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JULY 14, 1980 MINUTES CITY COUNCIL AGENDA Cit@ <Df NTir-wi@i@ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY M@COY JR., D.D.S., 8 .... gb VICE-MAYOR HAROLD HEISCHOSER, A, L.,g, JOHN A. BAUM, B .... gb F. REID ERVIN, A, L.,g, BARBARA M. HENLEY, P..g. B.-gb CLARENCE A. HOLLAIQD. M.D., S.y.id, B.@.gb W. R. KITCHIN, Ill, Vigi.i. B-cb B.-.gb REBA S. M@CLANAN, P,i.@,.@ A... B...gb DONALD W. MERRICK, L,-b.@- B.@.gh MEYERA E. OBERNOORF, A, L.,S, 212 CITY HALL BUILDING PATRICK L. STANDING, A, L.,g. MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456 ROTH HODGES SMITH, Cily Cl-li (804) 427-4303 JULY 14, 1980 ITEM I INFORMAL SESSION: 1:00 P.M. A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS: 1. DeveloD=nt lithority Annual Rer)ort 2. Mavgrls Committee gn @tratgqi2s - Report on Kempsville Road 3. - Discussion of item on formal agenda. 4. CZO Amendments and Subdivision ordinance Amendment Reaarding Setback Resluirements - Discussion of item on formal agenda. ITEM II FORMAL SESSSION: 2:00 p.m. A. INVOCATION: Father James R. Guttendorf Pastor Saint Matthews Catholic Church B. PLEDGE OF ALLEGIANCE C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of 7 July 1980 F. PROCLAMATIONS 1. Lotus Festival Week - July 20-27, 1980 2. Sentimental Journey to Virginia Beach - April 1-12, 1981 F. RESOLUTIONS 1. Resolution urging the Governor and the President to declare the Virginia Beach agricultural community a disaster. 2. Resolution authorizing the City Manager to execute an agree- ment with the City of Norfolk to accept Solid waste gener- ated in and transported by Norfolk to the City of Virginia Beach's Landfill. (Deferred one week on July 7, 1980.) G. 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 form listed. There will be no separate discussion of these items. If discussion is desired, that item will be removed fr-)m the Consent Agenda and considered separately. 1. Ordinance to amend and reordain Section 23-10.1 of the Code of the City of Virginia Beach relating to offenses - miscel- laneous. 2. Raffle Pe=its: Back Bay Wildfowl Guild, Inc. Raffle Fraternal order of Firefighters Raffle 3. Request of the City Treasurer for tax refunds in the amount of $48.60. 4. Ordinance, on second reading to appropriate $83,319 for salary ad@ustments for correctional officers and courtroom security personnel. H. PLANNING ITEMS 1. Application Of R. G. Moore Building Corporation for a change of zoning from R-5 rict to R-.8 esidential District on a 77.22 acre parcel; Al,'D, a change of @oning from R-5 e idential 1 trict - -9 Residential I trict on a 20.305 acre parcel located west of Salem Road, north of Recreation Drive (KemrSville Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Cominission for approval. 2. Application of Hermitage Townhouse ASsociates for a change of zoning from R-5 esidential District to R-9 e,3idential Dis- trict on a 11.949 acre parcel located on the east side of Providence Road, south of Princess Anne Road (Kempsville Borough). a. Letter from the City Manager transmitting the recommen,la- tion of the Planning Commission to allow WITHDRAWAL of this request. 3. Application of Louise R. Jernigan for a change of zonina from. R-5 esidential istrit to A-2 @.Darl-men@ Distri@-- on a two acre parcel located at the terminus of Downey Dtive (Kamr,,s- ville Borough). a. Letter from the City Manauer transmitting tbe recoii@,reri@a- tion of the Planning Commission for denial. 4. Application of Aragona-Garcia Enterprises - Princess Anne Plaza for a change of zoning from R-6 Residential D 4StriCt to R-9 Residential Townhouse Ict on a 14.642 acre par- cel of located on the east side of McKinley Avenue, north of Bancroft Road (Princess Anne Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission to allow WITHDRAIIAL of this request. 5. Application of Aragona-Garcia Enterprises - Princess Anne Plaza for a change of zoning from 0-1 Officce Di.stric-@ to B-2 communitv-Business a-.,trict on a 1.4 acre p-arcel located at the southeast corner of Holland Road and Stc,ne-shor- Roai (Princess Anne Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission to allow WITHDRAWAL of this request. H. PLANNING ITEMS (continued) 6. Application of Wiljamco Development Corporation for a change of zoning from R-5 ric to 0-1 Office "= trict on a 1.102 acre parcel located at the northeast inter- section of North Great Neck Road and Wolfsnare Road (Relo- cated) (Lynnhaven Borough). a. Letter from the City Manager transmitting the recommend- ation of the Planning Commission for denial. 7. Application of Richard C. Davis for a change of zoning from R-4 rict to B-2 CoMMnity-BllsinoA 1 t on a .31 acre parcel located on the north side of Wolfsnare Road, west of First Colonial Road (Lynnhaven Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for denial. 8. Application of Providence Presbyterian Church for a 2ondi- tional use permit for a church on a 3.009 acre parcel located at the southeast intersection of Providence Road and white- hurst Landing Road (Kempsville Borough). a. Letter from the City Manager transmitting the recommeda- tion of the Planning Commission for approval. 9. Application of H. Lambert and Shirley A. Myers for a condi-- tional use permit for a home occupation (mail order, christ- ian film rental library) on a one-acre parcel located on the east side of Wolfsnare Road, north of Winwood Drive (Lynn- haven Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for approval. 10. Aplication of Jerry Lee Davis, D. B. A. Aragona Auto Repair for a onditional s@e @mit for an utomotive @air estab- lishment on a .329 acre parcel located on the south side of 7orth Witchd@ck Rad, west of Jericho Road (Bayside Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Coimnission for approval. H. PLANNING ITEMS (continued) ii. Application of Cypress Properties, Ltd., T/A Econo Lodge for a conditional use @mit for a bic@cle al stand on a .29 acre parcel located at the southwest intersection oE Cypress Avenue and 20th Street (Virginia Beach Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Co=ission for apl)roval. 12. Application of Susan Blum for a conditional use @mit to operate a bic@cle rental on a .17 acre parcel located at the southeast corner of Atlantic Avenue and 20th Street (Virginia Beach Borough). a. Letter from the City Manager transmitting the recommenda- tion of the Planning Commission for approval. I. ORDINANCES 1. Planninq Ordinances a. The following Ordinances are @.-econmendod by the Plannina Cor.mission for approval: 1. Ordinance to arqend and reordain Article 4 of the CZO pertairiing t) ]welling units. 2. Ordinance to amend and reorda@-n Art4-cle 5 of the CZO pertaining to dwelling units. 3. Ordinance to a-mend and reordain Article 6 of the CZO pertaining to dwelling units. 4. Ordinance to amend and reordain Article 11 of the CZO pertaining to dwelling units. b. The following Ordinances are recommended by the Planning Commission for approval: 1. ordinance to amend and reordain Article 5 of the CZO pertaining to the R-8 Resi- dential District. 2. Ordinance to amend and reordain Section 4.4 of the Subdivision Ordinance re- lating to lots. ORDIIIANCES (continued) 1. Planninq (continued) C. Application of Patricia Lunger and Geneva Brown for the closure of a portion of Sand Pine Road (Lynnhaven Borough). a. Letter from the City ManAqer transmitting the recommendation of the Planning Commission for denial. The applicants request DEFERRAL until AUguSt 11, 1980. 2. Encroachments a. Application of Clark-Whitehill Enterprises for an en- croachment into a portion of the right-of-way of Stone- shore Road to erect and maintain a comirunity identifi- cation sign. 3. U s"t a. ordinance, on first reading, to appropriate $10,000 -o the Department of Parks and recreation for cost and increase estiriated revenu--s from recreation --lass fees by a like ani,-,unt. b. Ordinance to approdriate $96,439 for tle F@' 31 of the Virginia Beach '7isitor's Bureati and to establish positions tlierefor on first r@adir)@. c. Ordinance, on first reading, to avpropriate $25,'@00 @@or the purchase of ten voting machines. 4. Low Bids a. Low bid of A. & W. Contractors, Inc., in the amount oE $119,541.38, for the Bradford Terrace Sanitary Sewer Facilities; and, authorize the City Manager to enter into the necessary agreements to implement this project. b. Low bid of A & W Contractors, Inc., in the amount of $649,314.92, for the Virginia Beach Sanitary Sewerag- System and Water Line Contract; and, authorize the Citv .Manager to enter into the necessarv agreements tc imple- ment this project. J. OLD BUSINESS 1. Mr. E. Bradford Tazewell, Jr.: regarding City policy for City projects. 2. Plantation Restaurant K. NEW BUSINESS 1. Mr. G. D. Terry: regarding residence tax assessment 2. Mr. Richard T. Harris: regarding owl's Creek Tennis Center L. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 July 1980 One o'clock in the afternoon The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room, in the Administration Building, on Monday, 14 July 1980 at one o'clock in the afternoon. Council Members Present: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None ITEM #15340 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the Durpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. (Personnel Matters). 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 3. Consultation with legal council and briefing by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). 7 /1 48 - 2- Upon motion by Councilman Holland, seconded by Councilman Standing, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Nme Council Members Absent: None 7 1 4 So -3- M A T T E R S B Y C 0 U N C I L M E M B E R S ITEM #15341 Mayor McCoy appointed the following Committee to study the City Clerk's Office for possible employment of additional personnel salary adjustments, etc. Councilman Patrick L. Standing, Chairman Councilwoman Barbara M. Henley Councilman F. Reid Ervin ITEM #15342 Mayor McCoy appointed the following Committee to study the roll of the Planning Department with regards to making recommendations to City Council: Councilwoman Reba S. McClanan, Chairwoman Councilman John A. Baum Councilman W. H. Kitchin, III ITEM #15343 Councilwoman Henley advised Council of a letter regarding several proposals she had prepared for Council; however, due to the heavy Agenda, requested this matter be deferred until the INFORMAL BRIEFING SESSION 4 August 1980. Councilwoman Henley further advised Council that the Financial Disclosure Form will be completed for the 4 August 1980 INFORMAL BRIEFING SESSION. 7 /14 / 80 - 4- 1 N F 0 R M A L S E S S I 0 N City Manager Hanbury presented Council guidelines on mileage sheets and how to prepare the forms for reimbursement. ITEM #15344 City Manager Hanbury advised Council that the Trolleys have been in operation for twenty-four (24) days and have had thirty-two thousand (32,000) riders. ITEM #15345 City Manager Hanbury introduced Mr. Alfred W. Craft, Jr., Chairman of the Virginia Beach Development Authority to give the Authority's Annual Report. Mr. Craft introduced the following Authority Members: Richard H. Kline Vice Chairman and Treasurer George A. Woody, Jr. Secretary N. W. Morris Assistant Secretary Robert W. Berry, Jr. John W. Wilson Lawrence L. Joyner Mr. Craft advised Council that during 1979, the Virginia Beach Development Authority, working with the Industrial Development Division of the Department of Economic Development, has continued to attract foreign and domestic firms which means more new jobs and additional real estate taxes and other revenues for the City. The Virginia Beach Development Authority has also continued to retire more of the outstanding debt to the City. One of the major financial goals of the Development Authority was to begin to pay back on outstanding loans with the City of Virginia Beach. During 1979, the Development Authority repaid $250,000 to the City of Virginia Beach on its outstandin- loans. A copy of the Authority's report has been made a part of these proceedings. 7/14/80 5- ITEM #15346 Mayor McCoy presented the report on the Mayor's Committee on Strategies concerning Kempsville Road. Mayor McCoy advised Council of the "options" discussed by the Cormittee. 1. Drop other projects within the City in reference to Kempsville Road; 2. Road referendum, which would include all roads in Virginia Beach; 3. Increase the City's Bonding Authority; 4. Request City's Legislators to approach the Virginia State Highway Department in the City's behalf;, and, 5. Remain status quo. Mayor McCoy requested Council to study the above "options" for possible discussion at the 4 August 1980 INFORMAL BRIEFING SESSION. ITEM #15347 The PlanTiing Director presented a report on the Comprehensive Zoning Ordinance amendments regarding setback requirements. This matter wiil be on the FORMAL AGENDA for further discussion and vote. ITEM #15348 Mayor McCoy appointed the following to the Mayor's Committee on Aging: Douglas "Cassandra" Barnes Matthew Krakower Doctor Anthony Bruder City Council recessed into the EXECUTIVE SESSION (1:30 p.m.) for briefing prior to the FORMAL SESSION in the Council Chambers. 7/14/80 - 6- F 0 R M A L A G E N D A VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 July 1980 2:15 p.m. Council Members Present: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. @rrick, YEyera E. Oberndorf, and Patrick L. St-ding Council Members Absent: None INVOCATION: Reverend James R. Guttendorf, Saint Matthews Catholic Church. PLEDGE OF ALLEGIANCE ITEM #15349 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to APPROVE the minutes of the Regular Meeting of 7 July 1980. Voting: 11-0 7/14/E 0 7- Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Hollarid, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Me=ick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 7/14/E 0 -8- P R 0 C L A M A T I 0 N S (ITEM II-E.1) ITEM #15350 Mayor McCoy read the following PROCLAMATION and presented same to Mrs. Gaphred Evans, representing the Cape Henry Women's Club. P R 0 C L A M A T I 0 N WHEREAS, the Cape Henry Women's Club has successfully sponsored a Lotus Festival annually for the last 25 years with co-sponsorship by the Virginia Beach Department of Parks and Recreation for the third year; and, WHEREAS, the purpose of the festival is to increase awareness of the beauty of the native American Lotus, Nelumbo Lutea, to encourage its preservation, development and extended planting; and, WHEREAS, as an example of this promotional effort, the Cape HenryWomen's Club succeeded in having the American Lotus planted in Osaka, Japan, for Expo '70, where the Lotus continues to develop and enlarge; and, WHEREAS, this year, on July 23, a nature trail will be opened with trees, shrubs, wildflowers, and ferns having been identified by Mrs. Cecil Reed and marked by the Department of Parks and Recreation for easy identification. NOW, THEREFORE, I, J. Henry McCoy, Jr., Mayor of the City of Virginia Beach, Virginia, do hereby proclaim July 20 through 27 as: LOTUS FESTIVAL WEEK in Virginia Beach and urge all citizens to take a stroll through the nature trail and also attend the various functions planned during this festival week. J. Henry McCoy, Jr., D.15.S Mayor 7 / 1 48 0 9- (ITEM II-E.2) ITEM #15351 Mayor McCoy read the following Proclamation and presented same to Mr. Skip Hendrix: P R 0 C L A M A T I 0 N WHEREAS, Virginia Beach is homebase to no less than five military installations--Fort Story, Oceana Naval Air Station, Little Creek Amphibious Base, Fleet Combat Training Center-Dam Neck, and Camp Pendleton; and, WHEREAS, these installations represent a cross-section of military installations throughout America; and, WHEREAS, the American way of life is dependent not only on today's servicemen and women but the many thousands of veterans of past wars as well; and, WHEREAS, we, as dedicated Americans, believe that these servicepeople should be duly recognized and honored; and, WHEREAS, we believe that Virgiiiia Beach, which is so proud of its military communities and residents, should host such an undertaking; and, WHEREAS, a "Sentimental Journey" and appearances by Bob Hope, America's leading entertainer of the military, would seem a fitting tribute; NOW, THEREFORE, I, J. Henry McCoy, Jr., Mayor of the City of Virginia Beach, Virginia, do hereby designate April 1-12, 1981, as the time for a SENTIMENTAL JOURNEY TO VIRGINIA BEACH and I urge all servicepersons and all veterans throughout America to join us here and to share with us in an appropriate tribute prepared specifically to you by a group of concerned citizens, a group to be known henceforth as Sentimental Journey. j. nenry McCoy, Jr., D.D.S Mayor 7/14/80 -10- R E S 0 L U T I 0 N S (ITEM II-F.1) ITEM #15352 R E S 0 L U T I 0 N WHEREAS, weather conditions are seriously depressing yeilds of crops; and, WHEREAS, the cost of production of a pound of pork and a bushel of crops is greater than the value of the commodity i.n the marketplace; and, WHEREAS, credit to agricultural producers is extremely limited; and, WHEREAS, weather conditions have produced a drought affecting approximately 51,000 acres of corn, soybeans, and wheat; and, WHEREAS, the agricultural industry in the City of Virginia Beach faces financial disaster because of the stated conditions of depression in our City and State; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby requests the Governor of the Commonwealth of Virginia and the President of the United States to declare the City of Virginia Beach a disaster area for the agricultural industry; and, BE IT FURTHER RESOLVED that this declaration would allow for the provision of Physical-Loss Disaster Assistance, as well as Economic Dislocation Assistance available through the Small Business Administration. The Presidential declaration would provide Emergency Loans through Farmer's Home Administration, a rural credit agency of the United States Department of Agriculture. Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council voted to ADOPT the Resolution urging the Governor and the President to declare the Virginia Beach agricultural community a disaster area. Voting: 11-0 7il4/80 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 7 1 480 1 2- (ITEM II-F.2) ITEM #15353 Requested by: Department of Public Works The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building, on the Fourteenth day of July, 1980. On motion by Councilman Standing, seconded by Councilman Holland, the following Reso ution was a opted. R E S 0 L U T I 0 N WHEREAS, the City of Norfolk desires to dispose of solid waste generated by the City of Norfolk by transporting or having transported to and dumped such solid waste in the sanitary landfill by the City of Virginia Beach; and, WHEREAS, the City of Virginia Beach is willing to accept solid waste generated in and transported by Norfolk to the sanitary landfill designated by the City of Virginia Beach NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute the attached (Exhibit "A") contract with the City of Norfolk for the implementation of accepting solid waste generated in and transported by Norfolk to the sanitary landfill designated by the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. 7/14/80 -12- (ITEM II-F.2) ITEM #15353 E X H I B I T "A"- CITY OF VIRGINIA BEACH AGREEMENT FOR DISPOSAL OF CITY OF NORFOLK SOLID WASTE THIS AGREEMENT, made this First day of July, 1980, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the State of Virginia, hereinafter called "Virginia Beach," and the City of Norfolk, a municipal corporation of the State of Virginia, hereinafter called "Norfolk." W I T N E S S E T H: WHEREAS, the City of Norfolk desires to dispose of solid waste generated in the City of Norfolk by transporting or having transported to and dumped such solid waste in the sanitary landfill designated herein in the City of Virginia Beach; and, WHEREAS, the City of Virginia Beach is willing to accept solid waste generated in and transported by Norfolk to the sanitary landfill designated herein in the City of Virginia Beach. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the premises and the mutual agreements herein contained, Virginia Beach and Norfolk hereby agree as follows: ARTICLE 1 DEFINITIONS Hazardous Waste or Materials - Solid waste, which because of its quality concentration or physical, chemical or infestious characteristics may: a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitation reversible illness; or b) pose a substantial present or potential hazard to human health or the environment when treated, stored, transported or disposed or otherwise managed. Landfill - The disposal site located adjacent to and near Centerville Turnpike or other suitable disposal site in the City of Virginia Beach provided by the City of Virginia Beach. 7/14/80 -13- Refuse - Sanitary solid waste composed primarily of normal household garbage. Users - The following cetegories of users shall constitute authorized Norfolk users: a. City of Norfolk refuse vehicles. b. "Private haulers" which are defined as those firms whose primary business is that of solid waste removal and which are identified by means of a City of Norfolk special license prominently affixed to the vehicle. C. "Commercial users" which are defined as those firms whose primary business is not that of solid waste removal and whose vehicles are identified by means of a City of Norfolk special license prominently affixed to the vehicle. d. Residents of Norfolk when delivering material in either a personal automobile or a low sided pickup truck and which are identified by means of a City of Norfolk revenue sticker affixed to the windshield. ARTICLE 2 TERM OF AGREEMENT This Agreement shall become effective nineth (90) days from the date of execution by the Chief Executive Officers of the City of Virginia Beach and Norfolk, and shall continue from that date to December 31, 1984, or until the Southeastern Public Service Authority Resource Recovery Plant accepts all City of Norfolk refuse, whichever is earlier. This Agreement may be extended for a period not to exceed one year, provided that the Southeastern Public Service Authority Resource Recovery Plant will be able to accept all City of Norfolk refuse by the end of the proposed extension period. All disposal charges must be renegotiated for any extension period beyond December 31, 31, 1984. ARTICLE 3 OPERATING PROVISIONS 1. Types of Solid Waste - The City of Virginia Beach will accept all refuse delivered in City of Norfolk vehicles or residents' vehicles except dead animals and hazardous waste. Virginia Beach will also accept household refuse, waste generated by conmercial or industrial firms and refuse from manufacturing and assembly plants in Norfolk delivered by private haulers or commercial users. Demolition contracts waste, dead animals, hazardous waste, white goods, or rubber tires are deemed non-acceptable items when hauled by private haulers 7/14/80 -1 4- or connercial users. Private haulers and commercial users will not be allowed to deliver waste to the landfill comprised primarily of grass clippings and/or tree trimmings. @lorfolk will not knowingly deliver truck loads which consist primarily of fill material or other non-acceptable items in City of Norfolk vehicles. The City of Virginia Beach reserves the right to refuse to accept any material delivered to the landfill at variance with the above. In the event prohibited or items deemed to be non-accessable are dumped at the landfill by a user, Norfolk will be responsible for all charges and expenses incurred by Virginia Beach for separating and disposing of such materials and Virginia Beach reserves the right to ban such a user from the landfill. 2. Types of Vehicles - Solid Waste delivered to the landfill will only be accepted when delivered by a City of Norfolk refuse vehicle, by private and commercial haulers which have been licensed by the City of Norfolk to use the landfill and by citizens of Norfolk as defined in Article 1 of this Agreement. City of Norfolk vehicles, private haulers, and commercial users must have tare weights posted on each truck in large bold numbers, readable from the Virginia Beach landfill scale facility. The City of Norfolk shall provide a list to Virginia Beach designating the name or names of haulers and contractors authorized to use the landfill. 3. Landfill Hours of Operation - The landfill will be open to receive solid waste during the following hours. @day-Friday 7:00 A.M. - 4:30 P.M. Saturday 7:00 A.M. - 1:30 P.M. Washington's Birthday 7:00 A.M. - 12:00 Noon Mermrial Day 7:00 A.M. - 12:00 Noon Independence Day 7:00 A.M. - 12:00 Noon Labor Day 7:00 A.M. - 12:00 Noon Veteran's Day 7:00 A.M. - 12:00 Noon Thanksgiving Day CLOSED Chris=os Day CLOSED New Year's Day CLOSED The landfill will be closed on Sundays. Virginia Beach reserves the right to change the landfill hours and schedule of operations at anytime after providing adequate notice of at least ten (10) days to the Director of Public Works 7 / 1 480 -1 5- of the City of Norfolk. 4. Measurement of Solid Waste - The landfill site will be equipped by the City of Virginia Beach with vehicular scales. All vehicles entering the landfill site will be weighed, including the driver, before dumping. The difference between the loaded weight and tare weight plus 190 pounds (driver's estimated weight) will be accepted as the amount of material dumped at the landfill site. Virginia Beach or Norfolk reserves the right to require a vehicle to be weighed empty to verify the posted tare weight. In the event the scales at the landfill site are inaccurat2 or become inoperative, a minimum charge will be assessed based on average vehicular loads for each type vehicle to be agreed upon by Virginia Beach and Norfolk. Virginia Beach shall endeavor to maintain accurage scales at all times. Norfolk may elect and Virginia Beach agrees to allow Norfolk to maintain a representative at the scale house to verify the weighing of vehicles. The driver of each vehicle and a designated representative of Norfolk will be given or mailed a statement showing the date, time, vehicle identification (owner and license number) and amount of material dumped. 5. Insurance - All conmercial users of the landfill shall purchase and maintain such insurance as will protect them from claims set forth below which may arise out of or result from utilizing the landfill under the terms of the Agreement, whether such use be by themselves or by anyone directly employed by any of them, or by anyone for whose acts any of them may be liable. a. Claims under workmen's compensation, disability benefits and other similar employee benefit acts; b. Claims for damages because of bodily injury, occupational sickness or disease, or death of their employees, and claims insured by usual personal injury liability coverage; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than their employees, and claims insured by usual personal injury liability coverage; and, d. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 7 1 480 -16 The insurance required, as set forth above, shall name Virginia Beach and Norfolk as additional named insured. Said insurance shall be primary and not excess or contributory, with respect to any act or omission involving the activity at the landfill and shall afford, where applicable, bodily injury liability limits of not less than Five Hundred Thousand Dollars ($500,000) for each accident and One Hundred Thousand Dollars ($100,000) for damage, destruction and/or loss of use of property as 'a result of one accident. The City of Norfolk shall indemnify and hold harmless Virginia Beach, its officials, officers, agents, employees and representatives from and against all loss, liability and expense, including attorneys' fees caused by negligence or carelessness of City of Norfolk employees. Norfolk shall maintain an insurance program adequate to cover equipment and employees of Norfolk. 6. Conditions of Use - The City of Virginia Beach will make reasonable efforts to obtain necessary permits, but without any requirement to seek same through court action. Virginia Beach shall make every reasonable effort to provide and maintain adequate equipment, personnel, roads, and access ways at and to the landfill site and shall operate the landfill in accordance with the permit requirements. Vehicles entering upon the landfill under the agreement shall proceed promptly to and unload at the location designated by an employee or representative of The City of Virginia Beach at the landfill. In the event of breakdown of a vehicle the owner shall be promptly notified by the driver and/or landfill employee or representative and the owner shall be responsible for removing the disabled vehicle within twenty-four (24) hours. In the event the disabled vehicle is not removed within twenty-four (24) hours Virginia Beach may proceed to remove or have removed the disabled vehicle and the owner and/or the Cit of Norfolk will be responsible for and pay such removal charges and/or expenses incurred prior to release of said vehicle to the owner; and the City ofvirginia Beach will not be responsible or liable for any damage to said vehicle by reason of such removal. 7. Alternate Disposal Site - In the event the City Council of the City of Virginia Beach or the City Manager of the City of Virginia Beach determine that the landfill is or becomes unable to accept solid waste, an alternate disposal site under the control of Virginia Beach shall be designated by such Council or City Manager. In the event an alternate disposal site is selected, Norfolk shall not be obligated to pay any additional costs beyond the established per tonnage rate for disposal of solid waste. For the purpose of this paragraph the decision of Virginia Beach will be final and binding. 7/14/80 -1 7- 8. Jurisdiction - Virginia Beach shall have,and reserve the right to control operations at the landfill and to promulgate runes and regulatiosn necessary to the efficient, safe, and sanitary operation and preservation thereof. ARTICLE 4 INTERRUPTION OF SERVICE The following shall relieve the City of Virginia Beach of any obligation hereunder: a) natural disasters; b) war, riots or civic comotion; c) labor disputes or strikes; d) future require7 ments adopted by regulatory agencies prior to or subsequent to the date of execution of this Agreement; e) any other condition, rule, regulation, resolution, ordinance, or law adopted by a higher authority than Virginia Beach. The above provision in this Article shall apply only if it directly precludes continuation of the landfill. ARTICLE 5 DISPOSAL CHARGES 1. Fee Schedule - The CityofNorfolk shall pay to the City of Virginia Beach the sum of $5.20 per ton for solid waste up to 246,000 tons annually, dumped or disposed at the landfill through December 31, 1984. For all solid waste over 246,000 tons annually the City of Norfolk shall pay $10.40 per ton through December 31, 1984. In the event this Agreement is extended beyond December 31, 1984, as provided for in Article 2 the disposal charge will be renegotiated. The disposal charges shall be adjusted on July 1 of each year based on the percent increase since the prior July 1 in the Consumer Price Index for all Urban Wage Earners and Clerical Workers (revised CPI-W) published by the Bureau of Labor Statistics of the U. S. Department of Labor, beginning July 1, 1980. 2. Method of Payment - Invoice(s) will be submitted by Virginia Beach to the City of Norfolk by the tenth day of each month, for use made of the landfill under this Agreement during the preceeding month. The invoice will identify refuse haulers, weights, and charges. The City of Norfolk shall be liable and responsible for payment of all charges made by all users as identified in Article I of this Agreement. Payment shall be made promptly upon presentation of invoices. Payments not received by the fifth day of the second month following the mailing or presentation of the invoices to the City of Norfolk shall begin to accrue interest at the rate of 1.5% per month on the total unpaid balance due and payable, until paid. 7 / 1 4 / 80 3. The Agreement Year shall be the period beginning July 1 and ending June 30. The City of Norfolk shall pay to the City of Virginia Beach for the first year of this Agreement the minimum sum of Four Hundred Forty-Seven Thousandy, Seven Hundred Twenty Dollars ($447,720). In the event that the first Agreement Year is less than twelve months, the minimum sum shall be that portion of Four Hundred Forty-Seven Thousand, Seven Hundred Twenty Dollars ($447,720) that the number of months of the first Agreement Year bears to twelve months. The City of Norfolk shall include with payment of the amount due to the City of Virginia Beach during the last month of the Agreement Year such additional sum, if any, as is necessary to make the aggregate payments with respect to the Agreement Year equal to the minimum payment set forth herein and under the terms hereof. The minimum payment shall increase on July 1 of each Agreement year based on the percent increase since the prior July 1 in the Consumer Price Index for all Urban Wage Earners and Clerical Workers (revised CPI-W) published by the Bureau of Labor Statistics of the U. S. Department of Labor beginning July 1, 1980. The annual minimum payment as set forth in this Article shall be in addition to payments made under Article 6. In the event that the last Agreement Year is less than twelve months, the minimum sum shall be that proportion of the adjusted minimum sum, as calculated above, that the number of months in the last Agreement Year bears to twelve months. ARTICLE 6 LAND ACQUISITION, EQUIPMENT, AND IMPROVEMENT COSTS 1. The City of Virginia Beach shall acquire 85 acres at the Trashmore 2 site to be used for the disposal of Norfolk refuse under this Agreement. Norfolk shall pay Virginia Beach based on total actual cost. Payment of all k-nown costs will be made at least two business days prior to Virginia Beach closing on the land purchase. Additional costs not known prior to closing will be reimbursed upon request. Actual cost shall be that proportion of total cost that eighty- five acres bears to the total number of acres acquired at that time. Total cost shall include among other things, land costs, legal expenses, and other normal acquisition and administrative expenses. 2. Norfolk shall pay Virginia Beach for equipment based on Virginia Beach entering into a binding agreement for the purchase of the equipment. Norfolk will pay all acquisition costs, including but not limited to, equipment costs, legal expenses and other normal acquisition costs. Any site improvements shall 7 / 1 4 / 80 -19- be reimbursed to Virginia Beach upon request based on actual cost not to exceed $11,000. Equipment costs are estimated as follows: Estimated Equipment Model Price 3 Pans International 412 (llyd) $300,000 1 Compactor Caterpillar 826 195,000 1 Bulldozer Caterpillar D7F 100,00 1 Fairbanks Scale System 8801 Data Source Indicator with 3600 Data Page Printer 54,105- Total $649,105 3. The cost recovery payments as set forth by this Article shall be in addition to minimum payments and service charges as outlined and contained in Article 5. ARTICLE 7 REMEDIES OF DEFANT In the event that Norfolk shall default in the payment or payments due hereunder, when same shall become due and payable (or in the performance of any of its other obligations under this Agreement) and any such default shall continue for thirty (30) days after written notice thereof by Virginia Beach to the City of Norfolk, then and in such event, Virginia Beach, in addition to other remedies provided by law, shall have the right to declare this Agreement to be terminated. ARTICLE 8 TERMINATION This Agreement may be terminated by either party prior to the date set forth in Article 2 upon any one of the following conditions: 1. The provision of use on a permanent basis by the City of Norfolk of the SPSA resource recovery plant as proposed to be situated and located in Portsmouth, Virginia. 2. Mutual consent of the executive officers of the two parties at any time, subject to the conditions set forth in Article 9 herein. 7 1 4 / 80 - 20 - ARTICLE 9 COST REIMBURSEMENT If Virginia Beach does not obtain a State permit or operates the land in such a manner that the State permit is revoked or discontinues the landfill operation for any reasons allowed under this contract, then a share of the land costs and equipment costs shall be returned to Norfolk by Virginia Beach unless an alternate site is made available for the duration of the term remaining in this contract under the terms and provisions herein contained. The share shall be that proportion of land costs and equipment costs (exclusive of acquisition expenses such as loan acquisition fees and attorney's fees) that the number of months remaining under the Agreement bears to forty- eight months. ARTICLE 10 NOTICE Any person provided for herein shall be sufficient if delivered in person to the City Manager of the City of Norfolk or mailed by U. S. mail to him at the City of Norfolk, Virginia. The date of posting shall be deemed to be the date of giving of any notice if said notice is mailed. 7/14/80 - 21- CITY OF VIRGINIA BEACH Attest: City Manager City Clerk, City of Virginia Beach Attest: CITY OF NORFOLK City Clerk. City o Nor o City Manager Approved as to form and correctness: Assistant City Attorney, Norfolk City Attorney, City of Virginia Beach I hereby certify that the money required for this contract is in the City Treasury to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose. Account No. CP 02AO4-692 Amount 1,924,105.00 Director Finance-Norfolk Date Approved: Director of I Date 7/14/80 22 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to APPROVE the Resolution authorizing the City Manager to execute an Agreement with the City of Norfolk to accept solid waste generated in and transported by Norfolk to the,City of Virginia Beach's Landfill. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., Doiald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: None COUNCILMAN ERVIN VOICED A "VERBAL" AYE. 7/14/80 -22(a) - R E S 0 L U T I 0 N WHEREAS, a Public Hearing was conducted on June 18, 1980, in the City of Virginia Beach by representatives of the Comnonwealth of Virginia, Department of Highways and Transportation, after due and proper notice for the purpose of considering the proposed location of Princess Anne Road from Edwin Drive to Windsor Oaks Boulevard, State Project 0165-134-104, PE-101, in the City of Virginia Beach, at which hearing, aerial photographs, drawings, and other pertinent information were made available for public inspection in accordance with State requirements; and, WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said Public Hearing; and, WHEREAS, representatives of the City of Virginia Beach were present and participated in said Hearing; and, WHEREAS, the Council had previously requested the Virginia Department of Highways and Transportation on January 16, 1978 to program this project; and, WHEREAS, the City of Virginia Beach recommends that the project be designed along the corridor of Plan II as presented at the Hearing; and, WHEREAS, the Council considered all such matters. THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach hereby approves the location of the project along the corridor of Plan II as presented at the Public Hearing, and further that the Virginia Department of Highways and Transportation is hereby requested to proceed with the design of Princess Anne Road from Edwin Drive to Windsor Oaks Boulevard as presented at the aforementioned Public Helaring, with the provisions as stated above. Upon motion by Councilman Baum, seconded by Councilman Standing City Council voted to ADOPT the Resolution requesting the Virginia Department of Highways and Transportation to proceed with the-design of Princess Anne Roail from Edwin Drive to Windsor Oaks Boulevard. Voting: 11-0 7 1 4 / 80 -22 (b) - Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Fenry McCoy, Jr., Donald W. Fierrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 07/1 4/80 -23- C 0 N S E N T A G E N D A ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILT BE ENACTED BY ONE MOTION IN THE FORM LISTED. (ITEM II-G.1 ITEM #15354 Requested by: Chief of Police AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-10.1 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO OFFENSES - MISCELLANEOUS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-10.1 be amended and reordained as follows: Section 23-10.1 Barred or locked premises upon which food or drink served - prohibited. It shall be unlawful for any person to operate any club, restaurant, place of amusement, dance hall or similar aetivity establishment oven to the Dublic in the City where beverages (including alcoholic, but not limited thereto), or food is served, dispensed or otherwise made available to the occupants behind barred or locked doors and on premises made inaccessible for proper health, safety and fire inspections at all times during its operating hours. 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 July, 1980. 07/1 4/80 - 24 - Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and the Chief of Police and APPROVE the Ordinance to amend and reordain Section 23-10.1 of the Code of the City of Virginia Beach relating to Offenses - Miscellaneous. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. Merrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None COUNCILMAN BAUM VOICED A "VERBAL" AYE. 07/1 4/80 - 25- (ITEM II-G.2) ITEM #15355 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and the Polite Department and APPROVE the following Bingo/Raffle Permits: Back Bay Wildfowl Guild, Inc. Raffle Fraternal Order of Firefighters Raffle Virginia Beach Jaycees Bingo Big Brothers/Big Sisters of Tidewater Bingo/Raffle voting: 11-0 Council Members Voting Aye: Jo@ A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. LMerrick, @yera E. Oberndorf, and Patrick L. Standirg Council Members Voting Nay: None Council Members Absent: None COUNCILMAN BAUM VOICED A "VERBAL" AYE. 07/1 4/80 - 96- (ITEM II-G.3) ITEM #15356 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the request of th6 City Treasurer and APPROVE the tax refunds in the amount of $48.60. Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None COUNCILMAN BAUM VOICED A "VERBAL" AYE. 07/1 4/80 - 27- (ITEM II-G.4) ITEM #15357 AN ORDINANCE TO APPROPRIATE FUNDS OF $83,319 FOR SALARY ADJUSTMENTS FOR CORRECTIONAL OFFICERS AND COURTROOM SECURITY PERSONNEL WHEREAS, the State Compensation Board under the direction of the State legislature has increased salaries for Correctional Officers and Courtroom Security personnel effective July 1, 1980; and, WHEREAS, this action requires a budget adjustment of $83,319 in various salary accounts of the Sheriff's budget; and, WHEREAS, the State will fund $73,000 of the total amount based on the positions approved by the State Compensation Board and the City will fund $10,319 based on the six positions funded from the FY 1981 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds of $83,319 be appropriated for increased salaries of Correctional Officers and Courtroom Security personnel in the Sheriff's budget. BE IT FURTHER ORDAINED that the appropriations will be financed by an increase of $73,000 in estimated revenue from the Commonwealth and $10,319 from the City's General Fund Balance. This Ordinance shall be effective from date of adoption. FIRST READING: -7 July 1980 SECOND READING: 14 July 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to APPROVE ON SECOND READING the Ordinance to appropriatb funds of $83,319 for Salary Adjustments for Correctional Officers and Courtroom Security Personnel. Voting: 11-0 07/1 4/80 - 28- Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice Yayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. @ McCoy, Jr., Donald W. @rrick, Ityera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None COUNCILMAN BAUM VOICED A "VERBAL" AYE. 07/1 4/80 2 9 - P L A N N I N G A G E N D A (ITEM II-H.1) Attorney Crover C. Wright, Jr., appeared in behalf of the applicant. Mr. Timothy Barrow, Planner, appeared in behalf of the applicant. Mrs. Helen Paul, representing the Salem Civic League, appeared regarding this matter. Councilman Merrick maae a motion, seconded by Councilman Batim, to uphold the recommendation of the Plann4@ng Cornmission and APPROVE the apdlication of R. G. MOORE BUILDING CORPORATTON for a Chan@e of Zoning District- Classif4-cation, as per the following; subject to DELETION of the following recommendations (3/4/6/7): 1 3. THE DEVELOPER IS TO CONSTRUCT AN ADEQUATE CANAL AND DEDICATE AN APPROPRIATE DRAINAGE EASEMENT FOR CANAL #3 IN ACCORDANCE WITH THE CURRENT MASTER DRAINAGE STUUY. 4. CONSTRUCTTON PLANS PREVIOUSLY APPROVED FOR THIS SITE ARE TO BE REVISED TO REFLECT ANY CHANGES IN DRAINAGE OR TRAFFIC GFNERATION CREATED BY THIS REZONING AND SUB@MITTED FOR APPROVAL. 6. LEFT-TTIRN AND BY-PASS LANES ARE TO BE CONSTRIJCTED AT THE ENTRANCE TO THIS SITE. 7. THE DEVELOPER SHALL BEAR THE COST OF THE INSTALLATTON OF A THREE-Pl4ASE TAAFPFIC SIGNAL ON SALEM ROAD AT THE ENTRANCE TO THIS DEVELOPMENT. AND, to adopt the eight(8) conditions stated by Councilman Merrick: 1. Dedication of right-of-way 45 feet from the centerline of the existing 30-foot right-of-way along the 1,325.46-foot more or less front,ge o, Salem Road. Dedication of right-of-way as shown on the plans filed in the City Engineer's Office. 2. A ded4-cation of Ferrell Parkway adjacent to Property under discussion. A reservation of the Property for an interchan@e at Salem Road as set forth on the submitted Plans. This reservation to be acquired by the City when right-of-way -'Is needed. 7/14/80 - 3 0 - 3. Standard improvements as required by the Subdivision Ordinance. 4. City water and sewer. 5. kdequate access to an existing pub 1 4c right- of-way is to be provided. 6. The applicant has voluntarily agreed, and will record legal documentation 4@n the Office of the Clerk of the Circuit Court, that this development will not exceed a density greater than permitted by the present zoning restrictions. 7. The applicant has proferred and agreed and will record the proper legal documents, in the Office of the Clerk of the Circuit Court that this density will not exceed 315 units. This will consist of (57 duy)lexes), 114 family units; and, 201 single-family units, not to exceed the present zon,*@ng restrictions. S. Only those 25 acres nearest Salem Roaa will be zoned R-8 District. Councilwoman Oberndorf offered a SUBSTITUTE MOTION, seconded by Councilwoman Henley, to DELAY FOR THREE WEEKS (11 August 1980) the application of R. G. MOORE BUILDING CORPORATION for a Change of Zoning District Classification. Vot ing 3 - 8 Council Members Voting Aye: (for substitiite motion) Barbara M. Henley, Reba S. McClanan, and @4eyera E. Oberndorf Council Members Voting Nay: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, W. H. Kitchin III, Mayor J. Henry McCoy, Jr., Donald H. Merrick, and Patrick L. Standing Council Members Absent: None 7 /1 48 0 3 1 - THE RECORDED VOTE ON THE MAIN MOTION IS AS FOLLOWS: Vot4lng: 8-2 Council Members Voting Aye: (for main motion) John A. Baum, F. Reid Ervin, V,@@ce Ilayor Harold Heischober, Clarence A. Holland, W. Ti. Kitchin III, Mayor J. Henry liccoy, Jr., Donald W. Merrick, and Patrick L. Stand 4nz Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absta,.ning: Reba S. McClanan Council Members Absent: None 7 /1 4 /8 0 3 2- AN ORDINANCE UPON APPLICATION OF Z0780518 R. G. MOORE BUILDING CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL DISTRICT TO R-8 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of R. G. Moore Building Corporatian for a e of -5 Resi- ict@ ist R!St =tclassification from R dentigi D@is ial District an certain pro- perty located 2562.84 feet West of Salein Road begirming at a point 1700 feet mre or less North of Recreation Drive, rliming a distance of 2827.91 feet along the Southern property line, ruming a distance of 295.82 feet in a Nort@sterly direction, n=ing a distance of 266.07 feet in a Westerly direction, ruming a distance of 305.13 feet in a Northeasterly direction, rLrming a distance of 517.42 feet in a Northwesterly direction, rurming a distance of 462 feet in an Easterly directim, n=ing a distance of 198.14 feet in a Northeasterly direction, ruming a distance of 231 feet in a Northerly directim, rl=ing a distance of 1291.55 feet along the Northern property line, rurming a distance of 1364.98 feet in a Southerly direction, running a distance of 735.28 feet in an Easterly direction, running a distance of 95.12 feet in a Northeasterly direction, running a distance of 150 feet in a Southeasterly direction, rLuming a distance of 110.97 feet in a Northeasterly direction, running a distance of 101 feet in a Southeasterly direction, running a distance of 48.11 feet in a Northeasterly directim, running a distance of 368.19 feet in an Easterly direction, running a distance of 302.07 feet in a Southerly direction, rL=ing a distance of 361.64 feet in a Westerly direction, and running a distance of 200.26 feet in a Southerly direction. Said parcel contains 77.22 acres. KEMPSVILTE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Dedication of right-of-way 45-feet from the centerline of the existing 30-foot right-of-way along the 1,325.46-foot more or less frontage on Salem Road. Dedication of right-of-way as shown on the plans as filed in the City Engineer's Office. 2. A dedication of Ferrell Parkway adjacent to property under discussion. A reservation of the property for an interchange at Salem Road as set forth on the submitted plans. This reservation to be acquired by the City when right-of-way is needed. 3. Standard improvements as required by the Subdivision Ordinance. 4. City water and sewer. 5. Adequate access to an existing public right- of-way is to be provided. 6. The applicant has voluntarily agreed, and will record legal documentation in the Office of the Clerk of the Circuit Court, that this development will not exceed a density greater than permitted by the present zoning restrictions. 7 / 1 48 0 - 33- 7. The applicant has proferred and agreed and will record the proper legal documents in the Office of the Clerk of the Circuit Court that this density will not exceed 315 units, this will consist of (57 duplexes), 114 family units, and 201 single-family units, not to exceed the present zoning restrictuiosn. 8. Only those 25 acres nearest Salem Road will be zoned R-8. This Ordinance shall be effective upon date of adoption Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. 7/14/60 - 34- (ITEM II-H.2) ITEM #15359 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant and requested WITHDRAWAL of the application. Mrs. Helen Paul appeared regarding this matter. Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to permit WITHDRAWAL of the application of HERMITAGE TO@HOUSE ASSOCIATES for a Change of Zoning District Classification, as per the follow-ing: Ordinance upon application of Hermitage Townhouse Association for a Change of tin Classification froin R-5 Resi- D, Is@ dentia -stract R@@Re tial'i:owr=use District on certain property located an the East side of Providence Road beginning at a point 337 feet iwre or less South of Princess Ame Road, rumiing a distance of 492.70 feet along the East side of Providence Road, rurming a distance of 904.16 feet al-g the Southe- proeprty line, running a distance of 682.76 feet along the Eastern property line and rurining a distance of 739.77 feet along the Northern property line. Said parcel contains 11.949 acres. =SVI= BOROUGH Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. @rrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None COUNCILMAN ERVIN VOICED A "VERBAL" AYE. 7 1 4 80 3 5- (ITEM II-H.3) ITEM #15360 Mr. J. Jernigan appeared in behalf of the applicant. The following appeared in opposition: Mr. Bill Turner, 516 Dow-ney Drive Mr. Bill Burns, adjacent property owner Mrs. Lynn Glasser, resident of Kempshire Townhouses Upon motion by Councilwoman Oberndorf, seconded by Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of LOUISE R. JERNIGAN for a Change of Zoning District Classification as per the following: C)rd@ce upon applicatim of Louise R. Jernigan for a of -g District Classification from R-5 Resi- 1 Di = jct t. A_ 2 Apartmnt i)istrict on certain property located on the West side of Downey Drive begirining at a point 460 feet South of Princess Anne Road, running a distance of 95 feet along the West side of Downey Drive, running along a cul-de-sac a distance of 232.40 feet, rurming a distance of 136.84 feet in an Easterly direction, running a distance of 273.09 feet along the Eastern property line, nzming a distance of 348.43 feet along the Southern pro- perty line, rl=ing a distance of 298.71 feet along the Western property line and rurming a distance of 123.37 feet in an Easterly direction. Said parcel contains 2 acres imre or less. KEMPSVI= BOROUGH. Voting: 11-0 Council Members Voting Aye: Tobn A. Baum, F. Reid Ervin, Vice Yjayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: 7/14/80 None - 36- (ITEM II-H.4) ITEM #15361 COUNCILMAI\l MERRICK LEFT CHAMBERS Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recotmendation of the Planning Co=ission and permit WITHDRAWAL of the application of ARAGONA- GARCIA ENTERPRISES - PRINCESS ANNE PLAZA for a Change of Zo@n District Classification, as per the following: An Ordinance upon application of Aragona-Garcia Enterprises - Princess Arme Plaza for a Change of Zoniiig District Classification from R-6 Residential Dis District on certain property located on the East side of ley Avenue beg@g at a point 130 feet North of 28th Street, rurming a distance of 500.03 feet along the East side of McKinley Avenue, rumiing a distance of 75 feet in an Easterlay directim, ruming a distance of 150.02 feet in a Northerly directim, rurming a distance of 75 feet in a @sterly direction, running a distance 600.03 feet along the East side of McKinley Avenue, running a distance of 238.12 feet in an Easterly direction, rurming a distance of 140 feet in a Northerly di-rection, running a distance of 100.24 feet in an Easterly dixection, running a distance of 396 feet in a Southerly direction, rurining a distnace of 586.88 feet in an Southeasterly direction, rurming a distance of 125 feet in a Southwesterly direction, running a distance of 105 feet in a Southeasterly direction, rurming a distance of 37.2 feet in a Southwesterly direction, rurming a distance of 201.55 feet in a Southerly direction, nming a distance of 539.80 feet in a Southwesterly direction and running a distance of 207.29 feet in a Westerly direction. Said parcel contains 14.642 acres. PRINCESS ANNE BORDUGH. Voting: 10-0 Council Members Voting Aye: (for withdrawal) John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 07/14/80 3 7- (ITEM II-H.5) ITEM #15362 COUN'CILMAN MERRICK LEFT CHAMBERS Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Pla=ing Commission and permit WITHDRAWAL of,the application of ARAGONA- GARCIA ENTERPRISES - PRINCESS ANNE PLAZA for a Change of Zo@ District Classification, as per the following: Ordinance upon application of Aragona-Garcia Enterprises - Princess Ame Plaza for a Chanize of Zoning District Classification froin 0-1 Office5istrict to B- C@ity- Business D str t on certain property located at the Southeast corner of Holland Road a-nd Staneshore Road, running a distance of 362.13 feet along the East side of Holland Road, ruming a distance of 244.12 feet along the Southern property line, running a distance of 236.22 feet along the Eastern property line and rurming a distance of 175.25 feet alon_g the South side of Stoneshore Road. Said parcel contains 1.4 acres. PRINCESS MM BOROUGH. Voting: 10-0 Council Members Voting Aye: (for withdrawal) Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. 14errick 7 1 480 - 38- (ITEM II-H.6) ITEM #15363 COUNCILMAN MERRICK RETURNED TO CHAMBERS Attorney Mike H. Levinson appeared in behalf of the applicant. The following appeared in opposition Mr. Mark McDermott, President, Wellington Woods Civic League @Ir. Johy Seredynski, Point-O-Woods Civic League A. L. Balko, Great Neck Association and Civic League Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of WILJAMCO DEVELOPMENT CORPORATION for a Change of Zoning District Classification, as per the following: Ordinance upon application of Wiljan-c-o Development Corporation for a Chanpe of in O! istrict Classification frorn R-5 Resi- dentia Districtt @O r-ice District m Ee-rtain property located at the Northeast intersection of North Great Neck Road and Wolfsnare Road (Relocated), rl=ing a distance of 250 feet mre or less along the East side of North Great Neck Road, rurming a distance of 289.04 feet along the Northern property line, rurming a distance of 232.69 feet along the Eastern property line and g a distance of 124 feet mre or less along the North side of Wolfsnare Road (Relocated). Said parcel contains 1.102 acres. L -VEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J - Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None VICE MAYOR HEISCHOBER REPORTED HIS ERROR IN VOTING AND VOICED AYE TO THE CLERK. 7/14/80 - 39-. (ITEM II-H.7) ITEM #15364 Attorney Sam Houston appeared in behalf of the applicant. Mrs. Martha Clukey appeared in opposition Upon motion by Councilman Merrick, seconded by Councilman Baum, City Council voted to permit WITHDRAWAL of the application of RICHARD C. DAVIS for a Change of Zoning District Classification, as per the following: Ordinance upon application of Richard C. Davis for a Change of strict Classification from R-4 Residentia@D =t to B-2 Conmxiity-@iness District on certain property located on the North side of Wolfsnare Road begirming at a point 165 feet West of Fi.rst Colonial Road, ruming a distance of 75.36 feet along the North side of Wolfsnare Road, rurming a distance of 194.13 feet along the Western property line, rurming a distance of 65 feet along the Northern property line, ruming a distance of 100 feet in a Southerly direction, running a distance of 10 feet in an Easterly direction and running a distance of 90.78 feet in a Southerly direction. Said parcel contains .31 acre. L VEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. Merrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 7/14/80 - 40 - (ITEM II-H.8) ITEM #15365 COUNCILMAN HOLLAND LEFT CHAMBERS Mr. Carl A-nderson appeared in behalf of the applicant Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Conmission and APPROVE the application of PROVIDENCE PRESBYTERIAN CHURCH for a Conditional Use Permit, as per the following; subject to the conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF R0780326 PROVIDENCE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: ordinance upm application of Providence Presbyterian Church for a Conditional Use Permit for a church on certain property located at the Sout ast intersection of Providence Road and Whitehizst Landing Road, rlrming a distance of 412.65 feet along the East side of Miitehurst Landing Road, running a dis- tance of 295.20 feet along the North side of Old Providence Road, n=ing a distance of 304.33 feet along the Eastern property line and rum-iing a distance of 392.20 feet along the South side of Providence Road. Said parcel contains 3.009 acres. KEHPSVI= BOROUGH. Approval is subject to the following conditions 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. Parking is to be provided at a ratio of 1 space per 5 seats or bench seating spaces in the main auditorium. 4. A dedication of right-of-way 25 feet from the centerline of the old 40-foot right-of-way along the 412.65 foot frontage on Whitehurst Landing Road (a 5-foot dedication). 5. A variable dedication of right-of-way 25 feet from the centerline of the existing variable width right-of-way along the 295.20 foot frontage on Old Providence Road (a variable dedication), 71 4 6 0 - 40 - (ITEM II-H.8) ITEM #15365 COUNCILMAN HOLLAND LEFT CHAMBERS Mr. Carl Anderson appeared in behalf of the applicant Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of PROVIDENCE PRESBYTERIAN CHURCH for a Conditional Use Permit, as per the following; subject to the conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF R0780326 PROVIDENCE PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: C)rdinance upon application of Providence Presbyterian Church for a Conditional Use Permit for a church on certain property located at the Southe st intersection of Providence Road and Whitehurst Landing Road, nzming a distance of 412.65 feet along the East side of TAhitehurst Landing Road, running a dis- tance of 295.20 feet along the North side of Old Providence Road, running a distance of 304.33 feet along the Eastern property line and rurming a distance of 392.20 feet along the South side of Providence Road. Said parcel contains 3.009 acres. KEMPSV= BOROUGH. Approval is subject to the following conditions 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. Parking is to be provided at a ratio of 1 space per 5 seats or bench seating spaces in the main auditorium. 4. A dedication of right-of-way 25 feet from the centerline of the old 40-foot right-of-way along the 412.65 foot frontage on Whitehurst Landing Road (a 5-foot dedication). 5. A variable dedication of right-of-way 25 feet from the centerline of the existing variable width right-of-way along the 295.20 foot frontage on Old Providence Road (a variable dedication), 71 48 0 - 41 - 6. The provision of additional downstream drainage easements and improvements as necessary. 7. Right-of-way improvements will be necessary along both Whitehurst Landing Road and Old Providence Road; this includes pavement widening, curb and gutter,,side- walk and drainage facilities. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. Voting: 10-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. @rrick, Myera E. Oberndorf, Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland COUNCILMAN ERVIN VOICED A "VERBAL" AYE. 7/14/80 - 42- (ITEM II-H.9) ITEM #15366 COUNCILMAN HOLLAND RETURNED TO CHAMBERS Mr. H. Lambert Lyers appeared in behalf of his application. Mr. Lawrence Hansberry appeared in favor. The following appeared in opposition: Mrs. Alice Hanson, President, Laurel Manor Civic Civic League Attorney Buster O'Brien, representing Laurel Manor Mr. Robert Gumm Councilman Standing made a motion, seconded by Councilman Baum to uphold the recommendation of the Planning Commission and APPROVE the application of H. LAMBERT AND SHIRLEY A. MYERS for a Conditional Use Permit. Voting: 5-6 Council Members Voting Aye: (for approval) John A. Baum, Clarence A. Holland, Mayor J. Henry @Coy, Jr., @yera E. Oberndorf and Patrick L. St-ding Council Members Voting Nay: F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. bkclanan, Donald W. Merrick Council Members Absent: None Petitions in favor and opposed will be made a part of these proceedings. 7 / 1 4 / 3 0 42- ITEM #15366(a) Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober, City Council voted to DENY the application of H. LAMBERT AND SHIRLEY A. MYERS for a Conditional Use Permit, as per the following: Ordinance upon application of H. Lanbert and Shirley H. Myers for a Conditional Use Permit for a honie occupation (niai.1 order, Christian Fihn rental Library) on certain property located on the East side of Wolf@e Road begirming at a point 408.81 feet North of the intersection with W@d Drive, running a distance of 215.87 feet almg the East side of Wolfsnare Road, rum-dng a distance of 200 feet along the Northern property line, n=ing a distance of 215.87 feet along the Eastern property line and running a distance of 200 feet along the Southern property line. Said parcel contains 1 acre niore or less. LVEN BOROUGH. Voting: 7-4 Council Members Voting Aye: (for denial) F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III Reba S. @Clanan, Donald W. @rrick, and Meyera E. Oberndorf Council Members Voting Nay: John A. Baula, Clarence A. Holland, Mayor J. Henry McCoy, Jr., and Patrick L. Standing Council Members Absent: None 7/14/80 - 43- (ITEM II-H.10) ITEM #15367 Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to DEFER UNTIL 18 AUGUST 1980 the application of JERRY LEE DAVIS for a Conditional Use Permit, as per the following: C)rdinance upon application of Jerry Lee Davis, D.B.A Aragona Auto Repair for a Conditional Use Prmit for an autormtive repaix estab is t on certain property located an the South side of North Witchduck Road beginning at a point 175 feet West of Jericho Road, rumiing a dis- tance of 192.55 feet along the Western property line, running a distance of 71.28 feet along the Southern pro- perty line and a distance of 201.17 feet along the Eastern property line. Said parcel contains .329 acre. BAYSTDE BOROUGH. Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M, Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, MaYor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 7/14/c,'O - 44- (ITEM II-H.11) ITEM #15368 U@on motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the reco=endation of the Planning Commission and APPROVE the application of CYPRESS PROPERTIES, LTD., T/A ECONO LODGE for a Conditional Use Permit, as per the following; subject to the conditions out ined in the City Manager's letter: AN ORDINANCE UPON APPLICATION R0780327 OF CYPRESS PROPERTIES, LTD., T/A ECONO LODGE FOR A CONDITIONAL USE PERMIT FOR A BICYCLE STAND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA, BEACH, VIRGINIA, THAT: Ordinance upon application of Cypress Properties, Ltd., T/A Econo Lodge for a Conditional Use Permit for a bicycle rental stand on certain property located at the Sout @ st intersection of Cypress Avenue and 20th Street, rurming a distance of 105.48 feet along the West side of Cypress Avenue, rurming a distance of 123.63 feet along the Southe= property line, running a distance of 105.48 feet along the Weste= property line and running a distance of 123 feet along the Northern property line. Said parcel contains .29 acre. VIRGINIA BEACH BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Bicycle Rental Stands. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. Voting: 11-0 7 / 1 4 / 8 0 4 5- Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanm, @yor J. Henry McCoy, Jr., Donald W. Merrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 7 1 48 0 - 46- (ITEM II-H.12) ITEM #15369 Mr. Hans Geers appeared in behalf of the applicant. Upon motion by Councilman Standing, seconded by Councilwoman Oberndori, City Council voted to uphold the recommendation of the Planning Co=ission and APPROVE the application of SUSAN BLUM for a Conditional Use Permit, as per the following; subject to the conditions out ine in t e City Manager's letter: ORDINANCE UPON APPLICATION OF R0780328 SUSAN BLUM FOR A CONDITIONAL USE PERMIT FOR A BICYCLE RENTAL BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA, BEACH, VIRGINIA, THAT: Ordinance upon application of Susan Blijm for a Conditional Use Permit for a bicycle rental an certain property located on the Southeast corner of Atlantic Avenue and 20th Street an property of the Greenwood Hotel. Sand parcel contains .17 acre rwre or less. VI-RGINIA BEACH BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Compliance with Article 2, Section 225 of the Comprehensive Zoning Odinance pertaining to Bicycle Rental Establishments. 2. The existence of 21 or more dwelling or lodging units within the hotel/motel facility. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. Voting: 11-0 7/14/30 4 7- Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, MAyor J. Henry McCoy, Jr., Donald W. @=ick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 7 1 48 0 48- ITEM #15370 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAININ6 TO DWELLING UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 4, Section 401, Use Regulations, of the C.Z.O. is amended and reordained as follows: (c) Conditional uses and structures: Uses and structures hereinafter specified; subject to compliance with the provisions of Part C of Article 2 hereof: (7) Dwellings, 6Re single family detaehed@and duplex; @284 Twe-fam*ly-detaehed-dwel;4895. That Article 4, Section 411, Use Regulations, of the C.Z.O. is amended and reordained as follows: (a) Principal uses and structures. All of the principal uses and structures pemitted in the AG-1 AGricultural District shall be permitted in the AG-2 Agricultural District and in addition eme single family detaehed dwellings. (c) Conditional uses and structures. All of the conditional uses and structures permitted in the AG-1 Agricultural District (except single family dwellings) shall be permitted in the AG-2 Agricultural District; subject to compliance with the provisions of Part C of Article 2 hereof; provided further, that the uses and structures permitted thereunder, which are allowed as principal permitted uses and structures in this district, shall not require a conditional use permit. That Article 4, Section 412, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: (a) The minimum lot area shall be not less than one (1) acre. The minimum lot area for churches shall be three (3) acres. The minimum lot area for two-faffl@ly-detaehed-dweT;4ng duplexes shall be two (2) acres. Adopted by the Council of the City of Virginia Beach CO 14 day of July 1980. DEpwi,@E@NT TO FORM ,\@IZOVED AS SIGNATURE /C/ITY ATik3kO4@80 - 4 9- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DWELLING UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, Section 501, Use Regulations, of the C.Z.O. is amended and reordained as follows: 501. Use Regulations Within an R-1 Residential District, only the following uses and structures shall be permitted: (a) Principal uses and structures: (1) Dwellings, eRe single family deta6hed; That Article 5, Section 543, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coveraqe, of the C.Z.O. is amended and reordained as follows: (a) Lot area (1) For ane-fam4;y-detaehed a dwelling use, the minimum lot area shall be 10,000 square @eet. (b) Lot width (1) For eRe-fami;y-detaehed a dwelling use, the minimum lot width shall be eighty ( @0) feet. That Article 5, Section 553, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage, of the C.Z.O. is amended and reordained as follows: (a) Lot area (1) For eRe-faffl*;y-detaehed a dwelling use, the minimum lot area shall be 7,500 square feet. (b) Lot width (1) For eRe-faFR*;y-detaehed a dwelling use, the minimum lot width shall be seventy five ( 75 ) feet. That Article 5, Section 561, Use Regulations, of the C.Z.O. is amended and reordained as follows: 07/14/80 - 50- (b) Conditional uses and structures. Conditional uses and structures pemitted in the R-6 Residential District and in addition: (1) Dwellings, duplex twe-faFRi4y-detaehed-dwe444Rgs. (2) In connection with eme single family detaehed dwelling, garage apartments, provided, however, there shall be allowed only one (1) garage apartment per zoning lot. That Article 5, Section 563, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage, of the C.Z.O. is amended and reordained as follows: (a) Lot area (1) For oRe single family detaehed dwelling and twe-faffl44y- detaehe4-dwe;;4R9s- duplexes, the minimum lot area shall be 5,000 square feet. (b) Lot width (1) For oRe single family detaeked dwellings and twe-faffl4;y detaehed-dwe;;4R@s duplexes, the minimum lot width shall be fifty (50) feet. (c) Front yard. The minimum front yard setback shall be twenty (20) feet for eme single family dwellings and twe-faffl4ly detaehed-dwe44ings duplexes, and thirty (30) feet for a use other than a dwelling. (d) Side and rear yards. For eRe single family dwellings and twe fam*4y-detaehed-dwel4@Rgs duplexes, the minimum rear yard shall be ten (10) feet. One (1) ide yard minimum shall be ten (10) feet and other side yard minimum shall be five (5) feet. Mini- mum side and rear yards for uses other than a dwelling shall be fifteen (15) feet. In the case of a corner lot, the side yard adjacent to a street shall be increased ten (10) feet for all permitted uses. (e) Maximum lot coverage. The maximum lot coverage for BRe single family dwelling, two-fam4@y-4etaehed-dwe444ngs, duplexes, and uses other than a dwelling shall be not more tha n forty (40) percent. That Article 5, Section 564, Off-Street Parking Regulations, of the C.Z.O. is amended and reordained as follows: (a) Within the R-7 Residential District, parking for ene single family dwellings and twe-faFR@ly-detaehed-4we444mgs duplexes shall be at least one and one-half (11/2) spaces per Tw-elling unit. 07/14/80 - 51- That Article 5, Section 571, Use Regulations, of the C.Z.O. is amended and reordained as follows: 571. Use Regulations Within the R-8 Residential District, the following uses and structures shall be permitted: (a) Principal uses and structures: (2) Dwellings, semi-detached and twe-faFH4;y-detaEhed duplexes; (3) In connection with eme single family detached dwellings, garage apartments, provided, however, that there shall be allowed only one (1) garage apartment per zoning lot. That Article 5, Section 573, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage, of the C.Z.O. is amended and reordained as follows: (b) Lot width. (1) For E)ige single family detaehed dwellings and two-faFR4;y detaehed-dwell4R9s duplexes, the minimum lot width shall be seventy-five (75 feet. (c) Front yard. The minimum front yard setback shall be twenty (20) feet for one single family detaehed dwellings, semi-detached dwellings and two-faFR4@y-detaehed-dwel44mgs duplexes. The minimum front yard setback shall be thirty (30) feet for a use other than a dwelling. (d) Side and rear yards. For eme single family detaehed dwellings, semi-detached dwellings and two-faFR4;y-detaehed-dweli*Rgs duplexes, the minimum rear yard shall be ten (10) feet. The minimum side yard shall be eight (8) feet. Minimum side and rear yards for uses other than a dwelling shall be fifteen (15) feet. In the case of a corner lot, the side yard setback adjacent to a street shall be increased ten (10) feet for all permitted uses. That Article 5, Section 581, Use Regulations, of the C.Z.O. is amended and reordained as follows: 581. Use Regulations Within an R-9 Residential Townhouse District, only the following uses and structures shall be permitted: APPROMED AS TO CONTFNT (a) Principal uses and structures: (1) Dwellings, ese-faFR4;y attached; Adopted by the Council of the City of Virginia Beach, 14 day of July 1980. P .Z !TY - 52- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DWELLING UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 601, Use Regulations, of the C.Z.O. is amended and reordained as follows: 601. Use Regulations Within an A-1 Apartment District, only the following uses and structures shall be permitted: (a) Principal uses and structures: (2) Dwellings, detaehed single family, duplex, semi- detached and attached; That Article 6, Section 602, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, Height, and Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: Within an A-1 Apartment District, the following shall constitute the lot, yard, and open space requirements: (a) The minimum lot area for multiple family, single family, detaehed duplex and semi-detached dwellings and lodgin@ use (as a principal use) shall not be less than 10,000 square feet, provided, however, that the minimum lot area for each section of semi-detached dwellings shall be 5,000 square feet. No minimum lot area shall be required of any off-street parking facility located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking requirements of a per- mitted use; and provided further, that the minimum lot area for any use other than as hereinabove provided shall not be less than 40,000 square feet, provided, however, that the minimum lot area for churches shall be three (3) acres. (b) The minimum lot width for multiple family, detaehed duplex and semi-detached dwellings, and lodging use (as a principal use) shall not be less than one hundred (100) feet, provided, however, that the minimum lot width for each section of semi-detached dwellings shall be thirty-five (35) feet. No minimum lot width shall be required of any off-street parking facility, located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking @equirements of a permitted use; and provided further that the minimum lot width for any use other than as hereinabove provided shall not be less than 150 feet. 07/14/80 - 53- (c) The minimum yard requirements for multiple family, single family, detaehed duplex and semi-detached and lodging use shall be as follows: (1) Front yards shall have a minimum depth of fifteen (15) feet for multiple family, single family, detaehed duplex and semi-detached dwellings, lodging and off-street parking facility uses and a minimum depth of twenty (20) feet for uses other than the foregoing. Such front yards shall, except for necessary access walks and drives, be maintained in landscaping and shall not be used for parking. (2) Side and rear yards shall have the following minimum depths: (i) Each shall be ten (10) feet in the case of multiple family, single family, detaehed duplex and lodging use (as a principal use); (e) Maximum density rating for multiple family, single family, detaehed duplex, semi-detached, and attached dwellings shall be twelve (12) dwelling units per gross acre. A minimum of 725 square feet of permanent recreation space shall be provided for each dwelling unit. Lot coverage for eRe-faRi4;y attached dwellings on individual lots shall not exceed forty (40) percent. For all other dwellings, the maximum lot coverage shall not exceed thirty (30) percent. That Article 6, Section 605, Off-Street Parking Regulations, of the C.Z.O. is amended and reordained as follows: 605. Off-Street Parking Regulations Within an A-1 Apartment District, the following specified uses shall comply with the off-street parking requirements designated therefore: (a) Dwellings, eme-er-twe-fam44y except for multiple family: at least two (2) spaces per dwelling unit; That Article 6, Section 613, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, and Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: 613. Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, and Lot Coverage Regulations Within an A-2 Apartment District, the following shall constitute the lot, yard, and open space requirements: (a) The minimum lot area for multiple family, ,nle family, detaehed duplex and semi-detached dwellings and lodging us (as a principal use@shall not be less than 20,000 square feet, provided, however, that the minimum lot area for each section of semi-detached dwell- ings shall be 5,000 square feet. No minimum lot area shall be required of any off-street parking facility located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking requirements of a permitted use; and provided 07/14/80 54- further, that the minimum lot area for any use other than as hereinabove provided shall be less than 40,000 square feet, further provided that the minimum lot area for churches be three (3) acres. (b) The minimum lot width for multiple family, single family, detaehed, duplex, semi-detached dwellings, and lodging use as a principal use@shall not be less than one hundred (100) feet, provided, however, that the minimum lot width for each section of semi- detached dwellings shall be thirty-five (35) feet. No minimum lot width shall be required of any off-street parking facility, located on a zoning lot other than the zoning lot on which the principal use is situated, to meet parking requirements of a per- mitted use; and provided further that the minimum lot width for any use other than as hereinabove provided shall not be less than 150 feet. (c) The minimum yard requirements for multiple family, single family, detaehed duplex and semi-detached and lodging use shall be as follows: (1) Front yards shall have a minimum depth of ten (10) feet for multiple family, single family, detaehed duplex and semi-detached dwellings, lodging and off-street parking facility uses and a minimum depth of fifteen (15) feet for uses other than the foregoing. Such front yards shall, except for necessary access walks and drives, be maintained in land- scaping and shall not be used for parking. (2) Side and rear yards shall have the following minimum depths: (i) Each shall be ten (10) feet in the case of multiple family, detaehed duplex and lodging use (as a principal use); (e) Maximum density rating for multiple family, single family, detached duplex, semi-detached and attached dwellings shall be eighteen 18@dwelling units per acre. A minimum of 485 square feet of permanent recreational space shall be provided for each dwelling unit. Lot coverage for eme-faFR44y attached dwellings on individual lots shall not exceed forty (40) percent. For all other dwellings, the maximum lot coverage shall not exceed thirty (30) percent. That Article 5, Section 623, Maximum Density, Lot Coverage, Height Regulations and Required Recreation Space, of the C.Z.O. is amended and reordained as follows: 623. Maximum Density, Lot Coverage, Height Regulations and Required Recreation Space Maximum density rating for multiple family, single f@mily, detaehed, duplex, semi-detached and attached dwellings shall be twenty-four (24) dwelling units per acre. A minimum of 365 square feet of permanent recreational space shall be provided for each dwelling unit. Lot coverage for epe-fam*ly attached dwellings on individual lots shall not exceed forty (40) percent. For all other dwellings, the maximum lot coverage shall not exceed thirty (30) percent. No portion of any building or other structure located within an A-3 Apartment District shall exceed fort@-five (45) feet in height. 07/1 4/80 - 55- That Article 6, Section 633, Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, Height, and Lot Coverage Regulations, of the C.Z.O. is amended and reordained as follows: 633. Minimum Lot Area, Lot Width, Yard Spacing, Recreation Space, and Maximum Density, Height, and Lot Coverage Regulations (d) Maximum density rating for multiple fafnily, de*aehed duplex, semi-detached and attached dwellings shall be thirty-six 36@dwelling units per acre. A minimum of 240 square feet of permanent recreational space shall be provided for each dwelling unit. Lot coverage shall not exceed thirty (30) percent. No portion of any building or other structure located within an A-4 Apartment District shall exceed 120 feet in height. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of July 1980. Ai:PRO@'F;D AS TO CCHTDff 7 1 C'TY t,; 07/1 4/80 - 56- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 11 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DWELLING UNITS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 11, Section 1113, Housing Requirements, of the C.Z.O. is amended and reordained as follows: 1113. Housing Requirements In order to create a diversified, interesting and attractive complement to the city and provide visual satisfaction to the general public as well as to offer varying living opportunities to future residents, the following housing restrictions shall apply: (a) Dwellings, eme single family detashed. A variety of lot sizes and dwelling types is desirable. gme Single family detaehed dwellings shall comprise at least forty-five (45) percent of the housing units of the newly established Planned Develop- ment - Housing District (PD-H). Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of July 1980. APPRO@D AS TO CC14TEW 07/14/80 - 57- Upon motion by Councilman Ervin, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the Ordinances to amend and reordain Article 4, Article 5, Article 6, and Article 11 of the Comprehensive Zoning Ordinance pertaining to Dwelling Units. Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. mcclanan, @yor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None COUNCIL MEMBERS ERVIN, HENLEY, KITCHIN, @ICCLANAN AND OBERNDORF VOICED A "VERBAL" AYE. 07/1 4/80 - 58- (ITEM II-I.l.b.1/2) ITEM #15371 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO THE R-8 RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, R-8 Residential District, of the C.Z.O. is amended and reordained as follows: 570. Legislative Intent Greation-of-the-R-8-Residential-Distriet-is-im reeeg-Ritielq-ef-the-existeRee-ef-areas-Rew-de-- veloped-im-siRgle-family-dwelliRgS-aRd-dldpleXes ea-lets-with-Rarrew-freiitages. 571. Use Regulations Within the R-8 Residential District, the following uses and structures shall be permitted. (a) Principal uses and structures: (1) All of the principal uses and structures permitted in R-7 Residential District; (2) Dwellings, semi-detached and twe-faieily detaeked duplex; (3) In connection with ere-family-detaehed in e fa Iy dwellings, garage apartments, g!, that pr., ea,4.wever, there shall be allowed only one (1) garage apartment per zoning lot. (b) Accessory uses and structures. Accessory uses and structures permitted in the R-7 Residential District. (c) Conditional uses and structures. Conditional uses and structures permitted in the R-6 Residential District. 572. Applicable Requirements Generally Except as herein provided, all of the requirements applicable to the R-7 Residential District shall apply to the R-8 Residential District. 573. Minimum Lot Area, Lot Width, Yard Spacing, and Maximum Lot Coverage. (a) Lot area. The minimum lot area for all uses and structures in the R-8 Residential District shall be 10,000 square feet, provided, however, that the 07/14/80 - 59- minimum lot area for :ir,!,l:t!,amily dwellings and each section of s i@ dwellings s@all be 5,000 square feet and, provided, further, that the minimum lot area for churches shall be three (3) acres. (b) Lot width. (1) for ORe-family-detaekeEl single family dwellings the minimum lot width sha e forty-five (45) feet, and for two-tamily-detaekeE[-dweilimgs U exes, the minimum lot width shall be seventy-five (75) feet. (2) For a use other than a dwelling, the minimum lot width shall be one hundred (100) feet. (3) For each section of semi-detached dwellings, the minimum lot width shall be thirty-five (35) feet. (c) Front yard. The Minimum front yard setback shall be twenty (20) feet for eRe single family detaehed dwellings, semi-detached -dwe=ings, and twe-family detaeked-dwelliRgs duplexes. The minimum front yard setback shall e t irty (30) feet for a use other than a dwelling. (d) Side and rear yards. For aRe single family detaeked dwellings, semi-detached dwellings and twe-family detaehed-dwelliags duplexes, the minimum rear yard shall be ten (10) feet. T e minimum side yard shall be eight (8) feet. Minimum side and rear yards for uses other than a dwelling shall be fifteen (15) feet. In the case of corner lot, the side yard setback adjacent to a street shall be increased ten (10) feet for all permitted uses. Notwithstanding the above, there shall be no required side yard measur e yard lot line on one side 0f a single@e I provided that in such a case the follow ng requ rements shall apply: (1) The required side yard on the opposite side of the su ject dwelling @hall be at least ten (10) eet. (2) For the adacent lot, the required sid ard on the it s. op s e Zle 0r tie sub,iect i t line :hyaII be at lep,o.t ten (10) fee t. (3) The lot line from "hi,-h there is no :uildeiyard require- ments shall be so cZ:ignanted on tHe 5a vision @lat in accordance with 1- ti. 4.4 (1) ot the Subdivision Ordinance. (e) Yards adjacent to the Atlantic Ocean. Any yard adjacent to the Atlantic Ocean shall have a minimum setback of thirty (30) feet. (f) Maximum lot coverage. The maximum lot coverage for all uses in the R-8 Residential District shall be not more than forty (40) percent. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. 07/1 4/80 - 60- ANT ORDINANCE TO AMEND AND REORDAIN SECTION 4.4 OF THE SUBDIVISION ORDINANCE RELATING TO LOTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: That Section 4.4 of the Subdivision Ordinance is amended and reordained as follows: 4.4 Lots (i) Lot lines from which reduced required side ards may be measured shall, in any zoning @district which allows them, be designated on a duly recorded subdi,,isin 'I ,t by means ot tfte tollowin@onolte. "Redllced re red side Iine r ot -he appro@riate lot des gna-tion numb r@shall be placed in tfte blank. Each reduc e_uired side yard line sftaii have a ive (5) toot maintenance ent provi e a jacent to eT t f eas it or t e beney the adjoining property owner. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Cormission and APPROVE the Ordinances to amend and reordain Article 5 of the Comprehensive Zoning Ordinance pertaining to the R-8 Residential District; and, Section 4.4 of the Subdivision Ordinance pertaining to lots: Voting: 8-3 07/14/80 61 - Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold, Heischober, Clarence A. Holland, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., Donald W. @rrick, and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, and @yera E. Oberndorf Council Members Absent: None 07/1 4/80 - 62- (ITEM II-I.I.c) ITEM #15372 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS SAND PINE ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF SUBLDIVISION OF SECTION NO. 5, PART 2, LYNNUAVEN COLONY, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Patricia Lunger and Geneva Brown, that they would make application to the Council of the City of Virginia Beach, Virginia, on 1 1980, 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: Begirming at a point in the southern line of Cape Henry Drive distant 100 feet easterly from the dividing line between lots 40 and 41 as shown an tbat certain plat entitled "Subdivision of Section No. 5, Part 2, Lynnhaven Colony, L@ven Borough, Virginia Beach, Virginia." Scale 1" = 100 feet, June 1967 duly recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia, in Map Book 74 at Page 7, which said point is the begirming of a curve to the right having a radius of 10 feet and running along said curve an arc distance of 15.71 feet to a point which is the southern terminus of said curve; thence fuming South 16 Degrees 28 Minutes 09 Sec(ynds East, a distance of 60 feet to a point which mrks the begirming of a curve to the right having an arc distance of 62.83 feet to a point which is the vmstern terridnus of said curve; thence n=ing South 73 Degrees 31 @utes 51 Seconds West, a distance of 1.14 feet to a point which rwrks the beginning of a c@ to the left having a radius of 50, said point is also the sout@sternrnost co=er of that portior. of Sand Pine Road proposed to be closed, and ruming along said 07/14/80 - 63- c@ , in an easterly direction, an arc distance of 36.14 feet to a point of reverse curve; thence along a curve to the right having a radius of 50 feet an arc distance of 78.53 feet to a point mrking the southeasternmst corner of the said portion of Sand Pine Road proposed to be closed, thence running in a northerly direction along a c@ to the right of having a radius of 50 feet an arc distance of 36.14 feet to the northern terminus of said curve; thence rurming North 16 Degrees 28 Minutes 09 Seconds West a distance of 58.86 feet to a point which is the begirming of a c@ to the right having a radius of 10 feet and running along said curve an arc distance of 15.71 feet to the eastern terminus of said curve which lies in the southern line of Cape Henry Drive; thence running in a V&sterly direction along the southern line of Cape Henry Drive South 73 Degrees 31 Minutes 51 Seconds West a distance of 70 feet to the point of begiming. Said parcel of land being a portion of Sand Pine Road as indicated on that certain plat of property to be vacated along existing Sand Pine Road for Patricia Lunger and Geneva Brown. SECTION II This Order shall be in effect thirty (30) days after adoption. Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to DEFER UNTIL 11 AUGUST 1980 the Ordinance upon application of Patricia Lunger and Geneva Brown for the closure of a portion of Sand Pine Road, in the Lynnhaven Borough. Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. Merrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None 07/1 4/80 - 64- scaii2@,44 p4ri439 Council Members Absent: None VICE MAYOR HEISCHOBER VOICED A "VERBAL" AYE. (ITEM II-I.2.a) ITEM #15373 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Department of Public Works and APPROVE the application of Clark-Whitehill Enterprises for an encroachment into a portion of the right-of-way of Stoneshore Road to erect and maintain a community identification sign; subject to the conditions outlined in the City Manager's letter: Approval is subject to the following conditions: 1. The sign shall be erected and maintained in accordance with the Public Works Department's specifications as to size, alignment, and location. 2. This encroachment shall terminate upon notice by the City, and within thirtv (30) days after such notice is given, this encroachment shall be removed from the City right-of-way. Clark-Whitehill Enterprises shall bear all costs and expenses of such removal. 3. The City shall be held harmless for any claims resulting from the location or existence of this encroachment. 4. Authorization for this encroachment shall not be in effect until such time as Clark-Whitehill Enterprises executes an agreement with the City encompassing the afore-mentioned provisions. 07/14/80 65- Li 440 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heiscbober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Dmald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 07/1 4/80 66- 2, p@rli 441 ti 44 Requested by: Department of Public Works AN ORDINANCE GRANTINC A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF STONESHORE ROAD TO CLARK-WHITEHILL ENTERPRISES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Clark-Whitehill Enterprises is authorized to erect and maintain a temporary encroachment into a portion of the City right-of-way of Stoneshore Road. That the temporary encroachment herein authorized is for the purpose of erecting a community identification sign and that said encroachment shall be erected and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: Begiming at a point, said point being S 37 Degrees 45-feet and 49 inches East, 37.62 feet distant frorn a point at the intersection of the Northern R/W line of Stoneshore Poad and the western R/W line of Holland Road; thence South 33 degrees 11 feet and 19 inches East, 5.00 feet to a point; thence North 56 Degrees 48 feet 41 inches East, 15.00 feet to a point; thence North 33 Degrees 11 feet and 19 inches West, 5.00 feet to a point; thence South 56 Degrees 48 feet 41 inches West, 15.00 inches to the point of begiming. Said locatim further being 5.00 feet in width centered an the cmstruction centerline of Stoneshore Road, beginning South 55 Degrees 48 feet and 41 inches West, 63.00 feet from the centerline intersection of Holland Road and Stoneshore Road and running with the construction centerline of Stoneshore Road South 55 Degrees 48 feet 41 inches West, 15.00 feet. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of the Chark-Whitehill Enterprises and that within 30 days after such notice is given, said encroachment shall be removed from the City right-of-way of Stoneshore Road by the Clark-Whitehill Enterprises, and that the Clark-Whitehill Enterprises, shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that the Clark-Whitehill Enterprises shall indemnify and hold harmless the City of Virginia Beach, its agents and 07/14/80 6 7- employees from and against allclaims, damages, losses, and expenses including reasonable attorneys' fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this Ordinance shall not be in effect until such time that the Clark-Whitehill Enterprises executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of July, 1980. Approval is subject to the following conditions: 1. The sign shall be erected and maintained in accordance with the Public Works Department's specifications as to size, alignment, and location. 2. This encroachment shall terminate upon notice by the City, and within thirty (30) days after such notice is given, this encroachment shall be removed from the City right-of-way. Clark-Whitehill Enterprises shall bear all costs and expenses of such removal. 3. The City shall be held harmless for any claims resulting from the location or existence of this encroachment. 4. Authorization for this encroachment shall not be in effect until such time as Clark-Whitehill Enterprises executes an agreement with the City encompassing the afore-mentioned provisions. Certified to@b@ a,@tr,@e excerpt from the minutes of the City Co.ncil of tbe Ct 1,,y,of Viiginia Beach of July 14, 1980, adopted July 14, 1980 Diane M., Hi6kman, Deputy City Clerk 7z 34 O,( s.......... . ...... . ....... 7z ....... 07/1 4/80 -68- (ITEM II-I.3.a) ITEM #15374 AN ORDINANCE TO APPROPRIATE FUNDS OF $10,000 TO THE DEPARTMENT OF PARKS AND RECREATION FOR ADVERTISING COST AND AND INCREASE ESTIMATED REVENUES FROM RECREATION CLASS FEES BY A LIKE AMOUNT WHEREAS, in the future the Beacon will bill as advertisement all municipal schedules including class registration schedules for the Department of Parks and Recreation; and, WHEREAS, for FY 81 the Department of Parks and Recreation estimates the advertisement cost for class registration schedules to be $10,000; and, WHEREAS, the Department of Parks and Recreation is increasing recreation class fees in order to generate an additional $10,000 in revenue to offset this additional cost. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $10,000 be appropriated to the DeDartment of Parks and Recreation for advertising cost. BE IT FURTHER ORDAINED that estimated revenues from recreation class fees be increased by $10,000. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. FIRST READING: July 14, 1980 SECOND READING: Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to APPROVE ON FIRST READING the Ordinance to apropriate funds of $10,000 to the Department of Parks and Recreation for advertising cost and an increase estimated revenues from recreation class fees by a like amount. Voting: 11-0 07/1 4/80 - 69- Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 07/1 4/80 - 70 - (ITEM II-I.3.b) ITEM #15375 AN ORDINANCE TO APPROPRIAIE FUNDS FOR THE FY 81 OPERATION OF THE VIRGINIA BEACH VISITOR'S BUREAU INFORMATION CENTER AND TO ESTABLISH POSITIONS THEREFOR WHEREAS, the Virginia Beach Innkeepers Association and the Chamber of Commerce have agreed that the Tourist Information Center be operated by the City, and, WHEREAS, the operating expenses for the Tourist Information Center for FY 81 are: Personal Services $39,488 Fringe Benefits 5,910 Contractual Services 8,698 Other Charges 42,343 Total Tourist Information Center $96,439 WHEREAS, funding for the Tourist Information Center is available by transfer of $55,000 previously budgeted as a Contribution to the Chamber of Commerce and by reimbursement of $32,939 from the Virginia Beach Innkeepers Association and $8,500 from the sale of mailing labels. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $96,439 are hereby appropriated to the Department of Economic Development for the operation of the Tourist Information as stated including the establishment of three full-time personnel positions and 1 part-time position with classes of employees to be determined by the City Manager. BE IT FURTHER ORDAINED that this appropriation be financed by a transfer of $55,000 previously budgeted as a Contribution to the Chamber of Commerce and by an increase in Estimated Revenues of $41,439. This Ordinance shall be effective from July 1, 1980 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. FIRST READING: July 14, 1980 SECOND READING: 07/1 4/80 - 71 - Mr. Skip Hendrix, representing the Virginia Beach Innkeepers Association, appeared before Council regarding this matter. Upon motion by Councilman Ervin, seconded by Councilman Standing, City Council voted to APPROVE ON FIRST READING the Ordinance to appropriate funds for the FY 81 operation of the Virginia Beach Visitor's Bureau Information Center and to establish positions thereof. Voting; 11-0 Council Members Voting Aye: Jolm A. Balim, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. Merrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None CC)LINCILWWM MCCLXW VOICED A "VERBAL" AYE. 07/14/80 - 72- (ITEM II-I.3.c) ITEM #15376 Requested by: Chairman, Electoral Board AN ORDINANCE TO APPROPRIATE FUNDS OF $25,300 FOR THE PURCHASE OF TEN (10) VOTING MACHINES WHEREAS, Section 24.1-203 of the Code of the City of Virginia requires that one voting machine be provided for every seven hundred and fifty (750) registered voters in each precinct; and, WHEREAS, it is anticipated that the City of Virginia Beach will have 100,000 registered voters for the 1980 presidential election; and, WFEREAS, ten additional voting machines at a total purchase price of $25,300 are needed to accomodate the voters. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $25,300 be appropriated from the General Fund Balance to the Office of the General Registrar for the purpose of purchasing ten (10) voting machines. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. FIRST READING: July 14, 1980 SECOND READING: Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to APPR.OVE ON FIRST READING the Ordinance to appropriate funds of $25,300 for the purchase of ten (10) voting machines. Voting: 11-0 07/1 4/80 - 73- Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. latchin, III, Reba S. McCl@, Mayor J. Henry McCoy, Jr., Donald W. @rrick, Yieyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 07/1 4/80 - 74- (ITEM II-I.4.a) ITEM #15377 The following bids have been received for the Bradford Terrace Sanitary Sewer Facilities: A & W Contractors, Inc. $119,541.38 M. E. Wilkins, Inc. $123,881.70 Vico Construction,Corp. $126,447.90 F. B. Smith Contracting, Inc. $130,917.10 Utility Builders, Inc. $133,431.70 W. R. Hall, Jr., Contracting $134,773.00 Inner-View, Ltd. $134,991.00 Oliver Septic Tank & Swimming Pool Company, Inc. $147,278.56 Suburban Grading & Utilities $150,312.00 Carter-Bell Corporation $154,312.00 Basic Construction Company $155,968.00 Engineer's Estimate $174,143.00 Upon motion by Councilman Holland, seconded by Councilman Ervin, City Council voted to APPROVE the low bid of A & W Contractors, Inc., in the amount of $119,541.38, for the Bradford Terrace Sanitary Sewer Facilities; and, further authorized the City Manager to execute the necessary agreements to implement this project. Voting: 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Nom 07/1 4/80 - 75- (ITEM II-I.4.b) ITEM #15378 The following Bids have been received for the Virginia Beach Sanitary Sewerage System and Water Line Contract: A & W Contractors, Inc. $649,314.92 M. E. Wilkins, Inc. $709,689.00 Vico Construction Corp. $715,402.02 Suburban Grading & Utilities, Inc. $764,962.00 Floyd B. Smith Contracting, Inc. $818,001.40 Carter-Bell Corporation $874,404.00 A. Stuart Bolling Company, Inc.$906,544.00 A. Stanley Mundy & Company $914,433.80 Engineer's Estimate $886,094.00 Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to APPROVE the low bid of A & W Contractors, Inc., in the amount of $649,314.92, for the Virginia Beach Sanitary Sewerage System and Water Line Contract; and, further authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @r Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 07/1 4/80 76- (ITEM II-J.1) ITEM #15379 Councilman Holland sponsored E. Bradford Tazewell, Jr., who appeared bef6re Council regarding the City policy for selection of Architects and Engineers for City projects. (ITEM II-J.2) ITEM #15380 Councilman Ervin sponsored Mrs. Mary Kapetonakis, owner and operator of the Plantation Restaurant, who expressed concern ov&r the one- way streets on Atlantic Avenue, and requested Thirtieth Street be made a two-way street Councilman Merrick made a motion, seconded by Councilwoman McClanan, to make Thirtieth Street a two-way street. Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilman Standing, to refer the parking situation on Atlantic Avenue back to the City Manager for further study. Voting: 10-1 Council Members Voting Aye: (for substitute motion) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Donald W. @rrick Council Members Absent: None 07/1 4/80 - 77- A P P 0 1 N T M E N T S ITEM #15382 Mrs. Elizabeth McClane, Secretary of the Citizens Advisory Committee, appeared before Council to discuss the appointments to the Advisory Co=ittee. Mayor McCoy advised Mrs. McClane that appointments to the Citizens Advisory Committee will be made on 11 August 1980. ITEM #15383 Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City Council voted to APPOINT Mr. John M. Connell to the MINIMUM HOUSING BOARD OF APPEALS for a term of two (2) years, beginning July 1, 1980 and ending June 30, 1982. Voting: 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid E@, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 07/1 4/80 - 78- ITEM #15384 Mayor McCoy appointed the following to the MAYOR'S COMMITTEE ON AGING, for terms of three years, beginning July 1, 1980 and ending June 30, 1983: Mrs. Douglas "Cassandra" Barns Doctor Anthony Bruder Mr. Matthew A. Krakower - to fill the unexpired term of Fred L. Brecht (June 30, 1982) who resigned. Mayor McCoy REAPPOINTED the following to the YAYOR'S COMMITTEE ON AGING, for terms of three years, beginning July 1, 1980 and ending June 30, 1983: Mrs. J. R. (Helen) Anderson Mr. Everett R. Feldt Mr. Sam Houston Mr. Leo J. Marshall ITEM #15385 Mr. G. D. Terry appeared before Council concerning his real estate tax assessment on his condominimum. Council advised Mr. Terry "his only course of action was through the Courts". A D J 0 U R N M E N T ITEM #15386 Upon motion by Councilman Merrick, seconded by Councilman Standing, and by UNANIMOUS VOTE, the meeting adjourned. Diane M. Hickman, Deputy Gity Cierk Ruth Hodges Snlith, City Clerk Mayo@ H@cCo@r. City of Virginia Beach, Virginia 14 July 1980 h > m -4 m r 0 m z m mm r r m m m 0 m z ai G) a - < z > U) u n m m I 0 m r z r -1 ;u 0 -n F m m (n m z (n i z > -1 m > Ln u) rn I