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MARCH 13, 1978 CITY OF VIRGINII BEICI MUNICIPAL CENTER 'R.A.@t Lity- VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y@d@ 8 .... gh 1. HENRY M,COY, ],, D.D.S., VICE MAYOR PATRICK L. S7'ANDING, A, L.," MEYERA E. OBERNDORF, A, L.,g, JOHN A, BAUM, B.,..gb J. CURTIS PAYNE, P,i@,@,@ A..@ B.... gb ROBERT B. CROMWELL, I,, A, L.,g@ ROGER L. RFGGS, Vigi@i. B@.,b B--- gb GEORGE R. FERRELL,, A, L.,g@ FLOYD E. WATERFIELD, J,., P.@g. B.,..gb JOHN R. GRIFFIN, Ly@@b ... @ B@,.@gb A G E N D A RFCIIARD 1. WEBBON, Cily Cl@,k THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION BuILDING, PRINCESs ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, IN REGULAR SESSION, AT 1:00 P.M., ON MONDAY, MARCH 13, 1978 FOR THE PURPOSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND ACT UPON THE FOLLOWING ITEMS: 1. CALL TO ORDER BY THE HONORABLE CLARENCE A. HOLLAND, MAYOR, IN THE COUNCIL CONFERENCE Room. 2. ROLL CALL OF THE COUNCIL. 3. MOTION TO RECESS INTO INFORMAL DISCUSSION AND EXECUTIVE SESSION. UPON CONCLUSION OF THE EXECUTIVE SESSION, CITY COLINCIL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS. 4. INVOCATION WILL BE GIVEN AT 2:00 P.M., BY THE REVEREND JAMES W. RUSH, SCOTT MEMORIAL UNITED METHODIST CHURCH. VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGLANCE. 5. ROLL CALL OF THE COUNCIL. 6A. MINUTES OF THE REGULAR MEETING OF FEBRUARY 27, 1978 TO BE PRESENTED FOR ACCEPTANCE AND APPROVAL. B. MINUTES OF THE REGULAR MEETING OF MARCH 6, 1978 TO BE PRESENTED FOR ACCEPTANCE AND APPROVAL. 7. 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 SEPARTELY. A. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF SAND- FIDDLER ROAD AS REQUESTED BY BAILEY T. PARKER, JR., MARION W. PARKER AND DADSON ENTERPRISES. B. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR SOUTH BoULEVARD PROJECT 2-808 AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY ACQUISITION OR BY CONDEMNATION. c. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL AUTHORIZE TFE ACQUISI- TION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR INSTALLATION OF WATER AND OTHER PUBLIC PURPOSES FOR THE PRINCEss ANNE ROAD MAIN PROJECT #5-613 AND FOR THE ACQUISI- TION OF RIGHT-OF-WAY BY AGREEMENT OR BY CONDEMNATION. D. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE REQUEST OF MR. JOHN T. ATKINSON, CITY TREASURER, FOR TAX REFUNDS IN THE AMDUNT OF $1,023.41. E. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE FOLLOWING BINGo/RAFFLE PERMITS: VIRGINIA AssocIATION OF TFE DEAF BOARD OF DIRECTORS RAFFL.E VIRGINIA BEACH EDUCATION AssocIATION RAFFLE 8. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMTIENDATION OF THE PLANNING CoMrlISSION FOR DENIAL OF THE APPLICATION OF ERNEST G. VALIANOS FOR A CHANGE OF ZONING FRom R-8 RESIDENTIAL DISTRICT To B-2 COMMUNITY BUSINESS DISTRICT ON A 3.41 ACRE PARCEL LOCATED ON THE NORTH SIDE OF BAXTER ROAD, EAST OF PRINCESS ANNE ROAD (KEF@IPSVILLE BOROUGH) DEFERRED FRom FEBRUARY 27, 1978. 9. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF R & J ASSOCIATES FOR A CHANGE OF ZONING FROM AG-1 AGRICLLTURAL DISTRICT To R-6 AND R-9 RESIDENTIAL DISTRICTS, A-1 APARTMENT DISTRICT AND B-2 COMMUNITY-BusINESs DISTRICT ON 128.5 ACRES LOCATED ON BOTH SIDES OF OCEANA BOULEVARD NEAR THE INTERSECTION OF OCEANA BOULEVARD AND DAM NECK ROAD (PRINCESS ANNE BOROUGH). 10. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF JAMEs E. BAYLOR FOR A CHANGE OF ZONING FRom R-9 RESI- DENIAL DISTRICT To A-1 APARTMENT DISTRICT (MODIFIED FROM A-3 APARTMENT DISTRICT) ON A .85 ACRE PARCEL LOCATED ON THE WEST SIDE OF PLEASURE HOUSE ROAD, NORTH OF BRIGADOON DRIVE (BAYSIDE BOROUGH). ii. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR DENIAL OF THE APPLICATION OF J. ROLFE CRIFFIN FOR A CHANGE OF ZONING FROM R-6 RESIDEN- TIAL DISTRICT TO B-2 COMMUNITY BusINESS DISTRICT ON A 1.86 ACRE PARCEL LOCATED ON THE NORTH SIDE OF PROVIDENCE ROAD, WEST OF LORD DUNMORE DRIVE (KEmpsvILLE BOROUGH). 12. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR WITHDRAWAL OF THE APPLICATION OF JOSEPH A. BE@ENT AND ASSIGNS FOR A CONDITIONAL USE PERMIT FOR A DUPLEX ON A 6,000 SQUARE FOOT PARCEL LOCATED AT THE SOUTHEAST INTERSECTION OF 9TH STREET AND MEDITERRANEAN AVENUE (VIRGINIA BEACH BOROUGH). 13. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF BAYSHORE DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING FROM A-1 APARTMENT DISTRICT To B-4 RESORT COMMERCIAL DISTRICT ON A 14,000 SQUARE FOOT RARCEL LOCATED ON THE NORTH SIDE OF 34TH STREET, WEST OF PACIFic AVENUE (VIRGINIA BEACH BOROUGH). 14. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECO144ENDATION OF THE PLANNING COMISSION FOR: A. DENIAL OF AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I, SECTION 111 OF THE CZO PERTAINING TO DEFINITIONS REGARDING ZERO SIDE YARD SETBACK LINE. B. WITHDRAWAL OF AN ORDINANCE TO AMEND AND REORDAIN SECTION 4.4 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH RELATING TO LOTS. (ZERO SIDE YARD SETBACK LINES) c. APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN THE CZO BY AMENDING ARTICLE 1. SECTION 102 TO ESTABLISH AN R-7A RESIDENTIAL DisTRICT. D. APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN TF-E CZO BY AMENDING ARTICLE 5 TO ESTABLISH AN R-7A RESIDENTIAL DISTRICT 15. lF7TTER FROM THE CITY MANAGER TRANSMITTING TFE RECOMMENDAT10N OF THE PLANNING CONIMISSION FOR APPROVAL OF AN ORDINANCE TO AMEND-AND REOFZDAIN SECTION 9.3 OF THE &BDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH RELATING TO VARIANCES. 16. LETTER FROM THE CITY MANAGER STATING THAT JOHN P. PARKER IS APPEALING THE DECISION OF THE PLANNING COMMISSION WHICH DENIED A SUBDIVISION VARIANCE FOR A COMMERCIAL SUBDIVISION LOCATED NEAR THE HILLTOP SHOPPING CENTER AT THE SOUTHEAST CORNER OF LASKIN ROAD AND FIRST COLONIAL ROAD 17. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDI-NCE TO AMEND AND REORDAIN SECTION 2-34 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING To PROMOTIONS. THis ORDINANCE LIMITS THE INCREASE IN PAY TO 5% WHEN THE PROMOTION INVOLVES AN INCREASE OF ONLY ONE PAY RANGE (I.E.. PAY RANGE 41 TO 42) ANY OTHER PROMOTION WOLJLD BE 1OX. is. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COU@ IL APPROVE AN ORDINANCE TO REDUCE APPROPRIATIONS TO THE SUBSTANCE ABUSE SERVICE PROGRAMS BY $16,579: APPROVED REVISED TOTAL REDUCTION IN BUDGET BUDGET APPROPRIATIONS SUBSTANCE ABUSE SERVICE PROGRAM $316,545 $299,966 $16,579 19. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL ACCEPT THE LOW BID OF McLEAN CONTRACTING COMPANY IN THE AMOUNT OF $292,950, UPON THE CONDITION THAT THE CONTRACTOR SIMULTANEOUSLY EXECUTES A DEDUCT CHANGE ORDER IN THE AMOUNT OF $8,250, FOR THE REPLACEMENT OF THE EXISTING SALT WATER PUMP STATION PIER AT SAtq)BRIDGE; AND FLIRTHER, APPROVE AN ORDINANCE TO APPROPRIATE $258,848.00 FOR THE REPLACEMENT, ENLARGE- MENT AND IMPROVEMENT OF THE EXISTING SALT WATER PUMP STATION PIER AT SANDBRIDGE. 20. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE REQUEST OF MR. IVAN D. MAPP, COMMISSIONER OF THE REVENUE FOR: A. AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-58 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO PENALITIES FOR VIOLATIONS OF THE DIVISION CONCERNING TAXATION ON LODGING. B. AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-74 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO PENALITIES FOR VIOLATIONS OF THE DIVISION CONCERNLNG TAXATION ON ADMISSIONS. C. AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-89 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO PENALITIES FOR VIOLATIONS OF THE DIVISION CONCERNING TAXATION ON PERSONS OBTAINING FOOD AT RESTAURANTS, ETC. 21. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE To AMEND AND REORDAIN SECTION 32-55 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO THE DISPLAY OF HOUSE NUMBERS. 22. OLD BUSINESS, DEFERRED FROM THE PREVIOUS @IEETING, INCLUDING ANY REPORT OF THE MAYOR OR COMMITTIES NAMED BY COUNCIL. 23. NEW BUSINESS, INCLUDING AN PRESENTATIONS BY COUNCIL MEMBERS, CITIZENS AND ORGANIZATIONS. 24. MOTION FOR ADJOURNMENT. MINUTES OF TliE IIONOPABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA March 13, 1978 The regular meeting of the Council of the City of Vir@.inia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, March 13, 1978, at 1:00 P.M. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry @IcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Pavne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. ITEM #11855 Mayor Tiolland entertained a motion to permit Council to conduct an 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, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Consultation with legal counsel and briefing by staff menbers, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to proceed into tbe executive session following the informal meeting. ITEM #11856 The City Manager introduced Mr. Alfred W. Craft, Jr., Chairman of the Virginia Beach Development Authority. Mr. Craft presented the following members to Council, and presented to Council the Authority's Annual Report: Mr. John W. Wilson Mr. George A. Woody, Jr. Mr. W. P. Whitehurst Mr. N. W. Morris Mr. Craft stated that the Airport Industrial Park is approximately 93% occupied with only 21 acres remaining in tlie park. In 1977, no new companies located in the park, which brings the total businesses in the park to approximately 54. The new businesses created 349 new jobs. The land and building value for the new firms is approximately $1,865,010.00. Also, during the past year 427,200 square feet of existing vacant spec space was leased. This is important in maintaining a balance of available building space on the market. 3 / 1 3 / 7 8 - 2 - The following is a listing of new clients in the Airport Industrial Park: Adler Furniture Company American Guaranteed Lighting Atlantic Suppliers, Incorporated Eurpac Service, Incorporated FAMARCO, LTD. Gordon Paper Company Grand Furniture Discount Stores J. Henry Holland Corporation Tri-County Electric, Incorporated In addition to Airport Industrial Park, efforts are being made to secure a purchaser or leasee for Little Creek, which is composed of + 39 acres of land and water area. At the present time, portions of the area are being used by Fraser Boiler Company and Spencer Construction. A portion of the property was also leased to Brown and Root, Incorporated for a short period of time. The major efforts of the Virginia Beach Development Autbority and the Industrial Division are directed at the Oceana West Industrial Park complex. This 100 acre park offers land for light industrial uses, heavy industrial uses, office use and commercial development. In 1977, Stihl, Incorporated moved into their new office and production facility. The Stihl complex consisting of 100,000 square feet of offices and manufacturing space, serves as the company's United States headquarters. In the new plant, large scale manufacturing will begin to serve both the national and international markets. Also, Furmanite America, Incorporated (a British firm), announced the location of its western hemisphere international office in Oceana West Industrial Park. The two new facilities will add approximately 250 jobs to the economy. The Authority has authorized in excess of $10 Million in tax free Tndustrial Revenue Bonds to foreign and domestic firms located in Virginia Beach. Through the efforts of the Authority and the Department of Economic Development, the industrial parks contributed approximately $376,783 in real estate taxes for the preceding year. Each year the City of Virginia Beach Development Authority has an Audit conducted by the firm of A. Lee Rawlings and Company. The following is a summary of their recently completed Audit which is on file in the Offices of the City Manager, the Finance Director and the City Clerk: 3 / 1 3 / 7 8 3 SCHEDULE A-1 SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS FOR BALANCE, JULY 11 1976 ................................ $ 205,298.97 RECEIPTS: Proceeds from sales: Airport Industrial Park ...... 412,828.42 777,029.42 oceana West Ind. Park ........ 364 201.00 1,957.00 option extension fees ...: ................ 12,366.41 Rental income ............................ 8,000.00 option deposits .......................... 1,443.00 Lawn Tnaintenance ......................... 9,865.90 Interest income .......................... Interest added to option deposit held in 1,800.00 escrow ................................. Travel allowances - Department of Economic 840.00 Development ............................ 243.79 Expenditure refunds ...................... other ....................................- 477.56 Total receipts ................................... 814 023.08 Total receipts and beginning balance ............. 1,019,322.05 DISBURSEMENTS: Land purchased-oceana West Ind. Park .... 22,233.50 Improvements to land: Airport Industrial Park ..... 10,297.00 oceana West Ind. Park ....... 24,656.22 34,953.22 Engineering: Airport Industrial Park ..... 8,646.65 oceana West Ind. Park ....... 17 898.32 26,544.97 Payments on mortgage notes .............. 630,000.00 Payments on Stein Estate et als - mortgage .............................. 80,029.47 Real estate commissions - reported as cost of sale .......................... 16,028.00 Furniture & fixtures Information Cen.. 4,142.24 Building improvements Information Cen. 10,940.44 Travel ................................. 1,688.32 Salaries ................................ 138.45 Boiids and insurance .................... 825.00 supplies and gasoline .................. 1,804.94 Repairs and maintenance ................ 984.41 Pumping & cleaning of sewer system ...... 655.04 Advertising ............................ 27.93 Electricity ............................ 281.00 Interest ............................... 39,386.31 Expert witness fees .................... 3,034.94 3/13/78 4 - SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS FOR THE YEAR ENDED JUNE 30, 1977 (CONTINUED) Legal and auditing ...................... 4,760.00 Burglar alarm ........................... 561.00 Telephone ............................... 1,193.67 option deposits refunded ................. 1,000.00 Other ................................... 2,000.83 883,213.68 BALA,NCE, JUNE 30, 1977 - to Exhibit A ................. 108.37 T'he accompanying notes are an.integral part of the financial statements CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY STATEMENT OF INCOME, EXPENSE, AND RESERVU FOR AUTHORIZED EXPENDITURES (DEFICIT) FOR THE YFARS ENDED JUNE 30, 1977 AND 1976 ,Tune 30, 1977 1976 LOSS FROM SALE OF LAND - Schedule B-1 (Notes 2,5 and 6) ...................... (318,949.11) (168,763.20) OTHER INCOME: Rental income .......................... 12,366.41 11,400.00 Interest income ....................... 18,754.28 13,375.33 Lawn maintenance ...................... 1,443.00 222.50 Forfeited option deposits ............. 2,925.00 Reimbursements (see note below) ........ 6,651.50 Department of Economic Development - City of Virginia Beach ................... 840.00 Other ................................. 2,132.00 lt352.00 Total other income ............ 35,535.69. 35,926.33 EXPENSr,S: Total loss and other receipts.. (2 3 413.42) (132,836.87) Salaries .............................. 138.45 5,307.53 ]3orids and insurance ................... 656.00 575.00 Supplies .............................. 1,870.24 739.40 Repairs and maintenance ............... 1,004.50 632.96 Storage - sewer pumps ................. 1,215.00 Electricity ............................ 219.50 1,134.00 Advertising ........................... 27.93 1,175.84 Legal and auditing ..................... 7,794.94 7,749.50 Meetings and gifts .................... 772.62 1,165.56 Burglar alarm ......................... 561.00 .440.00 Telephone ............................. . 11185.88 708.40 Travel ................................ 1,688.32 1,159.15 Other ................................. 926.59 1,081.71 16 84-5.97 23,084.05 NET LOSS - before depreciation expense ... (300,259.39) (155,920.92) DEPRECIATION EXPENSE (Note 2) ........... 4 180.72 3,637.54 NET L(DSS ................................ (30@4 A40.1@) (15@9 58.46) RESERVF FOR AUTHORIZTD EXPENDITURES: Balance, beginning oF Y..r ............. 100,421.44 423,229.56 Adjustment from prior year Note 7 ...... 3,897.17 (93,324.56) Adjusl-ment from reclassification of fixed assets ......................... (69,354.40) Balance as restated ................... 104,318.61 260,550.60 Less - current year's additions to fixed assets ......................... (15,363.28) (4,208.24) 5 EXHIBIT B STATEMENT OF INCOME, EXPENSE, AND RESERVE FOR AUTHORIZED EXPENDI- TURES (DEFICIT) FOR THE YEARS ENDED JUNE 30, 1977 AND 1976 (CONTINUED) Add depreciation expense charged to operations ............................. 4,180.72 3,637.54 Less - net loss for year from above ....... (304,440.11) (159,558.46) Balance (deficit), end of year - to Exhibit A ............................. 04,06) Note - Reimbursement from C. L. Pincus, Jr. Co. for water and sewer, Oceana West Industrial Park. NOTES TO FINANCIAL STATEMENTS aME 30, 1977 1. The Authority was created by Chapter 643, Acts of the General Assembly, as amended, for the purpose of attracting industry to the City of Virginia Beach. 2. Significant Accounting Policies - The financial statements @ave been prepared on the accrual basis of accounting; expenses have been recognized 4.n the period benefited and income has been recognized in the period earned. Revenue Bonds and Notes Pavable - The Authority has issued reve- nue bonds and notes payable (Schedule A-3) to finance the con- struction on properties sold. The bonds and not6s, both as,to principal and interest, are payable solely from the lease proceeds. In the event of default by the lessee, the holders of the bonds and notes have no recourse to the Authority, but must look to the property and lessee for indemnity. The Authority does not reflect in its accounts any incidences of ownership in the properties. For accounting purposes, the bonds and notes have been treated as financing arrangenients consummated in respect of the individual lessees with any and all liabilities tllerefor being offset by lease rentals receivable. 'Depreciation Expense - Depreciation expense was computed using the straightline method, based upon the estimated useful lives of the individual assets which range from 10 to 25 years. Land and Cost of Land Sold - Land is stated at acquisition cost plus the cost of improvements made to both land owned by the Author- ity and land subject to purchase options held by the Authority. For purposes of determining cost of land sold, the total accumulated acquisition and development costs are allocated as of year end on a per acre basis to all parcels owned by the Authority and charges are made to income as the individual parcels are sold. Thus, the cost of improve-,nents made to land not ovrned by the Authority has been included eitlier in the cost of land owned at year end or has been charged to the cost of sale with respect to parcels sold. 3. option deposits held in escrow or with escrow agents are not avail- able for operations. The dep'osits are normally applied to the sale price of optioned land if the sale is consummated, or forfeited in the eveiit the optionce elects not to exercise his option. In the NOTES TO FINANCIAL STATEMENTS (CONTINUED) event the Authority is unable to perform its obligations stated in the option agreements, the option deposits would be fully refundable to the optionee. 4. The amount reported as note receivable and accrued,interest represents a note dated August 18, 1976 in the amount of @128,000 due from the Seven-Up Bottling Co. of Norfolk, Inc., which is secured by a deed of trust encumbering 7 acres of land located in Airport Industrial Park. The note constitutes a part of the consideration-received for Parcel XLII, as reported.on Schedule B-1. The note principal and interest of 8% annually are due in installments as follows: Due Date Amount August 18, 1977 -42,349.64 August 18, 1978 39,783.00 August 18, 1979 69,300.36 Total principal-and interest $151,433.00 5. The land acquired and currently owned by the Authority is com- prised of the following tracts: Ai.rport industrial Park The tract is stated at the original purchase price plus acqui- sition and development costs. For purposes of ascertaining a basis for charges to the proceeds of sales from parcels sold, the total cost was allocated among the respective parcels on the basis of the number of acres in each parcel. The alloca- tion of the total cost of this tract and the further alloca- tion to parcels sold and unsold at Tune 30, 1977 follows: Acquisition aild improvement costs: Cumulative to June 30, 1976 ..... 3,014,082.72 During current year ............. 24,178.38 3,038,261.10 Less cost of@sales: Cumulative to June 30, 1976 ..... 1,902,526.66 Current year - Schedule B-l...... - 503,562.11 2,406,088.77 Unsold, June 30, 1977-Exhibit A ................ 632,172.33 Little Creek Industrial Park of the $139,300.71 cost reflected in the financial statements, $117,898.71 is an allocation from the original purchase price and $21,402.00 represents additions and demolition and clear- ing costs. This park is a portion of the original Penn-Central purchase and is a deep water port. At June 30, 1977, there were no sales from this tract, Oceana West Industrial Park The tract is stated at the original purchase price plus accfui- sition and development costs. For purposes of ascertaining a basis for charges to the proceeds of sales of parcels sold, the total cost was allocated among the respective parcels on the basis of the number of acres in each parcel. The balance of unsold land reported at June 30, 1976 has been adjusted as follows: Balance as reported, June 30, 1976 ....... 2,853,657.29 Add - adjustment for land purchased from the Estate of Jack Stein et al .... 322,444.62 Less: Cost of Development Center Building previously allocated to land ......... (52,903.80) Cost of site of Development Center Buildin ........................... 0 0 7 - The allocation of the total cost of this tract and the further allocation to parcels sold and unsold at June 30, 1977 is as follows: Acquisition and improvement costs: Cumulative to June 30, 1976 - as restated .................... 3,331,747.40 During current year ............ 64,615.31 3,396,362.71 Less cost of sales: To Tune 30, 1976 ............... 214,552.12 Current year - Schedule B-1 .... 533,849.80 748,401,92 Unsold June 30, 1977 - Exhibit A............... 2 647 96 @79 6. The balance reported.as right-of-way and easements on Schedule A-2 in the amount of $144,664.12 represents costs that will be allocated to future land purchases. In the event the Authority does not purchase the land adjoining the right-of-way or the land upon which easements have been granted, it will be necessary to write-off these costs, resulting in a charge against income. 7. Accrued Interest Payable - Accrued interest payable to the City of Virginia Beach has been initially recorded in the books of account during the year ended J'une 30, 1976 and the aiiiount accrued as of June 30, 1975 has been charged to the balance for reserve for authorized expenditures as of July 1, 1975 as foll.ows: Accrued for the Year Ended Amount ,Tune 30, 1973 ................. $ 9,282.19 June 30, 1974 ................. 23,365.42 June 30, 1975 ................. 60 676.95 Total prior years ..... 93,324.56 8. Litigation - The Auth'ority is a defendant in four lawsuits. In the opinion of counsel, these actions are considered either groundless o@ the potential liability would not materially affect the finan- cial condition of the Authority, altliough the aggregate amount of damages alleged is substantial. 9. Continqencies: a. The Authority has the right to sell for industrial development 72.9 acres owiied by Mr. Lannie widgeon in Oceana West Industrial Park and also, according to the agreement, the Autliority has the obligation to purchase in August, 198o, at $10,617.00 an acre, all usable land of tliat parcel unsold at that date. b. The Authority acquired title to approximately 50 acres of land from the Estate of Jack Stein on February 15, 1973 for $387,942.00. The agreeinent states that the purchase price is to be paid in $50,000.00 annual payments, beginning three years after the closing date, or February 15, 1976. The final payment of $37,942.00 is to be made ten years after the closing date. The agreement stipulates that the payments wiil be made without interest and oniv if the land is sold. As of June 30, 1977, 25.8 acres of the 50 acres remained unsold. 3 1 3 7 8 S. Events Subse Balance Sheet Date on July 5, 1977, a fourth amendment was made to the "Agreement for the Purch6se and Sale of Land" between the Authority and the Estate of J,,k Stein et als- The amendment makes the Authority liable for any "roll- back" real estate taxes resulting from a change of use during the period the Authorityls option is in effect. The following is a listing of the Schedule of Ownership in the Airport Industrial Park; Oceana @iest Industrial Park; Corlpanies located outside the Industrial Parks; and pending options for 1978.' SCHEDULE OF OWNERSHIP AIRPORT =USTRIAL PA.RK Parcel er Tenant I-A J. Henry Holland Corp. J. Henry Holland Corp. a.on I-I First Internationa Nepratex C. iv Southe v Realty ducts w City optical, PRC Technical Applications I -elecommunications xii coastal- ilietai qll@ll Coastal Metal qtinni@, XIII-A J. C. Driskill, Inc. J. C. Driskill, inc, x -rv De,7c] 0,Dment Ath@r =on XV-A All Star Electric All Star Electric XVI-B Tames C. Nocito Ingersoi-Rand Atlantic.Suppiy xvii Ba-Li-Se Corporation J. C. Pen xviii (-,ranL9 riirnii-,,,@ Grand Furniture Co. xix P. J. Damalas )CX Chart House (Riir@@r Chart Hous xxi P. Mattv xxii T. H. Nicholson Hillcrest Sales C4- 4 'k 1 xxiii Associate Associated Transport XXIV-A Hampton Roads Sanitation Hampton Rds. Sanitation XXIV-B Edwards-Councilor Edwards-Councilor xxv M. M. Gunter M. M. Gunter XXIVII Devel.opment Authoritv xxviii ... America C Naafexco America CorL). xxix cooper Bearinq Co. Cooper Bcirinq Co. XXX-A @Tolin A- XXX-B Kolonial Investment Val-ue Engineering xxx-c CRM Building U. S. Gen. Accounting Comptroller General off. @---,,Itants XXX--E Develooment Authori XXX-F T. F. Friecibercr Stitches of Virc{inia XXX-G xpn P@ia rompanv Ken Reid Company xxx-H Charles Mill-er (ork- Charles bliller (Orkin) )=i K & K ToVs K & I< Toy.,.; xxxii A. J. Beninato & Sons A. J. Beninato & Sons 9 - SCHEDULE OF OWNERSHIP AIRPORT NMUSTRIAL PARK (CONTINUED) Parcel er ant xxxiii rn International, Inc. Air Couriers Concrete Structures, Inc. 'Eastern International, Inc. Canadian-American Invest- ment Corporation System Management Financial Data System, Inc. ation Control xxxiv it co. xxxv James C. Nocito Reynolds Sales Co. ridge Farm @TD. FAMARCO, LTD. )=VT.i DeveloDment Author )=\IIII-A Eastern Wire & Cable Eastern Wire & Cable XXXVIII-B Develor)ment Autlioritv ump Station xxxix Eastern international Woody Distributors S@IA --..@)eon Service XL Gordon Pauer Companv rdon Paoer C XLI EurT3ac Servi(,,,- Tl,c. Eurpac Service, Inc. XLII Seven-UD Bottlincr Comoaiiv Seven-Up Bottling ComDanv XLIV Incorpora ank Lines. Incorporated XLV Development Aiit-.h@@, XLVI Acllpr dler Furniture Comoanv can Guarante ounty Electric Mushroom Farm SCHEDULE OF OWNERSHIP wner A. ,'CnEDULE OF OMMRSHip ARI<S The Virginian pil,t & Ledger Star Super Tires Stores 3/13/78' 0 PENDING OPTIONS FOR 1978 Airport Industrial Park Gross to Authority 2.7 acres 58,000.00 Oceana West Industrial Park Gross to Authority 100 acres - 3-year option 3,000,000.00 9.3 acres 308,000.00 2.2 acres 66,000.00 2.0 acres 50,000.00 ITEM #11857 The City Manager stated that he has placed on the Council agenda an ordinance for the modification of the City's pay plan for a 5% promotion. ITEM #11858 At 2:00 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. liaterfield, Jr. The invocation was given by the Reverend James W. Rush, Scott Memorial United Methodist Church, followed by the Pledge of Allegiance. ITEM #11859 On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of February 27, 1978, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. - 1 2 - ITEM #11860 On motion by Councilman McCoy, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, "r. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of March 6, 1978, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11861 On motion by Councilman Waterfield, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to authorize temporary encroachments into a portion of the right-of-way of Sandfiddler Road, as requested by Bailey T. Parker, Jr., Marion W. Parker and Dadson Enterprises: 3 / 1 3 / 7 8 Requested by: City Manager/Engineerina AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF SANDFIDDLER ROAD. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Bailey T. Parker, Jr., and Marion W. Parker, owners of Lot 12 and Lot 13, Section 2 - Tract "C", Sandbridge Beach, and Dadson Enterprises, owner of Lot 16, Section 2 - Tract "C", Sandbridqe Beach, are authorized to construct and maintain temporary encroachments into the right-of-way of Sandfiddler Road. That the temporary encroachments herein authorized are for the purpose of installing sewer lines to enable construction of a building unit on each lot and are more particularly described as follows: Lot 12 Commencing at a point on the western property line approximately seven feet north of the southwest corner of lot 12 and extending in a westerly direction approxi- mately six feet and thence in a northerly direction approximately 22 feet a septic tank drain-field system as shown on "Site Plan of Lot 12, Section 2 - Tract "C", Sandbridge Beach," dated February 1, 1978, said site plan being on file in the Department of Public Works, Engineering Division, of the City of Virginia Beach. Lot 13 Commencing at a point on the western property line approximately 25 feet north of the southwest corner of Lot 13 and extending in a westerly direction approximately one foot and thence in a northerly direction approximately 55 feet a se'otic tank drain- field system as shown on "Site Plan of Lot 13, Section 2 - Tract "C", Sandbridge Beach," dated February 1, 1978, said site plan being on file in the Department of Public Works, Engineering Division, of the City of Virginia Beach. Lot 16 Commencing at a point on the western property line approximately 10 feet south of the northwest corner of Lot 16 and extending in a westerly direction approximately one foot and thence in a southerly direction approximately 13 feet a septic tank drain- field system as shown on "Site Plan of Lot 16, Section 2 - Tract "C", Sandbridge Beach," dated 3 1 3 7 8 - 1 3 - February 1, 1978, said site plan being on file in the Department of Public Works, Engineering Division, of the City of Virginia Beach. Provided, however, that such authority and permission so granted shall terminate when the City sewer lines are installed to service Lot 12, Lot 13 and Lot 16, and within sixty (60) days after the date that service is available, the owners of said lots, their heirs, assigns and successors in title, shall connect to the City sewer and said temporary encroachments will terminate. And Provided Further, that nothing herein contained shall be construed to relieve said owners, their heirs, assigns and successors in title from liability for any negligence on their part. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of March 1978. ITEM #11862 On motion by Councilman Waterfield, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, ir Nays: None Absent: None City Council voted to approve the following ordinance to authorize acquisition of property in fee simple for right-of-way for South Boulevard Project 2-808 and the acquisition of temporary and permanent easements of right-of-way, either by acquisition or by condenmation: /7 - 1 4 - REQUESTED BY: CITY MANAGER/REAL ESTATE AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR SOUTH BOULEVARD PROJECT 2-808 AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY ACQUISITION 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 and/or Deputy City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236 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 ease- ments of right-of-way as shown on the plans entitled, "City of Virginia Beach Depart- ment of Public Works Plan and Profile of Proposed Major Collector Street, South Boulevard Extension From: Int. Palace Green Blvd. To: Int. Rosemont Road Proj. Length = 0.564 Miles." These plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney and/or Deputy 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 available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney and/or Deputy 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 13 day of March 1978. JAR:kg 2/8/78 3 / 1 3 / 7 8 - 1 5 - ITEM #11863 On motion by Councilman Waterfield, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to authorize the acquisition of property in fee simple for right-of-way for installation of water and other public purposes for the Princess Anne Road Main Project #5-613 and for the acquisition of right-of-way by agreement or by condemnation: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR INSTALLATION OF WATER AND OTHER PUBLIC PURPOSES FOR THE PRINCESS ANNE ROAD MAIN PROJECT #5-613 AND FOR THE ACQUISITION OF RIGHT-OF-WAY BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction and installation of this important project to provide water and for other public purposes for the preser- vation of the safety, health, peace, good order, convenience, morals and 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, Deputy City Attorney and/or Assistant City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236, 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 "Point O' View Water Main Construction, Norfolk Southern Railroad To Lord Dunmore Drive, Kempsville Borough," the plan being on file in the office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. The City Attorney, Deputy City Attorney and/or Assistant City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach a reasonable offer to the owners or persons having an interest to said land, if refused, the City Attorney, Deputy City Attorney and/or Assistant 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 full force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ITE@l #11864 - 16 - On motion by Councilman 14aterfield, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. tiaterfield, Jr. Nays: None Absent: None City Council voted to approve the following tax refunds in the amount of $1,023.41: $426 58 r. KET EXO'\F.P-lk- DATE N A%f Y@'AIZ OF TAX aylor, Edward C. 1978 DT 20270 2-24-78 5.00 alacious, Martin A. 1977 PP 106811 2-1-78 226.80 ando, Janies C. & Barb 1978 RE1/2 9979 12-1-77 17.-40 aSon, C. S. & Ruth 1978 RE 770023 1-13778 39.98 oquson Leasing Inc. 1978 CD 72525 1-24-78 7,5G- 1978 CD 72530 1-24-78 7.50 G-iaham.Ke@s 1978 CD' 12202 1-6-78 15.00 ordon S. Garris or 1978 Cb 122102 1-19-78 15.00 athi6 D. Vogel 1978 CD 122103 1-19-78 15.00- etropolitan Furniture 1978 CD 9145 2-10-78 15.00- e-rs Insulation 1978 CD 128246 1-26-78 10.40 erbert T. Bland '1978 CD 32295 1-23-78 15.00. 1978 CD 32294 1-23-78 15.00 dall L. Alter 1978 CD 20482 1-19-78 7.50 aylor Rental Center 1978 CDTR 144759 1-26-78 3.50 1978 CDTR 144756 1-26-78 3.50 andolp)4 Gibbs 1978 CD 118111 1-6-78 7.50 The vel@@-bate-e-@it(s) totaling were approved by the C6Ltncil cf t,,Ie City of,,VilFinia Leah tl,.e cl a y Approved as to orr@i: 1 7 - 3-.2-78 At,'[) lli'ON I I.CiTIO"'! 0)' 'i@IF l@01( BE O:,D@%l@@ED BY '@IE Col@,r 1, OF , if, c " C-I'I,y 01.. VII',GltllA: Tliit tlie fol-1c,@iiii@; fcr tax rc@ftivid@; uf)on cerlificzltlon of Llic@. TrE-@iE;t,@rer ire hli:ely approve,-,I: '96.83 '.VAX '.VYPL TICKET EXONEII-K- DAIE YFAI) O'T' TAX ITti@ 10, No. P-111) It@T. TOTAT. Weatherspoon, Gail T. 1977 PP 96190 9-13-77 56.70 Morgan, Wm. Francis 1977 PP 64257 11-23-77 184.28 Johnson, Ester M. 1977 PP 47417 2-21-78 42.'96 Atlantic Cleaners 1977 PPi, 3214. 6-10@77 21.58 1977 PP 3213 6-10-77 102.61 Digregrio, Donna J. 1977 PP 24535 6-10-77 5.40 D-otiglass, Audrey 1977 PP 25361 -6-20-77 a5@10 Edward E. Mawson 1978 CD 63208 1-18-78 7.50 $tephen M. Courtney 1978 CD 41830 2-11-78 7.-50 Jerome& Barb. PerlmaT 1978 CD 5632 1-26-78 7.50 Shirley E. Waldo 1978 CD 109593 1-3-78 7.50 Katherine A. Woolf 1978 CD 32679 1-19-78 7.50 @andy tolin 1978 Cb 72358 1=26=78 50.70 Stephen&Barb. Lenhar 1978 CD 19363 1-19-78 15.00 G.@ Powell Davis 1978 CD 8438 2-7-78 15.00 1978 CD 84j9 2-7-78 15.00 Poquoson Leasing 1978 CD 72518 1-27-78 15.00 A- The P e-ent(s) totalinv ,@,.ove pbat Ylil v--re approved by the Courc,*-l o@, t,@,cit-y cf;,Yirgifiia "@lday of Beacii on J( Oli tpproved as t form: C@Ly Clc,r,,, '7 0 ii, y iTEM #11865 - 18 - On motion by Councilman Waterfield, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following Bingo/Raffle Permits: Virginia Association of the Deaf Board of Education Raffle Virginia Beach Education Association Raffle 3 / 13 / 7 8 - 1 9 - ITEM #11866 Petition of Ernest G. Vali6nos for a Chanqe of Zoning District Classi- fication from R-8 Residential District to B-2 Community-Business District on Eer-tain property located on the North side of Baxter Road beginning at a point 470 feet East of Princess Anne Road, running a distance of 139.17 feet along the North side of Baxter Road, running a distance of 1104.1 feet along the Eastern property line, running a distance of 139.17 feet along the Northern property line and running a distance of 1104.1 feet along the Western property line. Said parcel contains 3.51 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion and I against to deny this request. It was felt that the proposed zoning is not appropriate for this site given the surrounding land use pattern and site characteristics. Mr. Ted Boyce, Attorney, represented the petitioner On motion by Councilman McCoy, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to permit the withdrawal of the above petition of Ernest G. Valianos for a n e @f Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the North side of Baxter Road beginning at a point 470 feet East of PriTicess Anne Road, running a distance of 139.17 feet along the North side of Baxter Road, running a distance of 1104.1 feet along the Eastern property line, running a distance of 139.17 feet along the Northern property line and running a distance of 1104.1 feet along the Western property line. Said parcel contains 3.51 acres. Kempsville Borough. ITEM #11867 Petition of R & J Associates for a Chanqe of Zoninq listric, Classification I T from AG-1 Agricultural District to B-2 Commun Y-E,,Sil@SS L)istrict on certain property located 50 feet East of Oceana Boulevard beginning at 8 point 1070 feet more or less South of Old Dam Neck Road, running a distance of 1519 feet along the Western property line, running a distance of 233.2 feet along the Southern property line, running a distance of 585.34 feet in a Northeasterly direction, running a distance of 977.17 feet in a Northerly direction and running a distance of 21.36 feet along the Northern property line. Said parcel contains 6.8 acres more or less. (Dam Neck Area). PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimoijsly by the Planning Commission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adrnini- strative staff: 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. The developer will be required to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main along Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are required to an adequate OLItfall. '4 / 1 'I / 7 ,i i i:t pr upU@tL' POII L)il @,112 @CIII i,tL C t, Ld L(2S V' id ti (Jate C) June, 1977, is unacceptable and must be revised with the submission of 2 0 - a preliminary plat. 5. The necessary right-of-way dedication is to be provided for the proposed General Booth Boulevard and the developer i's to provide for one-half of the proposed four-lane road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official chanae on the zoning rnaps will not he made until the following conditions are satisfied: 1. A variable vjidth dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated June, 1977, for the ultimate 110 foot right-of-way as shown on the Master Street and Highway Plan. 2. A dedication of a 90 foot right-of-way in accordance with the @laster Street and Highviay Plan for the extension of Dam Neck Road tiirough this project, as shown on the Dam Neck Estates Plan dated JLine, 1977. Mr. Grover C. Wright, Jr., Attorney, represented the petitioner Mrs. Barbara Henley appeared in opposition On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry @IcCoy, Jr., J. Curtis Payne, and Roger L. Riggs Nays: Councilmen John R. Griffin, Councilwoman Meyera E. Oberndorf, and Floyd E. Waterfield, Jr. Abstain: Vice Mayor Patrick L. Standing Absent: None City Council voted to approve the following ordinance upon petition of R & J Associates for a Change of Zoning District Classification from AG-1 A@.ricultural District to 0-1 Office l@strict (modified from B-2 Community-Business District: ORDINANCE UPON PETITION OF R & J ASSOCIATES FOR A CIIANGE Z0378315 OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO 0-1 Office District (modified from B-2 Community Business District) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of R & J Associates for a Change of Zoning District Classification from AG-1 Agricultural District to 0-1 6f-fice District (modified from B-2 Community Business District) on certain property located 50 feet East of Oceana Boulevard beginning at a point 1070 feet more or less South of Old Dam Neck Road, running a distance of 1519 feet along the Western property line, running a distance of 233.2 feet along the Southern property line, running a distance of 585.34 feet in a Northeasterly direction, running a distance of 977.17 feet in a Northerly direction and running a distance of 21.36 feet along the Northern property line. Said parcel contains 6.8 acres more or less. (Dam Neck Area). Princess Anne Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance 3 / 1 3 / 7 8 - 2 1 - 2. City water and sewer. The developer will be required to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main along Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are required to an adequate outfall. 4. The proposed park site, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptable and must be revised with the submission of a preliminary plat. 5. The necessary right-of-way dedication is to be provided for the proposed General Booth Boulevard and the developer is to provide for one-half of the proposed four-lane road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated June, 1977, for the ultimate 110 foot right-of-way as shown on the Master Street and Highway Plan. 2. A dedication of a 90 foot right-of-way in accordance with the Master Street and Highway Plan for the extension of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated June, 1977. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of -March 1978. ITEM #11868 Petition of R & J Associates for a Change of Zoning District Classification from AG-1 Agricultural District to R-6 Residential District on certain property located on the West side of Oceana Boulevard beginning at a point 934 feet South of Dam Neck Road, running a distance of 1810 feet along the West side of Oceana Boulevard, running a distance of 2289.78 feet along the Southern property line, running a distance of 1347.89 feet along the Western property line, running a distance of 120.50 feet in a Northwesterly direction, running a distance of 713.65 feet in a Northerly direction, running a distance of 388 feet in a Northeasterly direction, running a distance of 975 feet in a Southwesterly direction, running a distance of 468 feet in a Southeasterly direction, running a distance of 483 feet in a Northerly direction and running a distance of 685 feet in an Easterly direction. Said parcel contains 76.8 acres more or less. (Dam Neck Area). PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for the motion and 3 against to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the adrnini- strative staff: 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. The developer will be required to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main along Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are required to an adequate outfall. - 4 ' - 4 The proposed park site, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptable aiid must be revised with the submission of a preliminary plat. 5. The necessary right-of-way dedications is to be provided for the proposed General Booth Boulevard and the developer i's to provide for one-half of the proposed four-lane road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official chanqe on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated June, 1977, for the ultimate 110 foot right-of-way as shown on the Master Street and Highway Plan. 2. A dedication of a 90 foot right-of-wav in accordance with the Master Street and Highway Plan for the extension of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated JL]ne, 1977. Mr. Grover C. Wright, Jr., Attorney, represented the petitioner Mrs. Barbara Henley appeared in opposition On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, and Roger L. Riggs. Nays: Councilmen John R. Griffin, Councilwoman Meyera E. Oberndorf, and Floyd E. Waterfield, Jr. Abstain: Vice Mayor Patrick L. Standing Absent: None City Council voted to approve the following ordinance upon petition of R & J Associates for a Change of Zoning District Classificationfrom AG-1 Agricultural District to R-6 Resident@al Distr c . ORDINANCE UPON PETITION OF R & i ASSOCIATES FOR A CHANGE Z0378316 OF ZONING DISTRICT CLASSOFICATION FROM AC-1 Agricultural District TO R-6 Residential District. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA, that: Petition of R & J Associates for a Change of District Classification from AG-1 Agricultural District to R-6 @esiden l@al District on certain property located on the West side of Oceana Boulevard beginning at a point 934 feet South of Dam Neck Road, running a distance of 1810 feet along the West side of Oceana Boulevard, running a distance of 2289.78 feet along tbe Southern property line, running a dis- tance of 1347.89 feet along the Western property line, running a distance of 120.50 feet in a Northwesterly direction, running a distance of 713.65 feet in a Northerly direction, running a distance of 388 feet in a Northeasterly direction, running a distance of 975 feet in a Southwesterly direction, running a distance of 468 feet in a Southeasterly direction, running a distance of 483 feet in a Northerly di- rection and running a distance of 685 feet in an Easterly direction. Said parcel contains 76.8 acres more or less. (Dam Neck Area). Princess Anne Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: ,quirec by tfte Subdivision Ordinance and Site Plan Ordinance. -23- 2. City water and sewer. The developer will be required to extend s,,,r and water lines to the existing 20 inch water main nd 42 inch IIRSD force main along Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are required to an adequate outfall. 4. The proposed park site, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptabie and must be revised with the s,bmis,ion of a preliminary plat. 5. The necessary right-of-way dedications is to be provided for the proposed General Booth Boulevard and the developer is to provide for one-half of the proposed four-lane road. Further, this ordinance shall be effective upon satisfectory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant, that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated June, 1977, for the ultimate 110 foot right-of-way as sho-wn on the Master Street and Highway Plan. 2. A dedication of a 90 foot right-of-way in accordance with the Master Street and Highway Plan for th, ,te,si., of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated June, 1977. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13th day of March 1978. ITEM #11869 Petition of R & J Associates for a ification from AG-1 Agricultural District t certain property located on the eck Road beginning at a point 740 feet West distance of 515 feet along the South SidE unning a distance of 975 feet along the West stance of 468 feet along the Southern propei of 1188 feet along the Eastern property line. Said parcel contains 11.3 acres more or less. (Dam Neck Area). PRINCESS ANNE BOROUGH, Planning COMMission Recommendation: A motion was passed by the Planning Commission by a recorded vote Of 9 for the motion and 3 against to approve this request with a modification to R-6 Residential District. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- Strative staff: 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. The developer will be required to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main along Oceana Boulevard. 3 / 1 37 8 required to an adequate outfall. -24- 4. The proposed park site, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptable and must be revised with the submission of a preliminary plat. 5. The necessary right-of-way dpdication is to be provided for the proposed Dam Neck Road extension and the developer is to provide for one-half of the proposed four-lane road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated June, 1977, for the ultimate 110 foot right-of-way as shown on the Master Street and Highway Plan. 2. A dedication of a 90 foot right-of-way in accordance with the Master Street and Highway Plan for the extension of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated June, 1977. Mr. Grover C. Wright, Jr., Attorney, represented the petitioner Mrs. Barbara Henley appeared in opposition On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, and Roger L. Riggs. Nays: Councilmen John R. Griffin, Councilwoman Meyera E. Oberndorf, and Floyd E. Waterfield, Jr. Abstain: Vice Mayor Patrick L. Standing Absent: None City Council voted to approve the following ordinance upon petition of R & J Associates for a Change of Zoning District Classification from AG-1 Agricultural District to R-6 Residential District (modified from R-9 Residential Townhouse District). ORDINANCE UPON PETITION OF R & i ASSOCIATES FOR A CHANGE Z0378317 OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO R-6 Residential District (modified from R-9 Residential Townhouse District) BE IT ORDAINED BY THE COIR4CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of R & J Associates for a Change of Zoning District Classification from AG-1 Agricultural District to R-6 iesiden i@al District (modified from R-9 Resi- dential Townhouse District) on certain property located on the South side of Proposed Dam Neck Road beginning at a point 740 feet West of Oceana Boulevard, running a distance of 515 feet along the South side of Proposed Dam Neck Road, running a distance of 975 feet along the Western property line, running a dis- tance of 468 feet along the Southern property line and running a distance of 1188 feet along the Eastern property line. Said parcel contains 11.3 acres more or less. (Dam Neck Area). Princess Anne Borough. 1 7 8 @il- ILILLilUu U@ of the land, the following will be required by the administrative staff: -25- 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. The developer will be required'to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main along Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are required to an adequate outfall. 4. The proposed park site, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptable and must be revised with the submission of a preliminary plat. 5. The necessary right-of-way dedication is to be provided for the proposed Dam Neck Road extension and the developer is to provide for one-half of the proposed four-lane road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated June, 1977, for the ultimate 110 foot right-of-way as shown on the Master Street and Highway Plan. 2. A dedication of a 90 foot right-of-way in accordaiice with the Mastet Street and Highway Plan for the extension of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated June, 1977. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Vi,rgiriia, on the 13 day of March 1978. ITEM #11870 Petition of R & J Associates for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community-Busines D strict on certain parcels located on the West side of Oceana Boulevard. Parcel 1: Beginning at the Northwest intersection of Proposed Dam Neck Road and Oceana Boulevard, running a distance of 741 feet along the North side of Proposed Dam Neck Road, running a distance of 640 feet along the Western property line, running a distance of 720.25 feet along the Northern property line and running a distance of 458.57 feet along the Eastern property line of which 350 feet is the West side of Oceana Boulevard. Parcel 2: Beginning at the Southwest intersection of Proposed Dam Neck Road and Oceana Boulevard, running a distance of 740 feet along the South side of Proposed Dam Neck Road, running a distance of 705 feet along the Western property line, running a distance of 685 feet along the Southern property line, and running a distance of 934 feet along the West side of Oceana Boulevard. Said parcels contain 21.7 acres. Plats with more detailed information are available in the Department of Planning. (Dam Neck Area). PRINCESS ANNE BOROUGH. Planning Commission Recornmendation: A motion was passed unanirnously by the Planning Comrnission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: Site Plan Ordinance. -2G- 2. City water and sewer. The developer will be required to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main along Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are required to an adequate outfall. 4. The proposed park s ite, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptale and must be revised with the submission of a preliminay plat. 5. The necessary right-of-way dedication is to be provided for the proposed Dam Neck Road extension and the developer is to provide for one-half of the proposed four-lane road. Also, the necessary right- of-way dedication is to he provided for the proposed General sooth Boulevard and the developer is to provide for one-half of the proposed four-lane road. The developer will be responsible for participating in the cost of upgrading the signalization at General Boot[) Boulevard and Dam Neck Road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along tlie entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated June, 1977, for the ultimate 110 foot right-of-@qay as shown on the Master Street and Highway Plan. 2. A dedication of a 90 foot right-of-way in accordance with the Master Street and Highway Plan for the extension of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated June, 1977. Mr. Grover C. Wright, Jr., Attorney, represented tbe petitioner Mrs. Barbara Henley appeared in opposition. On motion by Co,,ncilman Payne, seconded by Co,n,ii,an Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, and Roger L. Rigg,, Nays: Councilmen John R. Griffin, Councilwoman Meyera E. Oberndorf, and Floyd E. Waterfield, Jr. Abstain: Vice Mayor Patrick L. Standing Absent: None City Council voted to adopt the following ordinance upon petition of R & J Associates for a n e Of in District Classification from AG-1 Agricultural District to B-2 Community-Business "trlct. ORDINANCE UPON PETITION OF R & J ASSOCIATES FOR A CHANGE Z0378318 OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO B-2 Community-Business District. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of R & J Associates for a Charige 2f Zoning istrict Classification from AG-1 Agricultural District to B-2 Community-Business District on certain parcels located on the West side of Oceana Boulevard: Parcel 1: Beginning at the Northwest intersection of Proposed Dam Neck Road and Oceana Boulevard, running a distance of 741 feet along the North side of Proposed Dam Neck Road, rurining a distance of 640 feet along the Western property line, running a distance of 720.25 feet along the Northern property line and running a distance of 458.57 feet along the Eastern property line of which 350 feet is the West side of Oceana Boulevard. Parcel 2: Beginning at the Southwest intersection of Proposed Dam Neck Road and Oceana Boulevard, running a distance of 740 feet along the South side of Proposed Dam Neck Road, running a distance of 705 feet along the Western property line, running a distance of 685 feet along the So.thern property liiie and running a distance of 934 feet along the West side of Oceana Boulevard. ---- ?Illl@@ @@t@es. "lats wltn Mdre detailed information are available in the Department of Planning. (Dam Neck Area). Prince,S Anne Borough. For the information of the applicant, prior to the initi ,li.n of the intended use of the land, the f.llowing will be required by the adminilstrative staff: 1. Standard improvements as required by th,? Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. The developer will be required to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main along Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are required to an adequate outfall. 4. The proposed park site, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptable and must be revised with the submission of a preliniinary plat. 5. The necessary right-of-way dedication is to be provided for the proposed Dam Neck Road extension and the developer is to provide for one-half of the proposed four-lane road. Also, the necessary right-of-way dedication is to be provided for the proposed General Booth Boulevard and the developer is to provide for one-half of the proposed four-lane road. The developer will be responsible for par- ticipating in the cost of upgrading the signalization at General Booth Boulevard and Dam Neck RQad, Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this mtoion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck EStates Plan dated June, 1977, for the ultimate 110 foot right-of-way as shown on the Master Street and Highway Plan. 2. A dedication of a 90 foot right-of-way in accordance with the Master Street and Highway Plan for the extension of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated June, 1977. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of March 1978. 3 / 1 37 8 ITEM #11871 - 29 - Petition of R & J Associates for a Change of Zoning District Classificatiori from AG-1 Agricultural District to A-1 Apartment District on certain prope@ty located on the North side of Proposed Dam Nbck Road beginning at a point 741 feet West of Oceana Boulevard, running a distance of 875 feet along the North side of Proposed Dam Neck Road, running a distance of 620.3 feet in a Northeasterly direction, running a distance of 109.1@@@ feet in a Northwesterly direction, running a distance of 315.62 feet in a Nlorth- easterly direction, running a distance of 556.5 feet along the Northern property line and running a distance of 640 feet along the Eastern property line. Said parcel contains 11.9 acres more or less. (Dam Neck Area). PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and I against to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. The developer will be required to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main alonq Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are reqijired to an adequate outfall. 4. The proposed park site, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptable and must be revised with the submission of a prelimianry plat. 5. The necessary right-of-way dedication is to be provided for the proposed Dam Neck Road extension and the developer is to provide for one-half of the proposed four-lane road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant the the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated JLine, 1977, for the ultimate 110 foot right-of-way as shown on the @laster Street and Highway Plan. 2. A dedication of a 90 foot right-of-way in accordance with the Master Street and Highway Plan for the extension of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated June, 1977. 3 1 1 3 / 7 8 Mr. Grover C. Wright, Jr., Attorney, represented the petitioner Mrs. Barbara Henley appeared in opposition -29- On motion by Councilman Payne, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, and Roger L, Riggs Nays: Councilmen John R. Griffin, Councilwoman Meyera E, Oberndorf, and Floyd E. Waterfield, Jr. Abstain: Vice Mayor Patrick L. Standing Absent: None City Council voted to approve the following ordinance upon petition of R & J Associates for a - e 2f in kistr3-ct Classification from AG-1 Agricultural District to A-1 Apartment District: ORDINANCE UPON PETITION OF R & J ASSOCIATES FOR A CHANGE Z0378319 OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO A-1 Apartment District. BE IT ORDAINED BY THE CO@ICIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of R & J Associates for a Change of in District Classification from AG-1 Agricultural District to A-1 A7partme@t Distric erty located on the North side of Proposed Dam Neck Road beginning at a point 741 feet West of oceana Boulevard, running a distance of 875 feet along the North side of Proposed Dam Neck Road, running a distance of 620.3 feet in a Northeasterly direction, running a distance of 109.72 feet in a Northwesterly direction, rtinning a distance of 315.62 feet in a Northeasterly direction, running a distance of 556.5 feet along the Northern property line and running a distance of 640 feet along the Eastern property line. Said parcel contains 11.9 acres more or less. (Dam Neck Area). Princess Anne Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff; 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. The developer will be required to extend sewer and water lines to the existing 20 inch water main and 42 inch HRSD force main along Oceana Boulevard. 3. Adequate on-site and off-site drainage facilities and easements are required to an adequate outfall. 4. The proposed park site, as shown on the Dam Neck Estates Plan dated June, 1977, is unacceptable and must be revised with the submission of a preliminary plat. 5. The necessary right-of-way dedication is to be provided for the proposed Dam Neck Road extension and the developer is to provide for one-half of tbe proposed four-lane road. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A variable width dedication of right-of-way along the entire frontage on Oceana Boulevard, as shown on the Dam Neck Estates Plan dated June, 1977, for the ultimate 110 foot right-of-way as shown on the Master Street and Highway Plan 2. A dedication of a 90 foot right-of-way in accordance with the Master Street and Highway Plan for tbe extension of Dam Neck Road through this project, as shown on the Dam Neck Estates Plan dated June, 1977. Adopted by the Council of the City of Virginia Beach, Virginia, on March 13, 1977 1- 3 0 ITEM #11872 Petition of James E. Baylor for a Change of Zoning District Classification from R-9 Residential Townhouse District to A-3 Apartment District on certain property located on the West side of Pleasure House Road beginning at a point 100 feet North of Brigadoon Drive, running a distance of 100 feet along the West side of Pleasure House Road, running a distance of 445 feet more or less along the Northern property line, running a distance of 40 feet along the Western property line and running a distance of 435.61 feet along the Southern property line. Said parcel contains .85 acre. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a Recorded vote of 10 to approve this request with a modification to A-1 Apartment District. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A 10 foot drainage easement is to be provided along the northern property line of the site and the ditch along the northern property line is to he piped with the development. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A dedication of right-of-way 30 feet from the centerline of the existing 50 foot right-of-way along the 100 foct more or less frontage on Pleasure House Road (a 5-foot dedication). 2. A dedication of a 10 foot drainage easement along the northern prope@ty line. Mr. Joel Crowe, Attorney, rqpresented the petitioner. On motion by Councilman Cromwell, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of James E. Baylor for a Change of Zoning District Classification from R-9 Residential Townhouses to A-1 A a@rtment District (modified from A-3 Apartment District: ORDINANCE UPON PETITION OF JAMES E. BAYLOR FOR A Z0378320 CHA,NGE OF ZONTNG DISTRICT CLASSIFICATION FROM R-9 Residential Townhouse District TO A-1 Apart- ment District (modified from A-3 Apartment Dis- trict) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA, that: Petition of James E. Baylor for a Change of Zoning District Classification from R-9 Residential District to A-1 Apartment District (modified from A-3 Apartment District) on certain property located on the West side of Pleasure House Road beginning at a point 100 feet North of Brigadoon Drive, running a distance of 100 feet along the West side of Pleasure House Road, running a distance of 445 feet more or less along the Northern property line, running a distance of 40 feet along the Western property line and running a distance of 435.61 feet along the Southern property line. Said parcel contains .85 acre. Bayside Borough. 1. Standard improvements as required @Y"Che Site Plan Ordinance. 2. City water and sewer. 3. A 10 foot drainage easement is to be provided along the northern property line of the site and the ditch along the northern pro- perty line is to be piped with the development Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A dedication of right-of-way 30 feet from the centerline of the existing 50 foot right-of-way along the 100 foot more or less frontage on Pleasure House Road (a 5 foot dedication). 2. A dedication of a 10 foot drainage easement along the northern property line. This ordinance shall be effective upon adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of March 1978. ITEM #11873 Petition of J. Rolfe Griffin for a Change of Zoninq District Classitication from R-6 Residential DiStrict to B-2 Community-Business District on cer- tain property located on the North side of Providence Road beginning at a point 500 feet West of Lord Dunmore Drive, running a distance of 275.93 feet along the North side of Providence Road, running a distance of 289.11 feet along the Western property line, running a distance of 284 feet along the Northern property line and running a distance of 289.11 feet along the Eastern property line. Said parcel contains 1.86 acres more or less. KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 12 to deny this request. It was felt that approval of this request would both initiate and encourage a strip commercial development pattern in this area. Very,truly yours, IZZI@lee @@ R. Dean Lee Chairman RDL/lgw 3 / 1 37 8 Mr. 11. Calvin Spain, ALLrLi@y, rep rlbetj,-,@d Li,jLllj 3 2 - The following persons appeared in opposition: Mr. Charles B. Taylor Mr. Frank Elkins, representing @irs. Annie Moxley Mr. John Moore On motion by Councilman McCoy, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, John R. Griffin, Councilwoman Meyera E. Oberndorf, and Vice Mayor Patrick L. Standing Absent: None City Council voted to approve the following ordinance upon petition of J. Rolfe Griffin for a Change of Zoning District Classification from R-6 Residential Dis- trict to 0-1 Office i@strict (modified from B-2 Community-Business District: ORDINANCE UPON PETITION OF J. ROLFE GRIFFIN FOR A CHANGE Z0378321 OF ZONING DISTRICT CLASSIFICATION FROM R-6 Residential District TO 0-1 Office District (modified from B-2 Community-Business District) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of J. Rolfe Griffin for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District (modified from B-2 Coinmunity- Business District) on certain property located on North side of Providence Road beginning at a point 500 feet West of Lord Dunmore Drive, running a distance of 275.93 feet along the North side of Providence Road, running a distance of 289.11 feet along the Western property line, running a distance of 284 feet along the Northern property line and running a distance of 289.11 feet along the Eastern property line. Said parcel contains 1.86 acres more or less. Kempsville Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of -@larch 1978. 3 / 1 3 / 7 8 - I @ - ITEM #11874 Application of Joseph A. Bement and Assigns for a Conditional Use Permit for a duplex on certain property located at the Southeast intersection of 9th Street and Mediterranean Avenue, running a distance of 60 feet along the South side of 9th Street, running a distance of 100 feet along the Eastern property line, running a distance of 60 feet along the Southern property line and running a distance of 100 feet along the East side of Mediterranean Avenue. Said parcel contains 6000 square feet. (Shadowlawn Heig@its Area). VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Cornmission by a recorded vote of 12 to allow withdrawal of this request. COUNCILMAN MCCOY LEFT COUNCIL CHAMBERS On motion by Vice Mayor Standing, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to permit withdrawal of the above petition of Joseph A. Bement and Assigns for a Conditional Use Permit for a duplex on certain property located at the Southeast intersection of 9th Street and @,4editerranean Avenue, runnin@. a distance of 60 feet along the South side of 9th Street, running a distance of 100 feet along the Eastern property line, running a distance of 60 feet along the Southern property line, running a distance of 100 feet along the East side of Mediterranean Avenue. Said parcel contains 6000 square feet. (Shadowlawn Heights Area). Virginia Beach Borough. ITEM #11875 Petition of Bayshore Development Corporation for a Chanqe of Zoninq District Classification from A-1 Apartment District to -4 Resort-COM- merEi@l District on certain pt,operty located on the North side of 34th Street beginning at a point 50 feet West of Pacific Avenue, running a distance of 100 feet along the North side of 34th Street, running a distance of 140 feet along the Western property line, running a distance of 100 feet along the Northern property line, and running a distance of 140 feet along the Eastern property line. Said parcel contains 14,000 square feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and I abstention to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the admini- strative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The developer will be required to extend a 6 inch water main from Pacific Avenue to this site. 3 / 1 3 / 7 8 ,i t\@yli L-U I -@-.Y @ I'll" I @ "I'll I -@ @@ @ - . @ -@ @-- - @, ". - - --,- t e site will be required. 3 Z, -- COUNCILMAN MCCOY RETURNED TO CH@ERS Mr. Thomas C. Broyles, Jr., Attorney, represented the petitioner On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Yayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Bayshore Development Corporation for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort Commercial District: ORDINANCE UPON PETITION OF BAYSHORE DEVELOPMENT Z0378322 CORPORATION FOR A CHANGE OF ZONING DTSTRICT CLASSIFICATION FROM A-1 Apartment District TO B-4 Resort-Commercial District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIIIA BEACH, VIRGINIA, that: Petition of Bayshore Development Corporation for a n e @f Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial District on certain property located on the North side of 34th Street beginning at a point 50 feet West of Pacific Avenue, running a distance of 100 feet along the North side of 34th Street, running a distance of 140 feet along the Western property line, running a distance of 100 feet along the Northern property line, and running a distance of 140 feet along the Eastern property line. Said parcel contains 14,000 square feet. Virginia Beach Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The developer will be required to extend a 6 inch water main from Pacific Avenue to tbis site. 4. Right-of-way improvements to 34th Street and the alley to the rear of the site will be required. This ordinance shall be effective upon date of adoptioil. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of March 1978 3 / 1 37 8 - I @ - ITEM #11876 on motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes; Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer indefinitely the following ordinance to amend and reordain Article 1, Section 111 of the Comprehensive Zoning Ordinance pertaining to Definitions: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION Ill OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO DEFINITIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 111, Definitions, of the C.Z.O- is amended and reordained as follows: Zero Side Yard Setback Line. A side yard lot line for a single fami e less than reduced to zero. DEFERRED INDEFINITELY: March 13, 1978 ITEM #11877 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer indefinitely the following ordinance to amend and reordain Section 4.4 of the Subdivision Ordinance of the City of Virginia Beach relating to Lots: AN ORDINANCE TO AMEND AND REORDAIN SECTION 4.4 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH RELATING TO LOTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.4 of the Subdivision Ordinance is amended and reordained as follows: 4.4 Lots (i) Zero side yard setback lines may be desiqnated for a lot in any zoning district which allows t, provided at the DEFERRED INDEFINITELY: March 13, 1978 Adopted by the Council of the Cit of Vir inia Beach V' -3 b - On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer indefinitely the following ordinance to amend and reordain the Comprehensive Zoning Ordinance by amending Article 1, Section 102 to Establish an R-7A Residential District: AN ORDINANCE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING ARTICLE 1, SECTION 102 TO ESTABLISH AN R-7A RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA! That the Comprehensive Zoning Ordinance is amended and reordained by amending Article 1, Section 102 and by adding the attached R-7A District, as follows: (a) In order to carry out the purposes and provisions of this Ordinance, the following districts are hereby established: (3) Residential Districts. Residential Districts shall con- sist of: R-] Residential R-2 Residential R-3 Residential R-4 Residential R-5 Residential R-6 Residential R-7 Residential R-7A Residential -@8 Residential R-9 Residential Townhouse DEFERRED INDEFINITELY: March 13, 1978 Adopted by tlie Council of the City of Virginia Beach, Virginia, oil the day of , 1978. 3 / 13 / 7 8 - 3 7 - ITEM #11879 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer indefinitely the following ordinance to amend and reordain the Comprehensive Zoning Ordinance by amending Article 5 to Establish an R-7A Residential District: AN ORDINANCE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING ARTICLE 5 TO ESTABLISH AN R-7A RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5 of the Comprehensive Zoning Ordinance is amended and re- ordained by adding the R-7A District, as follows: G-1 R-7A Residential District 565. Legislative Intent The purpose of the R-7A Residential District is to provide for single family homes on small lots with narrow frontages in concentrated rather than scattered areas. It is for general application throughout the city wherever facilities are adequate to accomodate it. 566. Use Regulations Within an R-7A Residential District only the following uses and struc- tures shall be permitted: (a) Principal uses and structures: (1) Dwellings, one family detached; (2) Agricultural and horticultural uses and structures; provided that uses and structures relating to the keeping of livestock, poultry or bees shall not be allowed; (3) Day care centers and child care education centers in connec- tion with public or private elementary schools or churches; (4) Non-illuminated golf courses, including par 3 but not iiiiniature, with a minimum area of ten (10) acres, together with such uses which are incidental to golf courses, provided that such uses shall be designed and scaled to nieet only the requirenients of the members, guests, or users of the golf course, and no signs or other indications of such uses shall be visible froni arly public way; (5) Parks, playgrounds and community centers, botanical and zoolo- gical gardens and other public buildings and uses; (6) Public elementary, intermediate, and high schools, colleges and universities, business colleges (but not trade schools); day nurseries in connection with public or private elementary schools or churches; 3 / 1 3 / 7 8 3 8 - (7) Public utilities installations and substations, provided offices or storage or maintenance facilities shall not be permitted; and Drovided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in heiglit; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening. (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to garages, tool sheds, green houses, swimming pools, barbecue facilities and tennis courts. (c) Conditional uses and structures. Uses and structures hereinafter specified; subject to cDMpliance with the provisioiis of Part C of Article 2 hereof: (1) Churches; (2) Day care centers; (3) Extractive industries, including the reffloval of sand and soil; (4) Facilities for the production of live theatre and allied pur- poses including education in the theatre arts; (5) Museums and art galleries when not operated by a public agency; (6) Private schools having academic curriculunis sinlilar tD public schools; (7) Recreation and amusement facilities of an outdoor nature, other than as specified under permitted principal uses and structures, which may be partially or temporarily enclosed on a seasolial basis with approval of City Council, except that riding acadelilies and recreational campgrounds shall not be allowed as a conditional use or otherwise; (8) Storage and maintenance installations for public utilities. 567. Minimum Lot Area, Lot Width, Yard Spacing, and Height Regulations Within the R-7A Residential District, the following shall apply: (a) The minimum lot area for churches shall be three (3) acres. (b) The minimum lot area for one family detached unit shall be 5,000 square feet, and the minimum lot width shall be fifty (50) feet. (c) The minimum size for any parcel under @his provision is 30,000 square feet. For uses other than the residential dwelling unit perillitted in the R-7A District, the itiinimum front yard setback shall be thirty (30) feet, and the minimum side and rear yard setbacks shall be fifteen (15) feet. - 3 9 - (d) For one family detached dwelling, the minimum front yard setbacks shall be thirty (30) feet, the minimum side yard setbacks shall be ten (10) feet on one side and five (5) feet on the other side, and the minimum rear yard setbacks shall be ten (10) feet. (e) Maximum Lot Coverage. The maximum lot coverage for all structures in the R-7A Residential District shall be 40 percent. (f) Height Regulations. The maximum height for all structures in the R-7A residential District shall be thirty-five (35) feet. 568. Off-Street Parking Regulations: (a) For all residential structures the minimum off-street parkin.- requirement shall be two (2) spaces per dwelling unit. (b) For uses other than dwelling units, the minimum off-street parking shall be as specified in the R-1 Residential District. 569. Sign Regulations: (a) For subdivisions not to exceed one (1) identification sign not more than thirty-two (32) square feet in area for each principal entrance of frontage of any use. (b) Signs advertising property for sale, lease or rent, Provided that no such sign shall exceed eight (8) square feet in area, that not more than two (2) such signs shall be erected for each lot. Any property having less frontage or lot line adjoining a street may have only one (1) sign not exceeding four (4) square feet of surface area. (c) In the case of new subdivisions, one (1) sign not exceeding three hundred (300) square feet may be erected at each principal entrance or frontage to facilitate initial sales. Signs must be removed when seventy (70) percent of property has been sold or leased, or after a period of twenty-four (24) months, whichever comes first. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1978. 3/13/78 -4 0 - (d) For one family detached d@velling, the minimum front yard setbacks shall be thirty (30) feet, the minimum side yard setbacks shall be ten (10) feet on one side and five (5) feet on the other side, and the minimum rear yard setbacks shall be ten (10) feet. (e) Maximum Lot Coverage. The maximum lot coverage for all structures in the R-7A Residential District shall be 40 percent. (f) Height Regulations. The maximum heiglit for all structul,es in the R-7A residential District shall be thirty-five (35) feet. 568. Off-Street Parking Regulations: (a) For all residential structures the minimum off-street parkin.- requirement shall be two (2) spaces per dwelling unit. (b) For uses other than divelling units, the minimum off-street parking shall be as specified in the R-1 Residential District. 1 569. Sign Regulations: (a) For subdivisions not to exceed one (1) identification sign not more than thj-rty-tnvo (32) square feet in area for each principal entrance of frontage of any use. (b) Sigiis advertisiii- propertv for sale, lease or rent, provided that no such sir_n sl)all exceed eigli'L-1 (8) square feet in area, that not more than two (2) such signs shall be erected for each lot. Any property having less frontage or lot line adjoining a street may have only one (1) sign not exceeding four (4) square feet of surface area. (c) In the case of new subdivisions, one (1) sign not exceeding three hundred (300) square feet may be erected at each princi.pal entrance or frontage to facilitate initial sales. Signs must be removed @@,hei) seventy (70) percent of property has been sold or leased, or after a period of twenty-four (24) moliths, Nvhichever comes first. DEFERRED INDEFINITELY: March 13, 1978 Adopted by the Council of the City of Vi).-giiiia, Beach, Virginia, on the day of 1978. ITEM #11880 COUNCILMAN CROMWELL LEFT COUNCIL CHAMBERS On motion by Vice Mayor Standing, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., C,uncilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: 4 1 - AN ORDINANCE TO AMEND AND REORDAIN SECTION 9.3 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO VARIANCES BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACI-1, VIRGINIA: That Section 9. 3, Variances, of the Subdivision Ordinance of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: 9. 3 Variances. The Planning Commission may authorize upon appeal in specific cases such variances frorn the strict application of the terms of this ordinance as will not be contrary to the public inte rest when, owing to special conditions, a literal enforcement will result in unnecessary hardships, provided that the spirit of this ordinance shall be observed and substantial justice done. No variance shall be authorized by the Comrnission unless it finds that: (a) Strict application of the ordinance would produce undue hardship. (b) The authorization of the variance will not be of substantial detrirnent to adjacent property, and the character of the neighborhood will not be adversely affected. (c) The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. (d) The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or develop- rnent of the property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. (e) The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. 3 / 13 / 7 8 4 2 - Where a variance is granted, the Planning Commission may attach such conditions and safeguards as are deemed necessary to protect general public interest or the character of the neighborhood, and may require a guarantee or bond to assure compliance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of March 197 8. ITEM #11881 COUNCILMAN CROMWELL RETURNED TO CHANBERS Mr. Grover C. Wright, Jr., Attorney, represented Mr. Parker On motion by Councilman Griffin, seconded by Vice l@yor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve a subdivision variance for John P. Parker. This is for a commercial subdivision located near the Ililltop Shopping Center at the southeast corner of Laskin Road and First Colonial Road. This subdivision is in the form of a cul-de-sac with a number of surrounding lots. Approval of this request is subject to the following: 1. Minimum pavement of 36 feet 2. Dedication of 5-foot utility easements on each side of the 50-foot right-of-way. 3 1 37 8 - 4 3 - ITEM #11882 Mr. Nick Cohen, Attorney, represented the Fraternal Order of Police On motion by Councilman McCoy, seconded by Councilman @iaterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Nays: Vice Mayor Patrick L. Standing Absent: None City Council voted to defer for one (1) week the following ordinance to amend and reordain Section 2-34 of the Code of the City of Virginia Beach, relating to promotions: AN ORDINANCE TO AMENB AND REORDAIN SECTION 2-34 OF THE CODE OF THE CITY OF VIRGINIA BEACH, RELATING TO PROMOTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-34 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 2-34. Promotions. A promotion shall be an advancenient by a full-time permanent oi- probational employee to a higher pay range granted to an employee in conjunction with increased job duties and responsibilities. When employees are promoted, their salary shall be increased to the minimum step @or that class (A Step) or two pay increnients above their present range and step whichever is greater. Ho@qever, such an increase shall not place the employee at a pay step in the range of the new position hiqher than the pay step held in the range of the former position. The effective date of all promotions shall be the first day of the pay period. Employees who are prorioted on their anniversary date and are eligible for a merit increase iilay receive a three step pay increment increase over their former salary level provided such an inc@@ease shall not place the employee at a pay step in the range of the new position more than one step higher than the step held in the range of the former position. ,@ll 4 4 - COUNCILMAN GRIFFIN LEFT CHAMBERS MAYOR HOLLAND LEFT COUNCIL C@ERS On motion by Councilman Ferrell, seconded by Councilman i4cCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen John R. Griffin, and Mayor Clarence A. Holland City Council voted to approve on first reading the following ordinance to reduce appropriations to the substance abuse service programs: AN ORDINANCE TO REDUCE APPROPRIATIONS TO THE SUBSTANCE ABUSE SERVICE PROGRAMS WBEREAS, the Virginia Beach City Council approved an appropriation of $315,945, estimated revenue of $164,494, and a local match of $151,451, for the Sub@tance Abuse Service Programs, in the Fiscal Year 1977-78 Operating Budget; and WHEREAS, the Virginia Beach City Council approved, on July 25, 1977, an additional appropriation of $600, estimated revenue of $570, and a local match of $30; and WHEREAS, the State Department of Mental Health and Mental Retardation has approved an award in the amount of $283,966, including a local match of $151,053; and WHFREAS, the Division of Justice and Crime Prevention has approvad an award in the amount of $16,000, including a local rmtch of $800. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Substance Abuse Service Progranis' appropriations be re- duced by $16,579, as follows: Approved Revised Total Reduction in Substance Abuse Budget Budget Appropriations Service Programs 3@16,-5@5 299,9 6 $16,579 That the estimated revenue from other agencies be reduced by $16,951, and a local match of $372 be transfered from the Reserve for Contingencies - Regular. First Reading: Aarch 13,1978 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia on the day of --- -1 1978. 3 / 13 / 7 8 ITEM #11884 4 5 MAYOR IIOLLAND RETURNED TO CHAMBERS The following bids have been received for the replacement of the existing Salt Water Pump Station Pier at Sandbridge: W. F. Magann Ford Pile McLean Contracting Corporation Foundations, Tnc. Eompany Bid Item #1 $ 99,517.00 $ 36,000.00 $ 41,000.00 Demolition of Existing Pier Bid Item #2 10,000.00 8,000.00 5,000.00 Removal of Submerged Crane Bid Item #3 146,054.00 304,800.00 220,950.00 Installation of Pier to Pump Station Bid Item #4 22,532.00 46,000.00 26,000.00 Installation of Last 72' of Pier Totals $278,103.00 $394,800.00 $292,950.00 Engineer's Estimate - $361,894.00 On motion by Vice Mayor Standing, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John R. Griffin Due to an error in their bid tabulations, M. F. Magann withdrew their bid, therefore, City Council voted to approve the low bid of McLean Contracting Company, in the amount of $292,950, upon the condition that the contractor simultaneously executes a deduct change order in the amount of $8,250 for the replacement of the existing Salt Water Pump Station Pier at Sandbridge; and further voted to approve on first reading the following ordinance to appropriate $258,848.00 for the replacement, enlargement and improvement of the existing Salt Water Pump Station Pier at Sandbridge: 3 / 1 3 / 7 8 4 6 - AN ORDINANCE TO APPROPRIATE $258,848.00 FOR THE REPLACEMENT, ENLARGEMENT AND IMPROVEMENT OF THE EXISTING SALT WATER PUMP STATION PIER AT SANDBRIDGE WHEREAS, the Sandbridge Salt Water Pump Station is essential to retaining the salinity level of Back Bay; and WHEREAS, the pump station and pier appraised at $63,000 depreciated cash value were recently destroyed by fire; and WHEREAS, this loss of $63,000 was covered fully by the self- insurance fund of which $22,913 has previously been paid for repairs to the pump and motor, electrical control system, and engineering design fees; and WHEREAS, the construction of the new pier is estimated to cost $298,935 since it is to be enlarged and improved so it can be expanded for use as a public fishing pier in the future; and WHEREAS, $40,087 of the cost remains to be paid by the self- insurance fund, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $258,848 be appropriated from the General Fund Balance to cover the remaining cost of replacing, enlarging and improving the pier. Adopted by the Council of the City of Virginia Beach on the day of 1 1978. FIRST READING: March 13, 1978 SECOND READING: 3 1 3 7 8 - 4 7 - ITEM #11885 On motion by Councilman Waterfield, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman kleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John R. Griffin City Council voted to approve the following ordinance to amend and reordain Secti,n 33-58 of the Code of the City of Virginia Beach relating to penalties for violation of the division concerning Taxation on Lodging: AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-58 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO PENALTIES FOR VIOLATIONS OF THE DIVISION CONCERNING TAXATION ON LODGING. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-58 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 33-58. Penalty for violation of division. Any Person violating or failing tO COMPIY with any provision of this division shall, upon conviction thereof, be guilty of a Clas-s I misdemeanor. Each such violation or failure to pay shall constitute a separate offense. Such con- viction shall not relieve any such person from the payment, collection or remittance of the taxes provided in this division. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of March 1978. 3 / 1 3 / 7 8 ITEM #11886 -4 8 On motion by Councilman Waterfield, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John R. Griffin City Council voted to approve the following ordinance to amend and reordain Section 33-74 of the Code of the City of Virginia Beach relating to panalties for violation of the division concerning Taxation on Admissions: AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-74 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO PENALTIES FOR VIOLATIONS OF THE DIVISION CONCERNING TAXATION ON ADMISSIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-74 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 33-74. Penalty for violation of division. Any person violating or failing to comply with any provision of this division shall, upon conviction thereof, be guilty of a Class I misdemeanor. Each such violation or failure to pay shall constitute a separate offense. Such conviction shall not relieve any such person from the payment, collection or remittance of the taxes provided in this division. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1978. 3 / 1 3 / 7 8 4 9 - ITEM #11887 On motion by Councilman Waterfield, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen-John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John R. Griffin City Council voted to approve the following ordinance to amend and reordain Section 33-89 of the Code of the City of Virginia Beach relating to penalties for violation of the division concerning Taxation on Persons Obtaining Food at Restaurants, etc: AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-89 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO PENALTIES FOk VIOLATIONS OF THE DIVISION CONCERNING TAXATION ON PERSONS OBTAINING FOOD AT RESTAURANTS, ETC. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-89 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 33-89. Penalty for violation of division. Any person violating or failing to comply with any provision of this division shall, upon conviction thereof, be guilty of a Class I misdemeanor. Each such violation or failure to pay shall constitute a separate offense. Such con- viction shall not relieve any such person from the payment, collection or remittance of the taxes provided in this division. Adopted by the Council of the City of Virginia Beach, Virginia, on the 13 day of March 1978. 3 / 13 / 7 8 5 0 - On motion by Councilman Mcdoy, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr.,,George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman John R. Griffin City Council voted to approve the following ordinance to amend and reordain Section 32-55 of the Code of the City of Virginia Beach pertaining to Display of House Numbers: AN ORDINANCE TO AMEND AND REORDAIN SECTION 32-55 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO THE DISPLAY OF HOUSE NUMBERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 32-55 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 32-55. Duty of owner to display house number. It shall be the duty of the owner of each house or business in the City to properl.-y display at the front thereof, in a position easily observed from the street, the proper number of his house, for the ascer- tainment of which he shall apply to the planning commission. In addition to, but not in lieu of the requirement above, it shall be permissable to display the number of the house on the curb in front thereof. Any display of the house number on the curb shall conform to the following standard: The numbers shall be in b,.Iock forrn painted with black paint. The numbers shall be four 4 inches high and three-fourths (3/4) inches w de. There shall be no more than two (2) inches between numbers. 'Every person convicted of violating this section shall be fined not exceeding ten dollars, and for each day that such violation shall continue after conviction thereof shall be deemed to consitute a separate offense. ITEM #11889 -51- Mr. Raymond Harper appeared before Council regarding Sewer Clean-Outs. Mr. Harper stated that a plumber will clean out sewers for $50.00, and the City charges $100.00 to do the same job, and requested the Council to give the citizens an option of whether they want a private plumber or the City to handle the job. ITEM #11890 Councilman Baum read to Council the law concerning the Freedom of Information Act and stated that the same restrictions should be placed on the General Assembly. ITEM #11891 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by acclamation, the meeting adjourned. Richard J. We n, City Clerk Mayor Clarence A. Holland, M.D. City of Virginia Beach, Virginia March 13, 1978 h 3 / 1 37 8