MARCH 24, 1980 MINUTES
OF VIRGINIA BEACH MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb
MAYOR PATRICK L. STANDING, At L.,g@ DONALD W. MERRICK, Ly-b..- B.,..gb
VICE MAYOR J. HENRY M,COY JR., D.D.S.. K@.p-ilt@ B.,..gb MEYERA E. OBERNDORF, At L@,g@
JOHN A. BAUM, B@,@@gb J. CURTIS PAYNE, A@@@ 801--gb
F. REID ERVIN, Al L.,g@ ROGER L. RIGGS, Vilgi@i@ B@.1h B.-.gl
GEORGE R. FERRELL, Al L..,g@ RUTH HODGES SMITH, Cily C@lk
BARBARA M. HENLEY, P..g. B.@.gb
CITY COUNCIL AGENDA
ITEM I INFC)RMAL SESSION: MONDAY, 24 --H 1980 - 5:30 P-m-
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
volleyball stands to remain on the beaches.
2. Lynnhaven : DiscuSsion of detour
for 7onstruction of the bridge.
3. North Virainia Beach Street Improvements to Side
ussion of requested design
red streets within the limits
of 75th Street to 80th Street. Also, discussion of
cul-de-sac improvements in this area.
4. Tourist Information Center: Discussion of item on
Formal agenda i City's temporary take-
over of the Center, with funding from the Virginia
Beach Innkeepers Association.
5. Shuttle Bus Service: DiSCUSSion f item on Formal
Agenda regarding shuttle bus service to operate in
Virginia Beach between hotels, motels, the Pavilion,
and parking lots.
ITEM II FORMAL SESSION: MONDAY, 24 MARCH 1980 - 7:00 p-m.
A. INVOCATION - Reverend John Winstead
Pastor
Church of Christ at Creeds
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. RECOGNITION/PRESENTATION
1. Recognition of Girl Scout Troop Number 16.1
2. Mr. Fred Glanville, President, Sun Wheelers
E. PROCLAMATIONS
1. April 1, 1980 - CENSUS DAY
2. Ladies Auxiliary to the Virginia Beach Borough Volunteer
Fire Department (Norwegian Lady - March 29, 1980)
3. Creative Displays, Inc.
F. MINUTES OF PREVIOUS MEETING
1. M8tion to accept/approve the minutes of 17 March 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 discus-
sion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered separ-
ately.
1. An Ordinance to authorize acquisition of property in fee
simple for right-of-way for Independence Boulevard
(through Timberlake) Project and the acquisition of
temporary and permanent easements of right-of-way, either
by agreement or by condemnation.
2. An Ordinance authorizing the City Manager to enter into
an agreement with the Virqinia Electric and Power Company,
granting an easement across City property for the purposes
of supplying electricity to the Columbus Street Pump
Station.
3. An ordinance to amend and reordain Section 22-76 of the
Code of the City of Virginia Beach pertaining to the
sale or transfer of a licensed vehicle.
4. Bingo/Raffle Permits:
Bingo Sertoma Club/King's Daughters
Bingo Virginia Country Music Associa-
tion
Raffle Trinity Church in Green Run
5. Request of Mr. John Atkinson, City Treasurer, for tax
refunds in the amount of $751.75.
H. PLANNING ITEMS
1. VOTED TO RECONSIDER THIS MATTER ON FEBRUARY 25, 1980
Application of Rachel M. and Lawrence Kurtz for a change of
zoning from R-5 Residential District to I-1 Light Industria
District on a 4.548-acre parcel located on the west side
of South Birdneck Road, south of Beautiful Street (Lynn-
haven Borough).
a. The City Manager's letter transmits the request of
the applicant for WITHDRAWAL.
H. PI.ANNING ITEMS (continued)
2. THIS MATTER WAS DEFERRED UNTIL TODAY ON FEBRUARY 25, 1980
Application of Helen L. Foos for a conditional use permit
for dune disturbing activity on a 2.5-acre parcel located
at the southeast intersection of South Atlantic Avenue
and Maryland Avenue (Lynnhaven Borough),
a. The City Manager's letter transmits the recommendation
of the Planning Commission for DENIAL.
3. Application of The Tidewater Radio Control Model Airplane
Club and Edward J. Jaime for a conditional use vermit for
recreational facilities of an outdoor nature (model air-
plane flyinq and displayl on a 9.275-acre parcel located
on the west side of Princess Anne Road, south of Munden
Point Road (Pungo Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for APPROVAL.
4. Application of Ronald W. Neighbors for a conditional use
permit for one-fainily detached dwellings on a 70-acre
parcel located northwest of the intersection of Charity
Neck and Gum Bridge Roads (Pungo Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for DENIAL.
5. Application of Robert T. Banes for a change of zoning from
AG-1 Agricultural District to 0-1 office District oh a
.4908-acre parcel located on the south side of Landstown
Road, east of Princess Anne Road (Princess Anne Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Coinmission for APPROVAL.
6. Application of Plastic Surgery @enter, Inc., Employees'
Pension Plan and Thomas C. Broyles for a change of
zoning from R-8 Residential District to B-2 Community-
Business District on a 1.429-acre parcel located on the
east side of General Booth Boulevard, south of South Bird-
neck Road (Princess Anne Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for APPROVAL.
7. Application of Norman D. Ferguson, Jr., 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 site located on the
south side of Aura Drive, east of Princess Anne Road, into
two lots.
a. The City Manager's letter transmits the recommendation
of the Planning Commission for DENIAL.
8. Application of M. Bagley and Janet T. Walker for a variance
to Section 4.4(d) of the Subdivision Ordinance which
requires that each lot created in a subdivision have direct
access to a public street. This site is located on the
south side of 8hell Road, at its intersection with North-
ampton Boulevard. This site currently consists of two lots,
which if resubdivided as proposed, would remain as two lots.
a. The City Manager's letter transmits the recommendation
of the Planning Commission for APPROVAL.
ORDINANCES
1. Appropriations
a. Second Readings
1. ordinance authorizing the issuance of $9,100,000
Water and Sewer Revenue Bonds of the City of
Virginia Beach, Virginia.
2. An Ordinance to accept a grant totaling $35,012
from the Division of Justice and Crime Prevention
and to appropriate these funds.
3. An Ordinance to appropriate funds of $47,988
towards the replacement of a compactor at Landfill
ii.
b. First Readings
1. An Ordinance to transfer funds of $60,000 within
the Department of Public Utilities for a rate study.
2. An ordinance to appropriate funds for the operation
of the Tourist Information Center and to establish
positions therefor.
3. An Ordinance to appropriate funds, in the amount of
$11,145, for the operation of a shuttle bus service
in Virginia Beach through June 30, 1980 and to
authorize City Manager to enter into agreement with
Tidewater Regional Transit.
J. OLD BUSINESS
1. Mr. Leigh P. Forbes, President, Forbes Candies, Inc., to
discuss the parking situation in the virginia Beach
Borough, 20th thru 23rd Street and Atlantic Avenue.
K. NEW BUSINESS
1. RESOLUTIONS
a. Resolution to apply for Community Development Block
Grant funds for the Sixth Prograin Year.
Resolution authorizing the City Manager to amend the
Community Development Housing Assistance Plan to
conform with the City of virginia Beach Land Use Plan.
b. Resolution for the sale of Bond Anticipation Notes
K. NEW BUSINESS (continued)
2. Mr. Gerald L. Kerr, III, Attorney, regardinq Kinqs Point
Ditch
3. Councilman Riggs; Jarvis Corporation:"Tele corrmunications"
L. ADJOURNMENT
I
M. I N 1J T E S
VIRGINIA BEACH CITY COU-NCIL
Virginia Beach, Viroinia
24 March 1980
The Regular Meeting of the Honorable Cit,/ 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, 24 March 1980, at five-thirty
o'clock in the evening.
Council rlembers Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
4enley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council @lembers Absent:
Clarence A. Holland*, and Donald W. Plerrick
ITEM #14902
M,ayor Standing entertained a motion to allow @louncil to conduct its INFOR@IAL
SESSION and then recess into EXEC(ITIVE SESSION for:
1. Discussion or consideration of emr)loyment, 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. Investing of public funds where competition or bargaining are
involved where, if made public initially, the financial interest
of the governing unit would be adversely affected. (Financial
tlatters).
4. Consultation with legal Counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the
public body. (Legal Matters).
Upon motion by Vice Mayor McCo@/, seconded by Councilman Baum, City Council voted
to recess into the EXECIITIVF SESSION following the INFORMAL SESSIOIJ.
Voting: 9-0
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Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Donald @,i. Plerrick
*COUNCILMAN HOLLAND ENTERED MEETING AT 5:35 p.m.
I N F 0 R M A L S E S S I 0 N
LETTERS ON KINGS POINT DITCH ITEM #14903
Councilman Baum discussed with Council the large quantitv of mail received from
the residents of Kings Point regarding the drainage ditch.
"OIJR OWN" NEWSPAPER ITEM #14904
Councilman Ferrell made reference to the "Our Own" Newspaper which was recentlv
removed from the Virginia Beach Libraries.
Mayor Standing indicated he would announce in the FORMAL SESSION all persons
wishing to meet with the Virginia Beach Library Board could do so on Monday,
7 April 1980 at 10:00 a.m., in the Virginia Beach Civic Center (Dome).
SPECIAL @IEETING-31 riARCH 1980 ITEM #14905
The City Manager reminded Council of the Special Meeting to be held on 31 March
1980, at 1:00 p.m., for the presentation of the proposed Operating Budget for
Fiscal Year 1980-1981.
The City Manager indicated, due to State Law, an additional Special rleeting vjill
have to be held on 30 April 1980, for the purpose of holding a Public Hearing on
the proposed Budget.
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RESOLUTION-SONDS ITEM #14906
The City Manager presented to Council the Resolution authorizing the issuance of
$9,100,000 'Aater and Sewer Revenue Bonds of the City of Virginia Beach, Virginia,
Series of 1980, and indicated the Ronding Counsel had not sent the Resolution to
the City Attorney in time for the Agenda.
COMPREHENSIVE PLAN ITEM #14907
The City Manager presented to Council the printed Comprehensive Land Use Plan,
and indicated that due to recent Court cases the Plan needs to be modified.
ENCROACHtA.ENTS INTO ATLANTIC AVENIJE ITEM #14908
The City Manager discussed with Council the requests from property owners at
the North End of Virginia Beach to permit volleyball stands to remain on the
beaches.
The volleyball stands are to be maintained by the Department of Parks and
Recreation.
LYNNHAVEN PARKWAY - PHASE III ITEM #14909
The City Manager discussed with Council the detotir of Lynnhaven Parkway and Cox
Bridge for construction of the bridge. The hours will be from 9:00 a.m, thru
3:00 p.m., from Tuesday thru Thursday.
NORTH VIRGINIA BEACH STREET ITEM #14910
IMPROVEtIE@ITS TO SIDE NUMBERED
STREETS
The City Manager discussed with Council the design plans for several numbered
streets within the limits of 75th Street to 80th Street; and, a discussion of
cul-de-sac improvements in this area.
Mr. C. Oral Lambert, Director of Public Works, appeared before Council in
the INFOPMAL SESSION to discuss this matter, and made reference to the
CONCLUSIONS AND RECOMMENDATIONS OF THE MAYOR'S COMMITTEE ON NORTH VIRGINIA
BEACH, Section 7 (d) and (e). (EXHIBIT "A")
TO(JRIST INFORMATION CENTER ITEM #14911
The City Manager discussed with Council the City's temr)orary take-over of the
Tourist Information Center, with funding from the Virginia Beach Innkeepers
Association.
This matter will be on the FORPIAL AGENDA for discussion and vote.
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SHUTTLE BUS SERVICE ITEM #14912
The City Manager discussed with Council the shuttle bus service which will
operate in Virginia Beach between hotels, motels, the Pavilion and parking
lots.
The cost will be twenty-five cents (25cts) per ride; however, if parking at
the Pavilion there is no cost to ride the shuttle bus. TRT will pay half
the cost of running the shuttle buses.
This matter will be on the FORMAL AGENDA for discussion and vote.
City Council recessed to the EXECUTIVE SESSION (6:35 p.,m.) for briefing prior
to the FORMAL SESSION in the Council Chambers.
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(EXHIBIT "A")
CONCLUSIONS AND RECOMFIENDATIONS
OF THE
MAYOR'S COMMITTEE ON NORTH VIRGINIA BEACH
1. General Considerations
a. Present plans indicate major utility improvements consisting of
new sanitary sewerage service, new storm drainage service, improved
water distribution service, and expansion of Atlantic Avenue.
b. Additionally, significant problems exist with respect to parking,
traffic, circulation, beach access and maintenance, flood pro-
tection, recreation, and public safety.
c. At the least, the various plans for utility improvements must be
coordinated to produce the most efficient utilization of manpower
and public funds and the least disruption to residential and
commercial property owners.
d. Additionally, whatever other physical and operating improvements
are made within the North Virginia Beach area should be coordinated
in such a way so as to reduce functional and aesthetic conflicts
and to promote the orderly distribution of land uses.
II. Sanitary Sewerage, Water and Storm Drainage Service
a. The installation of new services and the improvement of existing
services should be accomplished in a coordinat(-'d manner;
specifically: water, sewerage, drainage and street improvements
should be provided concurrently within each section of North
Virginia Beach so as to maintain individual street disruption
at a rninimum.
b. Present plans do not call for water line improvements along the
parallel numbered streets. In an effort to solve existing
problems caused by insufficient line size (most are 2" lines)
and noncontiguous systems (most are dead-end lines) and in an
effort to reduce additional disruption to neighborhoods and
streets, water line improvements should be made concurrently
with sanitary sewerage and storm drainage installation.
c. North Virginia Beach is fortunate to have a significant number of
old and very beautiful trees and bushes indigenous to the Coastal
Plain. During construction of the various utility improvements,
particular care should be exercised to preserve as many of these
trees as possible in an effort to retain the ecological quality
of the area. Where feasible from an engineering standpoint, the
location of collection and distribution lines under a paved
section of the road should be considered preferable to the
destruction or removal of significant trees and bushes.
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III. Telephone and Electric Service
a. The functional and aesthetic conflicts caused by the transmission
of telephone and electric service via overhead lines should be
corrected by the installation of underground service along the
Atlantic Avenue corridor during construction of the other major
utility systems. Additionally, consideration should be given to
the underground installation of telephone and electrical service
along the parallel numbered streets between Cavalier Drive and
89th Street and, if appropriate, installed during utility in-
stallation in these streets.
IV. Beach Access and Maintenance
a. Along bulkheaded portions of the Oceanfront, access should be provided
at each street end by the minimum provision of sidewalks and stairs.
Along portions of the Oceanfront where the dune system is intact, care
should be taken to preserve the dune by providing pedestrian walkovers
(or some controlled access) from the end of the paved section of the
street down to the beach.
b. Litter receptacles should be increased in number to encourage their
use and the City should continue to provide collection service on a
daily basis.
c. Beachfront maintenance consisting of said cleaning and debris collection
(flotsam and jetsam, etc.) should be initiated to promote the more
efficient utilization of beach area and to preserve its aesthetic
and sanitary quality.
d. The Committee supports Chapter 5, Section 5-43 of the Code of the
City of Virginia Beach with respect to the controlling of dogs on
public beaches in residential areas. A significant number of
violations in this Ordinance have gone unnoticed and in an effort
to promote public health, additional monitoring and enforcement is
needed.
V. Recreation
a. The North Virginia Beach area has inadequate recreational facilities.
Neighborhood parks should be developed to discourage the indiscriminate
use of streets for play by children. Parks should be centrally located
and developed to encourage walk-in usage and not promote additional
automobile traffic.
b. Additionally, the possibility of utilizing the 4-H property in
Seashore State Park as a community park should be investigated.
c. If and when all or portions of Fort Story are declared "excess" to
federal government need, a Park Development Plan similar to the
proposal outlined by the Virginia Beach Develo'r)ment Council
(Research and Advisory Council) should he undertaken by the Division
of State Parks.
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d. The Fifth Naval District Officer's Club complex located on the
Oceanfront between 67th and 68th Streets (operated by the Norfolk
Naval Air Station) represents a potentially under-utilized
recreation asset, especially during the winter months. Consideration
should be given to the possible use of this complex during the off-
season by the Department of Parks and Recreation. To this end, the
City should initiate discussion with the Navy to conclude a possible
agreement.
VI. Public Safety
a. The City should pursue the development of a joint Fire and Rescue
Station along the Atlantic Avenue corridor to reduce the response
time of public safety units due to trip length and summer traffic
congestion.
b. We support the study being undertaken by the Virginia Beach Safety
Council relative to conflicting activities on the beachfront, such
as volleyball, football, frisbee, sailing, surfing, paddleball.
We urge that this study be completed so that recommendations can
be implemented prior to next summer.
VII. Street Improvements
a. In an effort to define property boundaries, circulation patterns,
parking areas, property access, and promote public safety, aesthetics
and convenience, each parallel street between Cavalier Drive and 89th
Street, between Holly Road and Oceanfront Avenue, should be improved
in accordance with Standard Drawing 2.6 of the Engineering Standards
of the City of Virginia Beach. This improvement includes the con-
struction of 2-13' parallel lanes with outside curb and gutter. The
cost of these improvements should be borne by the City and the
adjacent property owners pursuant to City policy. At present, this
policy indicates that the property owner will be responsihle for
100% of the materials and installation cost of the curb and gutter
along his respective property frontage and that the City will be
responsible for constructing the pavement widening and final dress-
up to complete the work. At today's costs, the pro'nerty owner would
be responsible for paying approximately @5.50/front foot or $275.00
for a 50' lot. Additionally, sidewalks should be considered or possihle
construction depending upon the petition of adjacent property owners.
The cost of this improvement should be borne by the City and the
adjacent property owners as above, with the property owner responsible
for 100% of the cost of materials. At today's costs, the property owner
would be responsible for paying approximately $1.75/front foot or $87.50
for a 50' lot.
b. Streets having less than a 50' right-of-way should also be improved
according to City engineering standards. The cost of these improve-
ments should be borne as above.
c. Oceanfront Avenue should be improved according to City engineering
standards. The cost of these improvements should be borne as above.
d. Streets which intersect Seashore State Park should be improved in
accordance with Standard Drawing 2.6 of the Engineering Standards
of the City of Virginia Beach and a rninimum turn-around area with
curb and gutter provided abutting the Park property line.
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e. Streets which do not intersect Oceanfront Avenue but dead-end land-
ward of the dune system should be improved in accordance with
Standard Drawing 2.6 of the Engineering Standards of the City of
Virg.inia Beach and a minimum turn-around area with curb and gutter
provided.
f .. The requirements of the Comprehensive Zoning Ordinance with respect
to visibility triangles ("Blind intersections") should be enforced
throughout North Virginia Beach, especially at those intersections
not improved by the above road projects.
g. An inventory of street lighting and speed limit/traffic control signs
should be conducted, and improvements made where necessary, to promote
public safety and convenience.
h. Utility improvements made along Atlantic Avenue Corridor (which include
the location of eight (8) pumping stations for sanitary sewerage (3) and
storm drainage (5) should not commit the City to an ultimate design for
road improvements on Atla t@ic Avenue until the road project has been
subjected to public hearings and discussion.
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EXISTING RIGHTS-OF-WAY WIDTHS
FOR PARALLEL STREETS IN NORTH VIRGINIA BEACH
BETWEEN CAVALIER DRIVE AND 89th STREETS
AND IMPACTS ASSOCIATED WITH PROPOSED STREET IMPROVEMENTS
Proi)osed Remaining Distance Between
Right-of-Way Number of Pavement Right-of- Property and
Width Streets Section Way Curb Lines
100, 6 301 70' 35'
80' 25 30' 50' 25'
701 6 30' 401 20'
50, 5 30' 20' 10,
401 8 301 10, 5.
30' 1 301 o, 0.
121 1 12' o, o,
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COT@NCIL
24 March 1980
7:15 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara tl.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Absent:
Donald t4. Merrick
INVbCATION: Reverend John Winstead, Pastor
Church of Christ at Creeds
RECOG.'IITION
(ITEM II-D.1) ITEM #14913
Mayor Standing recognized Girl Scout Troop 161 and Leaders 9orothy Holland and
Larry Holland. The Troop attended the Council meeting due to a rea.uirement for
a Merit Badge.
Miss Melody Stouch thanked Council for the honor of permitting them to attend
the meeting.
PROCLAMATION
(ITEM II-E.1) ITEM #14914
P R 0 C L A M A T I 0 N
WHEREAS, the Twentieth United States Decennial Census of Population
and Housing will be conducted beginning on April 1, 1980; and,
WHEREAS, all the citizens of Virginia Beach are to be enumerated in
this Census; and,
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WHEREAS, the information collected in the Census serves many useful
purposes, among which are apportionment of representation in Congress and other
legislative bodies, measurement of economic well-being of communities and their
residents, allotment of certain Federal and State tax revenues and other
financial aid to our communities, determination of future needs for public
services, and numerous other useful purposes; and,
WHEREAS, the accuracy and completeness of the Census for the City
of Virginia Beach will determine its population rank among other communities
of the Country.
NOW, THEREFORE, I, Patrick L. Standing, Mayor of the City of Virginia
Beach, do hereby proclaim April 1, 1980, as:
CENSUS DAY
in Virginia Beach, and do urge and implore all residents to cooperate fully
during the month of April with those who are charged with the responsibility
of this most important work.
Patrick L. Standing, Mayor
City of Virginia Beach
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PROCLAMATION
(ITEM II-E.2 ITEM #14915
P R 0 C L A M A T I 0 N
WHEREAS, the City of Virginia Beach proudly and humbly acknowledges its
historical value to the American way of Life; and,
WHEREAS, the shores of the Atlantic witnessed the shipwreck of the
DICTATOR in 1981; and,
WHERc@AS, in this shipwreck Captain Jorgensen, a Norwegian seaman, lost
his family but through that loss a great bond was created between the two seaport
cities of Virginia Beach, Virginia, and Moss, Norway; and,
WHEREAS, in 1974, the City of Virginia Beach officially adopted Moss,
Norway, as its "Sister City" to further the bonds of international friendship
and understanding; and,
WHEREAS, Captain Jorgensen, until his death, returned to Virginia Beach
each year to commemorate the occasion and pay tribute at the Statue of T@IE
NORWEC,IAN LADY, the City of Virginia Beach has continued its annual Memorial
Service:
NOW, THEREFORE, I, Patrick L. Standing, Mayor of the City of Virginia
Beach, do, by the powers invested in me, hereby proclaim Saturday, liarch 29, 1980,
as
NORWEGIAN LADY DAY
in Virginia Beach and recognize the Virginia Beach Borough Fire Department
Ladies Auxiliary for their.efforts to further the tradition as expressed in
the Norwegian Lady's inscription:
"I stand here as my sister before me to bid safe
passage to all men at sea."
Given under my hand and seal this Twenty-fourth day of March @lineteen Hundred
and Eighty.
Patrick L. Standing -
tlayor
City of Virginia Beach
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Mayo,r Standing presented the above Proclamation to the Ladies Auxiliary to the
Virginia Beach Borough Volunteer Fire Department.
RESOLUTIOr4
(ITEM II-E.3 ITEM #14916
R E S 0 L U T I 0 N
WHEREAS, April 1, 1980, has been proclaimed as Census Day in
Virginia Beach; and,
WHEREAS, this Census will mean a complete and accurate population
count to the City of Virginia Beach for the distribution of Federal and
State funds and representation to the Federal and State legislative bodies;
and,
WHEREAS, in their efforts to assist the City of Virginia Beach with
the 1980 Census, Creative Displays, Inc., has contributed three billboards to
be located in highly-visible locations throughout the City advertising the
Census; and,
WHEREAS, the citizens of the City of Virginia Beach will benefit
greatly from the efforts of Creative Displays, Inc.
NOW, THEREFORE, BE IT RESOLVED that members of the Council of the
City of Virginia Beach would like to express their appreciation for this
contribution by Creative Displays.
Patrick L. Standing, Mayor
Mayor Standing presented the Proclamation to Mrs. Sandy Rymer, Creative
Displays.
Mrs. Rymer presented to Mayor Standing a miniature billboard regarding the
1980 Census.
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PRESENTATION
(ITEM II-D.2) ITEM #14917
Mr. Fred Glanville, President, Sun Wheelers, appeared before City Council and
presented Mayor Standing with a Plaque indicating that the Department of Parks
and Recreation is a Corporate Member in the Sun Wheelers, Inc.
MINUTES
(ITEM II-F.1) ITEM #14918
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council
voted to APPROVE the Minutes of the Regular Meeting of 17 @larch 1980.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henlev, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
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CONSENT AGENDA
(ITEM II-G.1) ITEM #14919
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.
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to APPROVE the following Ordinance to authorize acquisition of property
in fee simple for right-of-way for Independence Boulevard (through Timberlake)
project and the acquisition of temporary and permanent easements of right-of-
way, either by agreement or by condemnation:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry tIcCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Counci.1 Members Voting Nay:
None
Council Memheys Absent:
Donald tl. Merrick
3 2 4/ 8 0
-1 6-
900@'2055 p4ri'190
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIG.HT-OF-WAY FOR INDEPENDE@ICE
BOI)LEVARD (THROUGH TIMBERLAKE) PROJECT AND THE
ACQUISITION OF TEMPORARY AND PERPIANENT EASEMENTS
OF RIGHT-OF-WAY, EITHER BY AGREEME@JT OR BY
CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of this
important roadway to provide transportation and for other public purposes for
the preservation of the safety, health, peace, good order, comfort, convenience,
moral and for the welfare of the people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and
directed to acquire by purchase or condemnation pursuant to Section 15.1-235 et seq.
and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain
real property in fee simple, including temporary and permanent easements of
right-of-way as shown on the plans entitled, "Location liap - Independence
Boulevard," said map being on file in the office of Real Estate, Department of
Public Works, Municipal Center, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make
or cause to be made in behalf of the City of Virginia Beach, to the extent that
funds are availahle, a reasonable offer to the owners or persons having an
interest in said lands, if refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist
and this Ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenth-fourth day of March 1980.
T,ue C. y
cial P,@co,d f th*
Pf@ Vi,gi@ia Beach, dt@d t@
-1 7-
CONSENT AGENDA
(ITEM II-G.2) ITEM #14920
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to APPROVE the following Ordinance authorizing the City Manager to enter
into an agreement with the Virginia Electric and Power Company, granting an
easement across City property for the purposes of supplying electricity to the
Columbus Street Pump Station:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara PI.
Henley, Clarence A. Holland, Vice Mayor J. Henry flccoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
3 2 4/ 8 0
AN ORDINA@ICE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE VIRGINIA
ELECTRIC AND POWER COMPAtlY, GRANTING AN EASE-
MENT ACROSS CITY PROPERTY FOR THE PURPOSES
OF SUPPLYINR@ ELECTRICITY TO THE COLUMBUS
STREET PUMP STATION.
WHEREAS, the City of Virginia Beach nepartment of Public Utilities
has constructed a pump station and related water facilities on Columbus Street
in the City of Virginia Beach, Virginia; and,
WHEREAS, it is necessary for the operation of the said pump
station and its facilities that it be supplied with electrical service
by the Virginia Electric and Power Company; and,
WHEREAS, Virginia Electric and Power Company requires a permanent
easement from the City of Virginia Beach across the City's r)roperty before it
will supply electric service to said pump station.
NOW, THEREFORE, BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager of the City of Virginia Beach, Virginia,
is hereby authorized to enter into an Agreement of Easement, dated February 27,
1980, between the City of Virginia Beach and Virginia Electric and Power Company
the perpetual right-of-easement, ten feet in width, to lay, construct and operate
lines and related electrical facilities for the purpose of supplying electricity
to the Columbus Street Pump Station, said easement to be shown on plat No. 34829
of the Virginia Electric and Power Company, a copy of Said Agreement and plat
being attached hereto and made a part hereof.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-fourth day of March 1980.
3 / 2 4/ 8 0
-1 9-
THIS AGREEMENT, made this 27th day of uar,, 1980, between
THE CITY OF VIRCINIA BEACH, a Virginia@unicipal Corporation, Tereinafter
called "Owner," and VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia Corporation,
hereinafter called "Company."
VI I T N E S S E T H
That for the sum of One Dollar ($1.00), and other valuable
considerations, the receipt whereof is hereby acknowledged, Owner gran+s
unto Company and its successors the perpetual right, privilege and easement
of right-of-way ten (10) feet in width to lay, construct, operate and main-
tain one or more lines of underground conduits and cables, as Company may
from time to time deed expedient or advisable, located on the right-of-way
hereinafter described, for the purpose of transmitting and distributing
electric power by one or more circuits; together with all wires, conduits,
cables, transformers, transformer enclosures, concrete pads, manholes, hand-
holes, connection boxes, ground connections, meters, attachments, equipment,
accessories and apptirtenances desirable in connection therewith (hereinafter
referred to as "facilities"), over, under, across and through certain lands
of Owner situated in The City of Virginia Beach, Virginia, as shown on Plat
No. R/Vl 34829 hereto attached and made part of this agreement, the location
of the center line of such right-of-way being shown in broken lines on such
plat.
The facilities erected hereunder shall remain the property of
Company. Company shall have the right to inspect, rebuild, remove, repair,
improve, relocate on the right-of-way described above, and make such changes,
alterations, substitutions, additions to or extensions of its facilities as
Company mav from time to time deem advisable.
Company shall at all times have the right to keep the right-of-way
clear of all buildings, structures and other obstructions (except fences),
trees, roots and undergrowth. Company shall promptly remove from the right-of-way
any trash or debris resulting from the exercise of the rights hereby granted. All
trees and lirqbs cut by Company at any time shall remain the property of Owner.
For the purpose of constructing, inspecting, maintaining or operating
its facilities, Company shall have the right of ingress to and egress from the
right-of-way over the lands of Owner. Company shall exercise such right in such
manner as shall occasion the least practicable damage and inconvenience to Owner.
Company shall repair damage to roads, fences or other improvements and shall pay
for all other damage when such damage results from the construction, inspection, or
maintenance of Company's facilities, provided Owner gives written notice thereof
to Company within sixty (60) days after such damage occurs.
Owner, its successors and assigns, may use the right-of-way for any
purpose not inconsistent with the rights hereby granted, provided such use does
not interfere with or endanger the construction, operation and maintenance of
Company's facilities and provided that no buildings, structures or other obstructions
(except fences) may be constructed on the right-of-way.
It is further understood and agreed between the parties hereto that:
The rights granted herein to Company are non-exclusive and Owner
shall at all times have the right to make or grant such other use of the
easement area as shall not be inconsistent with the exercise by Company of ttle
rights and privileges granted to it hereunder.
3/24/BO
-20-
The easement hereby granted is subject to existing rights, if
any, of third persons to the extent that such rights are of record so as
to constitute constructive notice to Company.
If Company shall discontinue the use of the easement area all
rights granted hereby shall cease and terminate, and upon dergand of Owner,
Company will at its cost and expense remove its facilities from the ease-
ment area and restore the land to substantially the condition in which it
was at the time when the easement was granted.
[Jpon demand by Owner, and upon the granting to Company of an
equivalent right-of-way in a reasonably practicable location, and payment
to Company of the actual cost of relocating its facilities to such new
right-of-way, exclusive of any additions and betterments, Company will re-
locate its facilities upon such right-of-way. Whereupon all rights hereby
granted in respect of the vacated portion of the right-of-way herein described
shall cease and terminate.
IN WITNESS WHEREOF, Owner has caused its name to be signed hereto
by its , and its Corporate Seal to be hereunto affixed and attested
by its , as of the day and year first above written, pursuant to an
Ordinance adopted by its Council on the _ day of , 19 and
Company has caused its name to be signed hereto by its Vice President as @f the
day and year first ahove written.
THE CITY OF klIRGINIA BEACH
By
Attest:
VIRGINIA ELECTRIC AND POWER CO@IPA@IY
8
-2-
3 / 2 4/ 8 0
21 -
STATE OF VIRGINIA,
City of Virginia Beach, to-wit:
I, a Notary Public in
and for the City and State aforesaid, whose commission ex,')ires
do hereby certify that
and , whose names are signed to the fore-
going writing dated the ay of 19 as
and respectively,
of the City of Virginia Beach, have acknowledged the same before me on this
day of , 19-, in the City and State aforesaid,
Given under my hand this _ day of 19-.
Notary Public
STATE OF VIRCINIA,
City of Norfolk, to-wit:
I, Carroll L. Herndon a Notary Public in and
for the Citv and State aforesaid, whose commission expires August 1, 1982
do hereby certify that Harrison Hubard , whose name is signed to the
foregoing writing dated the 27th day of February , 1980, as Vice
President of Virginia Electric and Power Companv, has acknowledged the same
before me this 27th day of February , 1980, in the City and State aforesaid.
Given under my hand this 27th day of February, 1980.
Notary Public
-3-
3 / 2 4/ 8 0
- 22-
CONSENT AGENDA
(ITEM 11-G.3) ITEM #14921
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to APPROVE the Ordinance to amend and reordain Section 22-76 of the Code
of the City of Virginia Beach pertaining to the sale or transfer of a licensed
vehicle:
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Heilry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
3 2 4/ 8 0
- 23-
ReqLiested by: City Treasurer
AN ORDINANCE TO AMEND AND REORDAIN SECTION
22-76 OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE SALE OR TRANSFER
OF A LICENSED VEHICLE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-76 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained as follows:
Section 22-76. Sale or transfer of licensed vehicle.
Any person who sells or transfers a registered motor vehicle pre-
viously registered under this article may
naFRe-aA4- address-ef -the -owner-a Ad-a -d eser4pt4 es-@ -f -the -Retee -y eh4e;e- f er
present the old decal (or parts thereof) and a
validated receipt for such decal to the Treasurer's Office with a bill of sale,
title or registration for a new vehicle and a duplicate decal will be issued for
a fee of one dollar ($1.00).
Adopted by the City Council of the City of Virginia Beach, Virginia,
on the 24th day of March 1980.
3 / 2 4/ 6 0
- 24-
CONSENT AGENDA
(ITEM II-G.4) ITEM #14922
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to APPROVE the following Bingo/Raffle Permits:
Sertoma Club/King's Daughters Bingo
Virginia Countrv Music Association Bingo
Trinity Church in Green Run Raffle
Voting: 10-0
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.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
3 2 4/ 8 0
25-
CONSENT AGENDA
(ITEM II-G.5) ITEM #14923
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to APPROVE the request of Mr. John T. Atkinson, City Treasurer, for tax
refunds in the amount of $751.75:
Voting: 10-0
Council tlembers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara @l.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
3 2 4/ 8 0
-26-
ITEM #14924
Mayor Standing indicated there will be no discussion tonight (24 March 1980)
regarding the "Our Own" Newspaper.
Those interested in speaking on the matter should attend the Public Library
Board meeting 7 April 1980 at 10:00 a.m. in the Virginia Beach Civic Center
(Dome).
PLANNING AGNEDA
(ITEM II-H.7) ITEM #14925
MAYOR STANDING PERMITTED THIS PLANNING ITEMS TO BE TAKEN OIJT OF SEQIJENCE.
Mr. Norman n. Ferguson, Jr., applicant, appeared requesting a deferral of
three (3) weeks (14 April 1980).
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to DEFER FOR THREE (3) WEEKS (14 April 1980) the application of NORMAN
D. FERGUSON, JR., as per the following:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance for Norman D. Ferguson, Jr. Property
located on the South side of Aura Drive, 640
feet East of Princess Anne Road. Plats with
more detailed information are available in the
Department of Planning.
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 site located on the South
side of Aura Drive approximately 640 feet East
of Princess Anne Road, into two (2) lots.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara @l.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne Roger L. Riggs, and
Mayor Patrick L. Standing
3 / 2 4/ 8 0
2 7-
Council Members Voting Na@lt:
None
Council Members Absent:
Donald W. Merrick
PLANNING AGENDA
(ITEM II-H.1) ITEM #14926
Upon motion by Councilman Baum, seconded by Councilman Holland, City Council
voted to PERMIT WITHDRAWAL of the application of Rachael M. and Lawrence
Kurtz for a Change of Zoning District Classification, as per the following:
Ordinance upon application of Rachael M. and
Lawrence Kurtz for a Change of Zoning District
Classification from R-5 Residential District
to I-1 Light Industrial District on certain
property located on the West side of South
Birdneck Road beginning at a point 801.18
feet South of Beautiful Street, running a dis-
tance of 207.20 feet along the West side of
South Birdneck Road, running a distance of
1012.89 feet along the Southern property line,
running a distance of 200.61 feet along the
Western property line and running a distance
of 961.32 feet along the @lorthern property line.
Said parcel contains 4.548 acres. LYNNHAVEN
BOROUGH.
Voting: 10-0
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.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
3 / 2 4/ 8 0
-2 8-
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
PLANNING AGENDA
(ITEM II-H.2) ITEM #14927
Attorney Frank R. Butler appeared in behalf of the applicant.
Mr. James Fox, Engineer, appeared regarding this matter
The following appeared in opposition:
Mr. Tom Aiken r('presenting Croatan Property
Mr. Gary Pope representing Rudee Inlet Civic League
Mr. David Fuller, resident and member of Rudee Inlet Civic League
Mr. Jean Johnson, resident in area
Mr. Robert J. Smith, President of the Chesapeake Beach Civic League
Upon motion by Councilman Ervin, seconded by Mayor Standing, City Council voted
to DEFER FOR THREE (3) WEEKS the application of HELEN FOOS for a Conditional
L)se Permit, as per the following; sub-iect to the inclusion of the following
for consideration of the application: (in addition to the five (5) conditions
as outlined in thp City Manager's letter):
1. Septic tanks and Class II-B @ells.
2. Reconstruction of the dune in accordance with the
City's engineering specifications.
3. All construction to be confined to those lots with
frontage on South Atlantic Avenue.
4. The )rimary dune crest be relocated no farther seaward
than the 15-foot lane shown on the site plan subniitted
in conjunction with this a,)plication.
5. No disturbance or vegetative removal seaward of the
above-mentioned lane.
Consideration of the application is to include the following:
1. Does not meet the total intent of the Code (possi,@le
reduction in number of units).
2. Recordablea-reegientstating the remaining lots would
not be sold, but would be part of the five (5) units
buildable.
3 2 4/ 8 0
3. There shall be a "share" access by the two access
points, through the dune line.
4. The septic tank fields not be sold until there is
public water and sewer.
5. The Staff is to meet with Mr. Fox on this matter.
Voting: 7-3
Council Members Voting Aye: (for deferral)
,John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Meyera E. Oberndorf, J. Curtis Payne, and Mayor
Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, Vice Mayor J. Henrv McCoy, Jr., and
Roger L. Riggs
Council Members Absent:
Donald W. Merrick
3 2 4/ 8 0
- 30-
PLANNING AGENDA
(ITEM II-H.3) ITE@L #14928
Mr. Edward J. Jaime appeared in behalf of his application.
Mrs. Elizabeth Ealy, Back Bay Civic League, appeared in opposition,
and presented petitions which will be made a part of these proceedings.
Councilwoman Henley made a motion, seconded by Councilman Baum, to DENY the
application of The Tidewater Radio Control Model Airplane Club and Edward
J. Jaime for a Conditional Use Permit for recreational facilities of an out-
door nature (Model Airplane flving and display).
Voting: 5-5
Council Members Voting Aye: (for denial)
John A. Baum, Barbara M. Henley, Meyera E. Oberndorf, J.
Curtis Payne, and Roger L. Riggs
Council Members Voting Na,/:
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice
Mayor J. Henr,, McCoy, Jr. and Mayor Patrick L. Standing
Council Members Absent:
Donald W. Merrick
DUE TO A TIE VOTE THE MOTION WAS LOST.
Upon motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE the
application of THE TIDEWATER RADIO CONTROL TIODEL AIRPLANE CLUB AND EDI@IARD J.
JAIME for a Conditional Use Permit, as per the following; subject to the four
(4) conditions as outlined in the City Manager's letter:
3 / 2 4/ 8 0
-31-
ORDINANCE UPON APPLICATIO@L OF THE TIDEWATER R0380307
RADIO CONTROL MODEL AIRPLANE RLUB AND EDWARD
J. JAIME FOR A CONDITIONAL USE PERMIT FOR
RECREATIONAL FACILITIES OF AN OUTDOOR INATIIRE
(MODEL AIRPLANE FLYING AND DISPLAY)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of The Tidewater Radio
Control Model Airplane Club and Edward J. Jaime
for a Conditional Use Permit for recreational
facilities of an ou door nature (model airplane
flying and display) on certain property located
on the West side of Princess Anne Road beginning
at a point 541.84 feet South of Munden Point Road,
running a distance of 296.48 feet along the West
side of Princess Anne Road, running a distance
915 feet along the Southern property line, running
a distance of 460 feet more or less in a North-
westerly direction, running a distance of 233.79
feet in a Southwesterly direction, running a dis-
tance of 207.62 feet the Western property line and
running a distance of 1394.97 feet along the
Northern property line. Said parcel contains 9.275
acres. PUNCO BOROTJGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. A revised site plan showing the proposed
storage facilities and parking area re-
quired.
2. Sanitary facilities are to be provided.
3. This operation rnay be conducted only during
daylight hours.
4. Approval is for a period of one (1) year.
This Ordinance shall be effective upon date of adoption.
Adopted b@, the Council of the City of Virginia Beach, Virginia, on the
day of March, 1980.
Voting: 6-4
3/ 2 4/ 8 0
3 2-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, and Mayor Patrick L.
Standing
Council Members Voting Nay:
Barbara M. Henley, Meyera E. Oberndorf, J. Curtis Payne,
and Roger L. Riggs
Council Members Absent:
Donald W. Merrick
3 2 4/ 8 0
- 33 -
PLANNING A(,ENDA
(ITEM II-H.4) ITEM #14929
Mr. Ben Hubbard appeared in behalf of the applicant.
The following appeared in opposition:
Mrs. Helen Love
Mr. Cecil Nichols
Upon motion by Councilwoman Henley, seconded by Councilwonian Oberndorf, City
Council voted to uphold the recommendation of the Planning Commission and
DENY the application of RONALD W. NEICHBORS for a Conditional Use Permit
for one family detached dwellings, as per the following:
Ordinance upon application of Ronald W. Neighbors
for a Conditional Use Permit for one familv detached
dwellings on certain propertv located on the West
side of Charity Neck Road beginning at a point 480
feet more or less North of Gum Bridge Road, running
a distance of 1510 feet more or less along the West
side of Charity Neck Road, r@inning a distance of
200 feet in a @iesterly direction, running a distance
of 300 feet in a Northerly direction, running a.dis-
tance of 1030 feet more or less along the Northern
propertv line, running a distance of 1980 feet more
or less along the Western property line, running a
distance of 1400 feet more or less along the North
side of Gum Bridge Road, running a distance of 190
feet in a Northerly direction, running a distance
of 350 feet in an Easterly direction, running a
distance of 150 feet in a Northerly direction and
running a distance of 150 feet in an Easterlv
direction. Said parcel contains 70 acres.
PUNGO BOROUGH.
Voting: 10-0
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.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
3 2 4/ 8 0
-3 4-
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
DENIAL OF THE ABOVE APPLICATION IS THAT PORTION FARTHER THAN 600 FEET FROM BOTH
CHARITY NECK AND GTJM BRIDGE ROADS.
PLANNING AGENDA
(ITEM II-H.5) ITEM #14930
Dr. Robert Banes appeared in behalf of his application.
Mr. Otis Meekins, Architect, represented the applicant.
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE the
application of ROBERT T. BANES for a Ch n @ ,@ -0 Di,trict Clas,ification,
' ' f '
as per the following; subject to the three (3 cnditions as outlined in the
City Manager's letter:
ORDINANCE IJPON APPLICATION OF ROBERT T. BANES FOR A Z0380491
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1
AGRICULTURAL DISTRICT TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Robert T. Banes for a
Change of Zoning District Classification from AG-1
Agricultural District to 0-1 Office District on
certain property located on the South side of Landsto%,In
Road beginning at a point 484.52 feet East of Princess
Anne Road, running a distance of 100 feet along the
South side of Landstown Road, running a distance of 209
feet along the Eastern property line, running a distance
of 104.64 feet along the Southern property line and
running a distance of 208.95 feet along the Western pro-
perty line. Said parcel contains .4908 acre. PRINCESS
ANNE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
3 2 4/ 8 0
5-
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and Sewer.
3. Right-of-way improvements will be necessary along
Landstown Road; this includes pavement widening,
curb and gutter, sidewall< 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
Twenty-fourth day of March, 1980.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, reorge R. Ferrell, Clarence
A. liolland, Vice Mayor J. Henry McCoy, Jr., J. Curtis
Peyne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Barbara M. ldenley, and Meyera E. Oberndorf
Council Members Absent:
Donald W. rlerrick
3 2 4/ 8 0
36-
PLANNING AGENDA
(ITEM II-H.6) ITEM #14931
Attorney Thomas C. Broyles appeared in behalf of the applicant.
Upon motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE the
application of PLASTIC SURGERY CENTEI@, INC., EMPLOYEES' PENSION PLAN AND THOMAS
C. BROYLES for a Change of Zoning District Classification, as per the following;
subject to the three (3) conditions as outlined in the City Manager's letter:
ORDINANCE TIPON APPLICATION OF PLASTIC SURGERY CE@ITER, Z0380492
INC., EMPLOYEES' PENSION PLAN AND THOMAS C. BROYLES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 RESIDr-.%ITIAL DISTRICT TO B-2 COM@1UNITY-BIISINESS
DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Plastic Surgery Center,
Inc., Employees' Pension Plan and Thomas C. Broyles,
for a Change of Zoning District Classification from
R-8 Residential District to B-2 Community-Business
District on certain property located on the East side
of General Booth Boulevard beginning at a point 425.16
feet South of South Birdneck Road, running a distance
of 95.90 feet along the East side of General Booth
Boulevard, running a distance of 481.14 feet along the
Southern property line, running a distance of 100.50
feet along the Eastern property line and running a
distance of 450 feet more or less along the Northern
property line. Said parcel contains 1.429 acres.
PRINCESS ANNE ROAD.
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. Right-of-way improvements will be necessary along
General Booth Boulevard; 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 wentv-fourth day of March, 1980.
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Voti ng: 8-2
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
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
Donald @l. Merrick
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PLANNING AGENDA
(ITEM II-H.8) ITEM #14932
Attorney George Pilcher appeared in behalf of the applicant.
Upon motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE the
application of DOCTOR BAGLEY T. WALKER for a Variance to Section 4.4(d) of the
Subdivision Ordinance, as per the following:
Appeals from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for M. Bagley and Janet T.
Ilalker, Property located on the South side of
Northampton Boulevard at the intersection with
Shell Road. Plats with more detailed information
are available in the Department of Planning.
The applicant requests a variance to Section 4.4(d)
of the Subdivision Ordinance which requires that
each lot created in a subdivision have direct access
to a public street. This site is located on the
South side of Shell Road, at its intersection with
Northampton Boulevard. This site currently consists
of two (2) lots, which if resubdivided as proposed,
would remain as two (2) lots.
Voting: 10-0
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.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nav:
None
Council Members Absent:
Donald W. Merrick
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ORDINANCES-SECOND READING
(ITEM 11-I.I.a) ITEM #14933
The following appeared in opposition:
Mr. Roy Barthalomew
Mr. Ernesi Kerekes
Upo6 motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to APPROVE ON SECOND READING the following Ordinance authorizing the
issuance of $9,100,000 Water and Sewer Revenue Bonds of the City of Virginia
Beach, Virginia:
Voting: 10-0
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.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
@layor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Merrick
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