HomeMy WebLinkAboutMARCH 11, 1985 MINUTES
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"WORLD'S LARGEST RESORT CITY"
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MA YaR HAROLD HVSCHOSU, At L-v.
VICE MA YOR )MA S M@CLANAN P- A- &-gh
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NANCY A. CMECH, At L-p
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LOUIS R. JONES, R.Y@ B-gh
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J. HENRY M@COY. JR.. K-p.@ @k
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RUTH HO@ES SMRM, CUC, aiV cl.,k CITY COUNCIL AGENDA MUNICIPAL C@R
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March 11, 1985
Virginia Beach City Council
BRIEFING: Resort Area (Atlantic Avenue Beautification) 12 PM
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. NOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend Iris R. Slocombe
Eastern Shore Chapel
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. MINUTES
1. Motion to accept/approve the Minutes of March 4, 1985.
G. PRESENTATION
1 - Resolution of Dissolve - Virginia Beach Research and
Advisory Council
H. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Huntsman Drive (formerly Denver Avenue) in the petition of
Budgins and Associates (Lynnhaven Borough).
(This item was deferred March 4, 1985 to today).
a. The City Manager's letter requests this item
be deferred indefinitely.
2. Ordinance closing, vacating and discontinuing a portion of
Sandra Lane in the petition of S and C, a Virginia General
Partnership, (Kempaville Borough).
a. Letter from the City Manager transmlts the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
3. Request of Eluer R. Meeks for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to resubdivide two existing parcels
totalling 26,140 square feet into three lots; the parcels
are currently undeveloped and located on the north side of
Indiana Avenue, east of Middle Lane (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval for the required lot width only.
4. Request of Lucy G. Footer for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance.
The applicant wishes to subdivide a 33,000-square foot
parcel into three lots; this property is located on the east
side of Greenwell Road, north of Shore Drive (Bayside
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Wallace M. and Bettie W. Vaughan for a
conditional use permit for a home occupation (child care) on
a 7013 square foot parcel located at 721 Brinson Arch
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of R.G- Moore Building Corporation for a
conditional use permit for a marina (312 boat slips and
marina building) on a 19.7-acre parcel located at the
eastern terminus of Pretty Lake Drive, adjacent to the
Virginia Beach/Norfolk City Line (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7 Application of Hop-In Food Stores, Inc. for a conditional
use permit for a gas station in conjunction with a
convenience food store at the southwest corner of Silina
@ive and South Lynnhaven Road on a 31,140-square foot
parcel (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of The Chinese Co=unity Cultural Club, Inc. for
a change of zoning from R-6 Residential District to B-1
Business-Residential District on a 10,890-square foot parcel
located on the east side of Newtown Road, north of Baker
Road (Bayside Borough).
a. The City Manager's letter requests deferral
until the agreement is submitted.
9. Application of Bennie F. and Mary W. Sullivan for a change
of zoning from R-6 Residential District to B-2 Community-
@u iness District on a 2,754-square foot parcel located at
ihe rear of 332 Horace Avenue (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Application of BRANWICK Associates for a change of zoning
from R-3 Residential District to A-1 Apartment District on a
1.545-acre parcel located on the north side of Laskin Road,
west of Cardinal Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
I. ORDINANCES
1. Ordinance to transfer $4,943 in appropriations for the
purchase of Thought Processing Equipment.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution of Dissolve - Virginia Beach Research and
Advisory Council
2. Resolution authorizing the relocation and reconstruction
of the nonconforming structure located at 100 Sykes
Avenue (property of Coley R. Brickhouse, t/a Tidewater
Used Auto Parts, Inc.).
3. Ordinance, on SECOND READING, to accept and appropriate
funds of $39,900 from R.G. Moore Building Corporation to
Project #4-809 Rosemont Forest Park.
4. Ordinance, on FIRST READING, to accept and appropriate
$123,000 from the U.S. Department of Housing and Urban
Development for rental housing rehabilitation.
5. Ordinance, on FIRST READING, to allocate two (2)
positions and provide accompanying appropriation of
$24,970 for the Information Systea Coordination Office.
6. Ordinance, on FIRST READING, to appropriate $143,393 for
construction of a modular building to house the Law
Library and Juvenile Probation Offices.
7 . Ordinance authorizing the City Manager to execute a deed
conveying property to Samuel and Harry Sandler, as
tenants in common.
8. Low Bid of Asphalt Roads and Materials Company, Inc., in
the amount of $876,751.85, for the Lake Smith/Shell Road
Community Development Street Drainage and Utility
Improvements (CIP 2-944, 5-838, and 6-830).
9. Lease/purchase proposal of Alexander Brown and Sons,
Inc., of ten semi-annual payments in arrears at an
interest rate of 8.89%, for word processing equipment for
the Public Works Department.
10. Bingo/Raffle Permit:
Marching Cavaliers Parents Association
Bingo Permit:
Green Run Homes Association
Raffle Permit:
Charlestown Civic League
11. Request of the City Treasurer for tax refunds in the
amount of $358.08.
K. APPOINMNTS
1. Advisory Erosion Comission
2. Historic Review Board
3. Planning Council
L. UNFINISHED BUSINESS
1. Memorandum of Understanding regarding expenditures of
funds from 1984-85 Budget for new positions and related
expenditures in the Office of the City Attorney.
M. NEW BUSINESS
1. Councilman Louis Jones' request for RECONSIDERATION in
the application of Oliver Family Land Trust for a change
of zoning from B-2 Community-Business Diistrict to 0-1
Ff-fice District (Bayside Borough). This application was
approved by City Council January 12, 1981.
2. Proposal of Chief of Police for aounted police officers.
3. Indigent Obstetric Care: Discussion by Mr. Hector Rivera,
Assistant City Manager for Human Services
N. ADJOURNMENT
1. Kotion to Adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
ATLANTIC AVENUE BEAUTIFICATION
March 11, 1985
12:00 p.m.
Th BRIEFING concerning the ATLANTIC AVENUE BEAUTIFICATION of the Resort
Area was called to order by Mayor Harold Heischober in the Conference
Room, City Hall Building, on Monday, March 11, 1985, at 12:00 in the
afternooii.
The City Manager introduced C. Oral Lambert, Director of Public Works, who
in turn introduced the City's CONSULTING ENGINEERS: John Robertson of
Mickiewicz-Robertson, Peter Sucher of Howard, Needles, Tammen and Bergendorf
and Harold Breen of Zion Breen Landscape Architects.
John Robertsofi, Engineer with Mickiewicz-Robertson, began the presentation of a
FEASIBILITY STUDY OF THE ATLANTIC AVENUE CORRIDOR FROM RUDEE INLET TO 40th STREET.
An important phase of Atlantic Avenue is the infrastructure. The water distribution
system will need to be upgraded and portions of the sewage system may be able
to be rehabilitated. However, the majority will have to be replaced with a
new system.
Peter Sucher, presented the TRAFFIC ENGINEERING STUDY. He noted same was con-
ducted in two parts, one by the consultaiit team and one by City Staff.
The information was analyzed and certain observations were derived for the
existing situation along Atlaiitic Avenue. Several concepts were evaluated to
determiiie those rnost likely to improve traffic flow or allow a satisfactory
movemetit of vehicles:
Two-way flow on Atlantic Avenue
ALTERNATIVE A Two-way traffic on Atlantic Avenue with a three-lane
section from Rudee Inlet to 40th Street.
ALTERNATIVE B Two-way traffic on Atlantic Avenue with four eleveri-foot
lanes from Rudee lnlet to 25th Street and three eleven
foot lanes from there to 40th Street.
One-way flow on Atlantic Avenue
ALTERNATIVE C One-way northbound traffic on Atlantic Avneue and
one-way southbound traffic on Pacific Avenue from
Rudee Inlet north to where the two aveiiues meet
ALTERNATIVE D One-way northbouiid on Atlalitic Avenue alid two-way on
Pacific Avenue
ALTERNATIVE E One-way northbound on Atlantic Avenue to 31st Streeet
(3 lanes), Atlantic Avenue from 31st Street to where
Atlantic and Pacific Avenues meet (2 lanes northbound
and 1 laiie southbound); two way on Pacific Avenue
(2 lanes northbound and 2 lanes southbound)
Mr. Sucher recommelided ALTERNATIVE E.
March 11, 1985
- 2 -
B R I E F I N G
ATLANTIC AVENUE BEAUTLFICATTON
(Continued)
Harold Breen,of Zion Breen Landscape Architects, presented the LANDSCAPE
CONCEPTS in conjunction with the Traffic Engineer's comments. ALTERNATIVE E was
recommended for development as same would increase the sidewalk widths. The
wider walkway would accommodate a larger number of strollers and shoppers
and permit the introduction of pedestrian amenities including street trees,
benches, drinking fountains, banners, sheltered bus stops; et cetera. The
Sycamore maple, a deciduous tree, was suggested as the type of tree to be
planted on both sides of Atlantic Avenue. Another recommelidation made was
the elimination of the automobile in terms of parking along Atlantic Avenue.
Satellite parking areas should be introduced along Pacific Avenue. As private
parking of the Hotels and Motels along Atlantic Avenue cannot be eiiminated,
it was suggested that screening in the form of small walls could be erected.
A tree-lined approach to the Beach was also recommerded. A series of parks could
be developed at the termination of all east-west roadways at the Boardwalk.
As a means of identification for Atlantic Avenue, portals should be erected
at the junction of each east-west street with Atlantic Avenue. A pipe-framed
bright canvas arcade across the front of all shops on the west side of Atlaritic
Avenue is proposed. The Boardwalk, itself, should also be considered, as
it is more or less a paved roadway. From a standpoint of beautification,
even at the realization of a cost saving, the design team believed utilities
should be placed underground oii Atlantic Avenue and the side streets halfway to
Pacific Avenue. At Rudee Inlet, a parallel bridge on the east side of the existing
bridge would be considered, making the existing bridge iiow one-way to the south
and the new bridge one-way tiorthbound leading on to Pacific Aveiiue.
March 11, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 11, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, March 11, 1985, at 1:00 in the afternoon.
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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
- 2 -
ITEM # 23302
Mayor Hesichober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as ameiided, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property,
or of plans for the future of an institution which could
affect the value of property owned or desirable for ownership
by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actuai or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upon motioii by Councilman Baum, seconded by Councilwoman Henley, City Council
voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION.
Voting: 9-0
Couiicil Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Joties, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
March 11, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 11, 1985
2:00 p.m.
Mayor Harold Heischober called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on Monday,
March 11, 1985, at 2:00 in the afternoon.
Council Members Present:
John A. Baum, Naacy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
INVOCATION: Reverend Iris R. Slocombe
Eastern Shore Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
March 11, 1985
- 4 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-D.1
CONSENT AGENDA ITEM # 23303
Vice Mayor McClanan and Councilman Robert Jones referenced an Ordinance,
on FIRST READING, to allocate two (2) positions aud provide accompanying
appropriation of $24,970 for the INFORMATION SYSTEM COORDINATION OFFICE.
(See Item 11-J.5 of the Consent Agenda).
Vice Mayor McClanan inquired concerning the salaries of the two positions
involved. The City Maiiager advised the Microcomputer System Specialist's
salary would be $25,248.00 and the Microcomputer Techniciari's salary
would be $16,560.00.
Couticilman Robert Jones requested discussion of this item during the
CONSENT AGENDA.
Item II-D.2
CONSENT AGENDA ITEM # 23304
Councilwoman Henley referenced an Ordinance, on FIRST READING, to appro-
priate $143,393 for construction of a moduiar building to house the LAW
LIBRARY AND JUVENILE PROBATION OFFICES. (See item II-J.6 of the Consent
Agenda).
This item will be pulled for discussioii during the Consent Agenda.
March 11, 1985
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item Ii-E.1
LINKHORN PARK ELEMENTARY SCHOOL
GIFT ITEM # 23305
Councilwoman Oberndorf referenced her gift from the Fifth Graders of
Linkhorn Park Elementary School. They had individually drawn liolis and
autographed each upon a pillow case which was also inscribed with
a verse concerning Councilwoman Oberndorf's small stature.
Councilwoman Oberndorf was most proud, and therefore wished to make a
Public Disclosure of this gift.
Item II-E.2
ALIGNMENT/PUNGO
FERRY BRIDGE ITEM # 23306
Councilwoman Henley referenced the selection of alignment for the PUNGO
FERRY BRIDGE REPLACEMENT.
Councilwoman Henley extended her appreciation to the staff and the
City MaLiager for their endeavors with particular thanks to Becky and
Benny Gilbert. There were three (3) location hearings rather than the
usual one.
Item II-E.3
ANNUAL BASKETBALL
GAME ITEM # 23307
Councilman Robert Jones advised the City Council team had WON the
Annual Basketball Game against the Department of Parks and RecreatioLi.
March 11, 1985
6
ltem II-F.1
MINUTES ITEM 23307
Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of March 4, 1985.
Voting: 10-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jefinings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, aild
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
7
Item 11-G. I
PRESENTATION ITEM 23308
Mayor Heischober presented a RESOLUTION OF DISSOLVE to:
VIRGINIA BEACH RESEARCH AND ADVISORY COUNCIL
VIRGINIA BEACH RESEARCH AND ADVISORY COUNCIL will DISSOLVE effective
March 15, 1985.
Timothy Barrow, Chairman of the VIRGINIA BEACH RESEARCH AND ADVISORY
COUNCIL, accepted this RESOLUTION and City Council's gratitude for
this organizatioii's accomplishments.
March 11, 1985
8
Item II-H.1
PLANNING ITEM # 23309
Assistant City Attorney R. J. Nutter referenced conversation with Attorney
Bruce Mills who was not able to respond to the ultimate disposition of
the street involved; and, requested DEFERRAL until he could respond to
all questions.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Cuncil DEFERRED INDEFINITELY an Ordinance upon application of HUDGINS AND
ASSOCIATES for the discontinuance, closure and abandonment of a portion
of HUNTSMAN DRIVE (formerly Denver Avenue).
Application of Hudgi@s and Associates, a Virginia Corpor-
ation, for the discontinuance, closure and abaudonment of
a portion of Huntsman Drive (formerly Denver Avenue) be-
ginning at the northern boundary of Brant Road and running
a distance of 170 feet more or less in a northerly direction.
Said parcel contains 9,000 square feet more or less. LYNN-
HAVEN 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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberadorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
- 9 -
Item II-H.2 ITEM # 23310
PLANNING
Attorney Paul Gerhardt represented the applicant aud referenced meeting with the City's
Public Utilities Department who did not require the dedication of a 25-foot
utility easement as a condition of the Street Closure.
Jerry Harris, the applicant, registered, but did not speak
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council APPROVED an Ordinance closing, vacating and discontinuing a portion of
Sandra Lane in the petition of S AND C, a Virginia General Partnership, with
the second condition of a dedication of a 25-foot utility easemeiit DELETED.
Application of S and C, a Virginia General Partnership,
for the discontinuance, closure and abandonment of a por-
tioii of Sandra Lane beginning at the southerii boundary of
Indian River Road and running in a southerly direction
a distance of 265 feet in the northerii boundary of Mineola
Drive. Said parcel is 50 feet in width and contains 13,250
square feet. KEMPSVILLE BOROUGH.
This closure shall be subject to the following conditions:
1. Resubdivisioii of the property to incorporate the
closed area into adjoining parcels.
2. The closure of this right-of-way shall be contingent
upon compliance with the above stated condition
within 180 days of approval by City Council.
Votiilg: 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, Vice Mayor Reba S. McCianan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abseiit:
March 11, 1985
J. Henry McCoy, Jr., D.D.S.
- 9a -
ORDINANCE NO.
TN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET FNOWN AS SANDRA LANE, LOCATED IN
THE KEMPSVILLE BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON
THAT CERTAIN PLAT ENTITLED "RE-SIJBDIVISION
OF PARCEL 'A', INDIAN RIVER ESTATES,
SFCTION ONE, KEMPSVILLE MAG. DIST., PRINCESS
ANNE CO., VA.", DULY RECORDED IN TYIE
CLERK'S OFFICF OF THE CIRCUIT COURT OF
THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN MAP BOOK 43, PAGE 40.
WHEREAS, it appearing by Affidavit that proper notice
has been given by S and C Co., a Virginia qeneral partner-
ship, that it would make application to the Council of the
City of Virginia Beach, Virginia, on January 14, 1985, to
have the hereinafter described street discontinued, closed,
and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
All that certain portion of Sandra Lane, situated
in the City of Virginia Beach, Virginia, bounded on
the north by the right-of-way of Indian River Road,
on the south by the right-of-way of Mineola Drive,
on the west by "PARCEL IA-41" and on the east by
"PARCEL 'A-2"' and "PARCEL 'A-l"', all as shown on
that certain plat entitled "RE-SUBDIVISION OF
PARCEL 'A', INDIAN RIVER ESTATES, SECTION ONE,
KEMPSVILLE MAG. DIST., PRINCESS ANNE CO., VA.",
dated January, 1957, made by Frank D. Tarrall, Jr.
& Associates, duly recorded in the Clerk's office
of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 43, at page 40, and more
particularly bounded and described with reference
to said plat as follows:
March 11, 1985
- 9b
To establish the point of beginning, begin at
a point in the southern line of the right-
of-way of Indian River Road (Route 603), at
the intersection of said southern line of the
right-of-way of Indian River Road and the
eastern line of the right-of-way of MacDonald
Road, as projected; thence run S. 64@ 57' 10"
E., a distance of 189.29 feet to a point;
thence continue S. 641 571 10" E., a distance
of 297.77 feet to a point, the point of
beginning; thence from said point of begin-
ning, running S. 641 571 10" E., a distance of
90 feet to a point in said southern line of
the right-of-way of Indian River Road; thence
turning and running along an arc of a curve to
the left, having a radius of 20 feet, an arc
distance of 31.42 feet to a point in the
eastern line of the right-of-way of Sandra
Lane; thence running S. 25@ 02' 50" W., a
distance of 235 feet to a point in said
eastern line of the right-of-way of Sandra
Lane; thence running along an arc of a curve
to the left, having a radius of 10 feet, an
arc distance of 15.71 feet to a point in the
northern line of the right-of-way of Mineola
Drive; thence turning and running N. 64@ 57'
1011 W., a distance of 70 feet to a point in
said northern line of the right-of-way of
Mineola Drive; thence turning and running
along an arc of a curve to the left, having a
radius of 10 feet, an arc distance of 15.71
feet to a point in the western line of the
right-of-way of Sandra Lane; thence turning
and running N. 25* 021 50" E., a distance of
235 feet to a poi-nt in said western line of
the right-of-way of Sandra Lane; thence
running along an arc of a curve to the left,
having a radius of 20 feet, an arc distance of
31.42 feet to a point, the point of beginning.
Said parcel of land being a portion of Sandra Lane as
indicated on that certain plat entitled, "RE-SUBDIVISION OF
PARCEI, 'A', TNDIAN RIVER ESTATES, SECTION ONE, KEMPSVILLE
MAG. DIST., PRINCESS ANNE CO., VA.", duly recorded in the
Clerk'@- Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 43, at page 40, a copy of which
plat is made a part hereof by reference.
SECTION II
This ordinance shall be effective sixty (60) days from
the date of its adoption.
March 11, 1985
2
- 9c -
SECTION III
A certified copy of this ordinance and attached plat
shall he recorded in the Clerk's office indexed under the
name of the City of Virginia Beach as grantor.
March 11, 1985
9d -
KAUFMAN a CANOLES
ATTOPNE@S AND COUNSELORS T L.@
SOVRAN CENTE@
... ......... P05T OFFICE BOX 3037 . ......
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NORFOLK, VIRGINIA 23514-3037 ...T...@ . @...T. IR
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R..@RT .0 . . . TELE. 82-5431
TELECOPIER (80.) 625-3039
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CERTIFICATE OF VESTING OF TITLE
The Honorable City Council
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
To Members of City Council:
I, Paul W. Gerhardt, attorney for S and C Co., a Virgin-
ia general partnership, do hereb@, certify that:
2. I am an attorney at law and represent S and C CO.,
a Virginia general partnership, the petitioner.
2. If the property described below is discontinued,
closed and vacated bv the Council of the City of Virginia
Beach, Virginia, then title to said propertv will vest in S
and C Co., a Virginia general partnership, and Hadden Hall
Properties, Inc., a Delaware corporation, the adjacent
landowners.
The said property referred to herein is hereby described
as follows:
All that certain portion of Sandra Lane, situated
in the City of Virginia Beach, Virginia, bounded on
the north by the right-of-way of Indian River Road,
on the south by the right-of-way of Mineola Drive,
on the west by "PARCEL 'A-4111 and on the east by
"PARCEL 'A-2"' and "PARCEL 'A-11", all as shown on
that certain plat entitled "RE-SUBDIVISION OF
PARCEL 'A', INDIAN RIVER ESTATES, SECTION ONE,
March 11, 1985
- 9e -
KEMPSVII,LE MAG. DIST., PRINCESS ANNE CO., VA.",
dated January, 1957, made by Frank D. Tarrall, Jr.
& Associates, duly recorded in the Clerk's Office
of the Circuit Court of the Citv of Virginia Beach,
Virginia, in Map Book 43, at page 40, and more
particularly bounded and described witti reference
to said pl.at as follows:
To establish the point of beginninq, beain at
a point in the southern line of the right-
of-way of Indian River Road (Route 603), at
the intersection of said southern line of the
right-of-way of Indian River Road and the
eastern line of the right-of-way of MacDonald
Road, as projected; thence run S. 64* -@7' 10"
E., a distance of 189.29 feet to a point;
thence continue S. 641 571 10" E., a distance
of 297.77 feet to a point, the point of
beginning; thence from said point of begin-
ning, running S. 64@ 571 10" E., a distance of
90 feet to a point in said southern line of
the right-of-way of Indian River Road; thence
turning and running along an arc of a curve to
the left, having a radius of 20 feet, an arc
distance of 31.42 feet to a point in the
eastern line of the right-of-way of Sandra
Lane; thence running S. 25@ 02' 50" W., a
distance of 235 feet to a point in said
eastern line of the right-of-way of Sandra
Lane; thence running along an arc of a curlre
to the left, having a radius of 10 feet, an
arc distance of 15.71 feet to a point in the
northern line of the right-of-way of Mineola
Drive; thence turning and running N. 64* 57'
10" W., a distance of 70 feet to a point in
said northern line of the right-of-way of
Mineola Drive; thence turning and running
along an arc of a curve to the left, having a
radius of 10 feet, an arc distance of 15.71
feet to a point in the western line of the
right-of-way of Sandra Lane; thence turning
and running N. 25* 021 50" E., a distance of
235 feet to a point in said western line of
the right-of-way of Sandra Lane; thence
2
March 11, 1985
- 9f -
running along an arc of a curve to the left,
having a radius of 20 feet, an arc distance of
31.42 feet to a point, the point of beginning.
Sincerely,
Paul W. Gerhardt
3
March 11, 1985
- 10 -
Item 11-H.3
PLANNING ITEM # 23311
Attorney Robert Cromwell represented the applicant and presented a petition
from adjacent property owners consenting to a resubdivision of lots in the
application of ELMER R. MEEKS (said petition is hereby made a part of the
record). Attorney Cromwell further explained the applicant has made an
amendment to this initial request and is iiot trying to create three lots.
The initial application called for a variance not only for the lot footage
but also the lot width, now there is sufficient area in the back to extend
the property 200 feet; therefore, the applicarit has conformed to the square
footage and needs only a variance of 25 feet for the lot width.
Upon motion by Councilrnan Jeiiiiings, seconded by Councilman Baum, City Council
APPROVED the application for a variance to Section 4.4(b) of the Subdivision
Ordinance in the application of ELMER R. MEEKS . This is for the required lot
width only. The applicaut must comply with the Subdivision and Zoning Ordi-
naices far as the rest of the application is concerned.
Appeal from Decisions of Administrative Officers in regard
to certain elemeiits of the Subdivision Ordinance Subdi-
vision for Elmer R. Meeks. Property is located on the
north side of Indiana Avenue, 105.4 feet east of Middle
Lane. Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S. March 11, 1985
Item 11-H-4
PLANNING ITEM 23312
Richard J. Webboii represented the applicant and presented copies of a letter
dated March 8, 1985 from Madora A. Greenwell owner of property adjacent
to Lucy G. Foster's on the East and the North reflecting her approval
of the variance. (Said letter and copies are hereby made a part of the
record). Mr. Webbon further stated, as an adjaceiit property owner himself,
he has no objections.
Upon notion by Councilman Louis Jones, secoiided by Counciiman Fentress, City
Council APPROVED the application for a variance to Section 4.4(b) of the
Subdivsion Ordinnace in the application of LUCY G. FOSTER as per the following:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordi-
nance, Subdivision for Lucy G. Foster. Property is
located on the east side of Greenwell Road, 750 feet
north of Shore Drive Plats with more detailed in-
formation are available in the Department of Planning.
BAYSIDE BOROUGH.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
Louis R. Jones, and Robert G. Jones*
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Verbal Aye March 11, 1985
- 12 -
Item II-H.5
PLANNING ITEM # 23313
Waliace M. Vaughan, the applicant, represented himself
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of WALLACE M. AND BETTIE W.
VAUGHAN for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF WALLACE M. AND BETTIE
W. VATIGHAN FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (CHILD CARE) R0385723
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA:
Ordinance upon application of Wallace M. and Bettie W.
Vaughan, for a Conditional Use Permit for a home occu-
pation (child care) on Lot 23, Block 3, Aragona Village.
Said parcel is located at 721 Brinson Arch and contains
7,013 square feet. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Limited to a maximum of -8- 10 children (AS AMENDED)
2. Approval is for a period of two (2) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleventh day of March, Nineteen Hundred and Eighty-five.
Voting: 9-1
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 Votag Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
J. Heiiry McCoy, Jr., D.D.S.
March 11, 1985
- 13 -
Item 11-H.6
PLANNING ITEM # 23314
Attorney Grover Wright represented the applicaiit
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council ADOPTED an Ordinance upon application of R. G. MOORE BUIDLING
CORPORATION for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING COR-
PORATION FOR A CONDITIONAL USE PERMLT FOR A MARINA
R0385724
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building
Corporation for a Conditional Use Permit for a marina
(312 boat slips and marina building) on certain property
beginning at a point 180 feet more or less north of Pretty
LakeDrive and running along the western property line
(Virginia Beach-Norfolk City Line) a distarice of 1120
feet more or less in a southerly direction. Said parcel
contains 19.7 acres. Plats with more detailed infor-
mation are available in the Department of Platining.
BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleventh day of March, Nineteen Hundred aiid 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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent: March 11, 1985
J. Henry McCoy, Jr., D.D.S.
- 14 -
Item II-H.7
PLANNING ITEM # 23315
Attorney Grover Wright represented the applicalit
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, 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 A GAS STATION IN CON-
JUNCTION WITH A CONVENTENCE FOOD STORE R0385725
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 a gas station in con-
junction with a convenience food store at the Southwest
corner of Silina Drive and South Lynnhaven Road on Parcel
H-2, Section 9, Princess Anne Plaza. Said parcel contains
31,140 square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Public restrooms are to be provided Oli the site.
2. A 5-foot dedication of right-of-way along the
frontage on South Lynahaven Road to provide for
an ultimate 90-foot right-of-way in accordance
with the Master Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleventh day of March, Nineteen Hundred and EiRhtv-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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
March 11, 1985
Council Members Absent:
J. Henr McCo Jr. D.
- 15 -
Item II-H.8
PLANNING ITEM # 23316
Dr. George Wong, President of the Chinese Community, represented the applicant
and presented copy of an AGREEMENT dated March 11, 1985 between the Chinere
Community Cultural Club, Inc., and the City of Virginia Beach (said Agreement
is hereby made a part of the record).
Upon motioli by Councilman Louis Jones, seconded by Councilman Fentress, City
Council DEFERRED INDEFINITELY an Ordinance upon application of the CHINESE
CULTURAL CLUB, INC., A VIRGINIA CORPORATION, for a Chaage of Zoning until
the City Attorney has had the opportunity to review the AGREEMENT presented
and the City Council has received the report of the TASK FORGE concerning
the TARGET AREA PLAN.
ORDINANCE UPON APPLICATION OF CHINESE COMMUNITY CULTURAL
CLUB, INC., A VIRGINIA CORPORATION FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6 TO B-1
Ordinance upon application of Chinese Community Cultural
Club, Inc., a Virginia Corp., for a Change of Zoning
District Classification from R-6 Residential District to
B-1 Business Residential District on certaiii property lo-
cated on the east side of Newtown Road beginniiig at a point
1600 feet more or less north of Baker Road. Said parcel is
located at 724 Newtown Road and contains 10,890 square feet
more or less. BAYSIDE BOROUGH.
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, Vice Mayor Reba S. McClalian, and
Meyera E. Oberndorf
Couricil Members Voting Nay:
No,i,
Council Members Absent:
J. Henry McCoy, Jr., D.D.S. March 11, 1985
- 16 -
Item II-H.9
PLANNING ITEM # 23317
Dottie Maloney, of Century 21, Rodriquez Realty, represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinaiice upon application of BENNIE F. AND MARY W.
SULLIVAN for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF BENNIE F. AND MARY W.
SULLIVAN FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM R-6 TO B-2 Z0385962
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Bennie F. and Mary W.
Sullivan for a Change of Zoning District Classifi-
cation from R-6 Residential District to B-2 Community
Business District on Lots 8, 9 and 10, Block 65, Euclid
Place. Said parcel is located at 332 Horace Avenue and
contains 2,754 square feet. BAYSIDE BOROUGH.
The following condition shall be required:
1. Adequate screening (6-foot solid wooden fence)
is to be provided along property lines adjacent
to single family residential development.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virgiiiia Beach, Virginia, on the
Eleventh day of March, Nineteen Hundred and Eighty-five.
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 Vice Mayor
Reba S. McClanan
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
Item 11-H.10
PLANNiNG ITEM 23318
There was no representation for the applicaat present.
Attorney Dick Bridges represented the Civic League at Linlier, and spoke
in opposition
The following registered in OPPOSITION but did Liot speak
LCDR Petrie
Edward Brogaii
Leslie Watson
Upon motion by Councilman Jenaings, seconded by Councilmaa Baum, City Council
DENIED an Ordiannce upon application of BRANWICK ASSOCIATES for a Change
of Zoning as per the following:
ORDINANCE UPON APPLICATION OF BRANWICK ASSOCIATES, FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3
TO A-1
Ordinance upon application of BRANWICK Associates for a
Change of Zoning District Classification from R-3 Resi-
dential District to A-1 Apartment District on certain
property located on the north side of Laskiii Road be-
ginning at a poiiit 2100 feet more or less west of Cardinal
Road. Said parcel contains 1.545 acres. Plats with more
detailed information are available in the Departmeiit of
Planning. LYNNHAVEN 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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberadorf
Council Members Vatiiig Nay:
None
Council Members Absetit:
J. Henry McCoy, Jr., D.D.S. March 11, 1985
- 18 -
Item II-1.1
ORDINANCES ITEM # 23319
A motion was made by Councilman Jennings, seconded by Councilman Robert Jones,
to ADOPT an Ordinance to transfer $4,943 in appropriatiotis for the purchase
of THOUGHT PROCESSING EQUIPMENT. This motion was WITHDRAWN.
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City
Council DEFERRED for thirty (30) days an Ordina,,ce to trausfer $4,943
in appropriations for the purchase of THOUGHT PROCESSING EQUIPMENT.
The staff has made a survey of neighboring cities of comparable size as to
their method of providing for the typing/secretarial needs f Co,n,il Me,ber".
This DEFERRAL will enable additional response concerning the equipment utilized
by these various iocalities. (Copy of initial survey is hereby made a part of the
record).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abseiit:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
18a
AN ORDINANCE TO TRANSFER $4,943
IN APPROPRIATIONS FOR THE PURCHASE
OF THOUGHT PROCESSING EQUIPMENT
WHEREAS, the members of the City Council wish to enhance the
efficiency of processing their letters and documents, and
WHEREAS, the cost of such equipment will be $4,943.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the ahount of $4,943 is hereby transferred
from Reserve for Contingencies for the purchase of Thought Processing
Equipment.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 1985.
DEFERRED
KAR/2 ORD17
- 19 -
Item 11-J.
CONSENT AGENDA ITEM # 23320
Upon motion by Councilwoman Oberndorf, secoaded by Councilman Baum, City
Council APPROVED in ONE MOTION Items I through 11 of the CONSENT AGENDA
with the exception of:
Item II-J.5. was voted on separately and DEFERRED for one week until
the City Council Meeting of March 18, 1985.
Item ii-J.6 was voted on separately and APPROVED oii FTRST READING.
Votilig; 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jerinitigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Heary McCoy, Jr., D.D.S.
March 11, 1985
- 20 -
Item II-J. I
CONSENT AGENDA ITEM # 23321
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED a RESOLUTION OF DISSOLVE of the VIRGINIA BEACH RESEARCH
AND ADVISORY COUNCIL effective March 15, 1985.
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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
RESOLUTION OF DXSSOLVE
WHEREAS:
The Virginia Beach Development Council vas enacted by the
Virginia Beach City Council to study the City's needs; develop economic
potentials; devlse plans of action for meeting goals established; and,
to act in an advisory capacity to the governing body for the welfare
and progress of Virginia Beach;
WHEREAS:
Membership was limited to fifty representative citizens and
by Invitation only, City council approved the format for this
organization and thus gained much knowledge through their research and
prepared studies on varied subjects, such as conducting a design
contest which resulted in the current City Seal, preparation and
beautification of the slte for our Norwegian Lady; support of
relocating Farmers' Market; Economic Data Summary In cooperation with
Virginla Electric and Power Company; reorganization of the Virginia
Beach Department of Economic Development and creation of the Department
of Public information; study of municipal golf courses; Economic Base
Study; Par!-Mutual Betting; establishment of the Arts and Humanlties
Commission; relocating the Coast Guard Station; Transportation studies
and various other community projects;
WHEREAS:
During the course of these twenty-two years the name of
Virg@a Beach Development Council was changed by approval of the
governing body to Virginia Beach Research and Advisory Council; and,
WHEREAS:
The organizational structure and administrative resources
have changed and these changes llmit the applicability of the Virginia
Beach Research and Advisory Council to the solution of today's problems
and the realization of tomorrow's opportunities.
NOW, THEREFORE, BE IT RESOLVED:
That the Virginia Beach City Council, pause in its
deliberations to consider the request of members of Virginia Beach
Research and Advisor!; Council for volantary dissolve of this
organization effective the Fifteenth day of March, Nineteen Hundred
Eighty-Five.
BE XT FVRTHER RESOLVED:
That the City Clerk Is directed to remove the VBRAC from
those appointive agencies of this governing body and to cause a copy of
this Resolution to be presented to each current member of this advisory
group and spread upon the X-inutes of this Regular Session of the
Virg@a Beach City Council.
LET IT HERE BE KNOWN:
Gratitude takes three forms: a feeling In the
heart' an expression In words and a giving In
return.
members of Virginia Beach Research and Advisory Council:
Ne, the City Council, Individually and collectively are GRATEFULI
Given under my hand and seal
thi y of march,
sir. Hund ighty-Five-
Maybr
- 21 -
ltem !I-J.2
CONSENI AGENDA ITEM # 23322
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Couacil ADOPTED a Resolution authorizing the RELOCATION AND RECONSTRUCTION
of the NONCONFORMING STRUCTURE located at 100 Sykes Avenue (property of
Coley R. Brickhouse, t/a TIDEWATER USED AUTO PARTS, INC.)
Votilig: 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, Vice Mayor Reba S. McClanall, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
21a -
RESOLUTION AUTHORIZING THE RELOCATION
AND RECONSTRUCTION OF THE NONCONFORMING
STRUCTURE LOCATED AT 100 SYKES AVENUE
(PROPERTY OF COLEY R. BRICKHOUSE, t/a
TIDEWATER USED AUTO PARTS, INC.)
WHEREAS, Coley R. Brickhouse is the owner of Lots X and
Y, as shown on that certain drawing entitled "PRELIMINARY SITE
PLAN OF A PORTION OF PARCEL X RESUBDIVISION OF PART OF LOTS 54,
55 & 56 AND ALL OF LOTS 57 & 58 PLAT OF OCEANA GARDENS (M.B.
165, P. 54) FOR WABLER CONSTRUCTION CORPORATION LYNNHAVEN
BOROUGH VIRGINIA BEACH, VIRGINIA,' a reduced copy of which is
attached hereto and made a part hereof as Exhibit A; and
WHEREAS, Mr. Brickhouse desires to relocate and
construct a one-story 30-foot by 50-foot structure on Lot X to
replace the one-story 20-foot by 80-foot structure previously
located on Lot Y, which structure was destroyed by fire in
January 1984. The location of the proposed structure, as
relocated and reconstructed, is shown as the shaded area on
Exhibit A; and
WHEREAS, the present use and prior structure did not
conform to the provisions of the Comprehensive zoning Ordinance
because junkyards are not allowed in the I-1, Light Industrial
District; and
WHEREAS, pursuant to SS 105(d) and 105(f) of the
Comprehensive Zoning Ordinance, City Council may authorize the
the relocation and reconstruction of a nonconforming structure if
Council finds that the structure as relocated and reconstructed
is equally appropriate or more appropriate to the zoning district
than is the existing nonconformity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds the relocation and
reconstruction of the nonconforming structure located at 100
Sykes Avenue, Virginia Beach, Virginia, shown as the shaded area
on Exhibit A, are equally appropriate or more appropriate to the
zoning district in which they are located than were the
March 11, 1985
- 21b -
previously existing nonconformities; and the City Council hereby
authorizes the relocation and reconstruction of the nonconforming
structure in the manner shown on Exhibit A.
Adopted by the Council of the city of Virginia Beach,
Virginia, on March 11, 1985
Ci/da
3/4/8 5
3/6/8 5
(4)
APP,@oVrD ,,s -0 CONTENT
-2-
March 11, 1985
21c
fr-
lmw
Z7A@ t,
iz
- 22 -
Item II-J.3
CONSENT AGENDA ITEM # 23323
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance, on SECOND READING, to accept and appropriate
funds of $39,900 from R. G. MOORE BUILDING CORPORATION to Project #4-809
ROSEMONT FOREST PARK.
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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberadorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
22a
Z.
0
M ORDINANCE TO ACCEPT FUNDS OF $39,900
FROM R.G. MDORE BUILDING ODRPORATION
AND APPROPRIATE THESE FUNIDS TO
PROJECT #4-809 ROSEMONT FOREST PARK
WHEREAS, project #4-809 Rosemont Foreat Park is included in the current
Capital Improvement Program and provides for development of three dedicated park
sites totaling 26.088 acres in the Rosemont Forest-subdivision, and
WHEREAS, these park sites are the result of the subdivimion open space
ordinance in which acreage is reserved for recreation and open sp&ce, and
WHEREAS, in lieu of dedication of the total 26.088 acres, the deve-
loper, R.G. Moore Building Corporation, has offered to dedicate 20.976 and to PBY
$63,900 for tha remaining 5.112 acres, and
WHEREAS, $24,000 h&s already been accepted and appropriated to the
capital project leaving a balance of $39,900 to be appropriated,
NOW, THEREFORE, BE IT ORDAINED BY THE ODUNCIL OF THE CITY OF VIRGINIA
BEACH that the contribution of $39,900 from R.G. Moore Building Corporation is
hereby accepted and the funds are appropriated to project #4-809 Rosemont Foreat
Park in the Parks and Recreation Capital Project Fund.
BE IT FURTHER ORDAINED that the appropriation be offset by an increase
of $39,900 in estimated revenues in the Parks and Recreation Capital Projects Fund.
This ordinance shall be effective from the date of its adoption.
First Readino: March 4, 1985
Second Reading: March 11, 1985
Adopted by the Council of the City of Virginia Beach on the 11 day
of March 19 85
March 11, 1985
L-1-ORD104
- 23 -
Item 11-J.4
CONSENT AGENDA ITEM # 23324
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate
$123,000 from the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT for
Rental Housing Rehabilitation.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, E. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
- 23a
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$123,000 FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
FOR RENTAL HOUSING REHABILITATION
WHEREAS, the U. S. Department of Housing and Urban Development
(HUD) has awarded the City of Virginia Beach a grant in the amount of
$123,000 for use in Rental Housing Rehabilitation, and
WHEREAS, the City of Virginia Beach has developed a Rental
Housing Rehabilitation program containing the necessary mechanisms for
implementation in compliance with federal and local directives, and
WHEREAS, the use of these funds for Rental Housing Rehabili-
tation will assist in the City's goal of eliminating deteriorated conditions
in low and moderate income neighborhoods.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funding of $123,000 from HUD be accepted and appropri-
ated for use in Rental Housing Rehabilitation.
BE IT FURTHER ORDAINED that the appropriation be financed 100%
by federal funds from HUD with no local match required.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 1985.
FIRST READING: March 11, 1985
SECOND READING:
March 11, 1985
- 24 -
Item II-J.5
CONSENT AGENDA ITEM # 23325
Upon motion by Councilman Robert Jones, seconded by Concilwoman Oberndorf, City
Council DEFERRED for one week, until the City Council Meeting of March 18, 1985,
an Ordinance, on FIRST READING, to allocate two (2) positions and provide
accompanying appropriation of $24,970 for the INFORMATION SYSTEM COORDINATION
OFFICE.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Aye:
None
Council Members Absent:
Robert E. Fentress, Louis R. Jones, and J. Henry McCoy, Jr.,D.D.S.
March 11, 1985
- 25 -
Item II-J.6
CONSENT AGENDA ITEM # 23326
David M. Grochmal, Director of General Services, responded to inquiries
concerning the modular building to house the LAW LIBRARY and JUVENILE
PROBATION OFFICES. This modular building will be located on the northside
of the Commonwealth Attorney's Office and occupy only six (6) parking
spaces along the curb.
Chuck Davis, Assistant Director of General Services, responded concerning
the appearance of this modular building. Although, it will not be con-
formiiig to the historical standards, it will be in the interior of the
MUNICIPAL COMPLEX, and will be properly landscaped.
Upoii motion by Councilwoman Creech, seconded by Councilman Baum, City
Council APPROVED an Ordinance, on FLRST READING, to appropriate $143,393
for construction of a modular building to house the LAW LIBRARY AND
JUVENILE PROBATION OFFICES.
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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
- 25a -
AN ORDINANCE TO APPROPRIATE $143,393
FOR CONSTRUCTION OF A MODULAR BUILDING
TO HOUSE THE LAW LIBRARY AND JUVENILE PROBATION OFFICES
WHEREAS, the construction of the Juvenile Court building and the
addition of a Circuit Court Judge will require the relocation of the Law
Library and portions of the Juvenile Probation Department, and
WHEREAS, space is not available within this Municipal Complex
for the relocation, and
WHEREAS, after reviewing the alternatives, the Department of
General Services recommends the construction of a modular building, and
WHEREAS, the funds in the amount of $143,393 for the construc-
tion of the modular building and related office renovations may be
appropriated from the General Fund's Unreserved Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $143,393 are hereby appropriated
from the General Fund's Unreserved Fund Balance for the construction of a
modular building to house the Law Library and portions of the Juvenile
Probation Department.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 1985.
FIRST READING: March 11, 1985
SECOND READING:
March 11, 1985
- 26 -
Item II-J.7
CONSENT AGENDA ITEM # 23327
Upon motion by Councilwoman Oberndorf, secoaded by Councilman Baum, City
Couiicil ADOPTED an Ordinance authorizing the City Manager to execute a deed
conveying property to SAMUEL AND HARRY SANDLER, as tenants in common.
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, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 11, 1985
- 26a -
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED CONVEYING
PROPERTY TO SAMUEL AND HARRY SANDLER,
AS TENANTS IN COMMON
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, Harry Sandler petitioned the City Council for
the closure of a certain portion of Cape Henry Drive more
particularly described below; and
WHEREAS, on December 21, 1981, the City Council voted to
approve the closure of said portion of Cape Henry Drive, provided
the applicant vacated the existing lot lines for surroundinq
properties affected by the closure and purchased the property
from the City; and
WHEREAS, the applicant has submitted the plat vacating
the existing lot lines surrounding the properties affected by the
closure as agreed and tendered to the City a certified check
for the appraised value of the subject property; and
WHEREAS, the City acquired the property from the
Commonwealth of Virginia by a Quitclaim Deed, recorded in the
Clerk's Office of the City of Virginia Beach, Virqinia, in Deed
Book 908, at Page 249.
NOW, THEREFORE, BE IT ORDAINED:
That the City Manager of the City of Virginia Beach is
hereby authorized to convey and directed to execute a Deed to
Samuel Sandler and Harry Sandler, as tenants-in-common, conveying
the City's interest in the below-described property more
particularly described as follows:
All that certain piece or parcel of land
designated as Cape Henry Drive, Area = 0.483
acre situated, lying, and being in Lynnhaven
Borough, City of Virginia Beach, Virginia, as
shown on that certain plat entitled 'Property
Line and Topographic Survey of Lots 1, 2 and
the remaining portion of lots 3 thru 10,
inclusive, Block 5, and that portion of Holly
Avenue lying North and South of a Right-Of-Way
designated N.S.R.R. Electric Division (now
the property of the City of Virginia Beach,
Virginia), Lynnhaven Shores (M.B. 7, P. 167)
for Harry Sandler,l Scale 1'1=201, dated May 1,
March 11, 1985