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Home My WebLink AboutNOVEMBER 21, 1983 MINUTES @it@ C),f "VVORLD'S LARGEST RESORT CITY" CITY COUNCIL MA l'OR LOUIS R. JONES, B.y,id@ li,,,..gb VICE-MAYOR BAR13ARA Al. IIENLEY, P..g,, B .... gh IOII,V A. RA (IM, B.,.@gb NANCY A. CREECII. A, L@,g@ IIAROLI) IIEISCII013ER, At L.,g@ ii. JACWIENNIN(;S, JR., B.-,,gb ROBERT (;. ]ONES, A, L,,,g, W. It. KIT'ClitN, til, t'igi.,,, B@.cb REBA S. 41,CLANAN, A.@, B.,@.gb 1. IIENRY $I,COI', JR., K@@p@.ill@ B.,,,.gb 212 CITY IIALL BUILDING MEYERA E. 013ERNDORF, A, L.,g@ MUVICIPAL (:EV7ER VIRGI.NIA 8EACH, VIRGINIA 23456 RI)Tll IIQD(;ES SMITII, C,@1C. Cil, Cl,lk (804) 427-4 30 3 CITY COUNCIL AGENDA N,,veipber 21, 1983 Briefing: 11:00 a.m. 1. Virginia Beach School Capital Improvement Prescntation ITEM 1. INFORKAL SESSION: 12:30 p.m. A. CALL TO ORDER - Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters for discussion by Council. E. CITY MANAGER'S ADMINISTRATIVE ITEMS 1 . Additional Infirniatiiii iri Draina e Ways as Requested by Council: PresciiLatic)n by C. Oral Latnl)crt:, Jr., DirectOr @f Public Works. 2. Discussion of 1983 Bond Ordinance. 3. Kempsville Meadows Golf Course Comaiittee ReporL. 4. Review of ConsenL A@lenda. ITEM 11. FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend C. Arthur Knaver Pastor Pembroke Manor United Church of Christ B. PLEDGE OF ALLEGIANCE TO THL' FLAG OF TIIE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of November 14, 1983. E. INDUSTRIAL REVENUE BOND RESOLUTIONS: 1. Resolution encouraging the Portsmouth Redevelopment and 11,@using Authority to issue Industrial Development Revenue Bonds to Lake Associates and Lake Associates No. 2 . 2. Resolution encouraging the Suffolk Redevelopment and Housing Authority ti issue Industrial De,elopment Revenue Bonds t,@ the Oxford Development Corporation. F. RESOLUTION: 1. Resolution to authorize the City Manager to employ a consultanr for review of the overall land uscs and zoning patterns in the Target areas and develop a cornprehensive land use schenic for each Target neighborhood. C. CONSENT AGENDA All matters listed under the Consent Agenda are cinsidered in the ordinary clurse of business by City Council and will be enacted by one inotion in the form lisled. There will be no separate discussion of these ite,,S. If discussion is desired, that item will be removed from the Consent Agenda and considcred separately. 1. Resolution requesting the Virginia Departmc@nt @f Ifighways aiid Transportacion ti design and construct Princess Anne Road as a controlled access facility frc)m the Ferrell Parkway intcrchange to Landstown Road. 2. Resolution authorizing the City Manager to sign the supplenienlal agreement between Carolina and Northwestern Railway Conipany and Virginia Beacli. 3. Ordinance appointing Viewers in the niatter of closing, vacating and discontinuing portioils of th,@se certain streets, known as Poplar StreeL, Pinc Street, Race Street and Tfiird SrreeL, in che peLiLion of Runnymede Corporation. (Lynnhaven Borough) 4. Raffle Permit: Marcii of Dinies - Birth Defects Foundation 5. Tax Refunds: $1,496.46 H. PLANNING: 1 Ordiiiances to amend atid reirjain Article 2, Section 200(a) of ttie Comprehensive Zoning Ordinance pertaining to regulaLions relating to lot area; Section 5.5 of the Subdivision Ordinance pertaining to street and other drainage; and Article 12, Section 1203 of tlie Comprehensive Zoning Ordinance pertaining to requiremenls applicable to tlie floodplain. a. Lctter fro,n the CiLy Ma@iager trarisfnits tlie intent @f the Planning Commission to offer no recommendation. 2. Applicarions of R. G. Moore f,@r changes of zoning in the Bayside Borough: (These applicatioiis wcre deferred October 17, 1983) a. From R-1 Residential District to PD-H 2 Planned Unic Developrnent District on Lwo parcels: south of Shell Road and east of the intersection of Shell Road and Northampton Boulevard. Sai6 parcels contain 49 acres. b. From R-5 Residential District to R-8 Residential District on a parcel ,n the east side of Baker Road, south of Anthony Lane and north along tho east side of Baker Road, containing 126.1 acres. C. From R-8 Residential District to PD-H 2 Planned Unit Developinent District on a par cel on the east siie of Baker Riad, south of Anthony Lane anj north aling the east side of Baker Road, conlaining 126.1 acres. d. From R-5 Residential I)istrict to B-2 Community-Business District on a parcel south ,f Shell Road, east of floosman Road, containing 1.1 acres. c. From R-1 Residential District-to B-2 Community Business Distr ct @n a parcel south of Shell road, east of Northampton Boulevard/Shell Road inlersection, contaiiiing 2.9 acres. Letters f r,@tn tlie City Manager trasnniit Lhe recommen6ations of the Planning Commissi.on for approval. 3. Applicatioti of R. C. Moore Building Corporation f,@r a change of zoning from R-8 Residential District' to A-2 ci-a Apartment Discrict 'c,n an 18.6-acre parcel 1,@cate' long south side of Bonney Roaci, east of Grays,,n Avcnue (Kempsville Birough). a. Lctter f r,)in the City Manager transmi@s the recomnicridatioii @f the Planiiing Cornrnission fir )val. 4. Applications of M.P.B., Inc., f,@r a change of zoning fr,@m R-8 Resi(jeiitial 5i7strict to B-2 Cotnmunity-Business District on a 3.367-acre parcel; AND, change of zoning from B-1 Business-Residential District to B-2 Comniunity-Business District on a 10.08-acre parcel. These sites are localed on the cast side of Princess anne Roaci, s,,uth @f Tiffany Lane (Kempsville and Princess Anne Bor,,ughs). a. Letter f r,@in Lhe CiLy Manager Lransmits the recominen(iation of the Plannilig Commission for approval. 5. ApplicaLion of Taylor-Jordan Associates for a modification t,, the Land Use Plan of Green Ruti ti inclu6e a c,@mmercial site c,f 2.414 acres located at the northeast c()rner of Lynnhaven Parkway and Independence Boulcvard (Kempsville Borough). a. Letter fr,@m tlie City Manager Lransmits the recoinmeridati,@n of thc Planning C,,@nmission for approval. 6. Applications of Jato, Inc., t/a Polynesian Retirement Trust, for a change of zoning from AC-1 Agricultural DistricL to R-5 Residential District on a 22.799-acre parcel; AND, change of zoning from AG-2 Agricultural Dist:rict to R-5 Residential District on a 14.419-acre parcel. These parcels are locate(i east ,f H,@lland riad, norlh of Princess Anne Road (Princess Anne Borough). a. Letter from Lhe City Manager transmits the recommendation of the Planiiing C,@nimissi,@n f,,r approval. 1. APPOINTMENTS J. UNFINISHED BUSINESS: 1. Ordinancc to amend the Master Strcet and Ilighway Plan dated December 16, 1974 pertaining t,@ relocating Baxter Road. (This matter was cleferred on November 7 anci Nivember 14, 1983). 2. Amendipent to Mastcr Street aiid tiighway Plan regarding Feasibility Study to reinstate Old Donation Parkway and excen6 Indian Lakes and South (Southern) Boulevards by Staff. (On October 10, 1983 Labled for Novcmber 7, 1983 and on Noveniber 7, 1983 deferred to November 21, 1983). 3. Cablecasting of City Council mectings- (Deferred on October 17, 1983 to N,@veniber 21, 1983). 4. Proposed Moratorium: Site Plans/Zoning Applicati()ns 5. Abstract of Votes - General Election - November 8, 1983 K. NEW BUSINESS L. ADJOURNMENT: 1. Motion to adjourn. PUBLIC IIEARING PROPOSED CAPITAL IMPROVEMENT PROGRAM FY 1983-84/1987-88 7:30 P.M. TUESDAY, NOVEMBER 29, 1983 KEMPSVILLE RECREATION CENTER M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 21, 1983 B R I E F T N C Virginia Beach School Capital Irnprovement Program 11:00 a.m. ME@,BERS OF CTTY COUNCIL PRESENT: John A. Bam Nancy A. Creech Harold Fieischober Vice Ilayor Barbara M. Henley H. Jack Jennings, Jr. Ilayor Louis R. Jones Robert C. Jones W. H. Kitchin, III Reba S. McClanan J. Henry McCoy, Jr., D.D.S. Meyera E. Oberndorf Dr. E. E. Brickell, Superintendent of Virginia Beach Schools, introduced Dr. Roy Woods, Chairman of the School Board, and Carlton Bowyer, Assistant Superintendent of Operational Services. Mr. Bowyer introduced George McGovern, Staff Assistant for Secondary Education, and William Vroman, Staff Assistant for Elementary Education. On November 10, 1983, the Virginia Beach School. Administration presented the Capital Improvement Program (CTP) to the School Board which felt it would be good for the City Council to have the szfme rationale in considering the future Capital Improvement Program for Vir.-inia Beach City Schools. Dr. Brickell noted that the '7capacity" of a school is not determined by the number of students, but rather by the educational programs that can be carried out in that building. He advised the School Board had adopted "housing goals" in 1974 and, since that time, many portable classrooms have been necessary to meet the demands of the population and Federal mandates. This will require boundary changes in the near future. Messrs. Bowyer and McGovern presented statistics and graphics, copies of which will be on record in the City Clerk's office. November 21, 1983 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia Nover,iber 21, 1983 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Louis R. Jones in the Conference Room, City Hall Building, on Monday, November 21, 1983, at Twelve Fifty-Five in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Mernbers Absent: None November 21, 1983 -2- ITEM # 20960 Mayor Jones entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an insti- tution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Councilman Baun, City Council voted to proceed into the EXECUTTVE SESSION following the INFORMAL SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None November 21, 1983 -3- M A T T E R S B Y M A Y 0 R / V I C E M A Y 0 R ENDEPENDENCE CENTER OF TIDEWATER ITEM # 20961 Mayor Jones stated the Endependence Center of Tidewater had requested (via letter) a member of Council and a private citizen of the City of Virginia Beach be appointed to its Board. Vice Mayor Henley agreed to attend one of the Board meetings on behalf of City Council. CANAL NO. 2 FLOOD CONTROL PROJECT ITEM # 20962 Vice Mayor Henley called attention to the deletion of the Canal No. 2 Flood Control Project from the Bill approved by the Senate Appropriations Committee. The City Manager stated he had written letters to Senators John W. Warner and Paul Trible requesting their support for including said project in the final Energy and Water Appropriations Bill which is to be considered by the Senate. November 21, 1983 -4- M A T T E R S B Y C 0 U N C I L CHARTER BONDS ITEM # 20963 Councilman McCoy requested the City Attorney draft a proposal for dis- cussion by Council (prior to the meeting by the General Assembly in January, 1984) regarding raising the City's limitations on Charter Bonds. Councilwoman McClanan made reference to the counties of Fairfax and Chesterfield and commented that all the monies they borrow have to be subject to Voter Referendum. SALARIES/BENEFITS OF COUNCIL MEMBERS AND THE MAYOR ITEM # 20964 Councilman Baum suggested the salaries and benefits of the Mayor and Council Members be examined. The Mayor requested City Attorney Bimson review the Code pertaining to this subject and report to the Council the results of that review. Discussion. PROPOSED MORATORIUM ON SITE PLANS/ZONING APPLICATIONS ITEM # 20965 Councilman Robert Jones suggested delaying a course of action on site plans/zoning applications (in relation to the water supply problem) until January 10, 1984 (deadline for the Corps of Engineers Construction Permit for the pipeline to Lake Gaston). See Item II-J.4 of the Formal Agenda. VIRGINIA MUNICIPAL LEAGUE ITEM # 20966 Councilman Robert Jones outlined items to be brought before the Legislature in January, 1984, by the Virginia Municipal League (as a result of its meeting October 16, 1983, in Riclunond). November 21, 1983 -5- M A T T E R S B Y C 0 U N C 1 L (continued) HURRICANE EVACUATION PLAN ITEM # 20967 In accordance with Council's previous request, the first results of the study on a Hurricane Evacuation Plan for the City are expected by August, 1984. Councilman Jennings expressed concern for the need to accelerate the receipt of this study prior to the hurricane season in 1984, and requested the City Manager relay this concern to the appropriate committee. FLOOD PLAINS ITEM # 20968 Councilman Baum commented that it was his understanding that the Army Corps of Engineers had updated its map on tidal flooding and requested the City Manager expedite these maps for Council's study. COMPREHENSIVE WATER PLAN TTEM # 20969 Councilwoman Oberndorf requested the City Attorney draft a proposal for a long-range water plan for the City (based on figures the City is using to obtain water from Lake Gaston). This Resolution was scheduled for December 5, 1983 (Formal Agenda). November 21, 1983 -6- M A T T E R S B Y C I T Y M A N A G E R DRAINAGE WAYS ITEM # 20970 C. Oral Lambert, Jr., Director of Public Works, stated the most recent 10-year storm was in July, 1969; 100-year storm -- August, 1964; 25-year storm -- June, 1963; 25-year storm -- September, 1959. The National Oceanographic Administration has the data requested on storrns as early as the 1950's; however, Mr. Lambert was unable to obtain the computer printout for this meeting. Councilman BaLn requested having the data mailed to Council members. Assistant City Engineer Carlton Thorne presented a graphic depicting the cross section of Salem Canal (requested by Council last week). He stated that the area shown in green indicated existing topography prior to improve- ments and the area shown in orange indicated filling that had taken place over the existing topography (flood plains under fully developed conditions 9.5-foot contour line). As requested by Council, the rationale for Detention Systems was outlined as follows: Positive Aspects of Detention Facilities 1. Reduction of peak runoff rates. 2. Reduction or elimination of downstream outfall facilities. 3. Prevention or mitigation of downstreain drainage problems. 4. Replenislment of groundwater supplies. 5. Decrease in soil erosion and better control of sediment deposition. 6. Improvement in receiving water quality. 7. Environmental amenities. 8. Ease of implementation in planned residential, commercial, and industrial developments. 9. Generally asthetically desirable. 10. Multiple use possibilities (recreational). 11. Reduction in capital costs for future improvements (downstream). 12. Increased land values and public acceptance for well designed "lake" systems. November 21, 1983 -7- M A T T E R S B Y C I T Y M A N A G E R (continued) DRAINAGE WAYS ITEM # 20970 (continued) Negative Aspects of Detention Facilities 1. Without proper design and controls, releases of stored runoff from multiple ponds may cause delayed peak flow hydrographs having greater peaks than the direct discharge hydrograph for a given drainage basin. 2. The effective operation of a detention facility depends on the sensitive balance between the required storage capacity and flow characteristics of the outlet control structure. 3. Land may not be available or suitable for detention. 4. Safety requirements may be difficult to satisfy. 5. Shallow detention ponds with permanent water pools are susceptible to eutrophication and declining water quality. 6. Variation of water depth during dry spells may affect the recreational value of multi.ple-purpose detention facilities. 7. Long-term effectiveness of detention facilities is questionable. 8. Public acceptance of on-site detention may be lacking. 9. Precautionary overflow measures must be provided. 10. Maintenance requirements may be high. November 21, 1983 -8- M A T T E R S B Y C I T Y M A N A G E R (continued) BOND ORDLNANCE - 1983 ITEM # 20971 "Ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $19,570,000": The City Manager advised that heretofore the City goes to the Bond Market annually in December; however, this year he requested Council consider a later date and asked for "flexibility" -- possibly January or February 1984. By consensus, the City Manager was authorized to secure the "best Bond Market" in accordance with his request. Councilman Jennings stated his desire to see a copy of the amendments to this Ordinance. Mayor Jones advised he should consult the City Manager. KEMPSVILLE MEADOWS GOLF COURSE ITFM # 20972 Giles G. Dodd, Assistant to the City Manager for Finance and Research, and Chairman of the Kempsville Meadows Golf Course Task Force, presented Council with a Summary Report dated November 21, 1983, outlining the proposed agreement between R. G. Moore, developer, and the City of Virginia Beach. The Task Force recommended two alternatives: (1) Buy the entire course; (2) Do not buy the course. The Sunnary Report is hereby made a part of the record. Councilman McCoy stressed the need for a timely decision in this matter. He suggested the matter be placed on the Agenda for December 5, 1983. The "Final Report on the Acquisition of Kempsville Meadows Golf and Country Club and Kempsville Meadows Swimming Club" was presented to Council and is hereby made a part of the record. Councilwoman Oberndorf and Councilman McCoy are members of the Task Force and reconmended purcbase of the entire Golf Course. REVIEW OF CONSENT AGENDA ITEM 20973 Discussion. (See Formal Agenda.) HOUSE JOINT RESOLUTION 36 ITIM 20974 The City Manager stated the Resolution pertaining to the question of restricting public bodies from using their own personnel and equipment in non-highway construction projects was to be an "add-on" under New Business in the Fomal Agenda. November 21, 1983 -9- RECESS INTO EXECUTIVE SESSION ITFM # 20975 City Council recessed into EXECUTIVE SESSION at Two Fifteen in the afternoon. November 21, 1983 -10- F 0 R M A L S E S S I 0 N VTRGINIA BEACH CTTY COUNCIL Virginia Beach, Virginia November 21, 1983 2:35 p.m. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Nancy A. Creech* INVOCATION: Reverend G. Arthur Knauer Pastor Pembroke Manor United Church of Christ PLEDGE OF ALLEGTANCE TO THE FLAG OF THE UNITED STATES OF AMERICA *Councilwoman Creech entered the meeting at 2:45 p.m. November 21, 1983 Item II-D.1 MINIJTES ITEM # 20976 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council APPROVED the Minutes of November 14, 1983. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech November 21, 1983 - 12- Item II-E.1 INDUSTRIAL REVENUE BOND RESOLUTION ITEM # 20977 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED a Resolution encouraging the Portsmouth Redevelopment and Housing Authority to issue Industrial Development Revenue Bonds to LAKE ASSOCIATES and LAKE ASSOCIATES NO. 2. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech November 21, 1983 - 'Z a.- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE ISSUED BY THE PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY Project Name: Lake Associates and Lake Associates #2, Virginia limited partnerships Location: 5721 Hampshire Lane Description of Project: Y@ulti-family housing project known as Lake Edward Apartments Amount of Bond Issue: $25,000,000 Principals: Benjamin J. Levy The purpose of this Resolution is to encourage and invite the Portsmouth Redevelopment and Housing Authority to issue its special housing revenue bonds for the benefit of Lake Associates and Lake Associates #2. A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bonds. - 1 2 6 - ESOLUTION WHEREAS, Lake Associates and Lake Associates No. 2, Virginia limited Partnerships now being organized (collectively, the "Developer'-) desire to acquire a multi-family housing project in the City of Virginia Beach, Virginia, and to operate the housing project so as to make available at least 20% of the housing units to persons of low or moderate income; and WHEREAS, the City of Virginia Beach wishes to foster the availability of housing to persons of low or moderate income; and WHEREAS, the Developer desires to finance the acquisition of said housing project with the proceeds of industrial development bonds exempt from taxation pursuant to Section 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Portsmouth Redevelopment and Housing Authority has the power to make loans for assistance in planning, undertaking and financing housing projects, and has the power to issue its bonds for the benefit of the Developer to make such a loan; and WHEREAS, there is a shortage of safe or sanitary dwelling accomodations in the City of Virginia Beach available to persons of low income at rentals they can afford; and WHEREAS, these conditions can best be remedied through the exercise of the Portsmouth Redevelopment and Housing Authority's powers with the City of Virginia Beach; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Portsmouth Redevelopment and Housing Authority to exercise its aforesaid powers within the City of Virginia Beach for the purposes hereinabove described, and the Authority is invited and encouraged to issue its bonds for the benefit of the Developer and the furtherance of said purposes. 1- 83 - t Z @ - 2. The Chairman or Vice-Chairman of or counsel selected by the Authority is hereby authorized to attend to the institution of a proceeding on the Authority's behalf, if requested to do so by the Developer, in the Circuit Court of the City of Portsmouth to provide for the judicial validation of the bonds pursuant to Article 6, Chapter 5, Title 15.1 of the Code of Virginia of 1950, as amended, and, in connection therewith, to take whatever further action, including the prosecution of an appeal, as is deemed necessary or desireable in order to provide for validation of the bonds. 3. These resolutions shall not be deemed an endorsement of said bonds or the creditworthiness of the Authority, the Developer or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged therefor. 2 -13- Item II-E.2 INDUSTRIAL REVENUE BOND RESOLUTION ITM # 20978 Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Counci.1 ADOPTED a Resolution encouraging the Suffolk Redevelopment and liousing Authority to issue Industrial Development Revenue Bonds to the OXFORD DEVELOPMENT CORPORATION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. 11. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay,. None Cotinci.1 Members Absent: Nincy A. (-,reech November 21, 1983 SUMMARY SHEET CITY OF VIRGIMIA BEACH DEVELOPMENT AUTHORITY APPROVAL OF INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE ISSUED BY THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY Project Name: Oxford Development Corporation Location: Off Bonney Road between Thalia Gardens and Thalia Trace Description of Project: 440-unit garden apartment project Runaway Bay Apartments Amount of Bond Issue: Not to exceed $21,000,000 Principals: Privately-owned corporation The purpose of this Resolution is to encourage and invite the Suffolk Redevelopment and Housing Authority to issue its Special Revenue Bonds for the benefit of Oxford Development Corporation. A fiscal impact statement will be attached to and submitted with the Resolution approving the issuance of the bonds. R E S 0 L U T I 0 N WHEREAS, the Oxford Development Corporation (the "Developer"), or a limited partnership to be formed by the Developer,,desires to construct a 440-unit multifamily garden apartment project ( e "Project") in the City of Virginia Beach; and WHEREAS, the City of Virginia Beach wishes to induce construction of housing in order to provide needed apartment dwellings; and WHEREAS, the Developer desires to finance the development of the Project with the proceeds of revenue bonds exempt from taxation pursuant to Section 103(b)(4)(A) of the Internal Revenue Code; and WHEREAS, the Suffolk Redevelopment and Housing Authority (the "Authority") has power to make loans for assistance in housing construction and has indicated its willingness to issue its bonds for the benefit of the Developer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA: 1. There is a need for the Authority to exercise its aforesaid powers within the City of Virginia Beach for the purposes hereinabove described, and the Authority is invited and encouraged to issue its bonds for the benefi@ of the Developer and the furtherance of said purposes. 2. This resolution shall not be deemed an endorsement of said bonds and the credit worthiness of the Authority, the Developer or any other person or entity, and the bonds shall provide that the City shall not be obligated to pay the bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. Item II-F.1 RESOLUTION ITEM # 20979 Upon motion by Councilman Heischober, seconded by Councilman Jennings, City Council DEFERRED, for thirty (30) days (to January 9, 1984), a Resolution to authorize the City Manager to employ a Consultant for review of the overall land uses and zoning patterns in the Target Areas and develop a Comprehensive Land Use scheme for each Target Neighborhood. The matter was deferred to allow the City Manager to obtain more specific details on Target Neighborhoods. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 21, 1983 -14a- RESOLUTION WHEREAS, the City of Virginia Beach Citizen Advisory Committee was created to assist in the preservation and upgrading of designated target areas; AND WHEREAS, the City Council appointed a Land Use task force to review the zoning and land use in the target neighborhoods; and said task force articulated the desires of the target area residents for their neighborhoods to maintain its residential character; BE IT KNOWN, that we have worked hard to preserve and protect target areas as residential neighborhoods and the city has spent millions of federal dollars to alleviate the blight within these target areas. However, some of the present zoning of these communities have created unv,ented industries and businesses; BE IT THEREFORE RESOLVED, that the City Manager employ a consultant to review the overall land uses and zoning patterns of the target areas and develop a comprehensive land use scheme for each target neighborhood which will 1) recorivnend rezoning of 5pecific business or industry sites to a resi- dential use, 2) recommend maintaining business or industry sites as presently zoned in the neighborhoods, and/or 3) recommend residential zoning patterns whith are compatible and harmonious to each other; BE IT FURTHER RESOLVED, that City Council defer action on all target neighborhood rezoning applications and conditional use permits which are for apartment, townhouse, business and industrial development until the comprehensive land use schemes are developed; BE IT FURTHER KNOWN, that the Citizen Advisory Corrwnittee vehemently supports deferral of action on any rezonings and conditional uie permits, and deferral of any action which would permit development of property which is currently zoned for apartment, townhouse, business and industrial use in the target neighborhoods until a Comprehensive land use schemes are developed, in an effort to preclu@e exploritation and destruction of target neighborhoods, and to preserve and perpetuate these areas. November 21, 1983 -15- Item II-G. CONSENT AGENDA ITEM # 20980 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council APPROVED, in ONE MOTION, Items 1 through 5 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 21, 1983 -16- Item II-G.1 CONSENT AGENDA IT124 # 20981 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council ADOPTED a Resolution requesting the Virginia Department of Highways and Transportation to design and construct Princess Anne Road as a controlled access facility from the Ferrell Parkway interchange to Landstown Road. Robert J. Scott, Director of Planning, defined CONTROLLED ACCESS as follows: Roads are defined in three (3) categories: LIMITED ACCESS: There are no intersecting streets nor roads (such as the Virginia Beach Expressway). NO RESTRICTIONS: Property owners are allowing access as determined to be in the best interest of the City. CONTROLLED ACCESS: "Somewhere in between limited access and no restrictions" whereby curb cuts are not allowed (but not to the detri- ment of a property owner) such as Ferrell Parkway, the only controlled access road in the City at this time. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 21, 1983 - IG&- R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach, Virginia has requested an urban project to design and construct Princess Anne Road - Phase Ill from Windsor Oaks Boulevard to Landstown Road by Resolution dated March 28, 1983, and WHEREAS, the Ferrell Parkway facility, when constructed will greatly increase the traffic load on Princess Anne Road between the Ferrell Parkway interchange and Landstown Road, and WHEREAS, the majority of development that has occurred along Princess Anne Road in this vicinity has been developed with either temporary access or no access to Princess Anne Road, and WHEREAS, Princess Anne Road from the Ferrell Parkway interchange to Landstown Road is part of the planned Ferrell Parkway facility which has been denoted as a controlled access facility in the City of Virginia Beach Master Street and Highway Plan. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Department of Highways and Transportation is hereby requested to design and construct Princess Anne Road as a controlled access facility from the Ferrell Parkway interchange to Landstown Road. -17- Item 11-G.2 CONSENT AGENDA ITEM # 20982 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council ADOPTED a Resolution authorizing the City Manager to sign the supplemental agreement between Carolina and Northwestern Railway Company and Virginia Beach. City Manager Muehlenbeck stated August 5, 1983, was the date the agreement was drafted; however, the effective date will be the date Council approves same; i.e., November 21, 1983. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 21, 1983 -17 a- RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE SUPPLEMENTAL AGREEMENT SETWEEN CAROLINA AND NORTHWESTERN RAILWAY COMPANY AND VIRGINIA BEACH WHEREAS, the City of Norfolk, as predecessor in title of certain water facilities now owned by the City of Virginia Beach did, on February 1, 1944, enter into an Agreement with the Norfolk-Southern Railway Company, predecessor in interest to the Carolina and Northwestern Railway Company; and WHEREAS, the City may in the future wish to relocate said water line which was the subject of said Agreement; and WHEREAS, such relocation requires an amendment to the aforementioned Agreement of 1944. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be and hereby is authorized to execute the Supplemental Agreement, a copy of which is attached hereto and made a part hereof, on behalf of the City of Virginia Beach between Carolina and Northwestern Railway Company and the City of Virginia Beach, said Agreement bearing date of August 25, 1983. Adopted by the Council of the City of Virginia Beach, Virginia, on November 21 1983. RES.3 RHM/da 11/3/83 EFFECTIVE DATE OF THE AGREEMENT SHALL BE THE DATE OF COUNCIL'S ACTION: Twenty-First day of November, Nineteen Hundred Eighty-Three November 21, 1983 Iteia 11-G.3 CONSENT AGENDA ITFM # 20983 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council ADOPTED an Ordinance appointing Viewers in the matter closing, vacating and discontinuing portions of those certain streets known as Poplar Street, Pine Street, Race Street and Third Street in the petition of RUNNYMEDE CORPORATION (Lynnhaven Borough). Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 21, 1983 -18a- FINE, FINE, LEGUM & FINE CERTIFICATE OF VESTING OF TITTE I, Gardiner M. Haight, attorney for The Runhymede Corporation, do hereby certify that: 1. I am an attorney at law and represent The Runnymede Corporation, the petitioner. 2. If the property described below is discontinued, closed, and vacated by the Council of the City of Virginia Beach, Virginia, then titled to said property will vest in The Runnymede Corporation, the Commonwealth of Virginia, Robert W. Rodgers, and Martin L. Cornick, Jr., and Margaret Wilson Cornick, the adjacent landowners. 3. The said property referred to herein is hereby described as follows: Pine Street beginning at the Southeast corner of tot 20, Block 9, on the Plat of Jacksondale, recorded in Map Book 55, page 24, thence North 04'24'13' East a distance of 106.40 feet to a point and thence North 85'04113' East a. distance of 66.89 feet to a point and thence South 040241 13' West a distance of 115.31 feet to a point and thence North 87*16'52" West a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.168 acre of Pine Street.) Poplar Street beginning at the Southeast corner of rot 20, Block 10, on the Plat of Jacksondale, recorded in Hap Book 55, page 24, thence North 04'24113' East a distance of 91.42 feet to a point and thence South 69*44'32" East a distance of 68.61 feet to a point and thence South 04024113' West a distance of 70.74 feet to a point and thence North 87*16'52" West a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.123 acre of Poplar Street.) November 21, 1983 -18b- FINE, FINE, LEGUM & FINE Third Street beginninct at the Southwest Corner of Lot 20, 13lock J, Plat of Par-t of Jacksondale, for the Rosemont Corporation, recorded in Map Book 2, page 51, thence South 87016'52" East a distance of 151.31 feet to a oint and thence South 60030,46- East a distance of lll.OP2 feet to a point and thence North 87016,52- West a distance of 251.90 feet to a point and thence North 04'24113' East a distance of 50.02 feet to the point of beginning. (Portion to be vacated is designated as 0.231 acre of Third Street) . Race Street beginning at its easterl-v side at its intersection with the Southerly side of the Right-of-Way of Route 44 (North-Virginia Beach Expressway) , thence North 75*04'59" West a distance of 26.0SS feet to a point and thence North 60*30146" West a distance of 44.55 feet to a point and thence South 04*24113" wes t a distance of 66.25 feet to a point and thence South 60'30146' East a distance of 24.13 feet to a point and thence South 75*04159" East a distance of 44.90 feet to a point and thence North 04'24'13' East a distance of 61.02 feet to the point of beginning. (Portion to be vacated is designated as 0.096 acre of Race Street.) GARDINER November 21, 1983 -18c- ORDINANCE APPOINTING VIEWERS WHEREAS, The Runnymede Corporation has given due and proper notice, in accordance with the statutes for such cases ade and provided that they will on the 21st day of November, 1983, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portions of those certain streets of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portions of those certain streets of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Pine Street beginning at the Southeast corner of Lot 20, Block 9, on the Plat of Jacksondale, recorded in Map Book 55, page 24, thence North 04'2411311 East a distance of 106.40 feet to a point and thence North 85@04'13" East a distance of 66.89 feet to a point and thence South 04024113' West a distance of 115.31 feet to a point and thence North 87'16'52" West a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.168 acre of Pine Street.) November 21, 1983 -18d- Poplar Street beginning at the Southeast corner of Lot 20, Block 10, on the Plat of Jacksondale, recorded in Map Book 55, page 24, thence North 04'24113' East a distance of 91.42 feet to a point and thence South 69'44132- East a distance of 68.61 feet to a point and thence South 04*24113- West a distance of 70.74 feet to a point and thence North 87*16'52" West a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.123 acre of Poplar Street.) Third Street beginning at the Southwest Corner of Lot 20, Block J, Plat of Part of Jacksondale, for the Rosemont Corporation, recorded in Map Book 2, page 51, thence South 87*16'52" East a distance of 151.31 feet to a point and thence South 60*30'46- East a distance of 111.02 feet to a point and thence North 87'16'52- West a distance of 251.90 feet to a point and thence North 04'24'13' East a distance of 50.02 feet to the point of beginning. (Portion to be vacated is designated as 0. 231 acre of Third Street). Race Street beginning at its easterly side at its intersection with the Southerly side of the Right-of-way of Route 44 (North-Virginia Beach Expressway) , thence North 75*04'59" West a distance of 26.09 feet to a point and thence North 60'30'46" West a distance of 44.55 feet to a point and thence South 04*24113" West a distance of 66.25 feet to a point and thence South 60'30'46' East a distance of 24.13 feet to a point and thence South 75'041591 East a distance of 44.90 feet to a point and thence North 04'241131 East a distance of 61.02 feet to the point of beginning. (Portion to be vacated is designated as 0.096 acre of Race Street.) All the above as shown upon that certain plat entitled, "Plat Showing Portions of Race Street, Poplar Street, Pine Street, and Third Street To Be Closed - Lynnhaven Borough - Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed streets. November 21, 1983 -18e- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING PORTIONS OF THOSE CERTAIN STREETS, KNOWN AS POPLAR STREET, PINE STREET, RACE STREET AND THIRD STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, 'PLAT SHOWING PORTIONS OF RACE STREET, POPLAR STREET, PINE STREET, AND THIRD STREET - LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA-, WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, The Runnymede Corporation, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of portions of those certain streets, which are more specifically described as follows: Pine Street beginning at the Southeast corner of Lot 20, Block 9, on the Plat of Jacksondale, recorded in Map Book 55, page 24, thence North 04'24113' East a distance of 106.40 feet to a point and thence North 85*04113" East a distance of 66.89 feet to a point and thence South 04'241131 West a distance of 115.31 feet to a point and thence North 87*16152" west a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.168 acre of Pine Street.) Poplar Street beginning at the Southeast corner of Lot 20, Block 10, on the Plat of Jacksondale, recorded in Map Book 55, page 24, thence North 04'241131 East a distance of 91.42 feet to a point and thence South 69'44132" East a distance of 68.61 feet to a point and thence South 04'241131 West a distance of 70.74 feet to a point and thence North 87*16152" West a distance of 66.03 feet to the point of beginning. (Portion to be vacated is designated as 0.123 acre of Poplar Street.) Third Street beginning at the Southwest Corner of Lot 20, Block J, Plat of Part of Jacksondale, for the Rosemont Corporation, recorded in Map Book 2, page 51, thence South 87'161521 East a distance of 151.31 feet to a point and thence South 60'35146" East a distance of 111.02 feet to a point and thence North 87'16152' West a distance of 251.90 feet to a point and thence North 04*24113" East a distance of 50.02 feet to the point of beginning. (Portion to be vacated is designated as 0.231 acre of Third Street). November 21, 1983 -18f- Race Street beginning at its easterly side at its intersection with the Southerly side of the Right-of-Way of Route 44 (North-Virginia Beach Expressway) , thence North 75*04159" West a distance of 26.09 feet to a point and thence North 60*301461 West a distance of 44.55 feet to a point and thence South 04'24113' West a distance of 66.25 feet to a point and thence South 60*30'46' East a distance of 24.13 feet to a point and thence South 75'041591 East a distance of 44.90 feet to a point and thence North 04*24'13" East a distance of 61.02 feet to the point of beginning. (Portion to be vacated is designated as 0.096 acre of Race Street.) Said parcels of land being portions of Pine Street, Poplar Street, Race Street, and Third Street, as indicated on that certain plat entitled "Plat Showing Portions of Race Street, Poplar Street, Pine Street, and Third Street To Be Closed - Lynnhaven Borough - Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed streets. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said streets and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted streets proposed to be closed and to report in writing to the Council on or before the day of ., 1983, as to whether in the opinion of said Viewers, what inconvenience, if ahy, would result from the discontinuance and closing of these portions of said streets, as herein reported and described. 3. That on the 9th day of October, 1983, and on the 16th day of October, 1983, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia.. November 21, 1983 -18g- 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted streets are your Petitioner herein, The Runnymede Corporation, The Commonwealth of Virginia, Robert W. Rodgers, 1012 Butternut Lane, Virginia Beach, Virginia 23452, and Martin L. Cornick, Jr., and Margaret Wilson Cornick, 6433 Eleanor Court, Norfolk, Virginia 23508. Respectfully submitted, THE RUNNYMEDE CORPORATION BY: @F COUNgEt GARDINER M. HAIGHT FINE, FINE, LEGUM & FINE 720 PLUME CENTER WEST NORFOLK, VA 23510 November 21, 1983 -19- Item II-G.4 CONSENT AGENDA ITEM # 20984 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council APPROVED a Raffle Permit for MARCH OF DIMES - BIRTH DEFECTS FOUNDATION. Voting: 11-0 Counci.1 Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council MeTnbers Voting Nay: None Council Members Absent: None November 21, 1983 -20- Item II-G.5 CONSENT AGENDA ITEM # 20985 Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council ADOPTED an Ordinance authorizing Tax Refunds (in the amount of $1,496.46) upon application of certain persons and upon certification of the Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 21, 1983 PM NO. C.A. 7 -20a- 11/4/83 EMC AN ORDINANCE AUTHOSIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following appllcations for tax refunds upon certification of the Treasurer are hereby ap@: NAME Tax Type Ticket Exonem- D:!e Penalty 1st. Total Year of Tax Mumber tion No. P id Pizza Hut of America 79 pp 109549 5/31/79 441.84 Pizza Hut of America 80 pp 135295 12/5/80 408.78 Pizza Hut of America 81 pp 95789 6/23/81 529.72 Estate of Vernon K Matthews 80 pp 73953 5/16/80 24.96 Estate of Vernon K Matthews 81 pp 78182 5/21/81 14.16 Mark R Wintgens 81 pp 147498 1/11182 77.00 Total 1,496.46 ]OAI f-.A,w This ordinance shall be effective from date of adoption. The above abatement(s) totaling Ce paymen $IAQ6 46 were approved by the Councli of the City of Virginia Beach on the 21 day of 1983. o@hn TUAtkinsofi, TWSIUF# Approved as to form: Ruth Hodges Smith City Clerk @l. W& /f/t@ ii@bi-ms'o@ City Attorney -21- Item 11 H.1 PLANNING ITEM # 20986 Opposition: Attorney Grover Wright, representing a property owner Attorney David Miller, representing Sandbridge residents Robert Josephberg, builder and owner in Sandbridge Maxine Graham, Sandbridge resident Robert Fentress, President of Virginia Beach Chamber of Commerce (presented a written statement which is hereby made a part of the record) Attorney Sam Houston Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council DEFERRED for two weeks (to December 5, 1983): Ordinance to amend and reordain Article 2, Section 200(a) of the Comprehensive Zoning Ordinance pertaining to regulations relating to lot area; Ordinance to amend and reordain Article 12, Section 1203, of the Comprehensive Zoning Ordinance pertaining to requirements applicable to the flood plain; Ordinance to amend and reordain Section 5.5 of the Subdivision Ordinance pertaining to street and other drainage. As part of the motion, Council agreed that no application would be approved unless there was a GOOD FAITH AGREEMENT by the Applicant. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IIII Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal aye. November 21, 1983 -2la- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 200(a) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO REGULATIONS RELATING TO LOT AREA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 200, Zoning lots, of the C.Z.O. be amended and re- ordained in part as follows: 200. Zoning lots. (a) Lot area. The gross area of a zoning lot shall be the total area within the lot lines of the zoning lot, including (1) Public and private utility easements, (2) easements for ingress e* and egress in favor of others, et-*aaomoara (3) natural flood fringes, (4) manmade drainage are 5 ;tr7ctedtprima @.r storage or retention of stormwate: rzono f r. he lot, (5) those parts ot &ra@e easements above the normal level of water contained therein, and 6) the entirety of drainage easements, including water, that cover stream ::,a@Torig; normal width while traversing the ot is less :h:hno et, but not InFlud-inR (1) the floodway portion of a na tural floo dpl, in,2 a y body of water except as mentioned above, 3 any manmade drainage areas such as borrow pits constructed primarily fo 5 hlnr th to e and ad:n it:on:ag r::7:n for all retention of stormwater, and @4p)uw d:! districts except the AG-1 and AG-2 Districts, the required lot area shall not be 4@n&4r," "4.y-o- 4"avm"4@l.V-4 ad below an elevation of six (6) feet above mean sea level; provided, however, that in the case of the R-1 District not more than forty (40) percent of the required area and in the R-2 District not more than twenty (20) percent of the required area may be in marsh or permanently or intermittently inundated or located below an elevation of six (6) feet above mean sag level. APPRO@ED AS TO Adopted by the Council of the City of Virginia Beach, Vir day of 1983. T Q CIT r J"It,:EY November 21, 1983 -2]b- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 12, SECTION 1203 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO REQUIREMENTS APPLICABLE TO THE FLOODPLAIN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 12, Section 1203, Special requirernents applicable to the floodplain, of the C.Z.O. be amended and reordained in part as follows: (c) Floodplains subject to special restrictions. Notwithstanding provisions of this ordinance to 'he contrary, tlere shall be no filling permitted that would decreas e the flool to ,nd,tl,n;a, ct stormwater flow c a: d City Engineer except for the P!rtermin:df u pose rgon review by the !dway constructi on or other simliar public works construction 1n a@y ? the "O"Ow n, toolplains; (1) North and its trlbutaries s"th of L@nnhave way; tributaries south ot 5hippS Corner Roaa and London uridge Roa(i; a:d, :, BP and creeks compri-si-ng t e ac ay system south ot 5 n ck o:d and east ot Princess Anne Road. Adopted by the Council of the Ci'ty of Vi'rginia Beach, Virginia, on the day of 19 AS TfZ @T SICiqAIURE CITY ATlURN,;Y November 21, 1983 -21c- AN ORDINANCE TO AMEND AND REORDAIN SECTION 5.5 OF THE SUBDIVISION ORDINANCE PERTAINING TO STREET AND OTHER DRAINAGE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5.5, Street and other drainage, of the Subdivision Ordinance be amended and reordained in part as follows: 5.5 Street and other drainage. Every subdivision shall have a drainage system adequate for the type of development proposed and so related to existing or potential surrounding development as to form a logical part of a coordinated system minimizing potential drainage problems for the general area. No plan or development shall take such form as to create potential or actual impoundment of water on, or discharge of water onto, adjacent property in such a manner as to (a) affect adversely existing development, or (b) increase problems of future development on such adjacent property, except with the written and recorded consent of the adjoining property owners affected and the approval of the department of public works. To these ends, the department of public works is empowered to require such changes in plans or to establish such minimum and maximum elevation@ and gradients in particular subdivisions or to require employment of such measures as onsi@te retention of stom- water as necessary to provide for orderly and efficient development o@coordi a@ted drainage systems, even though the drainage proposed for a particular subdivision might be adequate for the subdivision itself. In addition, where adjoining lands are in districts with varying improvement requirements or in other cases where similar adjustments are necessary, the department of public works is em- powered to establish such transitional requirements as to types of curbs and gutters, storm drains and the like as are appropriate and reasonably necessary in the circumstances of the case. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1983. T C i T Y November 21, 1983 -22- Item 11-H.2 PLANNING ITEM # 20987 Attorney Grover Wright represented the applicant. Opposition: Attorney E. Leslie Cox, representing Mrs. Ursula Jones (presented written opposition which is hereby made a part of the record) Attorney William R. Wahab, representing Citizens Against Incompatible Rezoning (presented letter dated November 19, 1983 regarding Sajo Farms Rezoning and a Consultant's Report on same, both of which are hereby made a part of the record) Robert Calewski, President of Citizens Against Tncompatible Rezoning John Perry, representing L & J Gardens Civic League Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City Council ADOPTED Ordinances upon application of R. G. MOORE for Changes of Zoning as follows, conditioned upon: 1. No flag lots unless granted by Subdivision Variance and approved by City Counci.l. 2. A hydrology study establishing a comprehensive drainage system with the stipulation that no more runoff be allowed into Lake Lawson than would occur from develop- ment under existing zoning to be achieved by use of an on-site retention system, if it is determined that it is necessary, and extensive natural buffering along lake shorelines to remain undisturbed. 3. Reduction of the number of dwelling units to 796. 4. Parking for townhouse districts shall be two spaces per dwelling. 5. Sufficient width as needed to provide up to an 18-foot dedication along the frontage on Baker Road, 33 feet from the centerline of the old 30-foot right- of-way, to provide for an ultimate 66-foot right-of- way as per the Master Street and Highway Plan. The right-of-way needed for Diamond Springs Road Extended has been acquired with the Diamond Springs Road Extended Project. November 21, 1983 -23- Item II-H.2 PLANNING ITEM # 20987 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-1 TO PDH-2 Z01183772 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation of a Change of Zoning District Classification from R-1 Residential District to PDH-2 Planned Unit Development District on certain property located along the south side of Shell Road. Parcel 1: On certain property beginning at a poin @120 feet more or less south of Shell Road at a point 210 feet more or less east of the intersection of Shell Road and Northampton Boulevard, running in a southeasterly direction a distance of 506.33 feet, running in a north- westerly direction a distance of 15.47 feet, continuing in a northwesterly direction a distance of 176.50 feet, running in a northerly direction a distance of 328 feet, running in a northeasterly direction a distance of 79 feet. Parcel 2: On certain property beginning at a poin@i5O feet more or less south of Shell Road, 250 feet more or less east of the inter- section of Shell Road and Northampton Boulevard, running in a soutbeasterly direction a dis- tance 59.48 feet, continuing in an easterly direction a distance of 296.03 feet, running in a southerly direction a distance of 670.98 feet, running in an easterly direction a dis- tance of 640.22 feet, continuing in a northeasterly direction a distance of 197 feet, running in a southerly direction a distance of 76 feet, running in an easterly direction a distance of 72 feet, running in a northeasterly direction a distance of 118 feet, continuing in a north- easterly direction a distance of 105.50 feet, continuing in a northeasterly direction a distance of 127 feet, running in a southeasterly direction a distance of 91 feet, running in a northeasterly direction a distance of 117.5 feet, running in an easterly direction a dis- tance of 116 feet, running in a southwesterly direction a distance of 132 feet, continuing in a southwesterly direction a distance of 155 feet, continuing in a southwesterly direction a distance of 186 feet, running in a south- easterly direction a distance of 97 feet, running in a southerly direction a distance of 158 feet, running in a southeasterly direction a distance of 91.50 feet, running in a north- November 21, 1983 -24- Item II-H.2 PLANNING ITEM @f 20987 (continued) easterly direction a distance of 461.05 feet, running in a northerly direction a distance of 51.40 feet, running in a northeasterly direction a distance of 49.50 feet, running in an easterly direction a distance of 64.96 feet, continuing in a northeasterly direction a distance of 180.55 feet, running in a southeasterly direction a distance of 616.77 feet, running in a westerly direction a distance of 136.04 feet, running in a northwesterly direction a distance of 125.76 feet, running in a southwesterly direction a distance of 52.59 feet, running in a southerly direction a distance of 57.03 feet, running in a southwesterly direction a distance of 477.74 feet, running in a southeasterly direction a distance of 96 feet, running in a northeasterly direction a distance of 278 feet, running in an easterly direction a distance of 206 feet, running in a southwesterly direction a distance of 470 feet, runni.ng in a southeasterly direction a distance of 88 feet, running in a north- easterly direction a distance of 386 feet, running in a southeasterly direction a distance of 146 feet, running in a northeasterly diraction a distance of 329 feet, running in a south- westerly direction a distance of 507 feet, continuing in a southwesterly direction a distance of 98 feet, continuing in a south- westerly direction a distance of 912 feet, continuing in a southwesterly direction a distance of 389.5 feet, continuing in a south- westerly direction a distance of 138.10 feet, running in a westerly direction a distance of 256 feet more or less to the official R-5/R-1 zoning line, running along the official R-5/ R-1 zoning line a distance of 1,550+ feet in a northwesterly direction, running in a northerly direction a distance of 227 feet, continuing in a northwesterly direction a distance of 200 feet more or less, running in a northerly direction a distance of 275 feet. Said parcels contain 49 acres. BAYSIDE BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. A N D, November 21, 1983 -25- Item II-H.2 PLANNING ITEM # 20987 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-5 TO R-8 Z01183773 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification fro @R-5 Residential District to R-8 Residential District on certain property located along the east side of Baker Road beginning at a point 168.24 feet south of Anthony Lane, running in an easterly direction a distance of 834.69 feet, running in a northerly direction a dist.ance of 187.05 feet, running in an easterly direction of 847.34 feet, running in a northwesterly direction a distance of 189.63 feet, running in a northeasterly direction a distance of 2.50 feet, running in a north- westerly direction a distance of 124.47 feet, continuing north a distance of 40.59 feet, running in a southerly direction a distance of 190.59 feet, running in a northwesterly direction a distance of 140 feet, running in a northerly direction a distance of 215 feet to the official R-5/R-1 zoning line, running in a southeasterly direction a distance of 1,550 feet along the official R-5/R-1 zoning line, running in a westerly direction a dis- tance of 1,650 feet, running in a southerly direction a distance of 603.55feet, running in a westerly direction a distance of 1,389.40 feet and running north along the east side of Baker Road a dislance of 1,861.98 feet. Said parcel contains 126.1 acres. BAYSIDE BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. A N D, November 21, 1983 -26- Item II-H.2 PLANNING ITEM # 20987 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANCE OF ZONING FROM R-8 TO PDH-2 Z01183774 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-8 Residential District to PDH-2 Planned Unit Development District on certain property located along the east side of Baker Road beginning at a point 168.24 feet south of Anthony Lane, running in an easterly direction a distance of 834.69 feet, running in a northerly direction a distance of 187.05 feet, running in an easterly direction a distance of 847.34 feet, running in a northwesterly direction a distance of 189.63 feet, running in a northeasterly direction a distance of 2.50 feet, running in a north- westerly direction a distance of 124.47 feet, continuing north a distance of 40.59 feet, running in a southerly direction a distance of 190.59 feet, running in a northwesterly direction a distance of 140 feet, running in a northerly direction a distance of 215 feet to the official R-5/R-1 zoning line, running in a southeasterly direction a distance of 1,550 feet along the official R-5/R-1 zoning line, running in a westerly direction a distance of 1,650 feet, running in a southerly direction a distance of 603.55 feet, running in a westerly direction a distance of 1,389.40 feet and running north along the east side of Baker Road a distance of 1,861.98 feet. Said parcel contains 126.1 acres. BAYSIDE BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. A N D, November 21, 1983 -27- Item 11-H.2 PLANNING ITEM # 20987 (continued) ORDINANCE UPON APPLICATION OF R. -1. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-5 TO B-2 Z01183775 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification fr m@R-5 Residential District to B-2 Community-Business District on certain property beginning at a point 42.59 feet more or less south of Shell Road, 540 feet more or less east of Hoosman Road, running in a southeasterly direction a distance of 215 feet along the official R-5/R-1 zoning line, running in a southerly direction a distance of 215 feet, running in a southwesterly direction a distance of 140 feet, running in a north- westerly direction a distance of 312.46 feet more or less. Said parcel contains 1.1 acres. BAYSIDE BOROUGH. This Ordinance shall be effective from the date of adopti.on. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. A N D, November 21, 1983 -28- Item 11-H.2 PLANNING ITEM # 20987 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BTJILDING CORPORAT10N FOR A CHANGE OF ZONING FROM R-1 TO B-2 Z01183776 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-1 Residential District to B-2 Community-Business District on certain property beginning at a point 110 feet more or less south of Shell Road, east of the Northampton Boulevard/Shell Road intersection, running in a northwesterly direction a distance of 79 feet, running in a southeasterly direction a distance of 53.77 feet, running in a northeasterly direction a distance of 167 feet, running a distance of 110.05 feet in a southeasterly direction, running a distance of 275 feet more or less in a southwesterly direction, running a distance of 166 feet in a southeasterly direction, running a distance of 227 feet in a southerly direction, running a distance of 215 feet in a westerly direction along the official R-5/R-1 zoning line, running in a northwesterly direction a distance of 527.59 feet more or less. Said parcel contai-ns 2.9 acres. BAYSIDE BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. November 21, 1983 -29- Item II-H.2 PLANNING ITEM # 20987 (continued) Voting: 7-4 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Vice Mayor Barbara M. Henley, W. H. Kitchin, Ill, Reba S. McClanan, Meyera E. Oberndorf Council Members Absent: None November 21, 1983 -30- Item 11-H. 3 PLANNING ITEM # 20988 Attorney Grover Wright represented the applicant. Jim Flummer of Kempsville Gardens spoke in favor of the application. Upon motion by Councilwoman Oberndorf, seconded by Councilman Kitchin, City Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING CORPORATION for a Change of Zoning from R-8 to A-1 (Modified from A-2), based on the fact that the City Manager's letter dated November 21, 1983, stated that approval of A-2 could establish a precedent for increased density on 60 more acres of undeveloped lan@ located between Bonney and Baxter Roads. ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CBANGE OF ZONING FROM R-8 TO A-1 (MODIFIED FROM A-2) Z01183777 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from R-8 Residential District to A-1 Apartrnent District (Modified from A-2) on certain property located on the south side of Bonney Road beginning at a point 210 feet more or less east of Grayson Road, running a distance of 60 feet along the south side of Bonney Road, running a distance of 665 feet in a southerly direction, running a dis- tance of 110 feet in an easterly direction, running a distance of 670 feet in a northerly direction, running a distance of 160 feet along the south side of Bonney Road, running a distance of 715 feet in a southerly direction, running a distance of 80 feet in an easterly direction, running a distance of 1245 feet in a southerly di.rection, running a distance of 910 feet in a northwesterly direction, running a distance of 598.06 feet in a northerly direction, running a distance of 245.75 feet in an easterly direction, running a distance of 769 feet in a northerly direction and running a distance of 45.74 feet in a northeasterly direction. Said parcel contains 18.6 acres. KEQPSVILLE BOROUGH. Pri.or to the changing of the official zoning maps, the following will be required: 1. A 15-foot dedication along the frontage on Bonney Road, 30 feet from the centerline of the old 30-foot right-of- way to provide for an ultimate 60-foot right-of-way as per the Master Street and Highway Plan. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. November 21, 1983 - 31- Item 11-H. 3 PLANNING ITEM # 20988 (continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.* Mayor Louis R. Jones, Robert C. Jones* W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal aye. November 21, 1983 -32- Item II-H.4 PLANNING ITEM # 20989 Attorney Grover Wright represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED Ordinances of M.P.B., INC. for Changes of Zoning from R-8 to B-2 AND from B-1 to B-2, with an access road to be by Council approval. ORDINANCE UPON APPLICATION OF M.P.B., INC. FOR A CHANGE OF ZONING FROM R-8 TO B-2 Z01183778 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of M.P.B., INC., for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the east side of Princess Anne Road beginning at a point 150 feet more or less south of Tiffany Lane, running a distance of 504.69 feet along the east side of Princess Anne Road, running a distance of 309.32 feet along the southern property line, running a distance of 377.27 feet along the eastern property line and running a distance of 585.52 feet along the northern property line. Said parcel contains 3.367 acres. KEMPSVILLE AND PRINCESS ANNE BOROUGHS. AND, ORDINANCE UPON APPLICATION OF M.P.B., INC. FOR A CHANGE OF ZONING FROM B-1 TO B-2 Z01183779 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Ordinance upon application of M.P.B., INC., for a Change of Zoning District Classification from B-1 Business-Residential District to B-2 Community-Business District on certain property located on the east side of Princess Anne Road beginning at a point 550 feet more or less north of Tiffany Lane, running a distance of 783.63 feet along the east side of Princess Anne Road, running a distance of 585.52 feet along the southern property line, running a distance of 650.55 feet along the eastern property line and running a distance c)f 910.97 feet along the northern property line. Said parcel contains 10.08 acres. KFMPSVILLE AND PRINCESS ANNE BOROUGHS. Prior to the changing of the official zoning maps, the following condition will be met (on both of the above Ordinances): 1. A 60-foot dedication along the frontage on Princess Anne Road (Ferrell Parkway) to provide for an ultimate 110-foot right-of-way as per the Master Street and Highway Plan, together with a scenic easement. These Ordinances shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beacb, Virginia, on the Tw-enty-First day of November, Nineteen Hundred, Eighty--Three, November 21, 1983 -33- Item II-H.4 PLANNING ITEM # 20989 (continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Meinbers Absent: Nancy A. Creech November 21, 1983 -34- Item TT-H.5 PLANNING ITEM # 20990 Attorney Barry Koch represented the applicant and presented a letter addressed to Council Members which is hereby made a part of the record. Upon motion by Councilman Baum, seconded by Councilman Kitchin, City Council ADOPTED an Ordinance upon application of TAYLOR-JORDAN ASSOCIATES for a modification to the Land Use Plan of Green Run per the following: ORDINANCE UPON APPLICATION OF TAYLOR-JORDAN ASSOCLATES FOR A MODIFICATION TO THE LAND USE PLAN OF GREEN RUN Z01183785 BE IT ORDAINED BY THE COUNCIL OF THE CITY oF VIRGINIA BEACH, VIRGTNIA: Ordinance upon application of Taylor-Jordan Associates for a modification to the Land Use Plan of Green Run to include a commercial site of 2.414 acres located at the northeast corner of Lynnhaven Parkway and Independence Boulevard. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Prior to the modification of the Land Use Plan, the following condition will be met: 1. Dedication of a variable width construction easement (5 to 7 feet) along the frontage on Lynnhaven Parkway as shown on the Lynnhaven Parkway Phase VI Construction Plans. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None November 21, 1983 -35- Item 11-H.6 PLANNING ITEM # 20991 Attorney John Rhodes represented the applicant. Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED Ordinances upon application of JATO, INC., t/. POLYNESIAN RETIREMENT TRUST, for Changes of Zoning from AG-1 to R-5 AND from AG-2 to R-5, subject to no filling below six-foot contours. ORDINANCE UPON APPLICATION OF JATO, INC., T/A POLYNESIAN RETIREMENT TRUST, FOR A CHANGE OF ZONING FROM AG-1 TO R-5 Z01183780 BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: Ordinance upon application of Jato, Inc., t/a Polynesian Retirement Trust, for a 'Change of Zoning District Classification from AG-1 Agricultural District to R-5 Residential District on certain pro- perty located 600 feet east of Holland Road beginning at a point 2692 feet more or less north of Princess Anne Road, running a distance of 1100 feet more or less in a northwesterly direction, running a distance of 1000 feet in a northeasterly direction, running a distance of 658.68 feet in a southeasterly direction, running a distance of 280 feet in a southwesterly direction, running a distance of 343 feet in a south- easterly direction and running a distance of 1683 feet in a southwesterly direction. Said parcel con- tains 22.799 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF JATO, INC., T/A POLYNESIAN RETIREMENT TRUST, FOR A CHANGE OF ZONT.NG FROM AG-2 TO R-5 Z01183781 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Jato, Inc., t/a Polynesian Retirement Trust, for a Change of Zoning District Classification from AG-2 Agricultural District to R-5 Residential District on certain property located on the east side of Holland Road beginning at a point 2692 feet more or less north of Princess Anne Road, running a distance of 1029.70 feet along the east side of Holland Road, running a distance of 700 feet more or less in a northerly direction, running a distance of 1100 feet more or less in a southeasterly direction and running a distance of 800 feet more or less in a southwesterly direction. Said parcel contai.ns 14.419 acres. PRINCESS ANNE BOROTJGH. Prior to the changing of the official zoning maps, the following condition will be met for both of the above Ordinances: 1. A 30-foot declication along the frontage on Holland Road, 45 feet from the centerline of the old 30-foot right-of- way to provide for an ultimate 90-foot right-of-way as per the Master Street and Highway Plan. These Ordinances shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. November 21, 1983 -36- Item 1I-H.6 PLANNING ITEM # 20991 (continued) Voting: 10-1 Council Members Voting Aye: John A. Bam , Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: W. H. Kitchin, III Council Members Absent: None November 21, 1983 -37- Item II-J.1 UNFINISHED BUSINESS ITEM # 20992 George C. Freeman spoke in opposition to the proposed Amendment. John Herzke, City Traffic Engineer, made a graphic presentation to Council. City Manager Muehlenbeck presented to Council a report prepared by the Staff on the proposed Baxter Road relocation. Said report is hereby made a part of the record. Upon motion by Councilman McCoy, seconded by Councilman Heischober, City Council voted NOT TO AMEND the Master Street and Highway Plan dated December 16, 1974, pertaining to relocating Baxter Road. This matter was deferred on November 7, 1983 and on November 14, 1983. Voting: 9-0 Council Members Voting Aye: Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum and Nancy A. Creech November 21, 1983 -37a- AN ORDINANCE TO AMEND THE MASTER STREET AilD HIGHWAY PLAN DATED DECEMBER 16, 1974 BE IT ORDAI,'4ED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and flighway Plan dated December 16, 1974, is hereby amended as follows: 1. Increase Independence Boulevard to a 160-foot right-of-way from Jeanne Street to Holland Road. Remove the scenic ease- ment from Baxter Road to Holland Road. 2. Relocate Baxter Road between VEPCO right-of-way and Independence Boulevard to intersect Independence at Kenner Lane. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1983. APPRO@D AS TO CC,@;TF-,NT November 21, 1983 -38- Item II-J.2 UNFINISHED BUSINESS ITEM # 20993 Robert J. Scott, Director of Planning, presented Council with correspondence relating to Old Donation Parkway (copy of said correspondence dated November 21, 1983, is hereby made a part of the record). Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council REAFFIRMED the position taken by Council March 5, 1979, deleting Old Donation Parkway from the Master Street and Highway Plan. On October 10, 1983, this matter was tabled for November 7, 1983, and on November 7, 1983, it was deferred to November 21, 1983. Councilman McCoy requested the Staff review and report concerning the extension of Indian Lakes and South (Southern) Boulevards. Voting: 9-1 Council Members Voting Aye: Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay: J. Henry McCoy, Jr., D.D.S. Council Members Absent: John A. Baum November 21, 1983 -39- Item II-J.3 UNFINISHED BUSINESS ITEM # 20994 Upon motion by Councilman Robert Jones, seconded by Vice Mayor Henley, City Council APPROVED instituting cablecasting of City Council Meetings beginning the FIRST meeting in January 1984 (January 9, 1984), and requested the Staff be prepared to provide Council with an evaluation after a period of three months. Voting: 7-3 Council Members Voting Aye: Harold Heischober, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: Nancy A. Creech, H. Jack Jennings, Jr., W. H. Kitchin, III Council Members Absent: John A. Baum November 21, 1983 -40- Item II-J.4 UNFINISHED BUSINESS ITEM # 20995 Councilman Robert Jones suggested delaying a course of action (proposed moratorium) on site plans/zoning applications (in relation to the water supply problem) until after January 10, 1984 (deadline for the Corps of Engineers Construction Permit for the pipeline to Lake Gaston). November 21, 1983 -41- Item II-J.5 UNFINISHED BUSINESS ITEM # 20996 ABSTRACT OF VOTES ............ GENERAL ELECTION .......... November 8, 1983 Abstracts of Votes from the General Election of November 8, 1983, are hereby made a part of the proceedings. November 21, 1983 ABSTRACT OF VOTES cast in ille Col4nt),ICity of Virginia B(-,acii at the GeneralEtectiori lield thefirst Ttiesday cifter tliejirvt A4ori(ju,il iii Noi,citll)ef-, 19 83 -, f,)r MEMBER OF TtlE SENA-FE Ol,'VIR(;INIA Seventh I)ISUltic@'l' Clarence A. "Clancy" Holland 9,1132 Harold Heischober 5,699 Meyera E. Oberndorf 6,381 Henry C.- Whelchel, Ill I Benidict Arnold I Canada I Billy O'Brin I Kenneth A. Morrow I Lilli P. Katz I We, the undersigiied Elec-foral Board, ul-)oti c@kuliliti(itioll oj iiit, oj)ic-icil ret ord5 (lc[,,ositeci tlze ClerA, o.f flie Circuit Courl of ihe election lield on Novetriber 8 19 83 , do liei-el)j, (,et tib, ili(it ttie abo@-e is (i trile all(I correct Abstraci of Voics cavt at said (,Iec-tioti jor ol I/le St,licitt, ()J* l@it-giliiti. Given under our hands tiiis ninth 19 83 Cliairt?ian llice Ciiairitiati Secreturp tary, Electoral Board SEAI ABSTRACTOF VOTL-S t-ast in theCoutil@,lCitv ()f Virginia B('.,ich at the General Election lield the first -Fuesdaj, aj-let, flie jit-sf A,Iotiduy- iii No v(,rtib(,f-, 19_L3_,.f,,, MEMBER OF TIIE SENA'FL OF VIRGINIA Eightli I)IS'I'Itlc,t, F.t.1 V.t@ N.,,.@@ f C@,,d,d.t,@ Robert G. "Bob" Jones 6,579 A. Joseph "Joe" Canada, Jr. 12,320 Giles Dodd I Myra Oberndorf aka Myra Obendorf 2 Harold Heishober 1. Clancy Holland I Larry Flynt I Ivan @iapp I P. L. McGuinitz-Pace I Ken Meadows I We. the undersigned Electurul Boar(], uputt exutttitiution o.f tht, ofji(,iul rct,ords dcposited with the Clerk, of the Circuit Court of the election hei(i ori Noveniber 8 '1983 , do hei-eby cerlijy that ilie above is a true aticl correct Absiract of Votes cast at said elec,tioti jor aj ilic Setrule o,f l@irginia. Giveri underour hancis ihis ninth 19 83 Cliairittaii ........ Vice Chairetiati Secretary 7' 7 E'lectoral Boor(i ABSTRACT OF VOTES cast iti the Cot,ntylCity oj - Vir i@ld Beacli Virgiriiu, at the GeneralElection held thefit-st Tuesday oficr thefirst Moti(lay iii Noietnbt?r, 19@, for MEMER OF THE HOUSE OF DELEGATES Eighty-first DISTRI(:Y [@(.1 V.[. Owen B. Pickett 4,igi Mel Spence 5 Myra Oberndorf Wi I I i am Bottorn Si Simmons Joan Gibson 2 John Glenn I Perry 2 Louis M. Pace I Denis A. Crisp (con't on back) We, the undersigned Electoral Board, upoti exai?iinatioti o the offic-iui recot-tis, ciel)ositccl with flie Cltrk of ille Circuit ,f Court of the eleclion held on Novettiber 8 l@.83-, (lo htreby ccrii@ tliat ilie above iv a true aitd correct Abstract of @lotev cavi at sai(i ele(-tioti ff)r ol (lie lioti.@e o.1 [)eltgatcs. Given under our handv lliis cl(iv of'Noveltil)(,r, Cliairtnati Vice Chairriian copy le.5te: Secretary @ary, El(,,cloral Boar(] WRITE-INS (con't) Canada Lawrence McGovern Richard M. Nixon H. Wayne Smith Ronald A. Cason A Republican ABSTPACT OF VOTES cavi in the CounfylCity (@f Virgiiiia. at the General Election held flie first Tiiesday after the riryt Moncjciy ill No vtl?ll)et-, 19m-, ff)r MEMBER OF THE HOUSE OF DEI,EG)Vl'r@ Eighty-second T.lal V,,(@ Joan W. Gibson 3 , 559 W. R. "Buster" O'Brien 8,646 Charles A. Weigand I William McC]une C. Holland Gilbert Atlee G. M. Atlee Canada Bob Jones 2 We, the undersigned Electoral Board, zipoti exat?7ination of tlie of .ficiul rtcorci@ del)ositeci witil tile ClcrA, of the Circiiii Court of the ekction held on Noveniber 8 ------- /@83-, do h(,t-(@I)v certif e ahove i@ a y ihat til true atid correct Abstract of V(jte.5 cayt at said electioti.for lvlci7iber o flie liouw of Delegiiies, Given under our hands thi5 n i n t h (I(i), o) Nov(,tiiber, 19,-83-. Cliairinatt Vice Cliairt?tati .4 copy leste.- S(.,cretary @tary, Electoral Board .1 . ABSTRACTOFVOTEScwtintheCountylCityof- Virginia Beach Virgiiiia, at the General Election held tlie first Tuaday after the first Mon(lay in Noveinber, 19@8 for NI]EMBER OF THE HOUSE OF DELEGATES Eiahty-third I)ISTRIc-r J. W. "Billy" O'Brien, Jr. 4 2 45 G. A. "Jerry" Anderson Bob Tata Henry C. Wheichel. Ill Tata We, the undersigned Elecloral Board lipon exat?iinatioti oj flic offi(@ial rec-c)rd.5 (Jel@(i,5ited with the Clerk of ille Circi4it Court of the election held on Noveniber -- 8 19 83 , do liercb.), c-erlify tliaf the above i5 a true and correct AI)stract of Votes ctist at said ele(-Iion jbr Meiiiher of tlie IlotLve (?f Deicgatcs. Given under our hands th@ ninth 8 d@v (@f Noi-( @3 (@liairinati Vict, Cliairttiati A copy tevie: Secretary @@,r,,ary, Electoral Board ABSTRACT OF VOTES cavi iii the CoutitylCity of r In'@ each Virgillial at the General Electiort held the fimt Tuesday after tlie fil-st Mondcly in No vettiber, 19@, for MEMBER OF THE HOUSE OF DELEGATFS E g I)IS@rRIC-l' Glenn B. McCianan 4,268 Mr. Perry 1 Marty List Ms. E. R. Amendment Melvin Spence G. A. Anderson Joseph M. Butler me lvar Freeburg, Ill Twedle-De-Dee (con't on back) We, the undersigned Electoral Board, iil)oii exat?tiiiation of flie ofjic@iul i-ec-orcl.@ vi,iiii tlle C.@terk, oj@ lhe Circilit Court of the el(,ction held on Noveinber 8 19@, do herebv certify tiiat flie above L5 a true and correct A bstraci of Volev c-avt at vaid etcction j@)r A4vtriber o.1 [lic I loityt, oi [AIeg(iiev. Given under our hands titis n i n t-h 'ttlh('r' 83 clay of.N i,( Cilairrnall Ilice Chairtnan A cop@telte. Secretary Electoral Board WRITE-INS (con't) Twedle-De-Dum lvar Freeburg Dwight Paul Jones A. J. Castaneda Billy O'Brain Frank Buck 2 Ivar E. Freeburg, Jr. 2 Ben Leotta Hershel Walker ABSTRACT OF VOTES cayl in the Cou,itylCity of ir inia BC!acli Virginia, at the General Election held the first Tuesday after ihe,ritst Mondaj, ill Novetilber, 19@, for MEMBER OF THE HOUSE OF DELEGATES DISTRICT F.1"i vot. R@,,iv@d ti. Fig.-) Julie L. Sinith 4 2 33 Robert "Bob" Tata 5,283 Benidict Arnold Billy O'Brien Donald Brittinghani We, the undersigned Electoral Board, upon examitiatiott of ihe offic,ial recor(is depoviied willi the Clerk of tlle Circ-uit Court of the election held on Novenil)er 8 do litreby c-crtify that the above is a true and correct Abstract of Votes cast at said elecliort -oi, Mcttilxr of ihe liotiye of Deleg(ite.@. Given under our hands this ninth t,einber, 19-Ii- Chairt@ian Vice Chairinan A copy lesie: Sccrelar Ei(,ctoral Board -42- Item II-K.1 NEW BUSINESS ADD-ON ITEM # 20997 Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City Council ADOPTED a Resolution regarding the question of restricting public bodies from using their own personnel and equipment in non-highway construction projects (House Joint Resolution 36), and urging the 1984 Virginia General Assembly not impose any further restrictions on public projects conducted by public employees. Voting: 8-0 Council Members Voting Aye: Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, Meyera E. Oberndorf Council Members Voting Nay, None Council Members Absent: John A. Baum, Nancy A. Creech, J. Henry McCoy, Jr., D.D.S. November 21, 1983 -42a- R E S 0 L U T I 0 N ';IIH17REAS, during the 1982 General Assembly, House Joint Resolution 36 was passed which established a joint subcommittee to study the question of restrictinq public bodies from using their own personnel and eo,uipment in non-highway construction projects, and this study was continued by the 1983 session throuqh the passage of House Joint Resolution 7; and WHEREAS, on November 28, 1983, this subcommittee will meet in the form of a work session to prepare a proposal to the 1984 General Assembly, and stronq support by various private contracting associations has resulted in the serious consideration of a project cap by the subcommittee; and WHEREAS,it is believed that this subcommittee intends to desiqn a project cap, based upon a set dollar limit, for public projects conducted by public employees during the November 28 work session; and i,]HEREAS, the effect of this cap would be to limit the use of public employees to only those projects in which the project cost falls below the level of the cap, and all projects in which the project cost exceeds the cap would be required by the state to be contracted with private contractors; and WHEREAS, it is likely that the following projects would be covered by a state imposed cap: (1) building, altering, repairinq, improving or d'@.Molish- ing any structure, building or appurtenance; (2) draining, dredging, excavating, grading or similar work upon real property; and (3) land fill projects and utility line excavation and insta'llation; and WHEREAS, it is strongly believed that there is no valid justification for state intervention into this realm of local government concern; and WHEREAS, should a dollar cap be recommended by this subcommittee to the 1984 General Assembly and subsequently passed by that body, the current flexi- bility needed by local public administrators in determining the most efficient and effective method of conducting public projects will be arbitrarily determined by the state; and November 21, 1983 -42b- WHEREAS, the local control of local projects by locally elected officials will no longer exist on those major projects in which projects costs exceed the state-imposed cap. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: (1) It strongly opposes state intervention into this area of local government concern. (2) It strongly urges the joint legislative subcommittee not to recommend on November 28, 1983, and the 1984 General Assembly not to impose, a project cap, based upon a set dollar limit, for public projects conducted by public employees. (3) It stronqly urges the joint legislative subcommittee not to recommend on November 28, 1983, and the 1984 General Assembly not to impose any further restrictions on public projects conducted by public employees. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-First day of November, Nineteen Hundred, Eighty-Three. November 21, 1983 -43- SAW PEN POINT PARK/ BAILEY PARKER ITEM # 20998 Request to appear before City Council on November 28, 1983, reference establishment of a Park versus purchase of property (original lots). Discussion. No action was taken by Council. November 21, 1983 -44- ORDINANCE/ CITY OF NORFOLK ITEM # 20999 The City Clerk called attention to an Ordinance adopted by the City of Norfolk, effective November 8, 1983, approving the terms and conditions of an agreement between the cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, Suffolk and Hampton for the Tidewater Electronic Network for Police Information (TENPIN) Project. Same will be made a part of the record. November 21, 1983 -45- Item II-L.1 ADJOURI\IMENT ITEM # 21000 By consensus, City Council adjourned the meeting at six thirty-six in the evening. Ja4n M. Keith eputy City Clerk th Hdg@. S ith, C C Mayor City Clerk City of Virginia Beach Virginia /jk November 21, 1983