MAY 19, 1980 MINUTES
CITY OF VIRGINIA BEICI
MUNICIF-AL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g, CLARENCE A. HOLLAND, M.D., B.y@id@ B.,..gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p..ill@ B.,..gb DONALD W. MERRICK, Ly@.b..@. B@,..gb
JOHN A. BAUM, BI.,k..,@, B.,..gb MEYERA E. OBERNDORF, A, L.,g@
F. REID ERVIN, A, L.,g@ 1. CURTIS PAYNE, A@@@ B .... gb
GEORGE R. FERRELL, A, L.,,@ ROGER L. RIGGS, Vigi@i. B@.,b B .... gb
BARBARA M. HENLEY, P,.g@ B.,.@gh RUTH HODGES SMITH, City Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: MONDAY, 19 MAY 198G - 1:00 p.m.
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORr4AL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Report from Co=nittee on Financial Disclosure
2. Report from City Attorney on "Our Own Community Press"
3. Report on Current Active Borrow Pits in the City
4. Application of John A. Maddox for Temporary Encroachment
into Right of Way of Atlantic Boulevard or Ocean Avenue:
Discussion.
5. Ordinance to Accept and Appropriate $76,394 from the De-
partment of Housing and Urban Development and to Transfer
Existing Appropriations Upon Receiving Approval from HUD:
Discussion of Item on Formal Agenda.
6. Access Problems Attributable to the Construction of Pineoak
Village Apartments through the Tbalia Garden Apartments:
Discussion.
ITEM II FORMAL SESSION: MONDAY, 19 MAY 1980 - 2:00 p.m.
A. INVOCATION - Reverend John Osburg, D.D.
Associate Pastor
Diamond Springs Christian Church
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 12 May 1980
E. PRESENTATIONS
1. Milanie Llorin, Youth Mayor of the Mayor's Youth Council
F. PROCLAMATIONS
1. Keep Virginia Beach Beautiful Week - May 17 through May 24, 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 from
the Consent Agenda and considered separately.
1. An ordinance to amend and reordain Section 22-155 of the Code
of the City of Virginia Beach relating to the manner of parking.
2. Request of the City Treasurer for tax refunds in the amount of
$342.50.
H. PLANNING ITEMS
1. DEFERRED ITEMS
a. Deferred for thirty days on April 21, 1980.
Application of Henry A. Shook for a variance to Section 4.4(b)
of the Subdivision ordinance which requires lot dimensions to
conform to the ComPrehensive Zoning Ordinance. He wishes to
subdivide a 1.18-acre site, located at the northwest inter-
section of Bay Colony Drive and Hill Road, into two lots.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
b. Deferred for ninety days on February 11, 1980, and for an
additional week on May 12, 1980.
Application of Sandbridge Road Enterprises for a conditional
use permit to construct 120 duplexes,
AND, a conditional use permit for a golf course on a 240-acre
parcel located oii the east side of Atwoodtown Road, east of
the intersection with Lotus Drive (Princess Anne Borough).
1. Letter from the City Manager transmits the recormnendation
of the Planning Commission for denial of the request for
the 120 duplexes
AND, approval of the request for a golf course.
C. Deferred for one week on May 12, 1980.
Application of Sandbridge Road Enterprises for a change of
zoning from AG-1 Agricultural District to R-8 Residential
District on a 100-acre parcel located east of Atwoodtown
Road, north of Sandbridge Road (Princess Anne Borough).
1. Letter from the City Manager transmits the reconimendation
of the Planninq Commission for approval.
2. NEW APPLICATIONS
a. Application of Thalia Wayside Corporation for a change of
zoning from R-6 Residential District to A-2 Apartment District
on a 39.376-acre parcel located north of Virginia Beach
Boulevard and east of Thalia Road (Kempsville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Conunission for approval.
2. NEW APPLICATIONS (continued)
b. Application of Trustees of the Congregation of the Virginia
Beach Community Chapel for a change of zoning from B-4
Resort-Cornmercial District to 0-1 Office District on a
4.65-acre parcel located on the south side of Laskin Road,
west of Red Robin Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
C. Application of Trustees of the Congregation of the Virginia
Beach Community Chapel for a conditional use permit for
additional classrooms for a church on a 5.99-acre parcel
located on the south side of Laskin Road, west of Red Robin
Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
3. ORDINANCES
a. An Ordinance to amend and reordain Article 9 of the Comure-
hensive Zoning Ordinance pertaining to use regulations for
radio towers.
An Ordinance to arnend and reordain Article 10 of the Compre-
hensive Zoning Ordinance pertaining to use regulations for
radio towers.
An Ordinance to amend and reordain Article 2, Section 235
of the Comprehensive Zoning ordinance pertaining to general
requirements for television or other broadcasting stations
and line-of-sight relay devices.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
ORDINANCES
1. APPROPRIATIONS
a. Second Readings
1. An Ordinance to accept grants totalling $74,941 from the
Division of Justice and Crime Prevention and to appropriate
these funds.
2. An Ordinance to accept $18,606 from the DeDartment of
Housing and Urban Development and to appropriate these
funds.
b. First Readings
1. An Ordinance to accept and appropriate $76,394 from the
Department of Housing and Urban Development and to trans-
fer existing adpropriations upon receiving approval
from tbat Department.
2. An ordinance to appropriate funds of $13,560 as the City
share for WHRO-TV Capital Improvements.
J. OLD BUSINESS
K. NEW BUSINESS
1. Abstract of Votes from the May 6, 1980 Councilmanic Election
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
19 may 1980
The regular meeting of the Council of the City of Virginia Beach,
virginia, was called to order by Mayor Patrick L. Standing, in the
Conference Room, in the Administration Building, on Monday, 19 May
1980 at one o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
ITEM #15177
Mayor Standing entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for
the purpose of discussing the following:
1. 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 counsel and briefing by
staff riembers, consultants, or attorneys pertainina
to actual or potential litigation, or other legal
matters within the jurisdiction of the public body.
(Legal Matters).
2-
Upon motion by Councilman Holland, seconded by Councilman Ferrell,
City Council voted to proceed into the EXECUTIVE SESSION following
the INF6RMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
05/19/80
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I N F 0 R M A L S E S S I 0 N
ITEM #15178
Councilwoman Henley advised Council that the Committee appointed
to investigate and make recommendations concerning financial
disclosure by elected and salaried positions in the City government
reports the following findings concerning disclosure:
A. Regarding the Virainia Conflict of Interest Act,
it appears the City h@s authority to pass legislation
regarding the conduct of its officers or employees as
long as the legislation does not conflict with the
State Act;
B. Since it appears that a Financial Disclosure Ordinance
would fall within the province of the Virginia Privacy
Protection Act, it rqust be drafted so as to conform thereto!
C. The Ordinance must be drafted so that it constitutionally
falls within the City's police power. The Ordinance must be
reasonably suited to achieve the legislative goal in mind;
D. Various Court rulings indicate the following factors
which should be addressed:
a. The Courts are very distrustful of laws
regulating employees who have no policy
making authority;
b. Almost all of the plans looked upon favorably
by the Courts have provided for an administrative
body to oversee compliance with the law;
C. Civil liability should be imposed in lieu of
any felony or criminal liability.
Councilwoman Henley further advised the Cominittee suggests that
either the duties of the Personnel Board be expanded to serve as
a grievance board to settle administrative questions, or that a
new board be created to serve in this capacity.
The Committee believes that the adoption of a Financial Disclosure
Ordinance and the establishment of an official body to review
alleged conflicts will serve to protect public officials from
unfounded charges of conflict of interest as well as instill
confidence in the public of the integrity of their elected and
appointed officials.
Mayor Standing and Vice Mayor McCoy questioned section (c) of the
Disclosure Ordinance which states "Disclosure of all gifts in excess
of $100, except from members of the declarant's immediate family".
"Immediate family" will be defined more clearly in the Financial
Disclosure Ordinance presented to Council for adoption.
This riatter will be discussed by City Council at the Council
Meeting of 2 June 1980 (INFORMAL BRIFFING SESSION).
05/19/80
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AN ORDINANCE ESTABLISHING THE DUTY OF
REAL ESTATE AND FINANCIAL DISCLOSURE
FOR CERTAIN ELECTED AND APPOINTED
OFFICIALS AND EMPLOYEES OF THE CITY
OF VIRGINIA BEACH, VIRGINIA.
WHEREAS, to insure impartiality, independence and
honesty in elected and appointed officials, and to instill
confidence in the public of the integrity of their elected and
appointed officials; and,
14HEREAS, to insure that public office will not be used
for private gain, only by remuneration as provided by law; and,
WHEREAS, to enhance public confidence in the workings
of government as well as in the elected and appointed officials;
and,
WHEREAS, to inform certain citizens regarding the
economic interests of the elected and appointed officials who
might present a conflict of interest and to insure that
governmental decisions are properly arrived at and to prevent
special interests from unduly influencing governmental decisions.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGIN-,A:
THAT, annually, in Dece@er of each year, it shall be
the duty of members of City Council, the Planning Commission and
the following City Officials to complete and file with the City
Clerk a Financial Interest Disclosure Form. The Form shall be
open to public inspection.
City Manager Director of Public Works
City Attorney Director of Finance
City Clerk Director of Economic Development
Real Estate Assessor Director of Permits & Inspections
Director of Planning Director Public Utilities
05/19/80
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The City Council shall prepare a Form for the disclbsure
of material and financial interests, and the City Clerk shall provide
the Form to all persons required to complete the same.
The Form shall require the disclosure of the following
financial interests:
a. Disclosure of all real estate located in the
City of Virginia Beach, Virginia, in which the
declarant has any legal or equitable interest.
b. Disclosure of any source of income where
the total annual income exceeds $2,500 from
any one source in any year.
C. Disclosure of all gifts in excess of $100,
except from members of the declarant's immediate
family.
The Board shall be
responsible for the administration and enforcement of this Ordinance.
The Board's duties shall include, but shall not be limited to,
determination of whether or not disclosure of a particular interest
or item is required and whether or not the declarant has violated
any provision of this Ordinance.
Upon deterinination by the
Board that the declarant has not complied with any requirement of
this Ordinance or ruling of the Board,
the salary of the declarant shall be forfeited until compliance.
This Ordinance shall be effective thirty (30) days from
date of adoption.
Adopted by the Council of the City of Virginia Beach, on
the day of 1980.
05/19/80
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ITEM #15179
Mayor Standing advised Council of possible litigation between the
City and "Our Own Community Press", and stated after the City
Attorney presents a brief report on the subject, discussion on
the report of the City Attorney will be in EXECUTIVE SESSION.
ITEM #15180
The City Manager requested discussion on the report of current
active borrow pits in the City of Virginia Beach be DEFERRED
until some future Council Meeting.
ITEM #15181
The City Manager advised Council of a clarification needed on a
matter concerning the application of John A. Maddox for a temporary
encroachment into the right-of-way of Atlantic Boulevard or Ocean
Boulevard (11 February 1980), with regards to the removal of a sign.
A question aroso during the discussion of the encroachment request
regardinq the removal of the sign on the oceanfront. The Attorney
representing the Maddox application advised Council the sign would
be removed; however, it would be placed back at a later date.
When the final motion was made by Council and approved, one of
the stipulations read "sign shown on the survey be completely
removed from the right-of-way".
The applicant feels because of the discussion regarding the sign
he should be permitted to move the sign back.
The City Manager advised he does have the proper authority to
keep the sign out of the right-of-way and stated the flagpole
on the subject property would also be removed; however, all
other encroachments will be permitted to remain (cement benches,
concrete tables, etc).
ITEM #15182
The discussion of the Ordinance to accept and appropriate $76,394
from the Department of Housing and Urban Development is on the
FORMAL AGENDA and will be discussed during that time.
05/19/80
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ITEM #15183
The Planning Director and the Director of Public Works discussed
with Council the access problems attributable to the construction
of Pineoak Village Apartments through the Thalia Garden Apartments.
Council recessed to the EXECUTIVE SESSION (1:40 p.m.) for briefing
prior to the FORMAL SESSION in the Council Chambers.
05/19/80
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F 0 R M A L S E S S L 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2:20 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend John Osburg, D.D., Associate Pastor, Diamond
Springs Christian Church
PLEDGE OF ALLEGIANCE
M I N U T E S
ITEM #15184
Upon motion by Councilman Ferrell, seconded by Councilman Riggs,
City Council voted to DEFER UNTIL 9 JUNE 1980 the Minutes of the
Regular Meeting of 12 May 1980.
Voting: 11-0
05/19/80
-9-
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
ITEM #15185
Mayor Standing made the following statement regarding the "Our
Own Community Press":
"The Council has decided to request from the
Library Board additional information regarding
their policy on unsolicited materials. In
addition to that, they've asked the City Attorney
to research further some legal questions that have
arisen as a result of our discussion, and the City
Attorney will report back to us on those; and, in
addition, we've asked the Library Board to report
to us in two (2) weeks regarding their policy on
unsolicited materials and also indicate to us
what unsolicited materials are now available in
the Library and the magnitude of those unsolicited
materials."
Mayor Standing advised the information will be provided to Council
who in turn will ma',-e a decision regarding what the future policy
is going to be concerning questions involving the Library Board.
0 5/19/80
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P R E S E N T A T I 0 N
ITEM 415186
Miss Milanie Llorin, Youth Mayor of the Mayor's Youth Council,
appeared before Council to inform Council of the projects and
goals of the Youth Council for the 1979-1980 school year.
Miss Llorin introduced the new officers of the Mayor's Youth
Council for the 1980-1981 school year:
City Clerk Dawn Watson
City MaN,,or Richie Kahler
City Manager Laura Everton
P R 0 C L A M A T I 0 N
ITEM #15187
Mayor Standing read the following Proclamation proclaiming the week
of May 17 through 24, 1980 as "Keep Virginia Beach Beautiful Week":
P R 0 C L A M A T I 0 N
WHEREAS, Virginia is blessed with a heritage of rich
natural beauty, although sometimes this beauty is marred by
thoughtless littering; and,
WHEREAS, the City of Virginia Beach, in common with so
many American cities, has long faced the problems of cleanliness
in our streets and buildings; and,
WHEREAS, the Virginia Beach Clean Community Commission, in
cooperation with Keep America Beautiful, Inc., and Keep Virginia
Beautiful, Inc., have inaugurated a concerted drive to improve
Community attitudes as well as physical conditions;
05/19/80
NOW, THEREFORE, 1, Patrick L. Standing, Mayor of the City
of Virginia Beach, do hereby proclaim the week of May 17 through 24,
1980, as
KEEP VIRGINIA BEACH BEAUTIFUL WEEK
and urge all the citizens of our City to observe the occasion by
participating in activities to reduce and remove the amount of
rubbish and litter marring Vitginia Beach's natural beauty, historic
attractions, and public places.
GIVEN UNDER MY HAND this 19th day of May, 1980.
Patrick L. Standing
Mayor
0 5/19/80
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C 0 N S E N T A G E N D A
(ITEM II-G.1) ITEM #15188
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:
Requested by: Traffic Engineering
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-155 OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING TO
THE MANNER OF PARKING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 22-155 of the Code of the City of Virginia
Beach is amended and reordained to read as follows:
It shall be unlawful for an,,, person to park any vehicle
in the parking meter spaces referred to in Section 22-154 except
within the lines and markings established as provided in such Section.
When a parking meter space in any parking meter zone is
parallel with the adjacent curb or sidewalk, any vehicle parked in
such parking space shall be parked so that the foremost part of
such vehicle shall be alongside of and nearest to the parking meter.
When a parking meter space in any parking meter zone is diagonal to
the curb or sidewalk, any vehicle parked in such parking space shall
be parked with the foremost part of such vehicle directed at and
nearest to such meter. The number of vehicles allowed to park in
a designated parking meter space shall be limited to one (1) vehicle
per space.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Nineteenth day of may, 1980.
05/19/80
-1 3-
Upon motion by Councilman Payne, seconded by Councilman Holland,
City Council voted to APPROVE the Ordinance to amend and reordain
Section 22-155 of the Code of the City of Virginia Beach relating
to the manner of parking.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
05/19/80
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(ITEM II-G.2) ITEM 415189
Upon motion by Councilman Payne, seconded by Councilman Holland,
City Council vbted to APPROVE the tax refunds in the amount of
$ 3 4 2 . 5 0
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Melvera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Merqbers Voting Nay:
None
Council Members Absent:
None
0 5/19/80
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P L A N N I N G A G E N D A
(ITEM II-H.l.a) ITEM #15190
Mr. Henry A. Shook appeared requesting a thirty (30) day deferral.
Upon motion by Councilman Merrick, seconded by Councilman Riggs,
City Council voted to DEFER FOR THIRTY (30) DAYS the application
of HENRY A. SHOOK for a variance to Section 4.4(b), as per the
following:
Appeals from Decisions of Administrative officers
in regard to certain elerients of the Subdivision
ordinance, Subdivision for Henry A. Shook. Property
located at the Northwest intersection of Bay Colony
Drive and a portion of vacated Hill Road.
The applicant requests a variance to Section 4.4(b)
of the Subdivision ordinance which requires lot
dimensions to conform to the Comprehensive Zoning
Ordinance. The applicant wishes to subdivide a
1.18 acre site, located at the Northwest intersection
of Bay Colony Drive and Hill Road, into two (2) lots.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
0 5/19/80
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(ITEM II-H.l.b) ITEM #15191
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant,
and advised Council that the Conditional Use Permit for Sandbridge
Road Enterprises for 120 duplexes is supplanted by the application
for a zoning chanqe, and requested withdrawal of the use permit
request for 120 duplexes.
Attorney Thomas C. Broyles appeared in favor.
Upon motion by Councilman Payne, seconded by Councilman Riggs, City
Council voted to permit WITHDRAWAL of the application of SANDBRIDCE
ROAD ENTERPRISES, as per the following:
An Ordinance upon application of Sandbridge Road
Enterprises, a Partnership, for a Conditional Use
Permit to construct 120 duplexes on certain property
located on the East side of Atwoodtown Road beginning
at a point 750 feet Fast of the intersection with Lo-,us
Drive, running a distance of 629.05 feet alonq the East
side of Atwoodtown Road, running a distance of 150 feet
in an Easterly direction, running a distance of 1220
feet in a Northerly direction, running a distance of
390 feet in a Southeasterly direction, running a distance
of 30 feet in a Southerly direction, running a distance
of 510 feet in an Easterly direction, running a distance
of 700 feet in a Southerly direction, running a distance
of 110 feet in a Westerly direction, running a distance
of 450 feet in a Southerly direction, running a distance
of 980 feet in an Easterly direction, running a distance
of 170 feet in a Southerly direction, running a distance
of 100 feet in a Westerly direction, running a distance
of 100 feet in a Southerly direction, running a distance
of 100 feet in an Easterly direction, running a distance
of 900 feet along the West side of Sandbridge Road, running
a distance of 1480 feet in a Northwesterly direction,
running a distance of 500 feet in a Southwesterly di-
rection, running adistance of 220 feet in a Northwesterly
direction, running a distance of 500 feet in a Southwesterly
direction, running a distance of 220 feet in a Northwesterly
direction, running a distance of 130 feet in a Northeasterly
direction, running a distance of 400 feet in a Northwesterly
direction, running a distance of 440 feet in a Southwesterly
direction, running a distance of 120 feet in a Westerly
direction and running a distance of 150 feet in a North-
westerl direction. Said parcel contains 240 acres.
vR!NCES,@ ANNE BOROIJCH
Voting: 11-0
0 5/19/80
-17-
Council Members Voting Aye: (for withdrawal)
John A. Baum, P. Reid Ervin, Ceorge R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abs6nt:
None
05/19/80
-18@
(ITEM II-H.l.c) ITEM #15192
Attorney Grover C. Wright appeared in behalf of the applicant.
The following appeared in opposition:
Mrs. Cecil Reed, Chairinan, Lotus Conservation and
Research Committee, Cape Henry Women's Club
Mr. Gary Simpson, 1324 Sandbridge Road, represented
forty (40) residents
Mr. Charles Traub
Mr. Henry Green, 2745 Sandpiper Road
Mrs. Luther Malbon did not appear
Mr. James Jacobs, landowner
Mrs. Shelia Price, President, Sandbridge Beach Civic
League
Doctor Jules Goldsand
Upon motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of SANDBRIDGE ROAD ENTERPRISES for a
Change of Zoning District Classification, as per the following7
subject to the conditions as outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF SANDBRIDGE ROAD Z0580501
ENTERPRISES, A PARTNERSHIP, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1
AGRICULTURAL DISTRICT TO R-8 RESIDENTIAL
TOWNHOUSE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Sandbridge Road Enterprises,
a Partnership, for a Change of Zoning District Classification
from AG-1 Agricultural District to R-8 Residential Townhouse
District on certain property located 299.7 feet East of
Atwoodtown Road beginning at a point 2164 feet North of the
intersection of Sandbridge Road and Atwoodtown Road, running
a distance of 1962 feet along the Southern property line,
running a distance of 2261 feet along the Eastern property
line, running a distance of 1023 feet in a Westerly direction,
running a distance of 66 feet in a Northerly direction, running
a distance of 771 feet in a Northwesterly direction and
running a distance of 2432 feet along the Western property
line. Said parcel contains 100 acres more or less. PRINCESS
ANNE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Restricti-ons agreed upon by the petitioner and
approved by the City Attorney that no use
0 5/19/80
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permit will be issued until the golf course
is completed.
2. Be restricted to 240 units on the 240 acres.
3. SIJBJECT TO CITY WATER AND CITY SEWER.
4. Standard improvements as required by the Site
Plan and Subdivision Ordinances, as applicable.
4. If wetlands are involved in the area proposed
for construction, the developer must obtain
the necessary permits from the appropriate
F--deral, State and Local authorities.
5. Right-of-way improvements will be necessary along
Atwoodtown Road; this includes pavement widening,
curb and gutter, and drainage facilities.
6. The developer has voluntarily agreed to construct
a maximum of 240 units and the remainder of the
240 acre tract shall be solely for a golf course.
This aqreement is to be recorded in the office of
the Clerk of Circuit Court.
7. No housing units are to be constructed prior to
completion of the golf course.
8. A ten-foot dedication along Atwoodtown Road.
9. The dedication of a 300-foot drainage easement
for Canal #1 centered over the existing Canal
along the Eastern property line.
.10. The dedication of a 160-foot drainage easement
centered over the existing Canal along the
Northern property line.
11. Full site improvements for interior streets.
This brdinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Nineteenth day of May, 1980.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
05/19/80
-20-
Council Members Voting Nay:
Barbara M. Henley, Donald W. Merrick, and Meyera
E. Oberndorf
Council Members Absent:
None
(ITEM II-H.l.b) ITEM #15193
Attorney Thomas C. Broyles appeared in behalf of the applicant.
Upon motion by Councilman Payne, seconded by Vice Mayor McCoy, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of SANDBRIDGE ROAD ENTERPRISES for a Con-
ditional Use Permit, as per the following:
ORDINANCE UPON APPLICATION OF SANDBRIDGE ROAD R0580318
ENTERPRISES, A PARTNERSHIP, FOR A CONDITIONAL
USE PERMIT FOR A GOLF COURSE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Sandbridge Road Enterprises
a Partnership, for a Conditional use Permit for a golf
course on certain propert,v located on the East side of
Atwoodtown Roaa beginning at a point 750 feet East of the
intersection with Lotus Drive, running a distance of 629.05
feet along the East side of Atwoodtown Road, running a dis-
tance of 150 feet in an Easterly direction, running a dis-
tance of 1220 feet in a Northerly direction, running a dis-
tance of 390 feet in a Southeasterly direction, running a
distance of 30 feet in a Southerly direction, runninq a
distance of 510 feet in an Easterly direction, running a
distance of 700 feet in a Southerly direction, running a
distance of 110 feet in a Westerly direction, running a
distance of 450 feet in a Southerly direction, running a
distance of 980 feet in an Easterly direction, running a
distance of 170 feet in a Southerly direction, running a
distance of 100 feet in a Westerly direction, running a
distance of 100 feet in a Southerly direction, running a
distance of 100 feet in an Easterly direction, running a
distance of 900 feet along the West side of Sandbridge
Road, running adistance of 1480 feet in a Northwesterly
direction, running a distance of 500 feet in a South-
westerly direction, running a distance of 220 feet in
0 5/19/80
21-
a Northwesterly direction, running a distance of 130
fedt in a Northeasterly direction, running a distance
o@ 400 feet in a Northwesterly direction, running a
distance of 440 feet in a Southwesterly direction,
running a distance of 120 feet in a Westerly direction
and running a distance of 150 feet in a Northwesterly
direction. Said parcel contains 240 acres. PRINCESS
ANNE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
11. Only be used for a golf course.
2. standard improvements as required by the Site Plan
Ordinance.
3. A 300-foot drainage easement centered over the
existing Canal will be required for Canal #1.
4. Right-of-way improvements will be necessary
along both Sandbridge Road and Atwoodtown Road;
this includes pavement widening, curb and gutter,
and drainage facilities.
5. A ten-foot dedication along Atwoodtown Road.
6. A ten-foot dedication along Sandbridge Road.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Nineteenth day of May, 1980.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
05/19/80
-22-
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
None
(ITEM II-H.2.a) ITEM #15194
Mr. Douglas Talbot, Talbot and Associates, appeared in behalf
of the applicant
Attorney H. Calvin Spain appeared in favor.
The following appeared in opposition:
Mr. Donald Fraser, presented petitions (Petitions will
be made a part of these proceedings).
Mr. Richard Kreassig
Mr. Dalton E. McCoy
Mr. William Coltrane
Mrs. Anne Poole
Vice Mayor McCov made a motion, seconded by Councilman Ferrell, to
uphold the recommendations of the Planning Commission and APPROVE
the application of THALIA TIAYSIDE CORPOPATION for a Change of Zoning
District Classification from R-6 Residential District to R-9 Townhouse
District (modified from A-2 Apartrqent District; subject to the conditions
outlined in the City Manager's letter, which include the following:
1. Modification to R-9 TOWNHOUSP DISTRTCT.
2. Standard improvements as required by the
Site Plan ordinance (CLOSITRE OF ROAD TO THE
NORTH BE STUDIED AT TIME OF SITE PLAIT RE@7IEW)
3. City water and sewer. (APPLICANT VOLUNTARILY
AGREES TO CONNECT TO CITY SEWER SYSTEM.)
4. The necessarv off-site drainaqe improvements and
I
easements will be required.
05/19/80
2 3-
5. Any permits required in the installation of
off-site drainage must be obtained prior to
development.
6. Twenty-five-foot buffer, DEEDED AT NO COST TO
THE ADJACENT PROPERTY OWNER IF THEY SO DESIRE;
and, a six-foot privacy fence is to be providbd
along the boundary adjacent to the residential
district.
7. TOIQNHOUSES FOR SALE
Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilman
Merrick, to DEFER FOR SEVEN (7) WEEKS (July 14, 1980), the application
of THALIA WAYSIDE CORPORATION for a Change of Zoning District
Classification:
The recorded vote on the SUBSTITUTE MOTION is as follows:
Voting: 4-7
Council Members Voting Aye: (for substitute motion)
F. Reid Ervin, Barbara M. Henley, Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A. Holland,
Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council @lembers Absent:
None
The above motion to DEFER FOR SEVEN (7) WEEKS (July 14, 1980) Lhe
application of THALIA WAYSIDE CORPORATION was defeated.
0 5/19/80
-2 4-
The recorded vote on the MAIN MOTION is as follows:
Voting: 7-4
Council Members Voting Aye: (for main motion)
John A. Baum, George R. Ferrell, Clarence A. Holland,
Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, Barbara M. HenleN7, Donald W. Merrick,
and Meyera E. Oberndorf
Council Members Absent:
None
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of THALIA WAYSIDE CORPORATION
for a Change of Zoning District Classification, as per the following;
subject to the conditions outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF THALIA WAYSIDE Z0580502
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 RESIDE@ITIAL DISTRICT
TO R-9 RESIDENTIAL TOV4NHO{JSE DISTRICT (MODTFIED
FROM A-2 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Thalia Wayside Corporation
for a Change of Zoning District Classification from R-6
Residential District ',:o R-9 Residential Townhouse District
(modified from A-2 AT)artrqent District) on certain oroperty
0 5/19/80
- 2 5-
located 500.63 feet North of Virginia Beach Boulevard
beginning at a point 639 feet East of Thalia Road,
running a distance of 2380.71 feet along the Southern
property line, running a distance of 1138.93 feet
along the Eastern property line, running a distance of
1831.87 feet along the Northern property line and
running a distance of 852.18 feet along the Western
property line. Said parcel contains 39.376 acres.
KEMPSVILLE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Modification to R-9 Townhouse District.
2. Standard improvements as required by the Site
Plan Ordinance (closure of road to the North
be studied at time of site plan review).
3. City water and sewer. (Applicant voluntarily
agrees to connect to City sewer system).
4. The necessary off-site drainage improvements
and easements will be required.
5. Any permits required in the installation of
off-site drainage must be obtained prior to
development.
6. Twenty-five foot buffer, deeded at no cost to
the adjacent property owners if they so desire;
and, a six-foot privacy fence is to be provided
along the boundary adjacent to the residential
district.
7. Townhouses for sale.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Nineteenth day of May, 1980.
0 5/19/80
-2 6-
(ITEM II-H.2.b) ITEM #15195
Attorney H. Calvin Spain appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilman Ervin,
City Council voted to uphold the recommendationof the Planning
Commission and APPROVE the application of THE TRUSTEES OF THE
CONGREGATION OF THE VIRGINIA BEACH COMMUNITY CHAPEL for a Chanqe
of Zoninq District Classification, as per the following; subje@t
to t e conct t ons as outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF THE TRUSTEES OF Z0580503
THE CONGRECATION OF THE VIRGINIA BEACH COMMUNITY
CHAPEL FOR A CHANGE OF ZONTNG DISTRICT CLASSIFICATION
FROM B-4 RESORT-COMMERCIAL DISTRICT TO 0-1 OFFICE
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of The Trustees of the
Congregation of the Virginia Beach CommunitN7 Chapel
for a Change of Zoning District Classification from
B-4 Re o 0-1 Office District
on certain property located on the South side of Laskin
Road beginning at a point 540 feet more or less West of
Red Robin Road, running a distance of 471 feet along the
South side of Laskin Road, running a distance of 373.89
feet along the Western property line, running a distance
of 372.30 feet along the Southern property line, running
a distance of 316.17 feet in a Northeasterly direction,
riinning a distance of 114.40 feet in a Northerly direction,
running a distance of 30 feet in an Easterly direction and
running a distance of 157.88 feet in a Northerly direction.
Said parcel contains 4.65 acres. LYNNHAVEN BOROUC@H.
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. Portions of this site consist of wetlands. If such
areas are to be involved in the proposed construction,
the developer must obtain the necessary permits from
Pederal, State and Local authorities.
4. Right-of-wav inprovements will be necessary along
Laskin Road; this includes pavement widening, curb
and gutter, sidewalk, 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 Nineteenth day of May, 1980.
05/19/80
2 7-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, C@eorge R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Na,v:
None
Council Members Absent:
None
05/19/80
2 8-
(ITEM II-H.2.c) ITEM #15196
Attorney H. Calvin Spain appeared in behalf of the applicant.
Upon motion by Councilman Plerrick, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of TRUSTEES OF THE
CONGRECATION OF THE VIRGINIA BEACH COMMUNITY CHAPEL for a
Conditional Use Permit, as per the following; sllbject to the
conditions outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF TRUSTEES OF R0580319
TIJE CON(-@RECATION OP THE VIRGINIA BEACH
CO-MMUNITY CHAPEL FOR A CONDITIONAL USE
PERMIT FOR ADDITTONAL CLASSROOM FOR CHURCH
BE IT ORDAINED BY THE C017NCIL OF TFE CITY OF @7TR(,Ii,]IA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Trustees of the Congregation
of the Virginia Beach Community Chapel for a Conditional
Use Permit for additional classroom for church on certain
property located on the South side of Laskin Road beginninq
at a point 203.25 feet West of Red Robin Road, running a
distance of 810 feet more or less along the South side of
Laskin Road, runninq a distance of 373.89 feet alono the
Western property line, running a distance of 316.17 feet
in a Northeasterly direction, running a distance of 114.4
feet in a Northerly direction, running a distance of 374.58
feet in an Easterly direction, running a distance of 171.12
feet in a Northerly direction. Said parcel contains 5.99
acres. LYNNHAVEN 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. Portions of this site consist of wetlands. If such
areas are to be involved in the proposed coistruction,
the developer must obtain the necessary permits from
Federal, State and Local aiithorities.
4. Right-of-way improvements will be necessary along Laskin
Road; this includes pavement widenin(T, curb and gutter,
siciewalk, and drainage facilities.
5. Parking is to be provid--d at a ratio of 1 space per
5 seats or bench seating spaces in the main auditorium.
This Ordinance shall be effecti-ve upon date of adoption.
Adopted b@.7 the Council of the City of Virginia Beach,
Virginia, on the Nineteenth day of May, 1980.
05/19/80
-28a-
Voting: 11-0
Council Me@ers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Votinq Nay:
None
Council Meribers Absent:
None
0 5/19/80
2 9-
(ITEM II-H.3.a) ITEM #15197
Upon motion by councilwoman Oberndorf, seconded by Councilman Ferrell,
City Council voted to APPROVE the Ordinance to amend and reordain
Article 9 of the Corqprehensive Zoning Ordinance pertaining to use
regulations for radio towers.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Ceorge R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Rigqs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
05/19/80
-30-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
FOR RADIO TOWERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 911, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
Within a B-2 Community-Business District, only the following uses
and structures shall be permitted:
(a) Principal uses and structures:
k264 Rad4e-and-teTeyis4eR-broadeast@ng-stat4ens-and-44me-
ef-s4kt-i-e@ay-dey4ees;
(25) k264 Retail establishments, including the incidental manu-
facturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations
or for storage or display of any scrap, salvage or
second-hand building materials or automobile parts shall
not be allowed;
(26) k274 Veterinary establishments and commercial kennels,
provided that all animals shall be kept in sound-
proofed, air-conditioned buildings;
(27) k284 Wholesaling and distribution operations, provided
that such operations do not involve the use of:
(i) more than 2,000 square feet of floor area for
storage of wares to be sold at wholesale or to
be distributed, or
(ii) any vehicle eated at more than one and one-half
ton capacity, or
(iii) a total of more than five (5) delivery vehicles.
(c) Conditional uses and structures: Uses and structures hereinafter
specified; subject to compliance with the provisions of Part C of
Article 2 hereof:
(14) Radio and television broadcasting stations and line-
of-sight relay devices;
05/19/80
- 3 1-
(15) @;44 Recreational and amusement facilities of an outdoor
nature, which may be partially or temporarily enclosed
on a seasonal basis with approval of City Council,
provided that in the development of such properties,
safeguards are provided to preserve and protect the
existing character of adjacent properties except
that riding academies and recreational campgrounds
shall not be allowed as a conditional use or otherwise.
That Article 9, Section 921, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
Within a B-3 Central Business District, the following uses and structures
shall be permitted:
(a) Principal uses and structures:
(1) All of the principal uses and structures permitted in the
B-2 Conmunity Business District, except the following:
@4444 L4ne-of-s@ght-re;ay-stat48Rs;
(iii) @4v4 t4holesaling and distributing operations except
as provided in Item (3) below.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
19thday of May 1980.
APPROVED S T @l o @,i F,@
C@TY AT-,
05/19/80
-3 2-
(ITEM II-H.3.a) ITEM #15198
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin,
City Council voted to APPROVE the Ordinance to amend and reordain
Article 2, Section 235 of the Comprehensive Zoning ordinance J?er-
taining to general requirements for television or other broadcasting
stations and line-of-sight relay devices.
Voting: 11-0
Council Members Voting Aye:
,John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
05/19/80
- 33-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 235
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO
GENERAL REQUIREMENTS FOR
TELEVISION OR OTHER BROADCASTING STATIONS
AND LINE-OF-SIGHT RELAY DEVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 235, Television or Other Broadcasting Stations
and Line-of-Sight Relay Devices, of the C.Z.O. is amended and reordained
as follows:
235. Television or Other Broadcasting Stations and Line-of-Sight Relay
Devices
All broadcasting stations and line-of-sight relay devices shall be
subject to the following requirements:
(a) The setback from all property lines for towers or other structures
shall be at least twenty-five (25) feet unless a greater setback
is specified as a condition of approval.
(b) Before any building permit is issued for any broadcasting tower,
the appropriate data including custom engineering calculations
for each installation shall be prepared by a registered
structural or civil enqineer and submitted for approval to the
City Engineer and to the Director of Permits and Inspections.
This data shall satisfactorily demonstrate that the proposed
tower conforms to all structural requirements of the Building
Code.
(c) All towers shall be subject to periodic reinspection by the
Department of Permits and Inspections. If any additions,
changes, or modifications are to be made to the tower, the
Chief Building Inspector shall have the authority to require
proof through the submission of engineering data that the addi-
tion, change, or modification conforms to structural wind load
and all other requirements of the Building Code.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 19th day of May 1980. A"ROVM AS TO CC,-,4-r!,,.qT
CITY ATIO,-a@E"' 05/19/
-3 4-
(ITEM II-H.3.a) ITEM #15199
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin,
City Council voted to APPROVE the Ordinance to amend and reordain
Article 10 of the Comprehensive Zoning ordinance pertaining to use
regulations for radio towers.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standinq
Council Members Voting Na,v:
None
Council Members Ahsent:
None
05/19/80
-3 5-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 10
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
FOR RADIO TOWERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 10, Section 1011, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
Within an I-2 Heavy Industrial District, the following uses and
structures shall be permitted:
(a) Principal uses and structures: All of the principal uses and
structures permitted in the I-1 Light Industrial District and
in addition:
(6) @74 Ship supply establishments and facilities;
(7) @94 Terminals for freight or passengers arriving or depart-
ing by ship;
(8) k94 Wholesale and retail establishments dealing primarily
in bulk materials delivered by ship, or by ship and
railroad or ship and truck in combination.
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(6) Radio or television transmission and relay stations;
(7) k64 Storage or processing of salvage, scrap or junk.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
19 day of MaV 1980.
APP.RO,VED AS TO C@,@i75i47
05/19/80
-3 6-
0 R D I N A N C E S S E C 0 N D R E A D I N G
(ITEM II-I.l.a.1) ITEM #15200
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ferrell,
City Council voted to APPROVE ON SECOND READING the Ordinance to
accept Grants totaling $74,941 from the Division of Justice and Crime
Prevention and to appropriate these funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
0 5/19/80
- 37-
AN ORDMMCE TO AC= GRANTS
TCTALLING $74,941 FROM THE DIVISION
OF JUSTICE AND C= PPZV=CN AND
TO APPROPRIATE =E FUNDS
WHEREAS, the Police De t wishes to continue its Police
Training Program for selected rs of the Depa@t, and
, the alth's Attorney wishes to continue the
pr,oved administrative control and direction in his office and the intensive
a@nistrative suppor-t to the Major Violator Unit, and
WHEREAS, the Division of Justice and Cri@ Prevention (DJCP) has
awarded the City grants to fund the above programs.
NCW, MMFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA
BEACH, VIRGINIA:
Tbat the City Manager be hereby authorized to accept the grants for
the City, and funds hereby appropriated, for the following purposes:
Estimted Revenue Local Total
Frcm Other Agencies @tch Appropriations
Police Training $17,119 $ 901 $18,020
Cmmnwealth I s Atty I s
Office Manager 22,541 34,380 56,921
Total 660 281 941
That the appropriations be financed by $39,660 estirmted revenue from
the WCP, and a local cash mtch of $35,281 to be transferred from Unappropriated
Fund Balance, and
That a total of three personnel positions for the Office Manager
Pr,ograrn be hereby authorized for the duraticn of the grant, to be paid frcm the
grant, with classes of eirployees to be determined by the City Manager.
This ordinance shall be effective from date of adoption.
FIRST READIW-: May 12, 1980
SECOND READTNG:- May 19, 1980
Adopted by the Council of the City of Virginia Beach on the 19th
day of May 1980.
n,-)RoVED AS TO Co@4TE14T
/V/
05 19/80
-3 8-
(ITEM II-I.l.a.2) ITEM #15201
Upon motion by Councilman Payne, seconded by Councilr-ian Holland,
City Council voted to APPROVE ON SECOND READING the Ordinance to
accept $18,606 from the Department of Housing and Urban Develop-
ment and to appropriate these funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
05/19/80
- 39-
Requested by: City flanager
AN ORDINANCE TO ACCEPT $1&,606
FROM THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the Department of Housing and Urban Development (HUD)
has released funds in the fourth program year of the Community Development
Block Grant (CDBG) to purchase a mobile activity center, and
WHEREAS, the City wishes to accept these funds in order to provide
recreational activities to citizens in the CDBG target areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Citv Manager be authorized to accept funds for the Cit,,
and funds be appropriated for the following purpose:
Total
Mobile Activitv Center $18@606
That the appropriations be financed 100% bv HUD, with no local
match required.
FIRST READING: -May 12, 1980 -
SECOND READING: - May 19, 1980-
Adopted by the Council of the City of Virginia Beach, Virginia on
this 19th day of May -, 1980.
This ordinance shall be effective from date of adoption.
APPP,OVED A@@ TD
A,?
05/19/80
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0 R D I N A N C E S F I R S T R E A D I N G S
(ITEM II-I.l.b.1) ITEM #15202
ORDINANCE TO ACCEPT AND APPROPRIATE $76,394
FROM THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND TO TRANSFER EXISTING
APPROPRIATIONS UPON RECEIVTNG APPROVAL FROM
THAT DEPARTMENT
WHEREAS, the City wishes to continue upgrading target
neighborhoods and to retard the pace of deterioration in transitional
neighborhoods; and,
WHEREAS, the Department of Housing and Urban Development
(HUD) has approved the City's Community Development Block Grant
(CDBG) Program for those purposes; and,
WHEREAS, HUD approves funding CDBG activities within a
particular program year, upon receiving and approving environmental
impact studies for each activity; and,
WHEREAS, the City wishes to begin work on those activities
as soon as HUD approves those environmental impact studies; and,
WHEREAS, there is currently $76,394 awarded to the City
by HUD, which the City wishes to appropriate upon receiving approval
of the environmental impact studies from HUD; and,
WHEREAS, the City wishes to transfer existing appropriations
between activities within the same program year upon receiving approval
from HUD.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager be atithorized to accept the $76,394
in the Fourth Program Year from the City, and funds be appropriated
for activities approved by HUD; and,
05/19/80
That this Ordinance allow existina CDBG appropriations
to be transferred by the City Manager between activities within
the same program year upon receiving 'approval from HIJD.
FIRST READING: 19 May 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of -1 1980.
Upon motion by Vice Mayor McCov, seconded by Councilman Holland, City
Council voted to APPROVE ON FIRST READING the Ordinance to accept and
appropriate $76,394 from the Department of Housing and Urban Develop-
ment, and to transfer existing appropriations upon receiving approval
from that Department.
Voting: 11-0
Council Merqbers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
05/19/80
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Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-I.l.b.2) ITEM #15203
ORDINANCE TO APPROPRIATE FUNDS OF $13,560
AS THE CITY SHARE FOR WHRO-TV CAPTTAL
IMPROVEMENTS
WHEREAS, the educational television station, WHRO-TV, has
a five-year Capital Improvements Prograni for technical modernization;
and,
WHEREAS, the Virginia Beach School Board has particiuated
in the first-year of this program by contributing $27,160; and,
WHEREAS, this participation was based on the understanding
that the contribtitinn would be a joint venture of the School Board
and the City; and,
WHEREAS, the School Board is requesting that the City bear
a portion of this expenditure, with a payment of $13,560, as the
City's share towards the WHRO-TV Capital Improvements Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds of $13,560 be appropriated
from the General Fund Balance to the School Board, as the City's sliare
0 5/19/80
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for WHRO-TV Capital Improvements.
I
This Ordinance shall be effective upon date of adoption.
FIRST READING: May 19, 1980
SECOND READING:-
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1980
Upon motion by Councilwoman Oberndorf, seconded by Councilman Merrick,
City Council voted to APPROVE ON FIRST READINC the Ordinance to
appropriate funds of $13,560 as the City share for WHRO-TV Capital
Improvements.
Voting: 11-0
05/19/80
Council Members Voting A@7e:
I
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standinq
Council Members Voting Nay:
None
Council Members Absent:
None
05/19/80
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N E W B U S I N E S S
(ITEM II-K.1) ITEM #15204
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to ACCEPT the Abstract of Votes from the 6 May
1980 Councilmanic Election.
voting: 11-0
Council Meribers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland*, Vice
Ma.vor 7. Henry McCoy, Jr., Donald W. Merrick,
MeN,7era E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Meinbers Absent:
None
*COUNCILMAN HOLLAND VOICED A VERBAL "AYF".
05/19/80
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ABSTRACT OF VOTES cast in the CeHwylCity of Virgiiiia,
a,, the General election held on ay 6 19 80
FOR@ r'o,, n@ i 7 a.t2z -9a
Number of
Challenged
Total Votes Votes
Total Votes ReceiN,ed Received Included
Naines of Cai)didates (In Writing) (In Figures) In Total
John A. Baum Fifteen Thousand six hundred(15,630
thirty
WRITE-IN VOTES
Jimmy Carter One
Don Smith
,7a nne
Ernist Marrow One 1
We, the u,idersigned Electoral Board, upon examination of tlie official records deposited with the Clerk of the Cir-
cuit Court of the election on 19 PO , do lte,eby certify that tlie above is a true
and'correct Abstract of Votes cast at said election and do tlierefore deterniine and declare tlzat the follo@qng received
the greatest number of votes cast in said election:
John A. Baum
for the ogice of Citu Council
Given under our hands this 8th day of May 19 8 0
Chairman
Afember
A copy teste: Secretary
Secretary, Electoral Board
05/19/80
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ABSTRACT OF VOTES cast in the @nmy@ity f Virginia Beach Virginia,
at the General election held on May 6 -,19 8 0
FOR Member City Council Princess Anne Bor h
Number of
Challenged
Total Votes Votes
Total Votes Re ived Received Incltided
Naiiies of Caiiclidates (In Writing) (In Figures) In Total
Reba S. McClanan Eleven Thousand seven hundred(11_7 9
fifty-nine
J. Curtis Payne even Thou-ad ht fl e
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir-
cuit Court of the election on M, 19 Po do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do therefore deter,nine and declare that the follo ng received
the greatest nu?nber of votes cast in said election:
Reba S. McClanan
for the office of City Council
Given under our han@ this 8th day of -Ma Li '19 8 0
Chairnian
,einber
A copy teste: Secretary
Secretary, ElectGral Board
0 5/19/80
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ABSTRACT OF VOTES cast in the -C@ni.YlCity of iZirgi@iA np,,h Virginia,
qt the General - election held on 19Rn
FOR Member City Council Virginia Beach Borough
Number of
Challenged
Total Votes Votes
Total Votes Received Received Included
Naines of Candidates (In Writing) (In Figures) In Total
(-,@r,3@n Ha@ Zhree ThoLLi -L@- 3 - 9;O
fifty
William Huc7h Kitchin, III Nine Thousand four hundred 9 4 6 5
sixty-five
R. L. "Buddy" Riggs sand eight hundred( 8,824
twenty-four
WRITE-IN VOTES
Wils n@p
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir-
cuit Court of the election on Mat7 6 -, 19 8 0 , do hereby certify tliat the above is a true
and correct Abstract of Votes cast at said election and do flierefore deterniine and declare that the follottqng received
the greatest nu7nber of votes cast in said election:
William Hugh Kitchin, III
for the office of Citti Council
8th may 80
Given under our hands this day of 19
Chairman
Member
A copy teste: Secretary
Secretary, ElectoTal Board
0 5/19/80
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ABSTRACT OF VOTES cast in the @4rt!t/City of - I Virginia,
at the General election held on Ha 6 -,19 8 0,
FOR Member Citu council At La
Number of
Challenged
Total Votes Votes
Total Votes Received Received Included
Naines of Ca@ididates (In Writing) (In Figures) In Total
William Bennett one Thousand two hundred 225
wen t @ f -i ve
Robert Glenn Butler one Thousand five hundred 1,566
..tY-SIX
Harold Heischober Eight Thousand four hundred 491
ninety-one
H. Jack J Seven Thousand nine hundred 956
fifty-six
Jessie W. Lawrence Two Thousand three hundred (-2 323
twenty-three
R. Dean Lee Fl e T u d@e*@ 5 807
seven
thirty-eight
WRITE-IN VOTES
J. B. Spry One
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir-
cuit Court of the election on -, 19 80 , do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do tlierefore deterrnine and declare that the following received
the greatest number of votes cast in said election:
Harold Heischober
Meyera E. Oberndorf
for the office of City Council
Given under our hands this th day of _Ma!j 19 8 0
Chairrnan
Afember
A copy teste: Secretary
Secretary, Electoral Board
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A D J 0 U R @@ M E N
(IT-EM II-L.1) ITEM #15205
Upon motion by Councilman Ervin, seconded by Councilman Merrick, City
Council by UNANIMOUS vote, adjourned at 5:40 p.m.
Diane M. Hickman, Deputy City Clerk
R@ liodc,Tes @mith, Citv Clerk
City of Virginia Beach,
Virginia
19 May 1980
h