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Home My WebLink AboutOCTOBER 17, 1983 MINUTES <Df N7i@@irai@ E3@@@@ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL AIAYOR LOIIIS R. ]ONES. f3.y,id@ 13,,,,,,gh VICE-MAYOR IIAR13ARA Al. L[EINLEY, P.@g,, 13.,,,,,gh 10fiN A. BAIJM. 13@,,,.gh NANCY i. CREFCII, l, f@.,g@ IIAROI,I) IIEISCIIOBER, A, L.,g, Ii. JACKCIEYNINGS, JR.. B@,.gh R013ERT C. JONES, A, L,,,g, W. 11. KIICI(IN, Ill, Vigi@i,, 13 ... b REBA S. il,CLANAN, A@@@ B.,.@gh J. l[Et,R@' Al,(fOY, JR., 'l, C17'Y IIALL. BIJILDING MEYERA F. OBERNDORF, A, L.,g, Mil,41CIPAL CENTC-R VIRGINI,A BEACII, VIRGIN[A 23456 RLITII IIOD(;ES SMITII, CAIC. Cit', Cl,,k (,RO4) 427-4303 CITY COUNCIL AGENDA October 17, 1983 ITEM I INFORMAL SESSION: 12:30 p.m. A. CALL TO ORDER Mayor Louis R. Jones B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFO@IAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT @IATTERS 1. Matters for discussion by @or. 2. Matters for discussion C ncil. E. CITY !,IANAGER'S ADIIINISTRATIVE ITE@IS 1. BriefinR bv Dr. GeorRe Pass on Status of Construction at Virginia Beach Campus of Tidewater Community College and Funding Update. 2. Baxter Road Relocation: Discussion. 3. Review of Consent Agenda. ITEM II FOIOIAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Leonard M. Campbell, Pastor Calvary Assembly of God B. PLEDGE OF ALLEGIANCE TO TIIE FLAG OF THE UNITED STATES OF A@IERICA, C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of October 10, 1983. E. PROCLAMATTON: 1. U. S. Navy - ALL AMERICAN WEEK: October 23 - 29, 1983 F. RESOLUTIONS 1. Resolution Approving the Issiiance of Industrial Development Revenue Bonds for Murphy Associates ($1,862,000). 2. Resolution Approving tlie Issuance of Industrial Development Reventle Bonds for Oak Springs Associates ($6,000,000). 3. Resolution Approving the Isstiance of Industrial Development Revenue Bonds for Fairfield Shopping Center ($375,000). 4. Resolution Approving the Issuance of Industrial Devel.opment Revenue Bonds for Dominion Building Company ($600,000). 5. Resolution Approving the Issuance of Industrial Development Revenue Bonds for ARA Services, Inc. ($I,]-OO,000). 6. Resolution Approving tlie Issuance of Industrial Development Revenue Bonds for A. Kemp Rowe (Pbase VI) ($4,000,000). 7. Resolution Approving the Issuance of Industrial Development Revenue Bonds for Tower Enterprises ($700,000). G. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. Tbere will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance to Amend and Reordain Section 2-215.2 of the Code of the City of Virginia Beach, Virginia, pertaining to competitive bidding on State-Aid projects. 2. Ordinance to Amend and Reordain Section 17-20 of the Code of the City of Virginia Beach, Virginia pertaining to Collection, Remittance and Disbursement of Assessments imposed by Section 17-19. 3. Proposals have been received for the lease/purchase of various equipment for Lhe Departments of General Servi.ces and Public Works. Southern National Leasing Corporation offers the most favorable firiancing proposal with teii semi-annual payments in arrears at an interest rate of 8.75%. Authorization is requested by the City Manager to enter into the necessary agreements for the lease/purchase of this equipment. ITEM II G. CONSENT AGENDA (Cont'd) 4. Ordinance authorizing the City Manager to execute a Deed of Vacation and Quitclaim vacating 5' Easements for Utility and Drainage facilities across property of Colonial Piedmont I. 5. Request of City Treasurer for tax refunds in the amount of $1,834.38. H. PLANNING - RECONSIDERATION 1. Application of Breeden Development qorpor tion for a change of o@nin& from B-2 Community-Business District to A-2 A2artment District on a 13.928-acre parcel located west of Holland Road, south of Rosemont Road (Princess Anne Borough). This application was denied on September 26, 1983, and voted on for RECONSIDEIZATION on October 3, 1983. Council voted to reconsider this application on October 17, 1983. a. The City Manager's letter transmits the recommendation of the Planning Commission and other background information. 2. Application of Thalia Wayside Corporation for a change- of @on@n from R-6 Residential District to A-2 Apartment District on a 39.376-acre parcel located north of Virginia Beach Boulevard and east of Thalia Road (Kempsville Borough). This application was approved May 19, 1980. The developer has difficulty complying with the condition for a twenty-five foot buffer deeded to adjacent property owners and the six-foot privacy fence to be provided along the boundary adjacent to the residential- district. This application was voted for RECONSIDERATION on October 3, 1983. I. PI,ANNING 1. Application of Josepli C. and-Helen M. Lynch for a conditional 2Ls rmit for a home occupation (babysitting) on a 10,517-square foot parcel located at 249 Cortland Lane (Lynnhaven Borough). This matter was deferred for two weeks on September 26, 1983, and for an additional- week on October 10, 1983. a. Letter from the City Manager transmits the recommcndation of the Planning Commission for approval. 2. Application of The Association for Research and Enl@tenmen@, Inc. for a conditional tise permit to expand a non-profit i.-nstitution (health services and office) on a 4.2-acre parcel located at the southwest corner of 68th Street and Atlantic Avenue (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendati.on of the Planning Cormnission for @ oval. 3. Application of Oceanside Investment Associates for a @n @ot from B-5 Resort-Commercial District to H-2 Hotel District on a 31750-square foot parcel located along the east side of Atlantic Aveniie, at the eastern terminus of 21st Street (Virginia Beach Borougli). Counci.1 voted to EXPEDITE this matter on September 26, 1983. a. Letter from tbe City Manager transmits the recommendation of the Planning Commission for approval. ITEM II I. PLANNING, (Cont'd) 4. Ordinance to amend and reordain Article 2, Section 221 of Lhe g Zoning r@di nce pertainiiig to procedurz,,l requirements and general standards for conditional use permits. This request was deferred for one week on September 26, 1983 and for an additional two weeks on October 3, 1983. a. Letter from the CiLy Manager transmits the recommendation of the Planning Conunission for ai)proval. 5. Application of Solartowne, Ltd. for a change of zonin8- from R-6 Residential District to A-1 A2artment District on a 5.605- acre parcel located along the south side of Newtown Road, west of Broad Meadows Boulevard (Bayside Borough). a. Letter from the City Manager transmi.ts the recomme:-ndation of the Planning Commission for approval. 6. Applications of R. C. Moore for changes of zoning in the Bayside Borough: a. From R-1 Residential- District to PD-H 2 Planned Upit Devefop e@nt District on two parc l@s: south of Sbell Road and east of the intersection of Shell Road and Northampton Boulevard. Said parcels contain 49 acres. b. From R-5 Residential District to R-8 Residential District on a parcel the east side of Baker Road, south of Anthony Lane and north along the east side of Baker Road, containing 126.1 acres. C. From R-8 Residential District to PD-H 2 Planned Unit Development District on a parcel the east side of Baker Road, south of Antliony Lane and north along the east side of Baker Road, containing 126.1 acres. d. From R-5 Resi.dential District to k-2 (Lom iness District on a parcel south of Shell Road, east of Hoosman Road, containing 1.1- acres. e. From R-1 Residential District to B-2 Connnunitv Business District on a parcel south of Shell Road, east of Northampton Boulevard/Shel.1 Road intersection, containi.ng 2.9 acres. Letters from the City Manager transmit the recommendations of tlie Planning Commission for @@p oval of these applications. J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Cable Televising of City Council Meetings. 2. Overhead Balcony Encroacbment: Kaml.a, Inc. L. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 17, 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, October 17, 1983, at Twelve Thirty-Eight in the afternoon. Council Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, R. Jack Jennings, Jr., Mayor Louis R. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members AbseTit: Nancy A. Creech, Robert G. Jones and W. H. Kitchin, III Note: Councilwoman Creech and Councilman Jones entered the meeting at 12:41 p.m. Councilman Kitchin entered the meeting at 12:44 p.m. October 17, 1983 -2- TTEM # 20773 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, assigrunent, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration @f the condition, acquisition or use of real property for public purpose, or of the disposition of publicly beld property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Vice Mayor Barbara M. Henley, seconded by Councilwoman Meyera E. Oberndorf, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 8-0 Council Members Voting Aye: John A. BaLun, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, 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, Robert G. Jones, and W. H. Kitchin, III October 17, 1983 -3- M A T T E R S B Y C 0 U N C I L MAYOR'S AIR CUSRION VEHICLE ADVISORY COMMITTEE ITEM # 20774 Councilman Jennings presented to Council a "Final Report to the Virginia Beach City Council from the Air Cushion Vehicle Advisory Committee concerning the LACV-30 and the LCAC" dated October 17, 1983 (said report is hereby made a part of the proceedings). Councilman Jennings requested the Mayor prepare an appropriate Resolution for the Formal Agenda October 24, 1983, for Council's consideration. Councilman Heischober, Vice Chairman of said Committee, stated this would be an "on-going" committee, inasmuch as both Admiral Parker and General Lilly specifically suggested this committee be retained. The Committee would elect their own chairmen, with Councilmen Jennings and Heischober resigning as Chairman and Vice Chairman, respectively. RESOLUTION IN RECOGNITION -- MARTINA NAVRATILOVA ITEM # 20775 Councilwoman McClanan proposed a Resolution in Recognition be prepared for Martina Navratilova for her outstanding achievements in the world of tennis. CABLE TELEVISION ITEM # 20776 Councilman Robert Jones stated his desire to postpone indefinitely the matter of utilizing cable television for Council Meetings. He has been advised by Roger Pierce of Cox Cable that another permit is required from Federal Communications Commission (for microfilm relay). SIGNS/CITY RIGHTS-OF-WAY ITEM # 20777 Councilwoman Oberndorf questioned the City Manager regarding small signs being placed in the City's rights-of-way, to which he replied there would be no exceptions to the current policy. VIRGINIA MUSEUM OF MARINE SCIENCE ITF24 # 20778 Councilwoman Creech expressed gratitude to Council Members who attended the recent groundbreaking ceremony for the Virginia Museum of Marine Science. Mayor Jones noted the success of fund raising and complimented Mrs. Creech for her efforts in accomplishing so much thus far. 0 tober 1 1983 -3a- FINAL REPORT TO THE VIRGINIA BEACH CITY COUNCIL FROM THE AIR CUSHION VEHICLE ADVISORY COMMITTEE CONCERNING THE LACV-30 AND THE LCAC October 17, 1983 The Virgini,a Beach Air Cushion Advisory Committee appreciates the opportunity to have served the City of Virginia Beach in this most delicate and important matter. The Committee members involved in this endeavor agree that the deployment of this particular military mission in Virginia Beach will be an irritant to thousands of our citizens living in neighborhoods adjacent to the training areas. The Committee concludes that the Army and Navy will base and train air cushion vehicles in Virginia Beach despite the best efforts of the Committee and, in the case of the Army, the City Council. However, we feel that our original pur- pose to either eliminate this irritant or mitigate the operating procedures resulting in the least difficulty for our residents has been accomplished. Furthermore, we appreciate the City Council's Resolution of September 12, 1983, but were disappointed that we were unable to achieve a unanimous decision. We do feel that our Resolution with regard to the LACV-30 did bring about the high-level meeting in Washington between our legislators and the military com- manders. We further believe that this meeting resulted in the advancement by the military of various mitigating measures to reduce the adverse impact of their proposed operations. However, we believe that the City Council should ask the Army and Navy to consider additional mitigating measures as shown on the attached which will further reduce the impact of these vehicles on our com- munity. Therefore, we recommend that City Council take the following formal actions: 1. Accept those mitigating measures offered to date by the Army and Navy but ask them to amend their proposals to include the additional miti- gating measures described herein. 2. Establish the appropriate Military/Civilian Interaction Committee to maintain an ongoing dialogue with the Army and Navy so that any problems which may arise concerning the operations of the air cushion vehicles in Virginia Beach will be amicably and quickly resolved. Special considera- tion should be given to existing Committee members to serve in this role. We, as Council Members, want to make the Virginia Beach City Council aware of the more than 500 volunteer hours which were donated by the members of our Committee toward the accomplishment of its goals. We respectfully request that appropriate copies of the Military Standard Operating Procedures governing the operation of these vehicles be made a part of the Council's permanent records. d, d Hei Councilman Vice Chairman -3b- "Other Mitigating Measures Which Should be Considered" ARMY 1. There should be no overnight (between 10:00 p.m. and 7:00 a.m.) or weekend operations of the LACV-30 between Memorial Day and Labor Day. If future training plans have progressed to the point where this cannot be accomplished by May, 1984,, then the Army should make every effort, by starting now, to accomplish this by 1985. 2. If there is any weekend training or training before 7:00 a.m. or after 10:00 p.m., the Army should notify one week in advance the local Virginia Beach news- paper, the television and radio media and the City Manager's office at City Hall. The Army should take out a paid advertisement, if necessary, which includes their "hot line" telephone number to insure that the public is noti- fied. 3. The LACV-30 should stay at least 3 miles off 5hore when travelling beyond the limits of Fort Story in Virginia Beach waters. 4. The Army should establish an ongoing LACV-30 program review committee with representatives from the civilian and military communities which will have ongoing meetings and dialogue about the operation of the LACV-30. 5. The Army should build noise attenuation berms around the LACV-30 operating area. 6. The Army should mark the offshore LACV-30 training area with appropriate buoys. 7. The Army should fund and establish a noise monitoring program outside the limits of Fort Story along the Chesapeake Beach and North Virginia Beach. 8. The Army should actively support research and development to reduce noise on the LACV-30, which includes retrofitting the existing vehicles. NAVY 1. There should be no overnight (between 10:00 p.m. and 7:00 a.m.) or weekend operations of the LCAC between Memorial Day and Labor Day. 2. If there is any weekend training or training before 7:00 a.m. or after 10:00 p.m., the Navy should notify, in advance, the local Virginia Beach newspaper, the television and radio media and the City Manager's office at City Hall. The Navy should take out a paid advertisement, if necessary, which includes their LCAC information telephone number to insure that the public is notified. 3. The Navy should mark the offshore LCAC training areas with appropriate buoys. 4. The Navy should fund and establish a noise monitoring program outside NAB Little Creek along Chesapeake Beach and outside NAB Annex, @lamp Pendleton along Croatan Beach. 5. The Navy should actively support research and development to reduce noise on the LCAC. I October 17, 1983 -4- M A T T E R S B Y C I T Y M A N A G E R TIDEWATER COMMUNITY COLLEGE ITEM # 20779 Dr. George Pass briefed Council on the status of construction at Virginia Beach Campus of Tidewater Community College, as well as a funding update. He stated that out of a total of 16,000 enrolled in Tidewater Community College, 9,300 are enrolled at Virginia Beach Campus. Construction is about to begin on Phase II-B which will include site preparation and building, totaling $3,369,645. Of this amount, TCC is requesting $221,668 from the City of Virginia Beach for parking facilities. BAXTER ROAD RELOCATION ITEM # 20780 Council was previously advised that the developer of Baxter Road had made a second recommendation and Council had asked for alternatives to the recommendation. In accordance with that request, alternatives were pre- sented by Traffic Engineer John Herzke and Oral Lambert, Director of Public Works. Discussion followed. It was the consensus of Council Members that the matter be referred to the Planning Commission for further recom- mendations. A Public Hearing is scheduled for October 24, 1983. R. G. MOORE CHANGE OF ZONING ITEM # 20781 Vice Mayor Henley expressed concern about maintenance costs of the open space (Sajo Farm) proposed to be dedicated to the City (see Item II-I.6 of the Formal Agenda). City Manager Muehlenbeck stated the letter from Attorney Leslie Cox to the City Attorney regarding Sajo Farm was void. Discussion followed. IRB/FAIRFIEID SHOPPING CENTER ITEM # 20782 Mayor Jones questioned whether Fairfield Shopping Center was refinancing an existing Industrial Revenue Bond, to which Councilman Heischober commented this was not possible. City Attorney Bimson stated the schedule is being revised whereby the payment will be lowered. 1 IRB/TOWER ENTERPRISES ITEM # 20783 Councilman Jennings expressed concern that the word "overrides" on the Summary Sheet ("Amount of Bond Issue") for Tower Enterprises should have been ,.overruns". City Attorney Bimson confirmed the correct word should have been "overruns". (See Item II-F.7 Resolutions - under Formal Agenda.) SOUTHERN NATIONAL LEASING ITEM 20784 Councilman Kitchin questioned the City Manager as to whether the lease/ purchase of various equipment for the Departments of General Services and Public Works was to be new or replacements. The City Manager explained it was a combination of both. (See Item II-G.3 of the Consent Agenda.) October 17, 1983 -5- RECESS TNTO EXECUTIVE SESSION ITEM # 20785 City Council recessed into EXECUTIVE SESSION at One Forty-Three in the afternoon. October 17, 1983 -6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 17, 1983 2:35 p.m. Councii Members Present: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, 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 Absent: Nancy A. Creech and H. Jack Jennings, Jr.* INVOCATION: Reverend Leonard M. Campbell, Pastor Calvary Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA *Councilman Jennings entered the meeting at 2:40 p.m. October 17, 1983 7- Item II-D.1 MINUTES ITEM # 20786 Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City Council APPROVED the Minutes of October 10, 1983, with a correction to Item # 20771 on page 46, inserting in lieu of "Beach Borough" the words "City of Virginia Beach" as follows: "Councilwoman Oberndorf noted the neighborhood deterioration in the Beach-Borough City of Virginia Beach and requested that the City Manager and the City Attorney review the current Minimum Housing Code and what steps could be taken to enforce the Code to elimi- nate this problem. "The City Manager was requested to prepare a Briefing within the next 30 days." Voting: 9-0 Council Members Voting Aye: John A. Baum,* Harold Heischober, Vice Mayor Barbara M. Henley, 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: Nancy A. Creech and H. Jack Jennings, Jr. *Verbal aye. October 17, 1983 Item II-E.1 PROCLAMATION ITEM # 20787 Mayor Jones proclaimed the week of October 23 through October 29, 1983: ALL-AMERICAN WEEK The Proclamation recognized the contributions made by the United States Navy to the City of Virginia Beach. Accepting the Proclamation were Captain John A. Carbone, Commanding Officer, Naval Amphibious Base - Little Creek, and PNCM James R. Black, Commanding Master Chief, NAB-Little Creek. October 17, 1983 -8a- WHEREAS, the United Statu Navy comp4izu 71 o6 the totat popEL- tation o6 ViAginia Beach; and WHEREAS, the United Statu Navy ha,6 cont4ibuted indi4eetty to the tax baze oi ViAginia Beach thaough it,6 enti-6ted and eivitian peAzonnet and ha,6 cont4ibuted g4eatty to the en4ichmnt oA ouA conmnity, becoming a vatued entity oA Vi4ginia Beach; and MiEREAS, the United StateA Navy wi,6he4 to acknowtedge the va4ied nationatitie,6 coqxi.6ing the emptoyment compo,6ition oA the U. S. Navy and the totat poputace o6 Vi4ginia Beach, with .6peciat empha,6i,6 on the handicapped. NOW, THEREFORE, 1, Loui4 R. Jone,6, Mayo4 oA the City oA Vi4ginia Beach, do heaeby p4octaim the tmek oA OctobeA 23-29, 1983 a,6 ALL-AMERICAN WEEK in Vi4ginia Beach and uage att citizen,6 to take p4ope4 note o4 thi,6 ob4e4vance and itA zigni6icance to the U. S. Navy. Loui,6 R. Ollne-6 Mayo4 October 17, 1983 -9- Item II-F RESOLUTIONS ITEM # 20788 Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City Council ADOPTED Resolutions issuing Industrial Development Revenue Bonds for: MURPHY ASSOCIATES ($1,862,000) OAK SPRINGS ASSOCIATES ($6,000,000) FAIRFIEID SHOPPING CENTER ($ 375,000) DOMINION BUILDING COMPANY ($ 600,000) ARA SERVICES, INC. ($1,100,000) A. KEMP ROWE (PHASE VI) ($4,000,000) TOWER ENTERPRISES ($ 700,000) Voting: 9-1 Council Members Voting Aye: John A. Bawn, Harold Heischober, Vice Mayor Barbara M. Henley, 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: H. Jack Jennj-ngs, Jr. Council Members Absent: Nancy A. Creech See Item # 20783 wherein the word "overruns" should be used in lieu of ,.overrides" on the Summary Sheet under "Amount of Bond Issue". October 17, 1983 -9a- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVj3NUE BOND Project Name: Murphy Associates Location: 1005 Pacific Avenue Description of Project: Hotel/Motel Facility (50 Units) Amount of Bond Issue: $1,862,000 Principals: Thomas M. Murphy, Sr. Lela F. Murphy Thomas M. Murphy, Jr. Richard L. Murphy Phillip P. Murphy Octcber 17, 1983 9b- October 11 1983, FISCAL IMPACT STATEMENT (Murphy Associates Facility) 50-Unit Hotel/Motel 1. MaXiMUM amount of financing sought $ i,862,000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 1,704,000.00 3. Estimated real property tax per year using present tax rates $ 13,500.00 4. Estimated personal property tax per year using present tax rates $ 3,960.00 5. Estimated merchantse capital tax (e.g. business licenses, etc.) per year using present tax rates $ 20,100.00 Estimated dollar value per year of goods and services (including professional services) that will be purchased locally $ 15,750.00 7. Estimated number Of regular employees on year round basis 6* 8. Average annual salary per employee 2,600.00 *NOTE: 6 employees to provide maid Service during peak tourist Season; 3 to 4 such employees during off season. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF VIRGINIA BEACH, VIRGINIA By uthority Chairan mh.a fis.ma.c October 17, 1983 -9c- A meeting of the Council of the City of Virginia Beach, Virginia, at which a quorum was present, was held in the Council Chambers, in the Administration Building, on the day of 1983. Present: Vote: Absent: On motion by seconded by and voted upon as herein set forth, the following resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR MURPHY ASSOCIATES. WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, whose address is 401 Lynnhaven Parkway, Virginia Beach, Virginia (the Authority) has con- sidered the application of Murphy Associates, a Virginia general partnership, whose address is P.O. Box 806, Virginia Beach, Virginia 23451 (the Company), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $1,862,UOO (the Bond) to assist in the financing of the Company's acquisition, construction, furnishing and equipping of a fifty (50) unit hotel/motel facility (the Facility) at 1005 Pacific Avenue in Virginia Beach, Virginia, to be owned and operated by the Company, and has held a public hearing thereon on October 11, 1983 ; and WHEREAS, the Authority has requested the City Council (the Council) of Virginia Beach, Virginia (the City) to approve the issuance of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution October 17, 1983 - 9d- approving the issuance of the Bond, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CI'RY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach# Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority for the benefit of Murphy Associates, a Virginia general partnership, whose address is P.O. Box 806, Virginia Beach, Virginia 23451, to the extent required by Sectiori 103(k) of the Internal Revenue Code, to permit the Authority to aSSist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorse- ment of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Common- wealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on October 17 1983. mh. c m. ma. c 2 - October 17, 1983 -9e- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Oak Springs Associates, a Virginia limited partnership Location: Between Chimney Hill Shopping Center and Tivoli Apartments on Holland Road Description of Project: 152-unit rental apartment project Amount of Bond Issue: $6,000,000 BOND TO BE ISSUED BY THE SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY Principals: Barry D. Clark Nancy L. Clark Howard M. Weisberg Myron L. Cohen Lee D. Cohen October 17, 1983 -9f- October 13, 1983 FISCAL IMPACT STATEMENT CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (Oak Springs Associates Facility) Name of Applicant: Oak Springs Assciates Facility: Oak Springs Apartments Location of Facility: 12 acre site, Oak Springs Subdivision Holland Road, Virginia Beach (Between Chimney Hill Shopping Center and Tivoli Apartments) 1. Maximum amount of financing sought $ 6,000,000 2. Estimated taxable value of the Facility's real property to be constructed in the municipality $ 6,000,000 3. Estimated real property tax per year using present tax rates $ 42,000 4. Estimated personal property tax per year using present tax rates $ 8,000 S. Estimated merchants' capital tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 175,000 7. Estimated number of regular employees on year round basis 6 8. Average annual salary per employee $ 8,000 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman October 17, 1983 -9g- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the _ day of October, 1983. On motion by and seconded by the follqwing Resoiution was adopted. RESOLUTION APPROVING THE ISSUANCE OF SPECIAL REVENUE BONDS (Oak Springs Associates Project) WHEREAS, the City of Virginia Beach Development Authority (the "Development Authority"), has considered the application of Oak Springs Associates, a limited partnership to be formed under the laws of Virginia (the "Company") to the Suffolk Redevelopment and Housing Authority (the "Housing Authority") for the issuance of the Housing Authority's special revenue bonds in an amount not to exceed $6,000,000 (the "Bonds") to assist in financinq the construction and equipping by the Company of a 152 unit rental apartment project on a 12 acre site included as part of the Oak Springs subdivision which is located between the Chimney Hill Shopping Center and Tivoli Apartments on Holland Road in Virginia Beach, Virginia (the "Project") and has held a public hearing thereon on October 11, 1983; and WHEREAS, the Development Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the construction of the additional housing and issuance of the Bonds by the Housing Authority to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and proposed final Treasury regulations issued thereunder; and WHEREAS, a copy of the Housing Authority's resolution approving the issuance of the Bonds, and a copy of the Development Authority's resolution recormnending approval of the Bonds by the Council, subject to terms to be agreed upon, and a October 17, 1983 -9h- record of the public hearings held thereon has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia spach, Virginia, approves the additional housing to be provided by the Project and further approves issuance of the Bonds by the Suffolk Redevelopment and Housing Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code, to permit the Housing Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, and the bonds shall provide that neither the City, the City of Suffolk, the Authority nor the Housing Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit no, the taxing power of the Commonwealth, the City, the city of Suffolk, the Authority or the Housing Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of virginia Beach, Virginia on October 17, 1983. 2 October 17, 1983 9i- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Fairfield Shopping Center, a Virginia limited partnership Location: 5232 and 5256 Providence Road Description of Project: 4200 square-foot cormnercial building Amount of Bond Issue: $375,000 - REAMORITZATION OF EXISTING BOND ISSUED DECEMBER 17, 1982 Principals: W. W. Reasor Henry A. Shook October 17, 1983 -9j- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the_ day of October, 1983. @ On motion by and seconded by the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE AMENDMENT OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR FAIRFIELD SHOPPING CENTER WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the "Authority"), has approved the request of Fairfield Shopping Center, a Virginia limited partnership (the "Company"), for the amendment of the Authority's 1982 Industrial Development Revenue Bond (Fairfield Shopping Center Project) in the amount of $375,000.00 (the "Bond"), issued December 17, 1982, to assist in the financing of the Company's acquisition, construction, equipping and owning a 4200 square foot commercial building and a 5600 square foot commercial building (collectively, the "Project") at 5232 and 5256 Providence Road, respectively, in Virginia Beach, Virginia, and has held a public hearing thereon on October 11, 1983. WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the amendment of the Bond to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the amendment of the Bond, subject to terms to be agreed upon and a record of the public hearing, has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council approves the amendment of the Bond and the issuance of an amended Bond by the Authority for the benefit of Fairfield Shopping Center, to the extent required by Section 103(k) of the Internal Revenue Code. 2. The approval of the amendment of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, October 17, 1983 - 9k- Virginia Acts of Assembly of 1964, as amended, the amended Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, on October 17, 1983. October 17, 1983 FAIRFIELD/FAIR-RCC 2 - - 91- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: Dominion Building Company Location: North side of Potters Road, East of London Bridge Creek Description of Project: Medical Office Building Amount of Bond Issue: $600,000 Principals: Robert E. Mitchell, Jr. Alvin E. Blank Glen L. Bohlke F. Bruce Tapper Dan L. Sandlin Mark A. Warren Robert Zuckerman October 17, 1983 -9m- FISCAL IMPACT STATEMENT September 15, 1983 Dominion Building Company Medical Office Building Facility 1. Maximum amount of financing sought $600,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $490,000 3. Estimated real property tax per year using present tax rates $ 3,920 4. Estimated personal property tax per year using present,tax rates $140,000 $ 4,200 5. Estimated merchants' capital tax (business license tax) per year using present tax rates $ 6,229 6. Estimated dollar value per year of goods and services that will be purchased locally $ 88,606 7. Estimated number of regular employees on year round basis (does not include 7 doctors who are partners and part- time social workers) $ 4 8. Average annual salary per employee $ 13,750 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By Chairman October 17, 1983 -9n- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the day of 1983. On motion by and seconded by the 0 owing Resolution was adopted. RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR DUMINION BUILDING COMPANY WHEREAS, the City of Virginia Beach Development Authority (the Authority), has considered the application of Dominion Building Company (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $600,000 (the Bonds) to assist in the financing of the Company's acquisition, construction and equipping of a medical office building facility (the Facility) to be located on approximately 1.6 acres on the north side of Potters Road immediately east of London Bridge Creek in the City of Virginia Beach, Virginia, and to be owned by the Company, and has held a public hearing thereon on October 11, 1983; and WHEREAS, the Authority has recommended that the City Council (the Council) of City of Virginia Beach, Virginia (the City), approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended; and WHEREAS, a copy of the Authority's resolution apprOVing the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing with respect to the Bonds and a Fiscal Impact Statement in the form prescribed by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Clerk of the Council; October 17, 1983 -9o- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preambles to this Resolution are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Company, to the extent of and as required by Section 103(k) of the Internal Revenue Code of 1954, as amended, and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, to permit the Authority to assist in the financing of the Facility. 3. The approval of the issuance of the Bonds, as required by such Sections 103(k) and 15.1-1378.1, does not constitute an endorsement of the Bonds or the credit- worthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to"pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on October 17 1983. October 17, 1983 -2- -9p- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: ARA Services, Inc. Intersection of Independence Boulevard and Location: Silverleaf Drive and Intersection of Old Donation Parkway and First Colonial Road Description of Project: Two Day Care Facilities Amount of Bond Issue: $1,100,000 Principals: National Child Care Centers, Inc. October 17, 1983 -9q- FISCAL IMPACT STATFIENT October '@t 1983 D e ARA Services, Inc.- App icant two day care centers Fa-cility 1. Maximum amount of financing sought $ 1,100,000 2. Estimated taxable value of the facility's real property to be cons:-@-cted in the $900,000-$450,000 municipality per faci: 3. Estimated real property tax per vear usir4 $ 7,200-$3,600 per present tax rates racii. 4. Estimated personal propertv tax per year Wprlx using present tax rates )Oo_$, .350 per facili- 5. Estimated mercharts' caz-'-tal tax per vear using present tax rates $ Unknown 6. Estimated dollar value per year of goods and approx. services that will be purchased locally $100.000-$50,000 per ?a-cili 7. Estimated number of regular employees on year round basis approx. 50 - 25 per facili 8. Average annual salary per employee f@@bg*to $8,000 per em@p oys Authoritv Chair-man City of Virginia Beach Development Authority Name o@Authority October 17, 1983 -9r- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the_ day of 1983. On motion by and seconded by , the following Resolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR ARA SERVICES, INC. WHEREAS, the City of Virginia Beach Development Authority of Virginia Beach, Virginia (the Authority), has considered the application of ARA Services, Inc. (the Company) for the issuance of the Authority's industrial development revenue bonds in an amount estimated at $1,100,000 (the Bonds) to assist in the financing of the Company's acquisition, construction, and equipping of two day care facilities (the Facilities) for National Child Care Centers, Inc., a wholly-owned subsidiary of the Company, one to be located at the intersection of Independence Boulevard and Silverleaf Drive and the other to be located at the intersection of Old Donation Parkway and First Colonial Road, both in the City of Virginia Beach, Virginia, and has held a public hearing thereon on October 11, 1983. WHEREAS, the Authority has requested the City Council (the 'Council) of Virginia Beach, Virginia (the City), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a fiscal impact statement and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach October 17, 1983 -9s- Development Authority of Virginia Beach, Virginia, for the benefit of the Company, to the extent required by Section 103(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facilities. 2. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or the costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonweaith, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on October 17 1983. -2- October 17, 1983 -9t- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND Project Name: A. Kemp Rowe (Phase VI) Location: Southside of Greenwich Road Across from Business Park Drive Description of Project: Acquisition of Land & Construction of an Office Thereon Amount of Bond Issue: $4,000,000 Principals: A. Kemp Rowe Ernest M. Lendman Stephen M. Campbell W. Taylor Johnson October 17, 1983 9u- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the_ day of 1983. On motion by and seconded by th@following Resolution as adopted. RESOLUTION OF CITY COUNCIL APPROVING THE ISSUA14CE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE BENEFIT OF A. KE14PT ROWE (Rowe Properties VI Project) WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of A. Kemp Rowe or any partnership or corporation to be forried by A. Kemp Rowe (the "Applicant"), for the issuance of the Authority's industrial development revenue bonds in an amount not to ex- ceed $4,000,000 (the "Bonds") to assist in the financing of the Applicant's acquisition of a parcel of land located at the Southside of Greenwich Road across from Business Park Drive in Virginia Beach, Virginia, and the construction and equipping thereon of an office building containing approximately 60,000 square feet (the "Facility") in Virginia Beach, Virginia, and has held a public hearing thereon on October 11, 1983. WHEREAS, the Authority has r6quested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon and a record of the public hearing has been filed with the Clerk of the Council; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of the Applicant, to the extent required by Section 103(k) of the Internal Revenue October 17, 1983 -9v- Code, to perinit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as re- quired by Section 103(k), does not constitute an endorsement of the Bonds of the creditworthiness of the Applicant, but, as required by Chapter 643 of the Acts of Assembly of Virginia of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neith6r the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on October 17 1983. October 17, 1983 -9w- FISCAL IMPACT STATEMENT SUBMITTED Td THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BEACH Date: .The undersigned applicant, in order to permit the Chairman of the Industrial Development Authority of the City of Virginia Beach to submit the following information in compliance with Section 15.1-1378.2, Code of Virginia of 1950, states: Name of Applicant: Rowe Properties vi Project Faci I tty: Office Building I - Maximum amount of financing souglit on-nn 2. Estimated taxable value of the facility's real property to be constructed in the City of Norfolk Si.nnn.nnn nn 3. Estimated real property tax per year using present tax rates S 7.;,nnn nn 4. Estimated personal property tax per year using present tax rates s 1,000..00 5. Estimated bu$iness license tax per year using present tax rates s 51000.00 6. Estimated dollar value per year of goods and services that will be purchased locally S 250.000.oo 7. Estimated number of regular employees on year round basis 300 8. Average annual salary per employee S 15 000.00 Name of Applicant: iirie: Chairman, City of MUN. BOND FORt-ts/PUR-FIS Virginia Beach Development Authority October 17, 1983 - 9x- SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REV.ENUE BOND Project Name: Tower Enterprises Location: Cleveland Place near its intersection with Cleveland Street Description of Project: 13,000 square-foot office building Amount of Bond Issue: $100,000 Additional Bond to cover construction cost overrides - $600,000 Bond issued on March 3, 1983 Principals: William C. Overman William E. Conklin James R. Land, Jr. Harry Solomon October 17, 1983 - 9y- FISCAL IMPACT STATEMENT October 17, 1983 TOWER ENTERPRI-SES 1. maximum amount of financing sought $ 700,000.00 2. Estimated taxable value of the Facility's real property to be constructed in the City of Virginia Beach 680,000.00 3. Estimated real property tax per year using present tax rates 5,440.00 4. Estimated personal property tax per year using present tax rates 540.00 5. Estimated merchants' capital tax (business license tax) per year using 8,000.00 present tax rates 6. Estimated dollar value per year of goods and services that will be purchased locally 40,000.00 7. Estimated number of regular employees on year round basis 40 8. Average annual salary per employee 18,000.00 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF VIRGINIA BEACH By Chairman October 17, 1983 -9z- A RESOLUTION APPROVING THE ISSUANCE BY THE CITY OF VIRGINIA BEACH DEVELQPMENT AUTHORITY IN CONJUNCTION WITH FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A 13,000 SQUARE-FOOT OFFICE BUILDING TO BE LOCATED ON CLEVELAND PLACE, NEAR ITS INTERSECTION WITH CLEVELAND STREET IN tHE CITY OF VIRGINIA BEACH, VIRGINIA, AND TO BE OWNED BY TOWER ENTERPRISES WHEREAS, the City of Virginia Beach Development Authority (the Authority) has considered the application of Tower Enterprises (the Company) for the issuance of the Authority's Industrial Development Revenue Bonds in the maximum aggregate face amount of $700,000.00 (the Bonds) to assist in financing a portion of the cost of a 13,000 square-foot office building (the Facility) to be located on Cleveland Place near its intersection with Cleveland Street in the City of Virginia Beach, Virginia, and to be owned by the Company; and WHEREAS, the Authority has held a public hearing thereon on February 8, 1983; and WHEREAS, the Authority requested and the City Council (the Council) of Virginia Beach, Virginia, (the City) approved, on February 28, 1983, the issuance of the Authority's Industrial Development Revenue Bond in an amount not to exceed $700,000.00 for such purposes and in order to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, the Authority, on March 3, 1983, issued for such purposes its Industrial Development Revenue Bond (Tower Enterprises) in the principal amount of $600,000.00; and WHEREAS, a copy of the Authority's Resolution approving the issuance of Industrial Development Revenue Bonds in the maximum aggregate face amount of $700,000.00, subject to terms to be agreed upon, and a record of the public hearing have been filed with the Clerk of the Council; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: October 17, 1983 -9aa- 1. The Council of the City of Virginia Beach, virginia, approves the issuance of an Industrial Development Revenue Bond (the Bond) in the principal amount of $100,000.00 by the City of Virginia Beach Development Authority for the benefit of Tower Enterprises, to the extent of and as required by Section 103(k) of the Internal Revenue Code, as amended, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond in the amount of $100,000.00, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond in the amount of $100,000.00 or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor; and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. This Resolution shall take effect irmnediately upon its adoption. Adopted by the Council of the City of virginia Beach, Virginia, on the 17 day of October 1983. October 17, 1983 -2- -10- Item II-G CONSENT AGENDA ITEM # 20789 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED, in ONE MOTION, Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA. 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 October 17, 1983 ltem II-G.1 CONSENT AGENDA ITEM # 20790 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Section 2-215.2, Code of the City of Virginia Beach, Virginia, pertaining to competitive bidding on State-Aid Projects. 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 October 17, 1983 -lla- AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-215.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO COMPETITIVE BIDDING ON STATE-AID PROJECTS BE IT ORDAINED-BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-215.2, of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 2-215.2. Competitive bidding on state-aid projects. No contract for the construction of any building or for an addition to or improvement of an existing building for which state funds of one-hundred ten thousand dollars +$IGG-roooroo@ 1000 or more, either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive sealed bidding or competitive negotiation. The procedure for the advertising for bids or for proposals and for letting of the contract shall conform, mutatis mutandis, to this division. No person or firm shall be eligible to bid on or submit a proposal for any such contract under competitive sealed bidding or competitive negotiation procedures nor to have the same awarded to him or it who has been engaged as architect or engineer for the same project under a separate contract. Adopted by the Council of the City of Virginia Beach, Virginia, this 17th day of October 1983. RMB/sm 8/2 5/8 3 (MISC.1) Ref: Section 11-41.1, Code of Virginia (1950), as amcnded. APP SIGNArJ@," DEPARTMEt'IT APi CITYATTj'lr4EY -12- Item II-G.2 CONSENT AGENDA ITEM # 20791 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Section 17-20, Code of the City of Virginia Beach, Virginia pertaining to collection, remittance and disbursement of assessments imposed by Section 17-19. 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, Ill, 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 October 17, 1983 -12a- AN ORDINANCE TO AMEND AND REORDAIN SECT16N 17-20 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO COLLECTION, REMITTANCE AND DISBURSEMENT OF ASSESSMENTS IMPOSED BY SECTION 17-19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 17-20, of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 17-20. Collection, remittance and disbursement of assessments imposed by section 17-19. The assessment imposed by section 17-19 shall be collected by the clerk of the court wherein the action is filed and shall be remitted to the city treasurer and held by the treasurer subject to disbursements by the city council for the acquisition of law books, and law periodicals and computer legal research services and equipment for the establishment, use and maintenance of the public law library. Such disbursements may include compensation to be paid to librarians and other necessary staff for the maintenance of such library and the acquisition of suitable quarters for such library. Adopted by the Council of the City of Virginia Beach, Virginia, this 17th day of October 1983. RMB/sm 8/26/8 3 (MISC.1) Ref: Section 42.1-70, Code of Virginia (1950), as amended. AP, October 17, 1983 -13- Item II-G.3 CONSENT AGENDA ITEM # 20792 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council AUTHORTZED the City Manager to enter into the necessary agreements with Southern National Leasing Corporation for the lease/ purchase of various equipment for the Departments of General Services and Public Works. 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 C. 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 October 17, 1983 -14- Item 11-G.4 CONSENT AGENDA ITEM # 20793 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing the City Manager to execute a De6d of Vacation and Quitclaim vacating five-foot easements for utility and drainage faci.lities across property of Colonial Piedmont I. 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 October 17, 1983 -14a- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF VACATION AND QUITCLAIM VACATING 5' EASEMENTS POR UTILITY AND DRAINAGE FACILITIES ACROSS PROPERTY OF COLONIAL PIEDMONT I WHEREAS, Colonial Piedmont I, a North Carolina corporation, is the fee simple owner of those certain pieces of property designated as parcels D and E on that certain plat entitled 'SUBDIVISION OF PROPERTY OF W. D., Jr. and BLANCHE HOBBS KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA,' dated December 3, 1975, prepared by Baldwin and Gregg, Engineers-Planners- Surveyors, a copy of which is attached hereto and made a part hereof as Exhibt A; and WHEREAS, by legend noted on Exhibit A, which plat was recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 118, at Page 7, W. D. Hobbs, Jr., and Blanche Hobbs (predecessor in title to Colonial Piedmont I) dedicated to the City of Virginia Beach 51 easements along and adjacent to the side lot line between parcels D and E for drainage and utility facilities; and WHEREAS, Colonial Piedmont I has requested that the City vacate the 5' easements for draIinage and utility facilities on either side of the lot line between parcels D and E, shown as the shaded area on the attached Exhibit A ((hereinafter "Easements To Be Vacated*); and WHEREAS, ii has been determined by the Departments 6f Public Works and Public Utilities that the Easements To Be Vacated are in excess of the needs of the City of Virginia Beach, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Easements To Be Vacated are in excess of the needs of the City of Virginia Beach and are hereby vacated; and That the City Manager is hereby authorized to execute a Deed of vacation and Quitclaim between the City of Virginia Beach and Colonial Piedmont I, releasing the City's interest in the October 17, 1983 -14b- Easements To Be Vacated, a copy of which is attached hereto and made a part hereof as Exbibit B. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of October 1983. CJ/da 10/7/8 3 (G) Af,ppC)VED AS TO COIITL',Ir @,.,Illl E D@PARIMiNT 01- T -2- October 17, 1983 Ix RIVER AVL EXANDRIA Li X$4-"'.Oo-w NOW an AmefiLy, !'mu OPTUR. NOW OR F.OpimiaLi 'MURPHY- ORE'R. tn NOW on -FORMERLyq x 'ALBERT M'ILLER" F. I 'r--O: E:,ANKRUM r, NOW OR FORNFRLY - Ck -14d- EXHIBIT B THIS DEED OF VACATION AND QUITCLAIN, Made this day of , 1983, by and betwften the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Vir(jinia, party of the first part, and COLONIAL PIEDMONT I, a North Carolina corporation, Airport and Lumley Roads, Route 1, Box 423, Morrisville, North Carolina, 27560, party of the second part. W I T N E S S E T H: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which are hereby acknowledged, the party of the first part hereby releases, vacates, and forever QUITCLAIMS unto the party of the second part all of its right, title, and interest, if any, in and to the following described property: Those certain five-foot easements for drainage and utility facilities located on either side of the lot line between those certain pieces of property designated as parcels D and E on that certain plat entitled 'SUBDIVISION OF PROPERTY OF W. D., Jr. and BLANCHE HOBBS KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA,' dated December 3, 1975, prepared by Baldwin and Gregg, Engineers-Planners- Surveyors, Norfolk-Portsmouth-Fairfax, Virginia, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map BOok 118, at Page 7. Said five- foot easements are shown as the shaded area on the attached copy of the afore-referenced plat. This conveyance is made subject to conditions, rest rictions, easements, and reservations of record in the chain of title, if any, constituting constructive notice thereof. IN WITNESS WHEREOF, the City of Virginia Beach has caused its name to be signed by its City Manager and its seal to be affixed and attested to by its City Clerk, and said action was authorized by an ordinance adopted by the Council of the City of October 17, 1983 -14e- Virginia Beach, at a meeting duly called and held on the day of 1983. CITY 09 VIRGINIA BEACH By I City Manager (SEAL) ATTEST: I cf-cy-clerrc STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I, a Notary .Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH, City Clerk, for the City of Virginia Beach, whose names are signed to the foregoing Deed of Vacation and Quitclaim, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1983. Notary Public My Commission Expires:------- CJ/da 10/7/83 (27-C) October 17, 1983 -15- Item II-G.5 CONSENT AGENDA ITEM # 20794 Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,834.38 upon application of certain persons and upon certification of the Treasurer for payment. 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 October 17, 1983 C... 7 10/7/83 EMC -15a- AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refkinds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Y ca, of Tax N,,mber tion No. Paid ;andra I Caldwell N/A Pkng 69299 9/13/83 20.00 .awrence Leasing Co N/A Pkng 73856 7/12/83 12.00 k W Jr & Jean C Vaeth 83 RE(1/2) 83025-7 12/5/82 232.05 k W Jr & Jean C Vaeth 83 RE(2/2) 83025-7 6/5/83 232.05 @ W Jr & Jean Vaeth 83 RE(2/2) 94028-1 7/20/83 1,242.58 7 & M Mortgage Co 83 RE(2/2) 65874-6 6/5/83 95.70 Total 1,834.38 This ordinance shall be effeclive frorr. d,,ite of ,idopticn. The above abatement(s) totaling C( n 1,834.38 were approved by the 8ouncil of the City of Virgillia Beach on the 17 day Of October, 1983. Jo Approved as to farm: Ruth Hodges Smith City Clerk -16- Item II-H.1 PLANNING - RECONSIDERATION ITEM # 20795 Attorney Robert Cromwell represented the applicant. John Miller was in favor of rezoning to A-1 in lieu of A-2. Upon motion by Councilwoman McClanan, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of BREEDEN DEVELOP- MENT CORPORATION, A VIRGINIA CORPORATION, for a Change of Zoning from B-2 to A-1 (Modified from A-2). The applicant voluntarily agreed to attempt saving the large trees where the street is to be placed. ORDINANCE UPON APPLICATION OF BREEDEN DEVELOPMENT CORPORATION, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING FROM B-2 TO A-1 (MODIFIED FROM A-2) Z01083761 BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Breeden Development Corporation, a Virgi.nia Corporation, for a Change of Zoning District Classification from B-2 Community- Business District to A-1 Apartment District (modified from A-2) on certain properly located 202.01 feet west of Holland Road beginning at a point 1311 feet south of Rosemont Road, running a distance of 962.53 feet along the eastern property line, running a distance of 600 feet more or less along the southern property line, running a distance of 910 feet along the western property line and running a distance of 600 feet more or less along the northern property line. Said parcel contains 13.928 acres. PRINCESS ANNE BOROUGH. The following may be required: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Twenty-five percent of the cost for a three-phase traffic signal. 4. Adequate access to the site. 5. Save the three large Oak trees. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of October, Nineteen Hundred, Eight@ r@ee. 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 C. 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 October 17, 1983 -17- Item 11-H.2 PLANNING - RECONSIDERATION ITEM # 20796 Gary Gelardi represented the applicant. Douglas Bowles represented adjacent property owners. Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council APPROVED the recommended procedures outlined in the City Manager's letter dated October 17, 1983 (hereby made a part of the record), in the application of THALIA WAYSIDE CORPORATION for a Change of Zoning from R-6 to A-2 on a 39.376-acre parcel located north of Virginia Beach Boulevard and east of Thalia Road (Kempsville Borough). This application was approved May 19, 1983. The procedures recommended are as follows: 1. The developer will prepare twenty-eight separate deeds to the various parcels within the buffer strip and submit the deeds to be held in escrow by the City of Virginia Beach. 2. The final plats for the townhouse development will be released when ready and the development of the townhouses will, therefore, proceed. 3. Within thirty days of satisfactory completion of the on-site drainage work, as determined by the City Engineer's office, the adjacent property owners will have the option of accepting the deed or rejecting it. Based upon each homeowner's individual decision, the City will provide the deed to the adjacent homeowner or return it to the developer to be incorporated as a buffer strip into the townhouse project. 4. Depending on the decision made by each adjacent land- owner, the fence will be installed on the townhouse property line. 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, 111, 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 October 17, 1983 -18- Item II-I.1 PLANNING ITEM # 20797 Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DENIED the application of JOSEPH C. AND HELEN M. LYNCH for a Condi- tional Use Permit for small engine repair and retail sales, due to the absence of the applicants and/or their representative; consequently, they were unable to either accept or reject the conditions imposed. This matter was deferred for two weeks on September 26, 1983, and for an additional week on October 10, 1983. The applicants and their attorney were notified that this matter would be on the Council Agenda for October 17, 1983. ORDINANCE UPON APPLICA!FION OF JOSEPH C. AND HELEN M. LYNCH FOR A CONDITIONAL USE PERMIT FOR SMALL ENGINE REPAIR AND RETAIL SALES Ordinance upon application of Joseph C. and Helen M. Lynch for a Conditional Tjse Permit for small engine repair and retail sales on certain property located on the west side of First Colonial Road beginning at a point 457.6 feet south of Virginia Beach Boulevard, running a distance of 75 feet along the west side of First Colonial Road, running a distance of 180 feet along the southern property line, running a distance of 75 feet along the western property line and running a distance of 180 feet along the northern property line. Said parcel contains 13,500 square feet. LYNNHAVEN BOROUGH. 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, II1, 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 October 17, 1983 -i9- Item II-I.2 PLANNING ITEM # 20798 Attorney Grover Wright represented the applicant. Upon motion by Councilman Jennings, seconded by Councilman Robert Jones, City Council ADOPTED an Ordinance upon application of THE ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. for a Conditional Use Permit per the following: ORDINANCE UPON APPLICATION OF THE ASSOCIATION FOR RESEARCH AND ENLIGHTENMENT, INC. FOR A CONDITIONAL USE PERMIT TO EXPAND A NONPROFIT INSTITUTION(HEALTH SERVICES AND OFFICE) R01083583 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA: Ordinance upon application of the Association for Research and Enlightenment, Inc. for a Conditional Use Permit to expand a nonprofit institution(health services and office) on certain property located at the southwest corner of 68th Street and Atlantic Avenue, running in a southerly direction along the west side of Atlantic Avenue a distance of 350 feet, running in a westerly direction along the north side of 67th Street a dis- tance of 525 feet more or less, running in a southeasterly direction a distance of 22.01 feet, running in a southerly direction a distance of 45.49 feet, running in a westerly direction a distance of 85 feet, running in a northerly direction along the western property line a distance of 430 feet, running in a southeasterly direction a distance of 101.12 feet, running in a southerly direction a distance of 50 feet, and running in an easterly direction along the south side of 68th Street a distance of 500 feet. Said parcel contains 4.2 acres. LYNNHAVEN BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth day of October-, Nineteen Hundred, Eighty-Three. 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 October 17, 1983 -20- Item II-I.3 PLANNING ITEM # 20799 Attorney Grover Wright represented the applicant. Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of OCEANSIDE INVEST- MENT ASSOCIATES for a Change of Zoning from B-5 to H-2 per the following: ORDINANCE UPON APPLICATION OF OCEANSIDE INVESTMENT ASSOCIATES FOR A CHANGE OF ZONING FROM B-5 TO H-2 Z01083759 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Oceanside Investment Associates for a Change of Zoning District Classification from B-5 Resort-Commercial Distric@Co-H-2 Resort Hotel District on certain property located on the east side of Atlantic Avenue at the eastern terminus of 21st Street, running a distance of 25 feet along the east side of Atlantic Avenue, running a distance of 150 feet along the northern property line, running a distance of 25 feet along the eastern property line and running a distance of 150 feet along the southern property line. Said parcel contains 3750 square feet. VIRGINIA BEACH BOROUGH. This Ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the eventeenth day of October, Nineteen Hundred, Eighty-Three. 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 October 17, 1983 -21- Item II-I.4 PLANNING ITEM # 20800 Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance to amend and reordain Article 2, Section 221, of the Comprehensive Zoning Ordinance pertaining to pro- cedural requiremerits and general standards for Conditional Use Permits. 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 October 17, 1983 -2la- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 221 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS AND GENERAL STANDARDS FOR CONDITIONAL USE PERMITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Article 2, Section 221, Procedural requirements and general standards for conditional uses, of the C.Z.O. be amended and reordained in part as follows: 221. Procedural requirements and genral standards for conditional uses. (k) Administrative Renewal of Use Permits. All use permits which are subject to time lim, reviewed and extended for like periods of time, after a detertnination by the Director of Planning that the continuation of the use permit w6uld not be detrimental to the public health, satety, and weltare an(i t at to continue the activity un(jer the use permit ould not cause pUbliC inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible wit ot er uses ot land in the particular zoning district. Arnong t e matters to be considered in this connection are tra ic ow and control; access to and circulation within the property; otf-street parking and loading; refuse and service areas; utilities; screening and buffern ' ns, yards and other s @ r, Toc" tructu s o@cation open spaces; height, bulk and a ion re ; of proposed open space uses; hours and manner of operation; and noise, light, dust, odor, tumes and vibrations. Any person a?,.rip vediby the decision of the Director of anning ay :n r ision, U:,Ou;s PWIthn 10 days of the@ec with respect to t e iss i pr "aTor conditions attached to approval, have the matter reviewed by the Plannn, Commission and the City Council after to itowing the r7ce outre the o in, ordinance. This shr a T set forth in 221(a) of be construed to I!Mlt th. r, gRt, f any aggrievea person un er Section 221(h) of this orainance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of October 19 83 October 17, 1983 -22- Item TI-1.5 PLANNING ITEM # 20801 Attorney Grover Wright represented the applicant. Upon motion by Councilman Heischober, seconded by Councilman McCoy, City Council ADOPTED an Ordinance upon application of SOLARTOWNE, LTD- for a Change of Zoning from R-6 to A-1 per the following: ORDTNANCE UPON APPLICATION OF SOLARTOWNE, LTD. FOR A CHANGE OF ZONING FROM R-6 TO A-1 Z01083760 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINIA: Ordinance upon application of Solartowne, Ltd. for a Change of District Classification from R-6 Residentiai District to A-1 Apartment District on certain property located along the south side of Newtown Road beginning at a point 200 feet more or less west of Broad Meadows Boulevard, running a distance of 696.17 feet in a southerly direction, ruiining a distance of 16.18 feet in a northwesterly direction, running 6.08 feet in a northeasterly direction, running a distance of 797.48 feet in a north- westerly direction and running a distance of 594.42 feet in a northeasterly direction along the south side of Newtown Road. Said parcel contains 5.605 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 Seventeenth day of O-ctober, Nineteen Hundred, Eighty-Three. Voting. 6-4 Council Members Voting Aye: John A. Baum, 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, III, Reba S. McClanan, Meyera E. Oberndorf Council Members Absent: Nancy A. Creech October 17, 1983 -23- Item II-I.6 PLANNING ITEM # 20802 Attorney Grover Wright represented the applicant. Joe Wharton, engineer with Langley and McDonald, spoke on behalf of the applicant. Attorney Leslie Cox represented Ursula B. Jones (widow of Samuel G. Jones). There is pending in the Circuit Court of the City of Virginia Beach a certain suit styled Ursula B. Jones, et al v. VNB, Executor of the Estate of Samuel G. Jones, et al, C-4059. Mr. Cox stated the desire of Mrs. Jones to withdraw a letter dated October 11, 1983, addressed to City Attorney J. Dale Bimson, from E. Leslie Cox of Breeden, Howard & MacMillan (said letter is hereby made a part of the record). Opposition: Attorney William Wahab, representing Northwest Virginia Beach Civic League (presented petition bearing approximately 517 signatures which is hereby made a part of the record). John Perry, representing L & J Gardens Civic League. Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City Council DEFERRED, until legalities can be resolved (possibly 30 days), Ordinances upon application of R. G. MOORE for Changes of Zoning in the Bayside Borough: a. From R-1 Residential District to PD-H 2 Planned Unit Development District on two parcels -- south of Shell Road and east of the intersection of Shell Road and Northampton Boulevard. Said parcels contain 49 acres. b. From R-5 Residential District to R-8 Residential District on a parcel on the east side of Baker Road, south of Anthony Lane and north along the east side of Baker Road, containing 126.1 acres. c. From R-8 Residential District to PD-H 2 Planned Unit Development District on a parcel on the east side of Baker Road, south of Anthony Lane and north along the east side of Baker Road, containing 126.1 acres. d. From R-5 Residential District to B-2 Community-Business District on a parcel south of Shell Road, east of Hoosman Road, containing 1.1 acres. e. From R-1 Residential District to B-2 Community Business District on a parcel south of Shell Road, east of Northampton Boulevard/Shell Road intersection, containing 2.9 acres. October 17, 1983 -24- item iI-I.6 PLANNING ITEM # 20802 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANCE OF ZONING FROM R-1 TO PDH-2 Ordinance upon application of R. G. Moore Building Corporation of a Change of Zoninp 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 point 150 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 southeasterly 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- easterly direction a distance of 461.05 feet, running in a northerly direction a distance of 51.40 feet, running in a northeasterly direction -25- Item TI-1.6 PLANNING TTEM # 20802(co.ti..ed) 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, running 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, runni.ng in a northeasterly direction 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. A N D, October 17, 1983 - 26- Item II-I.6 PLANNING ITEM #20802 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-5 TO R-8 Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from 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 distance 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 norlhwesterly 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 distance of 1,861.98 feet. Said parcel contains 126.1 acres. BAYSIDE BOROUGH. A N D, October 17, 1983 - 27- Item II-I.6 PLANNING ITEM # 20802 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CH&NGE OF ZONING FROM R-8 TO PDH-2 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 Tiortherly direction a distance of 215 feet to the official R-5/R-1 zoning line, running in a southeasterly di.rection 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. A N D, October 17, 1983 -28- Item II-1.6 PLANNING ITE14 # 20802 (continued) ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-5 TO B-2 Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification from 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. A N D, ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING FROM R-1 TO B-2 Ordinance upon application of R. G. Moore Building Corporation for a Change of Zoning District Classification fr m@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 contains 2.9 acres. BAYSlDE BOROUGH. October 17, 1983 -29- Item II-1.6 PLANNING ITEt4 # 20802 (continued) Voting: 7-3 Council Members Voting Aye: John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. Council Members Absent: Nancy A. Creech October 17, 1983 -30- Item 11-K.1 NEW BUSTNESS ITEM # 20803 Upon motion by Councilman Robert Jones, seconded by Vice Mayor Henley, City Council DEFERRED CONSIDERATION, for thirty (30) days (to November 21, 1983), cable televising of City Council Meetings. 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, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum and Nancy A. Creech October 17, 1983 -31- Item II-K.2 NEW BUSINESS ITEM # 20804 Attorney Grover Wright represented the applicant. Architect Richard Grimstead spoke on behalf of the applicant. Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council APPROVED an encroachment of balconies in the construction of a condominium at 22nd Street and Atlantic Avenue for Dr. J. Patel of Kamla, Inc. 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 October 17, 1983 -32- Item II-L ADJOURNMENT ITEM # 20805 By consensus, City Council adjourned the meeting at Five Seven in the afternoon. 'Joan M. Keith Deputy City Clerk cmc Mayor City Clerk City of Virginia Beach Virginia /jk October 17, 1983