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HomeMy WebLinkAboutDECEMBER 14, 1981 MINUTES "WORLD'S LAilGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY McCOY JR., D-D S., B...gb VICE-MAYOR HAROLD HEISCROBER, A, L.,gl JOHN A. BAUM, BI-i.-Ill B-@-gh E. T. BUCHANAN, Ly..b.... B.,..gh F. REID ERVIN, A, L.,,, BARBARA M. HENLEY, P..g. 8-@-gh CLARENCE A. HOLLAND, M.D., B.y.id. Bo,..gb W. H. KITCHTN. Ill, Villili- BI-ch B.@.gb REBA S. M,CLANAN, P,i.@.,@ A... B.,..gb MEYERA E. OBERNDORF, A, L.,g, 212 CITY MALL BUILDINC PATRICK L. STANDING, A, L.1s. MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456 RUTH HODGES SMITH, Ci'Y Cl-lk (804) 427-4303 CITY COUNCIL AGENDA December 14, 1981 ITEti I INFORTIAL SESSION: 12:30 p.m. A. CALL TO ORDER tlayor J. Henry McCoy, Jr., D.D.S. B. ROLL CALL OF COUNCIL . C. MOTION TO RECESS INTO INFORt4AL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT @IATTERS 1. Matters for discussion by 'Iayor. 2. tlatters for discussion by Council. 3. Chamber of Commerce: Discussion of study regarding the need for a Redevel pment and Housing Authority. 4. R. E. Townsend Estate: Discussion of condition set on zoning application approval. ITE.11 II FORIIAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Donald R. Spence (Pastor in Exchange) Thalia Trinity Presbyterian Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF ATIERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. rlINUTES OF PREVIOUS @IIEETING: 1. Motion to accept/approve the t-linutes of December 7,.1981. 2. Motion to accept/approve the tlinutes of the Special 'Ieeting held December 10, 1981. 2 ITEM II E. PRESENTATION 1. Tidewater Ballet Association/Tidewater Ballet Academy 2. White House Conference on Aging a. Report of Virginia Beach Delegation F. RESOLUTION OF APPRECIATION 1. Moose Lodge No. 1998 G. PUBLIC HEARING 1. Fairfax County Redevelopment and Housing Authority - Project Proposed by Crow, Terwilliger, and Michaux, Inc. to construct 344 apartments in the Chimney Hill Sub- division, Holland Road (Kempsvtlle Borough). H. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the fom listed. There 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. Request of the Comissioner of the Revenue for license refunds in the amount of $323.25. 2. Request of the City Treasurer for tax refunds in the amount of $159.78. I. PLANNING ITEMS 1. Application of C ' W 'roper!ies for a change of zoning from A-1 A2artment uistrict to B 2 Communi ty :Iness District on a one-acre parcel located at the norih:au ntersection of Commonwealth Drive and Commonwealth Place (@Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 2. Application of Harold Young, Bonnie Reid, ahd Vivian Young for a change ofzoning from R-6 Residential Di-strict to A-2 Apartment District on a .99-acre parcel located along the west side of Pleasure House Road, north of Lake Brad- ford Lane (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3 ITEM II J. PLANNING ITEMS (cont'd) 3. Application of Elizabeth T. Overcash, Executrix of the Estate of Robert Easton Townsend, Carlos F. and Annie E. Wilson, and LaSalle and Helen Wilson for a change of io-ning from R-6 Residential District to 8,-2 Community- Business Di t@rict on a three-acre parcel located at th6 northeast corner of Witchduck Road and Jeanne Street (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4. Application of CE Associates for a change of zoning from A-1 - .3@apcarretment 1; trict to R-8 Residential District on a TO parce ! AND; for a change of zoning from A-1 Apartment District to A-' Apartme t Dis trict on a 4.7-acre parcel. This undeveloped site is Toc :ted north of Virginia Beach Boulevard, east of Davis Street (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Comission for approval. 5. Application of Christian Broadcasting Network for a change of zoning from R-8 Residential District to A-2 Apartment District on a 35.3-ac e@parce located along the a@st side of Center- ville Turnpike, north of Landfill Road (Kempsville Borough). This item was DEFERRED until today on October 12, 1981. a. Letter from the City Manager transmits NO RECOMMENDATION from the members of the Planning Commission. 6. Application of Christian Broadcasting Network for a conditional use permit for university stud6nt housing on a 23-acre parcel located along the east side of:Centerville Turnpike, north of Landfill Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission@for approval. 7. Application of the Greek Orthodox Church of Virginia Beach for a conditional use permit for a church and related activities on a 2.386-acre parcel located along the west side of First Colonial Road, south of Laskin Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Petition of the Estate of Robert Easton Townsend, Deceased, and Elizabeth T. Overcash, Sole Surviving Executrix, for the closure of a portion of Pennsylvania Avenue (Virginia Beach Borough). This .6-acre site extends northward 690 feet from its intersection with Jeanne Street. The proposed closure consists of an unimproved 50-foot right of way. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4 ITEM II J. ORDINANCES 1. General a. Ordinance to amend and reordain Section 21-396(a) pertaining to the deposit of coins in parking meters. This matter was deferred for one week on November 23, 1981 and again on December 7, 1981. City Manager recommends approval. b. Ordinance to amend and reordain Section 11-9 of the Code of the City of Virginia Beach pertaining to rental charges for stalls at the Farmer's Market. City Manager recommends approval. c. Ordinance, on FIRST READING, to accept a grant totaling $20,200 from federal aid to public libraries and to appropriate these funds. City Manager recommends approval. K. APPOINTMENTS 1. Development Authority 2. Board of Electrical Examiners 3. Planning Commission 4. School Board L. UNFINISHED BUSINESS M. NEW BUSINESS 1. Public Safety: Robert Engessor N. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 December 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Conference Room, City Hall Building, on Monday, 14 December 1 981 . Council Members Present: John A. Baun, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None ITEM #1 7511 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or bargaining is involved, where if wade public initially the financial interest of the governmental unit would be adversely affected. 3. LEGAL MATTERS: Consultation with legal Counsel and briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. 2- Upon motion by Councilman Buchanah, seconded by Councilman Standing, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: I I -0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.O.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 3- M A T T E R S B Y T H E M A Y 0 R EXECUTIVE SESSION ITEM #17512 Mayor McCoy advised Council that during future EXECUTIVE SESSIONS only the City Attorney and Council Members will be present. The staff will be "called in" when needed. Mayor McCoy advised that Council will "set the time" to begin EXECUTIVE SESSIONS. M A T T E R S B Y T H E C 0 U N C I L ADVISORY COUNCIL STUDY ITEM #17513 Councilwoman Henley requested the VIRGINIA BEACH RESEARCH AND ADVISORY COUNCIL'S study of garbage include "use of large containers". VOTING PRECINCTS ITEM #17514 Councilman Holland advised he will be bringing to Council, with Council's concurrence, a petition from the residents in the Bayside Borough, concerning voting precincts. Several changes were made in the voting precincts and Councilman Holland is requesting a "better explanation" of the changes and possibly a Resolution to the Electoral Board requesting they "restudy" certain precincts in the Bayside Borough. The City Manager advised Council of the many problems which have arisen because of changes in the voting precincts, and further advised he discussed this matter with Mrs. Cleta Liverman, General Registrar, who recommended deferral of this until the redistricting is completed. SEPTIC SYSTEM VS SEWER LINES ITEM #17515 Councilman Baum requested information on the report concerning septic tank systems vs sewer lines in residential areas, and suggested a meeting with Dr. Crawford, State Health Department. The City Manager advised the letter of determination will be presented to Council on 21 December 1981. 4- APPOMATTOX WATER AUTHORITY ITEM #17516 Councilwoman Oberndorf reminded Council of the meeting with the Appomattox Water Authority on Tuesday, December 15, 1981, and requested an update on "how the City is progressing in negotiations with the Authority. Where the meeting will be held? Who will be attending? What the decisions will be?" It was noted that the City Council has not been invited to attend the meeting as it is the regular meetiny-of the Authority. I N F 0 R M A L S E S S I 0 N CHAMBER OF COMMERCE ITEM #17517 Mrs. Nancy Creech, Chamber of Commerce President, gave a report on the Chamber's Task Force Committee and their study of feasibility for a City Redevelopment and Houising Authority. The Committee is to report to Council in April of 1982. The Housing and Development Study Task Force Committee: William Smith, Smith, Dickerson and Thorn Robert W. DeMille, President, DeMille Homes, Inc. James Crouch, Vice President, Citizens Trust Bank Jack Robertson, William E. Wood Associates William Schlimgen, Talbot and Associates, Nancy Creech, Director of the Virginia Beach Chamber of Commerce Herman Valen@tine, President, Management Systems Corporation It was noted that one addi:tional member to the Committee will be appointed in the very near future. R. E. TOWNSEND ESTATE ITEM #17518 The application of R. E. Townsend Estate will be discussed during the FORMAL SESSION. City Council recessed into EXECUTIVE SESSION, (1:15 p.m.) 5- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beachi Virginia 14 December 1981 2:30 p.m- Council Members Present: John A. BaLtn, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None INVOCATION: Reverend Donald R. Spence (Pastor in Exchange) Thalia Trinity Presbyterian Church Reverend Spence presented Council a book from the City Council of Bathhurst, near New South Wales, Australia Mayor McCoy presented to Reverend Spence a City Seal and medallion. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 6- M I N U T E S 'ITEM II-D.1/2 ITEM #17519 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE the Minutes of the Regular Meeting of 7 December 1981, and the Special M@eting Minutes of 10 December 1981. Voting: 11-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober,. Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 7- A P P 0 I N T M E N T S APPOINTMENTS TO BOARDS AND COMMISSIONS WAS BROUGHT FORWARD PLANNING COMMISSION - ITEM II-K.1 ITEM #17520 Upon nomination by Councilman Standing, City Council voted to APPOINT the following to the PLANNING COMMISSION for terms of four (4) years beginning January 1, 1982 and terminating December 31, 1985: Thomas M. Ammons, III Albert W. Balko Richard J. LeClaire AND, REAPPOINTED James E. Snyder for a term of four (4) years beginning January 1, 1982 and terminating December 31, 1985. Vot ing: 1 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 8- SCHOOL BOARD ITEM II-K.2 ITEM #17521 Upon nominat'ion by Councilman Hollahd, City Council APPOINTED the following to the VIRGINIA BEACH SCHOOL BOARD for terms of three (3) years beginning January 1, 1982 and. terminating December 31, 1984. Blackwater Borough Laura Mae TeBault Lynnhaven Borough Dr. John A. Fahey At Large Robert Clyburn James N. Fletcher Voting: 11-0 Council Members Voting Aye: John A. Baun, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 9- SEVAMP ITEM II-K-3 ITEM #17522 Upon motion by Councilman Standing, seconded by Councilman H61 land, City Council voted to CONFIRM the appointment of J. Roy Alphin to the SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM, INC., as the At Large Director, for a term of four (4) years beginning January 1, 1982 and terminating December 31, 1985. Voting: 1 1 - 0 Council Members Voting Aye: John A. Baun, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None P R E S E N T A T I 0 N ITEM II-E.1 ITEM #1 7523 Councilwoman Oberndorf advised Council of the newly formed Tidewater Ballet Association consisting of citizens throughout the Tidewater area helping to promote students in ballet. The 'students present today (December 14, 1981), competed in competition in Harrisburg, Pennsylvania. Windy Daria (age 13) won First Place in Clas@sical Ballet, and a one year scholarship to the Philadelphia Civic Ballet. Jennifer Magpoc (age 11) won First Place in modeling Jennifer Magpoc and her sister Jane (age 9) won First Place in Solo Competition for Vocal and Ethnic Dancing The Mayor presented plaques and medallions to the students, and a City Seal to Mr. Hammett, Instructor. Mayor McCoy noted that Councilwoman Oberndorf is the newly elected President of the Tidewater Ballet Association. ITEM II-E.2 ITEM #17524 Mr. Sam Houston, White House Conference on Aging, spoke before Council and expressed his gratitude for having attended the Conference, and advised there were 3,500 people attending the meeting. Mr. Houston ad@vised that "he discovered there were 133 pieces of legisla:tion dealing with elderly and handicapped", and 114 dealing with transportation of the elderly. Mr. Houston was on the Transportation Committee. Mr. J. Roy Alphin thanked the Council for giving he and Mr. Hous@on the opportunity to share their experiences in attending the Conference. The Conference was well organized, and it was the Third Annual White House Conference on Aging. i Mr. Alphin advised that there are over twenty-five million (25,000,000) people living in the United States over 65 years of age. Over thirteen thousand (13,000) people in the United States are over 100 years old. The life span has increased by 25 years, and there are three elderly women to every two elderly men. Mr. Alphin was on the Housing Alternatives Committee. Mrs. Mary Ellen Cox, Chairman of the Virginia Delegation, was not present to share her experience with Council. R E S 0 L U T I 0 N B 0 N D S ITEM II-F.1 ITEM #17525 Mr. Robert Toolan, Chairman of the Board, Wainwright & Ramsey, gave a presentation to explain the NEGOTIATION PROCESS on the Bonds. Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution to authorize Bond Anticipation Notes for the purpose of retiring $21,500,000 Notes maturing on December 30, 1981, and to authorize the City Manager, in collaboration with Wainwright & Ramsey, Inc. to negotiate the transaction. This retirement of $21.5-Million represents $17.5-Million Public Improvement Bonds and $4-Million Road Notes maturing December 30, 1 981 - Voting 1 1 - 0 Council Members Voting Aye: John A. BaL#n, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 1 2- A RESOLUTION TO AUTHORIZE BOND ANTICIP@TION NOTES FOR THE PURPOSE OF RETIRING $21,500,000 NOTES MATURING ON DECEMBER 30, 1981, AND TO AUTHORIZE THE CITY MANAGER, IN COLLABORATION WITH WAINWRIGHT & RAMSEY, INC., TO NEGOTIATE THE TRANSACTION WHEREAS, $17,500,000 notes issued in anitcipation of the $17,500,000 public improvement bonds authorized by ordinance adopted on January 21, 1980, and $4,000,000 notes issued in anticipation of a like amount of th6 $22,900,000 road bonds authorized by ordinance adopted on August 27, 1980, and approved at an election on November 4, 1980 (such notes being referred to herein as the Maturing Notes), will mature on December 30, 1981; and WHEREAS, the City Council authorized the sale of bonds to provide funds to retire the Maturing Notes and, upon the advice of Wainwright & Ramsey, Inc., the City's financial consultant, rejected the bids received on December 10, 1981, as not being in the best interests of.the City; and WHEREAS, the City Council considers it desirable to refund the Maturing Notes by the issuance of new notes in anticipation of the sale of bonds at the earliest practical opportunity; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City is hereby authorized to borrow $21,500,000 and issue $17,500,000 pubiic improvement bond anticipation notes and $4,000,000 road bond anticipation notes (the New Notes) to retire the Maturing Notes on December 30, 1981. 2. After consideration of the current state of the municipal bond market and after consultation with representatives of Wainwright & Ramsey, Inc., it is hereby determined that it is in the best interests of the City to negotiate with one or more banking or investment banking firms for the sale and purchase of the New Notes. The City Manager is hereby authorized to negotiate with banking and investment banking firms for such purpose and to accept such proposal for the sale and purchase of 1 3- the New Notes as he, after consultation with Wainwright & Ramsey, Inc., may determine to be in the best interests of the City, provided that the term of the New Notes shall not exceed six (6) months and that the interest rate, if a fixed rate, shall not exceed fifteen percent (15%) per year and, if a fluctuating rate, shall not exceed seventy five percent (75%) of the prime rate of a bank to be designated by the City Manager. 3. The City Manager and the Clerk are hereby authorized to execute negotiable notes in accordance with the provisions of paragraph 2 of this resolution, the signature of the City Manager thereon to constitute conclusive evidence of his approval of the terms of such notes. The New Notes may contain such additional provisions not inconsistent with this resolution as the City Manager may determine. 4. If the New Notes are to be reoffered by the purchaser thereof for public distribution, the City Manager, in collaboration with Wainwright & Ramsey, Inc., shall provide for such modifications of the City's Official Statement dated December 4, 1981, in connection with the $65,000,000 bonds offered for sale on December 10, 1981, as he may consider appropriate for notes rather than bonds. 5. The New Notes shall be retired from the proceeds of the $17,500,000 public improvement bonds and $4,000,000 of the $22,900,000 road bonds heretofore authorized. The proceeds of such bonds shall be used for no other purpose until the New Notes have been retired or provision is made for their retirement. In addition, the full faith and credit of the City are hereby irrevocably pledged to the payment of principal of and interest on the New Notes. 6. The proceeds from the sale of the New Notes shall be held in a separate fund and used to retire the Maturing Notes on December 30, 1981, and for no other purpose. Adopted by the Council of the City of Virginia Beach, Virginia, on December 14, 1981 JDB/er/re 11/15/81 (RES) -14- R E S 0 L U T I 0 N 0 F A P P R E C I A T I 0 N ITEM II-F.2 ITEM #17526 The Mayor presented a Resol6tion of Appreciation to representatives of Moose Lodge No. 1998 in recognition of their volunteer service to the City through Pendleton Child Service Center. A copy was given to the Director of Pendleton, Mrs. Cheryl Johnson. Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley, City Council voted to ADOPT the Resolution of Appreciation and present same to representatives of Moose Lodge No. 1998. Voting: 11-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.. Standing Council Members Vo@ting Nay: None Council Members Absent: None 1 5- RESOLUTION OF APPRECIATION WHEREAS, The PendZeton Chitd Service Center serves both the Citiee of Virginia Beach and Cheeapeake to provide a comunity based treatment program directed to re-educate behaviorat-probzem children five to twelve years of age; WHEREAS, Virginia Beach Moose Lodge No. 1998, which is a fra- ternat order and performs many community services, sought to assist Pen- dLeton Center for a chizdren's project; and, WHEREAS, Since the beginning of this fiscat year, the Virginia Beach Moose Lodge has contributed more than one hundred twenty volunteer hours ptus their funds to physicatty improve the Pendteton Child Service Center. one project, azuminum siding in the shower areas which had rusted through, saved the City approximately $2,000 in Labor costs and more than $1,600 in materiats suppzied. other projects inczude azuninum siding on the storage shed; an azuminum skirt around the main buizding; donation of furnishings to estabzish a "famizy Ziving room", which has encouraged cooperative attitudes; and, two redecorated bedrooms, tihich are an incentive to improved behavior and weekzy assignments are awarded to recognize those who make the most progress. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Councit recognizes VIRGINIA BEACH MOOSE LODGE NO. 1998 for its contribu- tion of time, effort and funds to assist in providing a more home-Zike atmosphere at PendZeton and co?mnends with gratitude those members who have become a integraz part of the City's VoZunteer Service. BE IT FURTHER RESOLVED: That this ResoZution be framed and presented to Virginia Beach Moose Lodge No. 1998 with a copy to PendZe- ton Child Service Center and a copy incorporated into the proceedings of this FormaZ Session of City Council. Given under my hand and seaz this Fourteenth day of December, 1981, in the City of Virginia Beach, Virginia. J. Henry McCoy, Jr., D.D.S. @layor City of Virginia Beach 1 6- P U B L I C H E A R I N G ITEM II-G.1 ITEM #17527 Richard Mic.haux represented Crow, Terwilliger and Michaux, Inc. regarding the Fairfax County Redevelopment and Housing Authority making a determination whether it would be willing to assist Crow Terwilliger and Michaux, Inc., in financing the project to construct 344-apartments in the Chimney Hill Subdivision, (Kempsville Borough). There being no other speakers, the Mayor declared the Public Hearing closed. R E S 0 L U T I 0 N ITEM II-G-2 ITEM #17528 Upon motion by Vice Mayor Heischober, seconded by Coucilman Buchanan, City Council voted to ADOPT the Resolution requesting the Fairfax County Redevelopment and Housing Authority determine whether it would be willing to assist Crow, Terwilliger and Michaux, Inc., in financing the project to construct 344 apartments in the Chimney Hill Subdivision, (Kempsville Borough). Voting: - 11 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 1 7 - At a meeting of the Council of the City of Virginia Beach, Virginia, held in the Council Chambers, on the day of December, 1981, the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, Crow, Terwilliger and Michaux, Inc. a development corporation located at 218 North Lee Street, Alexandria, Virginia has indicated its willingness to construct and provide 344 rental apartments to be located on Holland Road in the Chimney Hill Subdivision in the City of Virginia Beach of which 20% will be utilized for rental to persons of low to moderate income; and WHEREAS, pursuant to the Virginia Housing Authorities Law, Chapter 1, Title 36, Code of Virginia of 1950, as amended (the "Act"), redevelopment and housing authorities may issue tax exempt obligations to provide the financing for low and moderate income housing projects such as the Project; and WHEREAS, although there is no redevelopment and housing authority created in the City of Virginia Beach, pursuant to Section 36-23 of the Act, a redevelopment and housing authority created in another jurisdiction is authorized to provide the financing for the project provided that the City Council first adopt, after a public hearing, a resolution finding that (a) there is a need for such an authority to exercise its powers in the City, (b) there is a shortage of safe or sanitary dwelling accommodations in the City available to persons of low income at rentals they can afford, and (c) these conditions can best be remedied through the exercise of such authority's power within the City; and WHEREAS, it appears that such conditions do exist in the City and that the Project will alleviate a shortage of housing in the City for persons of low income; and WHEREAS, the Fairfax@County Redevelopment and Housing Authority (the "Authority") will soon'issue tax exempt obligations in order to finance a low to modetate income housing project in Fairfax County and there are indidations that the Authority may be willing to issue additional obligations in connection with that financing in amounts sufficient to finance the Project referenced above in Virginia Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. A public hearing as required by Section 36-23 of the Code of Virginia was held in the City Council Chambers, Virginia Beach, Virginia, on December 14, 1981, at 2:00 p.m. and such public notice of such hearing was published in the Virginia Beach Sun, a newspaper published in the City of Virginia Beach, at least ten (10) days prior to the date of such meeting. 2. There is a shortage of safe and sanitary dwelling accommodations in the City of Virginia Beach, Virginia, available to persons of low income at rentals they can afford and these conditions can best be remedied through the exercise of the Fairfax City Redevelopment and Housing Authority's powers within the territorial boundaries of the City of Virginia Beach, Virginia, in the financing of the Project, provided that such exercise shall not have the effect of establishing a redevelopment and housing authority for the City of Virginia Beach. 3. The Fairfax County Redevelopment and HOUSing Authority is hereby requested to make a determination whether it w6uld be willing to assist in financing the above referenced Project proposed by Crow, Terwilliger and Michaux, Inc. Adopted by the Council of the City of Virginia Beach, Virginia, on December 14, 1981 DSH:sm 12/11/81 -2- APPROVER AS TO CONTENT (RES) @,ft SIGNATUR, DEPAR APJ?ROVED SIGN@ -1 9- C 0 N S E N T A G E N D A ITEM II-H.1 ITEM #17529 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the Commissioner of the Revenue for license refunds in the amount of $323.25. Voting I 1 -0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -20@ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICiiTION OF @ERTAIN PERSONS AND UPON CERTIFICATION OF THE CO@IMISSIOL@1,R OF THt REVENUE BE.:r.T ORDAINED BY TIIE COUNCIL OF THI-C CITY OF VIRGINIA BEACH I V RGINIA: That the following applications for license r6funds, upon certification of the Commissioner of the Revenue are hereby approved: . .... ......... LICENSE-. DATE NA-ME YEAR PAID BASE PENALTY INT. TOTAL Downsbrou4h, John A. 1981 10/29/81 129.50 129.50 Downsbrough, Johh A. 1981 10/29/81 193.75 193.75 Certifi.ed -,S to Payment: Approved as to form: ey The above abatement(s) totaling $ 323.25 wer-C approved by the council of the City of Virginia Beach on the 14 -day of Decem.ber 19 81 Au,-n @loages 6mith City Clerk - 21 - ITEM II-H.2 ITEM #17530 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the City Treasurer for tax refunds in the amount of $159-78. Voting : 1 1 - 0 Council Members Voting Aye: John A. BaLgn, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 2 2- to. C.-I. 12/8/81 EMC AN OIRDINA;QCE AU-: HORIZINC TAX REFUNDS UFIDN Al-PLICATIO,'q OF- C,-:.RTAIN F'-Ut@ONS A@ID UPON GER-rii:ICATIOI,4 OF THE TREASURER FOR PAY.AENT- 8E IT O,RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax reftinds upon certifl7catio.1 ol' thb Treasurer are hereby approved: NAME Tax Type Ticket Exoti ra- D ate Penalty [tit. Total e Y ear of Tax Numbe.- tion NO. Paid tricia A Margeson 81 RE(2/2) 86641-6 5/13/81 1.14 nry Gvialtney 81 pp 49962 6/5/81 10.80 nry G1/2.ialtney 81 pp 49963 6/5/81 35.10 nry Gwaltney 81 pp 49964 6/5/81 91.14 .iry Gv.,al 'L-.ney 81 pp 49965 6/5/81 10.80 rvin F Riddick 81 pp 101194 6/2/81 10.80 Total 159.78 This ellp!l sffecti,.,P- frcm d:,.te ct ado,-tion. The above E@--,,sment(s) totalinc., Cert $1 5 9. 78 were Pppvuved L)@, the CoL)ncil of the Cit,,- of Vir,,iinia Beach on !lie-14-day"of De6-ember john Apprc)ved as to foi-t-,i: Ruth Hodges Smith -,ity Clerk v 2 3- P L A N N I N G A G E N D A ITEM II-I.1 ITEM #17531 Attorney Grover C. Wright represented the applicant Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of C & W PROPERTIES, a Virginia General Partnership, for a Ch loning I Classification. Subject to the re o- s tr "S,i is!,ric the L;Ity Mana C'mmended co:g@Zioonf a tt itn @er's letter. Voting 1 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor liarold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 24- ORDINANCE UPON APPLICATION OF C & W PROPERTIES, Z01281617 A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZDNING DISTRICT CLASSIFICATION FROM A-1 APARTMENT DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of C & W Properties, a Virginia General Partnership, for a Chanqe of Zoninj District Classification from A-1 Apartment District to B-2 Community-Business District on cer- tain property located at the Northeast intersection of Comonwealth Drive and Commonwealth Place, running a distance of 228.35 feet along the East side of Commonwealth Place, running a distance of 70 feet more or less in an Easterly direction, running a distance of 170 feet more or less in a Southerly direction, running a distance of 90 feet more or less in a Southeasterly direction, running a distance of 81.66 feet in a Southwesterly direction, running a distance of 30.68 feet in a Southerly direction and running a distance of 203.34 feet along the North side of Commonwealth Drive. Said parcel contains 1 acre more or less. KEMPSVILLE BOROUGH. Approval is subject to the following provision in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. This Ordinance shall be effective from date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, 1981. 2 5- ITEM II-I.2 ITEM #17532 Rich ,ard Browner represented the applicant Robert Smith, represented Chesapeake Beach Civic League, and presented petitions in opposition, (copies of which have been made a part of these proceedings) Gee Faison stated his opposition Upon motion by Councilman Holland, seconded by Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the applicatioh of HAROLD YOUNG, BONNIE REID, AND VIVIAN YOUNG for a Ch:dn, of lonin, District Classification. Subject to the recommended co izio ns transmitted in the City Manager's letter. Voting : I 0 -1 Counc-il Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: W. H. Kitchin, III Council Members Absent: None 26- ORDINANCE UPON APPLICATION OF HAROLD YOUNG, Z01281618 BONNIE REID AND VIVIAN YOUNG FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESI- DENTIAL DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Harold Young, Bonnie Reid, and Vivian Young for a Change of Zoning Distritt Classification from R-6 Resi- dential Disfri-ct to A-2 Apartment District on certain property lo- cated on the West side of Pleasure House Road beginning at a point 300 feet North of Lake Bradford Lane, running a distance of 100 feet along the West side of Pleasure House Road, running a distance of 401.95 feet along the Northern property line, running a distance of 116.20 feet along the Western property line and running a distance of 435.59 feet along the Southern property line. Said parcel contains .95 acre. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with the Intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The developer shall provide an adequate drainage outfall system with all necessary downstream improvements and easements. An encroachment request must be approved by the City Council of Virginia Beach to install any drainage outfall into Lake Bradfor8. 4. Pleasure House Road must be improved to a 48-foot typical section face-to-face. These improvements shall include pavement widening and right-of-way improvements as needed. 5. The applicant has voluntarily agreed to construct condominjuns for sale. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourte6nth day of December, 1981. - 27- ITEM II-I-3 ITEM #17533 COUNCILMAN STANDING LEFT COUNCIL CHAMBERS Attorney Peter Agelasto represented the applicant Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of ELIZABETH T. OVERCASH, EXECUTRIX OF THE ESTATE OF ROBERT EASTON TOWNSEND, CARLOS F. AND ANNIE E. WILSON, AND LaSALLE AND HELEN WILSON for a Change of Zoni ng 'i strict Classification. Subject to the recommended conditions transmitted i, th, City Manager's letter; with the inclusion of the following to provision five (5): (4) A 25-foot buffer along the eastern property line is to remain R-6 Residential District, and the trees are to be retained in this area. The setback is to be calculated from the property line rather than the bU er. (5) A solid fence at least six feet high s to be provided a;eng within the eastern twenty-five feet (25') of the property line adjoining the resiue-ntial area. Voting: I 0 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 28- ORDINANCE UPON APPLICATION OF ELIZABETH T. Z01281619 OVERCASH, EXECURRIX OF THE ESTATE OF ROBERT EASTON TOWNSEND, CARLOS F. WILSON AND ANNIE E. WILSON LaSALLE AND HELEN WILSON FOR A CHANGE OF ZONIN6 DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Elizabeth T. Overcash, Executrix of the Estate of Robert Easton Townsend, Carlos F. Wilson and Annie E. Wilson, LaSalle Wilson and Helen Wilson for a Chahge of Zonin ric ss ifi- L)lstrict to B-2 L;ommunity ilt cation from R-6 Residential !BDs nesstDiCsatrict on certain property located at the Northeast corner of Witchduck Road and Jeanne Street, running a distance of 637.50 feet along the East side of Witchduck Road, running a distance of 187.50 feet along the Northern property line, running a distance of 556.25 feet along the Eastern property line, running a distance of 175 feet in a Westerly direction, running a distance of 50 feet in a Southerly direction and running a distance of 150 feet in a Westerly direction. Said parcel contains 3 acres more or less. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Pennsylvania Avenue, currently undeveloped, must be built or dlosed. 4. A 25-foot buffer along the eastern property line is to remain R-6 Residential District, and the trees are to be retained in this area. The setback is to be calculated from the property line rather than the buffer. 5. A solid fence at least six feet high is to be provided within the eastern twenty-five feet (251) of the property line adjoining the residential area. 6. Jeanne Street is not to be improved with development of this parcel. It is not necessary that Jeanne Street be developed with development of this property. However, since this is a City street in a rapidly-growing area, there may be a need to improve it in the future. This condition should not be understood as eliminating that possibility. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the FoUrteenth day of December, 1981. 2 9- ITEM II-I-8 ITEM #17534 THIS MATTER WAS BROUGHT FORWARD Attorney Peter Agelasto represented the applicant Upon motion by Councilman Holland, seconded by Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the petition of the Estate of Robert Easton Townsend, Deceased, and Elizabeth T. Overcash, Sole Surviging Executrix, for the closure of a portion of Pennsylvania Avenue, in the Virginia Beach Borough. Subject to the recommended conditions transmitted in the City Manager's letter, as follows: 1. The dedication of a 15-foot utility easement across the width of Pennsylvania Avenue centered over the existing sewer force main to the east side of Pennsylvania Avenue, where a 15-foot utility easement along the east side of Pennsylvania Avenue to Jeanne Street is required. 2. The written concurrence of all other property owners adjoining this closure. 3. The vacation of the existing lot lines for all adjoining properties in order to avoid the possibility of creating nonconforming lots, as well as insuring access to a public street. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 30 - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT OF EUCLID PLACE" DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 4, PAGE 62. WHEREAS, it appearing by affidavit that proper notice has been given by the Estate of Robert Ea8ton Townsend, Deceased, Elizabeth T. Overcash, Sole Surviving Executrix, that it would make application to the Council of the City of Virginia Beach, virginia, on to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: SEE ATTACHED AMENDED LEGAL DESCRIPTION. Said parcel of land being a portion of Pennsylvania Avenue as indicated on that certain plat entitled "Plat of Euclid Place", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 4, page 62, a copy of which plat is made a part hereof by reference. SECTION II This ordinance shall become effective 30 days after adoption. SECTION III A certified copy of this Ordinance and attached plat shall be recorded in the Clerk's office indexed under the name of the City of Virginia Beach as grantor. -0 CON@ENT 31 AMENDED LEGAL DESCRIPTION THAT PORTION of Pennsylvania Avenue between Block 1 an@- Block 2, as shown on that certain plat entitled "Pla@- oi-: Euclid Place" which plat is duly recorded :Ln the Clc--'-'s Office of the Circuit Court of the City of Virginia Beach, Virginia, and lying north of a line which if shown on =-a*--4- plat, would connect the northern property line of Lot 1-2, Block 1, with the northern property line of Lot 12, B'-----k 1, with the northern line of Lot 24, Block 2 and south o-' a line which is the westward extension of the northern =--o@=-ty line of Lot 1, Block 2 a@ shown on said plat recorded in Map Book'-4 at page 62, said property being more particularly described as follows: Beginning at a point which is the southeast corner of Lot 11, Block 1, Euclid Place, which point is in the western right of way line of Pennsylvania Avenue; thence running in a northerly direction along said westein right of-way line to a point which is the northeast corner of Lot 1, Block 1, Euclid Place; thence running in a w6s-lerly direction along the northern property line of Lot 1, Block 1, Euclid Place, to a point which is the northwest corner of Lot 1, Block 1, Euclid Place, at its interse---@ion with the eastern right of way line of Witchduck Road(said Witchduck Road being unnamed on the Plat of Euclid Place); thence in a northeasterly direction to a Point which is in the northern boundary line of said Plat; thence in a southeasterly direction along said horthern boundary li-ne to a point in the eastern right of way line of Pennsyl-Tania Avenue, which point is the northwest corner of Lot 1, Block 2, Euclid Place; thence in a southerly direction along said eastern right of way line to a point which 4.s the southwest corner of Lot 23, Block 2, Euclid Place; thence in a westerly direction to the point of beginning. Reference is hereby made to that certain plat entitled "Plat of Euclid Place" which plat is duly recorded in -@he Clerk's Office of the Citcuit Court of the City of Virgini-a Beach, Virginia, in Map Book 4, Page 62, for a more parti- cul.ar description. 32- ORDINANCE APPOINTING VIEWERS WHERE@S, Estate of Robert Easton Townsend, Deceased, Elizabeth T. Overcash, Sole Surviving Executrix, has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the day of 1981, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below- described property and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that cdrtain street of variable width, and has filed such application with said Council. NOW, THEREFORE, by it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT- C. Oral Lambert David M. Grochmal and Robert J. Scott are hereby appointed to view the below-described property and report in writing to the Council on or before whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located in the City of virginia Beach, Virginia, and more particularly described as follows: SEE ATTACHED AMENDED LEGAL DESCRIPTION. All the above as shown upon that certain plat entitled "Plat of Euclid Place", duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 4, page 62, a copy of which plat is attached hereto and made a part hereof. 33 - "C; L 1-@'SC T@@IPT PO"TIO" -,)f -vc@7,4 a @,.--,ue be@l,.'Cen Block I a--' B'-ock 2, as Isho@qn on tliat certa4li rlat -@nti@led "PlE,.t of E,-,clid Pl.acc" ,;h4-ch d,,,, reco@-do-,' in the Clerk's Office of the Circ,-,it Cour@, o@@ the City of Virginia Beach, Virginia, -r.@ ly;,@- orth of , line sho,.,.,- o,, sail Plat, i e i o r t.,i e L: r p r c,.-, c rn,2 o 'l- o B'@ock 1, @,7ith the no,@-'Iliern ,)r.-)z)erty lin@-. of L,)t 12,. Biock w!-th the. iiorthern line of Lot @4, Block and south o@@ a line which is the westward extension of the northern property line of Lot 1, Block 2 as shown an said plat recorded in Map Book'@4 at page 62, said proper.ty being more parti@ilarlv described as foliows: Begirini.,.ig at a poiiit which is the southeast corner of- Lot 11, Bloclc I., EliclI.id Place, which point is in the western r-i,ght of- @!ay I.irie of Pennsylvania Aveiiue; thonce running in a norttterly direction alorg said western riqht of-way line to a point which is the northeast corner ok Lot 1, Bl.ock 1, Eucl-'@d Place; thence running in a westerly direction alcii@g the northern proper-,y line of Lot 1, Dlock I., Euclid Place, to a point which is the northwest corner of Lot 1, Block 1, EiLicl,id Pla-ce, at its intersection with the eastern right of way line of Witchduck Road(said Witcliduck Road being unnamed on the Plat of Eucli.d Place); thence 4-n a northeas@-@erly dircctiori -la a po4-nt whic.1 is in the -t3or@l-liern bouridary li.no o4-' said Pla@.; tlience -*,n a soiith--asterly dircction alona sai@j iort'lc,-rn bounfiar,v 1-i.n(:-@ to a 13o'@nt in thc cas+--crn r4. ,glit of wav li,@io of Pf,-,rnsv*,.v@-.,r-,i-l pC in @t 4r, th(-, iiortliwc b,i,ocl, 2, P I tt!E-iir@e in a ,oiitl,'I--rl.v 3.ir(@cti-ori al--ng ca,',Ld eastern r-@ght of way line '-o a I)oint iqhich -*s tlie ccirner of I.ot 23, Block 2, riaclid Plac---, t@@iL-nce in a westerly direction to the point of boginning. P,e'-'eren--c is here).,y raade to that cej.-tain plat en'-itled .@'Plat of Euclid Plac(," which plat is duly t-ecordc-d in @'he Clerk's Office of the Circuit Court of the City of Virgi.nia Beach, Virg'@n2@a, in Map Book 4, Page 62, for a incre parti.- cull.ar description. ApplicabZe to item II.I.8.: Petition of the Estate of Robert Easton Townsend, Deceased, and Etizabeth T. Overcash, Sote Surviving Executri--, for the closure of a portion of Pennsylvania Avenue (Virginia Beach Borough). 34- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT OF EUCLID PLACE" DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 4, PAGE 62, A COPY OF WHICH PLAT IS ATTACHED HERETO. A M E N D E D P E T I T I 0 N THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, Estate of Robert Easton Townsend, Deceased, Elizabeth T. Overcash, Sole Surviving Executrix, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discon- tinuance of a portion of that certain street, which is more specifically described as follows: SEE ATTACHED AMENDED LEGAL DESCRIPTION. Said parcel of land being a portion of Pennsylvania Avenue, as indicated in that certain plat entitled, "Plat of Euclid Place", duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 4, page 62, a copy of which is attached hereto, and made a part hereof. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the petitioner prays that this Honorable Council appoint -Viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before th@ day of 1981, as to whether in the opinion of said Viewers, what 3 5- inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the li4- day of 1981, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner is fee simple owner of all land along and adjacent to and affected by said portion of the platted street to be closed with the exception of Lot 3 and part of Lot 4, Block 1, and Lot 8, Block 2, which lots are owned in fee simple by Carlos F. Wilson and Annie E. Wilson, and Lot 5 and part of Lot 4, Block 1, which lot is owned in fee simple by LaSalle Wilson and Helen Wilson, and subject to the Certificate filed by the City of Virginia Beach with respect to Lot 1, Block 1. Resppctfully submitted, ESTATE OF ROBERT EASTON TOWNSEND, DECEASED. ELIZABETH T. OVERCA SURVIVING EXECUTRIX ci Peter A. Agelasto, III JETT, AGELASTO, BERKLEY, FURR & PRICE 333 West Freemason Street Post Office Box 1039 Norfolk, Virginia 23501 -2- 3 E,- F @fES T i-LE 1, Petc-r A.@A @lasto TII EState of Robert Eas*@on To@,;nsend, Deceased, Elizabeth T. at',or,-iey for Overcash, Sole Surviving @@cullri,x Estate ol- Robert Eastoil Townse.-IC7, e.0 @@.reb.,Y, cert-Ify t:riat: Dec(-,.ised, Elizabeth T. Overcasl,, Sole 1. I ag @in attoriic- Il- -1 d' I v 5 (,;l Sui.-viving Executric y zit n -epr the pe4-itic)ner. 2. I;@ the property doscribed belo,../ is disco.,It;iiL!ed, closed by +,lie Council of the City of Beich, Virg-7ni;-,, tilen Litlf-- *Lo Said Estate of Robert Easton Town@end, Deceased, Elizabeth will ves- in oy'. , r r, I -1, h - S aLe .9-ur-v@r @iii-ri Y lind,--,iner-; 4n tile adjace;,i'L propei,ty o-cts.,nF.'r or holder c)- -Lh@, urd2rly@,.g ,ec iri said property. The said properLy refqrred to herein is hereb@, described as SE:-; ATTACTIED P,@'E-IIDED LEG,@L DESCRIP@-ION 1 2 /1 4 /.E 3 7- ITEM II-I.4 ITEM #17535 Gill Holt represented CE Associates (partnership) Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CE ASSOCIATES for Changesof Zoning District Classification. Subject to the recommended con l@tions transmitted in the ity Manager's letter. Voting: 10-0 Council Members Voting Aye: John A. Baum, E,. T. Buchanan, F. Reid Ervin, Vice Mayor Flarold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 3 8- ORDINANCE UPON APPLICATION OF CE ASSOCIATES ,ZD1281620 FOR A CHANGE OF ZDNING DISTRICT CLASSIFI- CATION FROM A-1 APARTMENT DISTRICT TO R-8 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CE Associates for a Chanqe of Zoning iDistrict ClAtsification from A-1 Apartment District to R-8 Resi- Dential Distr ct on certain property located 1230 feet more or less North of Virginia Beach Boulevard beginning at a point 305 feet East of Davis Street, running a distance of 440 feet along the Western property line, runr?ing a distance of 960 feet along the Northern property line, running a distance of 170 feet more or less in a Southwesterly direction, running a distance of 161 feet in a Northwesterly direction, running a distance of 720 feet more or less in a Southwesterly direction, running a distance of 349.48 feet in a Northwesterly direction, running a distance of 30 feet in a Northeasterly direction and running a distance of 349-98 feet in a Northwesterly direction. Said parcel contains 10.3 acres. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. A recreation plan for the area should be submitted showing a combined recreation area equalling 1.23 acres plus the amount of land equalling 485 square feet per dwelling unit. 4. Adequate access to the site shall be provided. 5. The developer shall provide adequate site drainage including all necessary downstream easements and improvements. 6. If the PAVAB lake is planned as the drainage outfall, a study must be performed to determine the effect of additional stormwater runoff. This Ordinance shall be effective from date of adop@tion. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, 1981. 3 9- ORDINANCE UPON APPLICATION OF CE ASSOCIATES Z01281621 FOR A CHANGE OF ZONING DISTRICT CLASSIFICA- TION FROM A-1 APARTMENT DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CE Associates for a Change of Zoning District Classification from A-1 Apartment District to -2 partment District on certain property located 515 feet more or less North of Virginia Beach Boulevard beginning at a point 700 feet more or less East of Davis Street, running a distance of 650 feet more or less along the Western property line, running a distance of 349.48 feet along the Northern property line, running a distance of 460 feet more or less along the Eastern property line, running a distance of 319.24 feet in a Southwesterly direction and running a distance of 91.48 feet in a Northwesterly direction. Said parcel contains 4.7 acres. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. A recreation plan for the area should be submitted showing a combined recreation area equaling 1.23 acres plus the amount of land equaling 485 square feet per dwelling unit. 4. Adequate access to the site shall be provided. 5. The developer shall provide adequate site drainage including 611 necessary downstream easements and improvements. 6. If the PAVAB lake is planned as the drainage outfall, a study must be performed to determine the effect of additional storm- water runoff. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, 1981. - 40 - ITEM II-I.5 ITEM #17536 Attorney Grovor C. Wright represented the applicant. Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Commissioh and APPROVE the application of CBN UNIVERSITY for a Conditional Use Per4mit. Subject to the recommended conditions transmitte in t e City Manager's letter.* Voting: 9-1 *It was noted that the acreage was computed as 43.153 acres NOT 23 acres. 41- Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S, and Meyera E. Oberndorf Council Members Voting Nay: Reba S. McClanan Council Members Absent: Patrick L. Standing 4 2- ORDINANCE UPON APPLICATION OF CBN R01281436 UNIVERSITY FOR A CONDITIONAL USE PERMIT FOR UNIVERSITY STLN)ENT HOUSING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of CBN University for a Conditional Use Permit for university student housing on certain property located on the East side of Centerville Turnpike beginning at a point 1600 feet North of Landfill Road, running a distance of 107.24 :Feet along the East side of Centerville Turnpike, running a distance of 480 feet in a Southeasterly direction, running a distance of 225 feet in a Northwesterly direction, running a distance of 733.59 feet in a Southeasterly direction, running a distance of 547.48 feet in a Northeasterly direction, running a distance of 100 feet in a Northwesterly direction, running a distance of 255 feet in a Northeasterly direction, running a distance of 746.37 feet in a Southeasterly direction, running a distance of 1076.98 feet in a Southwesterly direction and running a distance of 1760.68 feet in a Northwesterly direction. Said parcel contains 43.153 acres. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The developer is to provide adequate downstream drainage improvements and easements as necessary. 4. A 40-foot dedication along the frontage on Centerville Turnpike, 55-feet from the centerline of the existing 30-foot right-of-way to provide for an ultimate 100-foot right-of-way. 5. The developer is to install standard right-of-way improvements to existing Centerville Turnpike, including curb and gutter, sidewalk, pavement widening and drainage facilities. 6. The development is to be limited to 688 units as per site plan. The applicant will be required to provide to the ZE)ning Ackninistrator an affidavit at the beginning of each school year, certifying that the project is in compliance with the residency requirements set forth in the Comprehensive Zoning Ordinance for College and University Housing. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, 1981. 43- ITEM II-I-6 ITEM #17537 Attorney Grover Wrigbt, Jr., represented the applicant Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober, City Council voted to DFNY the application of CHRISTIAN BROADCASTING NETWORK for a Change of Zoning District Classification, as per the following: Ordinance'upon application of Christian Broadcasting Network for a Change o Dlstlo r?cin,toDis!rict Classificatio" from R-8 Residentia t T 2 Apartment District on certain property located on the East side of Centerville Turnpike beginning at a point 500 feet South of the intersectioh with West Centerville Turnpike, running a distance of 306-28 feet along the East side of Centerville Turnpike, running a distance of 1074.28 feet in a Southeasterly direction, running a distance of 386.92 feet in a Northeasterly direction, running a distance of 246.08 feet in a Southeasterly direction, running a distance of 634.57 feet in a Southwesterly direction, running a distance of 766.13 feet in a Southeasterly direction, running a distance of 1077.28 feet in a Northeasterly direction, running a distance of 2055.77 feet along the Northern property line, running a distance of 50 feet along the East side of Centerville Turnpike, running a distance of 371.38 feet in an Easterly direction, running a distace of 498.67 feet in a Southerly direction and running a distance of 262.09 feet in a Westerly direction. Said parcel contains 35.3 acres. KEMPSVILLE BOROUGH. V o t i n g 10-0 Council Members Voting Aye: (for denial) John A. Baun, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 44- ITEM II-I-7 ITEM #1 7538 Tommy Kyrus represented the applicant Upon motion by Coun@cilman Buchanan, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of GREEK ORTHODOX CHURCH OF VIRGINIA BEACH for a Conditional Use Permit. Subject to the recommended condi.tions transmitte in t e Cil manager's letter. Voting: 10-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing 4 5- ORDINANCE UPON APPLICATION OF GREEK ORTHODOX R01281437 CHLRCH OF VIRGINIA BEACH FOR A CONDITIGNAL USE PERMIT FOR A CHLRCH AND RELATED ACTIVITIES BE IT ORDAINED BY THE COLJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Greek Orthodox Church of Virginia Beach for a Conditional Use Permit for a church and related activities on certain property locate on the West side of First Colonial Road beginning at a point 300 feet more or less South of Laskin Road, running a distance of 154.16 feet along the West side of First Colonial Road, running a distance of 490 feet more or less along the Southern property line, running a distance of 261.90 feet along the Western property line, running a distance of 257.78 feet along the Northern property line, running a distance of 99.99 feet in a Southerly direction and running a distance of 231.83 feet in an Easterly direction. Said parcel contains 2.386 acres. LYNNHAVEN BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. Approval of a variance to the three-(3) acre minimun require- ment for churches from the Board of Zoning Appeals. 3. City water and sewer. 4. Parking at a ratio of one space per five (5) seats in the main auditorium. 5. Downstream drainage easements and improvements may be required. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, 1981. 46- 0 R D I N A N C E S ITEM II-J.I.a ITEM #17539 Upon motion by Councilman Ervin, seconded by Councilman Holland City Council voted to DEFER FOR ONE WEEK (December 21, 1981), the Or@inance to amend and reordain Section 21-396(a) p.ertaining to the deposit of coins in parking meters. Voting: 10-0 Council Members Voting Aye: (for d6ferral) John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. FL-nley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 47- ITEM II-J.l.b ITEM #17540 Mr. William Scarger stated his opposition Mr. Joseph Suraci stated his opposition Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City Council voted to DEFER the Ordinance to amend and reordain Section 11-9 of the Code of the City of Virginia Beach pertaining to rental charges for stalls at the Farmer's Market; AND, authorized the City Manager to make a study and report back to Council alternate methods. Vot ing: 1 0- 0 Council Members Voting Aye: (for deferral) John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Patrick L. Standing - 48- item II-J.l.c ITEM #17541 COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS COUNCILMAN BAUM LEFT COUNCIL CHAMBERS Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the City Manager and ADOPT ON FIRST READING the Ordinance to accept a grant totaling $20,200 from federal aid to public libraries and to appropriate these funds. Voting: 8-0 Council Members Voting Aye: E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum, Clarence A. Holland, M.D., and Patrick L. Standinc 4 9- AN ORDINANCE TO ACCEPT A GRANT TOTALING $20,200 FROM FEDERAL AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS WHEREAS, City Council is interested in enhancing the quality of service provided by our Public Libraries; and, WHEREAS, a Grant of $20,200 from Federal Aid to Public Libraries is available for this purpose. WHEREAS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,that funds from the above Grant be accepted and $20,200 be appropriated to the Department of Public Libraries for the FY 82 Operating Budget as follows: Personal Services & Fringe Benefits $ 6,829 Consultant's Fee 1 , 3 50 Circulation Desks (3) 12,021 Total Appropriation $20,200 Be it further ordained that Estimated Revenues from the Federal Government be increased by $20,200 to finance the appropriations; and, Be it further ordained that one personnel position is hereby authorized for the duration of the Grant, to be paid from the Grant, with the employee class to be determined by the City Manager. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of 1 981 . FIRST READING: December 14, 1981 SECOND READING: 50 - N E W B U S I N E S S ITEM II-M-1 ITEM #17542 Mr. Robert Engesser presented Council a copy of his grievences and his request for a tax moratorium. A D J 0 U R N M E N T ITEM II-N.1 ITEM #17543 Upon motion by Councilman Buchanan, City Council adjourned at 4:43 p.m. Diane M. Hickman, Deputy (;ity L;ierk RUth mo@ges Smith, City Clerk Henry Y, jrQ City of Virgini4 Beach, Virginia 1 4 December 1 981 dmh/let