIRE FOR THE CONTINUATION OF FINANCIAL AND ENGINEERING SERVICES RELATED TO THE LAKE GASTON PROJECT WHEREAS, the City Council of the City of Virginia Beach has previously directed the saff to proceed with the detailed design and engineering of the Lake Gaston Project; and WHEREAS, the City Council of the City of Virginia Beach has also directed the staff to prepare a detailed analysis of the concept and feasibility of a water system impact fee including the determination of the magnitude of the fee and the distribution of the fee across various water customer classes. NOW, THEREFORE, BE IT ORDAINED that the City Manager is hereby authorized directly to execute an addendum to the existing agreement between the City of Virginia Beach, Virginia, and CE Maguire, Inc. for services related to the Lake Gaston Water Supply Project, dated August 28, 1984, in the amount of $350,000 (Three Hundred and Fifty Thousand Dollars) for the continuation of the necessary financial and engineering analyses as described below: 1. Geotechnical Field Work (partial) $250,000 2. Water Quality Monitoring (on-going) 25,000 3. Technical Support of Legal Counsel 25,000 4. Detailed Water System Impact Fee Analysis 50,000 TOTAL $350,000 Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of November 1985. JDB/rab 1 0/3 0/8 5 (ORD I) - 37 - Item II-N CONSENT AGENDA ITEM # 24484 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7 and 8. Item I was deleted from the Agenda. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan - 38 - Item 11-N-1 CONSENT AGENDA ITEM # 24485 The following item was DELETED from the Agenda: Resolution of Commendation: United States Navy Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan - 39 - Item II-N-2 CONSENT AGENDA ITEM # 24486 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council APPROVED the following Ordinance: Ordinance upon FIRST READING to accept and appropriate $42,000 from the Department of Corrections for an expansion of the Community Diversion Incentive Program. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan November 4 1985 AN ORDINANCE TO ACCEPT $42,000 FROM THE DEPARTMENT OF CORRECTIONS FOR AN EXPANSION OF THE COMMUNITY DIVERSION INCENTIVE PROGRAM AND TO APPROPRIATE THESE FUNDS. Vlhereas, the Council of the City of Virginia Beach is ted in providing cost effective alternatives to incarce- ration for misdemeanants and felons; and WHEREAS, the Virginia Department of Corrections has established the Community Diversion Incentive Program which has operated in the city for a number of years; and WIIEREAS, the Department of Corrections has made available additional funds for misdemeanant diversion; and WHEREAS, the Department of Corrections has also approved the expansion of the felon segment of the Community Diversion Incentive Prograri; and WHEREAS, there is no match required. NOW, TliEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized to accept an additional $42,000 from the Department of Corrections for the City, and funds are hereby appropriated for the following purposes: Community Diversion Program, Misdemeanant Expansion Estimated Revenue from Other Agencies: $42,000 Local Match 0 Total Appropriations $42,000 BE IT FURTHER ORDAINED that three additional personnel positions are hereby authorized for the duration of the grant to be paid from the grant with the class of the employees to be determined by the City Manager. FIRST READING: November 4, 1985 SECOND READING: Adopted by the Council of the City of Virginia Beach on the day of 1 1985 - 40 - Item Il- N-3 CONSENT AGENDA ITEM # 24487 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council APPROVED the following Ordinance: Ordinance upon FIRST READING to accept and appropriate $832,469 for the installation of the Enhanced 911 Emergency Telephone System. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan November 4, 1985 AN ORDINANCE TO APPROPRIATE $832,469 FOR THE INSTALLATION OF THE ENHANCED 911 EMERGENCY TELEPHQNE SYSTEM WHEREAS, City Council desires to provide citizens with the most expedient access to emergency police, fire and rescue services through the enhanced 911 emergency telephone system, and WHEREAS, the implementation of Lhis number will require the expenditure of $832,469 for improvemenls and equipment additions to the Continental Telephone network and the Police Co=unications system, and WHEREAS, since the State Code provides for a special telephone utility tax rate for the implementation of the enhanced 911 emergency telephone system, appropriations for the improvements and equipment addi- tions can be supported by a corresponding increase in estimated revenues from Utility Taxes, and WHEREAS, since Council has decided to apply the rate increase upon implementation, the initial funding will be borrowed from the General Fund in order to pay expenses incurred. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $832,469 are appropriated for the implementation of Lhe enhanced 911 emergency telephone system to be offset from estimated revenues from Utility Taxes. BE IT FURTHER ORDAINGD that the City Manager is hereby authorized to enter into the necessary agreements and contracts to proceed with the implemenation of the enhanced 911 emergency telephone system. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 18 day of November 19 85 FIRST READING: November 4, 1985 SECOND READING: November 18, 1985 KAR/13 ORD4-1 - 41 - Item 11-N-4 CONSENT AGENDA ITEM # 24488 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED the following Ordinance: Ordinance to authorize a temporary encroacbment into a portion of the right-of-way of Carolina Avenue to Robert J. McNeil and Deborah K. Mc-Neil, their heirs, assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroacbment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. A highway permit must be obtained and a bond posted prior to commencing work within the City's right of way. 5. No open cut of a public roadway shall be allowed except under extreme circumstances, such exceptions shall be submitted to the Highway Division for final approval. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF CAROLINA AVENUE TO ROBERT J. McNEIL AND DEBORAH K. McNEIL, THEIR HEIRS, 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, Robert J. McNeil and Deborah K. McNeil, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of Carolina Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private 2" P.V.C. sanitary sewer force main, a 1" P.V.C. water main, and a water meter to be located on lot 3, subdivision of lot 14 of Col. L.D. Starke's Farm and that said encroachment shall be constructed and maintained 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 a portion of the City's right-of-way known as Carolina Avenue, on the certain plat entitled: "SITE PLAN LOT 3 SUBDIVISION OF LOT 14, PLAT OF SUBDIVISION OF COL. L.D. STARKE'S FARM LYNNHAVEN BOROUGH, VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA. M.B. 66 P. 39 SCALE 1"=30' 6 SEPT. 1985 MADE FOR JEFF McNEIL,ll a copy of which is on file in the 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 Robert J. McNeil and Deborah K. McNeil, their heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from the City's right-of-way of Carolina Avenue and that Robert J. McNeil and Deborah K. McNeil, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Robert J. McNeil and Deborah K. McNeil, their heirs, 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, that this ordinance shall not be in effect until such time that Robert J. McNeil and Deborah K. McNeil execute an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4th day of November 19 85 GLF/rab 10/11/8 5 (29H) COPIYENT -2- . ........ ... ..... .. SITE PLAN Lor 3 LOT I., PL.' OF S.@Dil#S ON OF COL. L D STAIII,, A,, ol VIROINiA AVE, (30'RIW) - 42 - Item II-N-5 CONSENT AGENDA ITEM # 24489 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council APPROVED AN EXTENSION FOR COMPLIANCE of 90 days until the City Council Meeting of February 3, 1986, upon an Ordinance closing, vacating and disco-itinuing a portion of Silverleaf Drive in the petition of the City of Virginia Beach as per the following: Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Silverleaf Drive located at the Southwest Intersection of Silverleaf Drive and Holland Road. Said parcel contains 26,221 square feet. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan - 43 - Item II-N-6 ITEM # 24490 CONSENT AGENDA Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Branksome Drive in the petition of Holland Office Park and R. G. Moore Building Corporation as per the following: Application of R. G. Moore Building Corp., for the discontinuance, closure and abandonment of a portion of Branksome Drive (formerly Alease Drive) beginning at a point 635.90 feet Northeast of Holland Road and 270 feet more or less Northwest of Edwin Drive and running in a Northwesterly direction a distance of 265 feet more or less. Said parcel contains 15,856 square feet. KEMPSVILLE BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan 13 a ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS BRANKSOME DRIVE, LOCATED IN T[iE KEMPSVILLE BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOI-IN ON THAT CERTAIN PLAT ENTITLED 'PLAT SHOWING A PORTION OF BRANKSOME DRIVE TO BE CLOSEDC KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Holland office Park Associates and R. G. Moore Building Corp., that they would make application to the Council of the City of Virginia Beach, virginia, on to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement 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 discon- tinued, closed and vacated: That portion of Branksome Drive (formerly Alease Drive) as shown on the plat entitled 'Subdivision of a Portion of the Estate of Hugh E. Owens, Sr., Kempsville Borough, Virgi- nia Beach, virginia" as shown in Map Book 124, at page 17, beginning at a point being the intersection of the Southern right of way line of Branksome Drive and the Northerly corner of Parcel A, (3.706 Acres); thence from said point of beginning running in a Northeasterly direction of North 42*00'00" East a distance of 61.85 feet to a point which is the South- western corner of Parcel B, ( 5 . 306 Acres) ; thence running along the Northern right of way line of Branksome Drive South 62104'30" East a distance of 64.88 feet to a point; thence con- tinuing along said right of way line and following a curve to the right having a radius of 810.00 feet and a distance of 199.28 feet to a point; thence turning and running along the southern right of way line of Branksome Drive South 4210111611 West a distance of 60.00 feet to a point; thence turning and running along the Southern right of way of Branksome Drive and following a curve to the left having a radius of 750.00 feet and a distance 184.52 feet to a point; thence continuing along said Southern right of way line of Branksome Drive North 62104'30" West a distance of 79.92 feet to said point of beginning. (Portion of February 4, 1985 Branksome Drive, formerly Alease Drive, to be closed consisting of 0.364 Acres) Said parcel of land being a portion of Branksome Drive as indicated on that certain plat of property to be vacated along existing Branksome Drive for Holland office Park Associates and R. G. Moore Building Corp., which plat entitled "Plat Showing A Portion Of Branksome Drive To Be Closed, Kempsville Borough, Virqinia Beach, Virginia", is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in map Book at Page and which is made a part hereof by reference. SECTION II A certified copy of this ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of tlie City of Virginia Beach, as grantor. FINAL APPROVAL -- November 4, 1985 CLAP,K 8 STANT, P. C. AT'TOR14EYS A14D COU14SELORS AT LAW 10 ANN BLAIR 00. $0@RAN BA14K BUILDINC CEP.AP.D T. SCRAFER STEPHEN W. SUFLKE V-ARL SCHWARTZ. M DONALD H. C@RK ONE COLUMBUS CENTER T-HO@ 0. S"URTLEWOFLTH @O@S R. FRAN@ VIFLCINIA BEACH.VIRGINIA 23462 THO@S E - 5NYDER CRECORY A.CIORDA.0 FREDERICK T. STANT, M FLOBEFLT 1. HADDAL) IOHN TYLER SRANT MIC14AEL B. HAMAR TELEPHONE:(@) STEPHEN C - SA'AIN ERIC A. HAUSER TELECO@l@:(.-) V@-.395 DOUGLAS E. @HLL TELEX: 7108.2.@52 FFLEDEFLICK T. STANT, IR, MARY KEATI.C ROBERT G. ORECOCK ROBERT .. REED ItODERT E, RULORF U. FIIE CERTIFICATE OF VESTING OF TITLE I, Robert E. Ruloff , attorney for Holland Office Park Associates and R. G. Moore Building Corp., do hereby certify that: 1. I am an attorney at law and represent Holland Office Park Associates and R. G. Moore Building Corp., the Peti- tioners. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Holland Office Park Associates and R. G. Moore Building Corp., the adjacent landowners; in fee simple ownership. The said property referred to herein is hereby described as follows: That portion of Branksome Drive (formerly Alease Drive) as shown on the plat entitled "Subdivision of a Portion of the Estate of Hugh E. Owens, Sr., Kempsville Borough, Virginia Beach, Virginia" as shown in Map Book 124, at page 17, beginning at a point being the intersection of the Southern right of way line of Branksome Drive and the Northerly corner of Parcel A, (3.706 Acres); thence from said point of beginiiing running in a North- easterly direction of North 420001001 East a distance of 61.85 feet to a point which is the Southwestern corner of Parcel B, (5.306 Acres); thence running along the Northern right of way line of Branksome Drive South 62104130" East a distance of 64.BB feet to a point; thence con- tiniiing along said right of way line and following a curve to the right having a radius CLARK [i STANT, P. C. of 810.00 feet and a distance of 199.28 feet to a point; thence turninq and running along the southern right of way line of Branksome Drive South 42*01116" West a distance of 60.00 feet to a point; thence turning and running along the Southern right of way of Branksome Drive and following a curve to the left having a radius of 750.00 feet and a distance 184.52 feet to a point; thence continuing along said Southern right of way line of Branksome Drive North 62*04'30" West a distance of 79.92 feet to said point of beginning. (Portion of Branksome Drive, formerly Alease Drive, to be closed consisting of 0.364 Acr r E uloff Subscribed and before me this day of October, 1984. t@ Ca Notary Public My commission Expires: - 44 - Item II-N-7 CONSENT AGENDA ITEM # 24491 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a portion of Old Princess Anne Road in the petition of the City of Virginia Beach as per the following: Application of the City of Virginia Beach for the discontinuance, closure and abandonment of a portion of Old Princess Anne Road beginning on the North side of Timberlake Drive and running in a Northwesterly direction of a distance of 474 feet. Said parcel contains 17, 947 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan November 4, 1985 AN ORDINANCE CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS PRINCESS ANNE ROAD, AS SHOWN ON THAT CERTAIN PLAT ENTITLED 'PLAT SHOWING A PORTION OF PRINCESS ANNE ROAD TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA,' WHICH PLAT IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CITY ATTORNEY, MUNICIPAL CENTER, VIRGINIA BEACH, VIRGINIA WHEREAS, it appearing that the City has notified the public of this proposed street closure by advertising the same in the Virginia Beach Sun News, on and and WHEREAS, it is the judgment of the Council and the Viewers that closure and discontinuance of the below-described street will not result in any public inconvenience upon the completion by the applicant of the conditions imposed by Council, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That pursuant to Section 15.1-364, Code of Virginia, 1950, as amended, the hereinafter described street be discontinued, closed, and vacated, which portion is more particularly described as follows: That certain portion of Princess Anne Road beginning at a point 28.10 feet from the easternmost corner of Lot 32 in the Subdivision of Dunbarton - Section One, recorded in Map Book 92, at Page 44, and from said point of beginning N 15*58133" West, a distance of 100.50 feet to a point, thence S 21'411121 East, a distance of 374.13 feet to a point, thence S 42'43'09' East, a distance of 115.76 feet to a point, thence S 21'411121 East, a distance of 366.091 feet to a point, thence West along the northern right of way line of Green Meadows Drive a distance of 51.55 feet to the point of beginning as shown on that certain plat entitled "PLAT SHOWING A PORTION OF PRINCESS ANNE ROAD TO BE CLOSED FOR TERRY CORPORATION OF VIRGINIA KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA.' 2. -That a certified copy of this Ordinance and attached plat shall be filed in the records books of the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia, indexed in the name of the City of Virginia Beach, Virginia, as grantor. 3. This Ordinance shall become effective sixty (60) days from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1985. RJN/da 2/1 7/8 5 3/4/85 (23) APPROVED: May 13, 1985 final approval - November 4, 1985 -2- - 45 - Item II-N-8 CONSENT AGENDA ITEM # 24492 Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED the Ordinance authorizing tax refunds in the amount of $4,321.93 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 8-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberadorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech, H. Jack Jennings, Jr. and Vice-Mayor Reba S. McClanan M N @. C, A, I 10/1 8/85 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: TI)at the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion No. Paid Alfred R & Mary J Clarke 85 RE(]/2) 17336-7 12/5/84 13.52 John W & Patricia Ellis 85 RE(]/2) 27220-5 12/5/84 41.44 Rhodes & Watson 85 RE(2/2) 102908-5 8/28/85 4,021.03 Ruth M Albert 85 pp 1616-1 8/15/85 25.60 Wilma G Hutchinson 85 pp 79028-9 10/7/85 10.81 Dorothy M Goode 85 pp 61933-1 9/17/85 150.00 Richard A Smith 85 pp 147207-7 7/5/85 52.53 T N P Johnsoii 85 Dog V22307 10/8/85 7.00 Total 4,321.93 This ordinance shali be effective from date of adoption. The above abatenient(s) totaling Certified as to payment; $4,321.93 _,_ w ere approved by the Council of the City of Virginia Nvoember, 1985 Beach oii the'4 day of Jolin T. Atkir Approved as to Ruth Hodges Smith City Clerk - 46 - Item II-0.1/2/3/4/5. APPOINTMENTS ITEM # 24493 BY CONSENSUS, City Council RFSCREDULED the following APPOINTMENTS BOARD OF BUILDING CODE APPEALS HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION HISTORICAL REVIEW BOARD HOUSING BOARD OF APPEALS TRANSPORTATION SAFETY COMMISSION - 47 - Item 11-P.1 ADD-ON ITEM # 24494 PUBLIC HEARINGS CONCERNING SCHOOL BOARD APPOINTMENTS Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council SCHEDULED PUBLIC HEARINGS concerniug APPOINTMENTS to the VIRGINIA BEACH SCHOOL BOARD as per the following: 7:00 P.M. Monday, November 25, 1985 2:00 P.M. Monday, December 2, 1985 Voting: 7-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan 4 i985 - 48 - Item II-Q.1 UNFINISHED BUSINESS INTERIM FINANCIAL STATEMENTS ITEM # 24495 Giles Dodd, Assistant City Manager for Administration presented the INTERIM FINANCIAL STATEMENTS- July 1, 1985, thorugh September 30, 1985. A copy of this report is hereby made a part of the record. Mr. Dodd referenced two incompletions on EXHIBIT A - COMPARISON OF REVENUES. In the column noted "USE OF MONEY AND PROPERTY", the amount $2,134,647 is incorrect. Approximately $600,000 of this amount has not been transferred. On EXHIBIT A-1. GENERAL SALES TAXES and UTILITY TAXES, one payment of Sales Taxes was recorded as Utility Taxes. This amount entails approximately $1,688,000. These inconsistencies will also affect the WATER AND SEWER FUND shown as EXHIBIT C. The Revenues in each of the three funds are in compliance with the City's Budget and the City's Expectations. Councilwoman Henley referenced Page 5.2, and large balance in Revenue Shariug. Mr. Dodd advised this amount was invested separately and not necessarily a cash balance. This is a carry-over from previous years of Revenue Sharing. - 49 - Item II-Q.2 UNFINISHED BUSINESS ITEM # 24496 CHRISTMAS HOLIDAYS Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City Council CANCELLED the City Council Meeting of December 23, 1985. Voting: 7-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech and Vice Mayor Reba S. McClanan November 4 1985 - 50 - Item II-Q.3 NEW BUSINESS ITEM # 24497 CAPITAL IMPROVEMENT PROGRAM The City Manager presented the PROPOSED CAPITAL IMPRO@ PROGRAM FOR FISCAL YEARS 1985-86/1989-90. The City Manager depicted through charts the following: CIP COST SUMMARY (Millions) Schools $ 89.8 Engineering and Highways 151.7 Buildings 63.3 Parks and Recreation 18.6 Water Utility 203.8 Sewer Utility 44.8 GRAND TOTAL $572.0 SCHOOL PROJECTS 7 New Schools Center For Effective Learning Princess Anne High School Renovation ENGINEERING AND HIGHWAY PROJECTS (Millions) Roadways $102.2 Stormwater Management 38.0 Bikeways 1.9 Resort Area 9.6 GRAND TOTAL $151.7 If ADOPTED, this program of ENGINEERING AND HIGHWAYS PROJECT would provide the following: (1) Construction of 113 Lane Miles of new/improved major collector and arterial roads throughout the City, with an additional 36 lane miles programmed for FY 1991- FY 1993 (2) Completion of the Princess Anne/Kempsville Road Intersection (3) Replacement of the Pungo Ferry Bridge. (4) Construction of a new off-ramp/flyover at Independence Bouelvard anticipated to be financed from toll road revenues. The following are the Key Projects of the Stormwater Management Plan: (1) Canal #2 - Phase II (2) Back Bay Salt Water Line Extension. (3) North Beach Drainage - Phase III The Bikeways Program would entail approximately 13.6 miles of new bikeways. - 51 - Item II-Q.3 NEW BUSINESS IEM # 24498 CAPITAL IMPROVEMENT PROGRAM HIGHLIGHTS OF BUILDING PROJECTS 5 New Fire Stations New Judical Center New Juvenile Court Building HIGHLIGHTS OF PARKS AND RECREATION 218 acres of New Major Parks Great Neck Recreation Genter Consolidation Redwing Golf Course HIGHLIGHTS OF WATER AND SEWER PROJECTS Lake Gaston Water Resource Project Atlantic Avenue Improvements Neigborhood Health Hazard Projects The PROPOSED CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1985-86/1989-1980 is hereby made a part of the record. - 52 - Item 11-R.1 ADJOURNMENT ITEM # 24499 Upon motiori by Councilman Jennings, and BY ACCLAMATION, City Council ADJOURNED the meeting at 6:00 P.M. B. e@l 0 Chief Deputy City Clerk L th HodgesOSmith, CMC @Uity Clerk City of Virginia Beach, Virginia /bh November 4, 1985