OCTOBER 9 ,1978
CITY OF VIRGINIA BEACI
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id@ B.,..gh
VICE MAYOR J. HENRY M,COY JR., D.O.S., K..p,@ill. B .... gb DONALB w. MERRICK, Ly.@b.@.@ B .... gb
JOHN A. BAUM, BI.,k..t., B .... gh MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i ... @, A@.@ B.,..gb
GEORGE R. FERRELL, At L.,g@ ROGER L. RIGGS, Vi,gi@i. B@.,b B@,..gb
BARBARA M. IIENLEY, P..g. B.,..gh A G E N D A RICHARD 1. WEBRON,.City Cl@lk
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, October 9, 1978 for the purpose of conducting public business and will hear and act
upon the following items:
1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Tnformal Discussion and Executive Session. Upon conclusion of the
Executive Session, City Council will reconvene in the City Council Chambers.
4. Invocation will be given at 2:00 p.m. by the Reverend Thomas C. Britton, Lynnhaven Colony
United Church of Christ, Virginia Beach, Virginia. Please remain standing for the Pledge
of Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of O(,tober 2, 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 separately.
a. Letter from the City Manager recommending that City Council approve an ordinance to
amend and reordain Sections 2-43.1 (b), 243.1 (c), and 2-43.1 (d) of the Code of the
City of Virginia Beach relating to employee grievances.
b. Letter from the City Manager recommending that City Council authorize acquisition
of property in fee simple for right-of-way for Independence Boulevard project 2-818
and the acquisition of temporary and permanent easements of right of way, eitber by
agreement or by condemnation.
C. Letter from the City Manager recommending that City Council approve the request of
the Great Neck Athletic Association for renewal of a Bingo/Raffle permit.
8. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of the Russell Homes, Inc. for a conditional use permit
for a home for the aged on a 4.922 acre parcel located at the northeast corner of First
Colonial Road and Wolfsnare Road (Lynnhaven Borough).
9. Letter from the City Manager transmitting the recommendation of the Planning Comission
for denial of the appplication of Baxter Realty Corporation for a change of zoning from
1-1 Light Industrial District to B-2 Cormnunity Business District on a .33 acre parcel
located on the north side of Greenwich Road, east of Newtown Road (Bayside Borough).
10. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Herman Haasnoot and Jack Booden for a change of zoning
from R-8 Residential District to B-2 Community Business District on a .14 acre parcel
located on the west side of Rockbridge Road, north of Shore Drive (Bayside Borough).
11. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of James E. and Margaret S. Harris for a change of zoning
from R-1 Residential District to R-3 Residential District on a 2.4 acre parcel located on
the south side of Little Neck Road, east of Briar Wood Point (Lynnhaven Borough).
12. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application Donald E. Washburn and Jerrold W. Hutton for a change of
zoning from R-6 Residential District to A-2 Apartment District on a .259 acre parcel
located on the south side of C Street, west of Barberton Drive (Lynnhaven Borough).
13. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Sidney A. and Judith M. Wood for a change of zoning
from A-1 Apartment District to I-1 Light Industrial District on a 2.52 acre parcel located
on the north side of Southern Boulevard, west of Eureka Avenue (Lynnhaven Borough).
14. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of an ordinance to amend and reordain Article 9, Section 911 of the CZO
pertainin@. to mini-warehouses in the B-2 Community Business District.
15. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of an ordinance to amend and reordain Sections 5.6(b) and 5.6(c) of the
Subdivision Ordinance of the City of Virginia Beach relating to sidewalks.
16. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the following ordinances:
a. An ordinance to amend and reordain the CZO by amending Article 5 to establish and
R-7A Residential District.
b. An ordinance to amend and reordain the CZO by amending Article 1, Section 102 to
establish an R-7A Residential District.
17. Letter from the City Manager recommending that City Council approve an ordinance to amend
section 17-22 of the Code of the City of Virginia Beach pertaining to discharge of garbage,
etc., at City Disposal Areas and to repeal Section 17-22.1.
18 Letter from the City Manager recoratnending that City Council approve a Resolution supporting
the eastern alternative for the Interstate 95 connector between Richmond and Petersburg
with a connecting link between Interstate 95 and Interstate 85 south of Petersburg.
19. Old business, deferred from the previous meeting including any report of the Mayor or
Committees named by Council.
20. New business, including any presentations by Council Members, Citizens and Organizations.
a. Councilman Ervin has indicated his intention of presenting a Resolution requesting
that the City Council action of March 10, 1975 concerning the Oil Refinery in
Portsmouth be rescinded.
21. @tion for adjournnient.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACII, VIRGINIA
October 9, 1978
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in
the Conference Room, in the Administration Bui-lding, on Monday,
October 9, 1978, at 1:00 p.m.
Council Members present: John A. Baun, F. Reid Ervin, George R.
Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland,
Vice Mayor J. Henry DicCoy, Jr., Donald W. Merrick, Councilwoman
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
ITEtl #12805
Mayor Standing entertained a motion to permit Council to conduct an
informal meeting to be followed bv an executive session @lor the pur-
pose 6f discussing the following:
1. Discussion or consideration of emdloyment, assign-
ment, appointment, promotion, deraotion, salaries, dis-
cipline or resianation of public officers, appointees
or employees of anv public body.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly lield
property.
3. The protection of the privacy of individuals
in personal matters not related to public business.
4. Investing of public funds wliere competition or
bargaining are involved where, if made public initially,
the financial interest of the governing unit would be
adverselv affected.
5. Consultation with legal counsel and briefing by
staff members, consultants, or attorneys pertaining
to actual or potential litigation, or other legal
r,iatters within tlie jurisdiction of the public body.
On motion by Vice Mayor McCoy, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. fienry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mavor Patrick L.
Standing
Nays: 14one
Absent: None
City Council voted to proceed into the executive session following
the informal discussion.
ITEM #12806
At 2:15 p.m., City Council reconvened in the Council Chambers with
tlie following Members present:
John A. Baum, F. Reid Ervin, Georae R. Ferrell, Councilwoman Barbara
I
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
The invocation was given by the Reverend Thomas C. Britton, Lynnhaven
Colony United Church of Christ, followed b-v the Pledge of Allegiance.
ITEM #12807
On motion by Councilman Baum, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J.,.Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Stahding
I;ays: None
Absent: None
City Council voted to approve the minutes of the regular meeting of
October 2, 1978, and dispensed with the reading of said minutes inas-
much as each Council Member had a copy.
ITEM #12808
Councilman Riggs introduced his neice Miss Holly Riggs, the 1978
Junior Miss winner for the City of Virginia Beach. Miss Riggs is
16 years old and a senior at Kellam Higli School.
ITEM #12809
n 'ordinance upon Application of The Russell House, Inc., for a Conditional
Use Permit for a home for the aged on certain property located at the
Northeast corner of First Colonial Road and Wolfsnare Road, running a
distance of 503.10 feet along the North side of Wolfsnare Road, running a
distance of 400.38 feet along the Eastern property line, running a distance
of 540 feet along the Northern property line and running a distance of
406.78 feet along the East side of First Colonial Road. Said parcel
contains 4.922 acres. LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 10 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way dedication for Wolfsnare Road Extended, a 60-foot
ttreet, will be required along the Southern boundary of this site.
4. An adequate on-site drainage system with the necessary downstream
drainage easements and improvements will be required at the time of
development.
T2i-e-.-,:c6ll6;wing persons appeared in favor of the above petition of
The Russell House, Inc.
Mrs. Mary Ellen Cox, President of the Board, for The
Russell House, Inc.
Mr. Michael Ashe, Architect, for the Russell House
Tlie following persons appeared in favor of The Russell House, Inc.,
but were opposed to stipulation #3 whereby a right-of-way dedication
for Wolfsnare Road Extended, a 60-foot street, will be required along
the southern boundary of this site:
Mrs. Bobbye Michaels, President of the First Colonial
Road Civic League
Mr. Ray Schumann
Mr. Sam Houston, Member of the Mayor's Committee on
Aging
Mr. Harold Johnson, First Colonial Road Civic League
After considerable discussion, Councilman merrick made a motion,
seconded by Councilman Riggs, to approve the above petition of
The Russell House, Inc., for a Conditional Use Permit for a hoine
for the aged, with tlie stipulat on that ite.@#3 f the requirements,
which states: "A riaht-of-way dedication for Wolfshare Road Extended,
a 60-foot street, wiil be required along the southern boundary of this
site", be deleted. The recorded vote is as follows:
Ayes: Councilmen John A. Bauri, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara 11. Henley, Clarence A. ilolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
l@ays: None
Absent: None
City Council voted to approve the followin(,, resolution upon application
of The Russell House, Inc., for a Conditional Use Permit for a liome for
the aged:
RESOLUTION UPON APPLICATIOlq OF TIIE RUSSELL HOUSE, INC., R01078215
FOR A CO!iDITIO14AL USE PERMIT FOR A home for the aced
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Tlie Russell House, Inc., for a Conditional Use Permit
for a liome @lor the aged on certain property located at the Northeast
corner of First Colonial Road and Wolfshare Road, running a distance
of 503.10 feet along the North side of Tlolfsnare Road, running a dis-
tance of 400.33 feet along the Eastern property line, running a dis-
tance of 540 feet along the Northern property line and running a dis-
tance of 406.78 feet along the East side of First Colonial Road. Said
parcel contains 4.922 acres. Lynnhaven Borough.
Approval subject to the following conditions in conjunction with the
intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City Water and Sewer
3. An adequate on-site drainage systeiq with the necessary
downstream drainaue easements and improve,-,lent will be
required at the time of development.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9 day of October, 1978.
ITEM #12810
Councilr.ian Ervin indicated he thought it was important that Council
reconsider the action taken in March of 1975, whereby they urged the
City of Portsmouth to do all that is necessary to encourage construction
of a petroleum refinery in the City of Portsmouth upon condition of
obtaining all necessary permits and authority from the various Federal
and State regulatory agencies.
Councilman Ervin presented the following resolu-lion requestina the
City Council of the City of Virginia Beach to rescind its resolution
of March 10, 1975:
A RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH TO RESCIND ITS RESOLUTION OF MARCH 10, 1975 WHICH URGED THE
CITY OF PORTSMOUTH, VIRGINIA TO DO ALL THAT IS NECESSARY TO EN-
COURAGE HAMPTON ROADS ENERGY CORPORATION TO CONSTRUCT A PETROLEUM
REFINERY WITHIN THE CITY OF PORTSMOUTH, VIRGII.OIA.
WHEREAS, the City Council of the City of Virgi.nia Beach passed a
resolution on March 10, 1975 urging the City cif Portsmouth to do
all that Is necessary to encourage the constru6tion of a petroleum
refinery in the City of Portsmouth, Virginia by Hampton Roads Energy
Corporation upon condition of obtaining the necessary permits and
authority from the various Federal and State regulatory a4encies;
WHEREAS, said resolution was passed by the City Council of the City
of Virginia Beach without the benefit of public hearings and with-
out a thorough evaluation of the potential negative impacts on both
the economy and quality of life in Virginia Beach wliich could result
frorn its construction and operation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That this Council rescinds its action of March 10, 1975,
item 8223, which supported the construction of the
refinery and urges the City of Portsmouth to seek to
broaden its tax base with industries which are more
compatible %4ith the economy of the City of Virginia Beach
as well as the high quality of life now available to our
citizens.
BE IT FURTHER RESOLVED, that the City Clerk be, and he hereby is,
directed to forward this resolution to the City Clerk of Portsmouth,
Virginia, the District Engineer, U.S. Army Corps of Engineers,
Norfolk, Virginia, The Governor, Commonwealth of Virginia, Richmond,
Virginia and the Chief of Engineers, U.S. Army Corps of Engineers,
Washington, D.C.
Adopted by the City Council of the City of Virginla Beach, Virginia,
October 9, 1978.
rescind Council's motion of March 10, 1975, Councilman Merrick
seconded the motion, however, he did indicate that due to a possible
conflict of interest he woul(a second the motion to get it on the
floor, but he would not participate in either the discussion or
the voting.
The following persons appeared in favor ol- the resolution to rescind
the action of Council taken in March of 1975;
Mr. Edmund Ruffin, area busi,-iessman, indicated he was in favor of
Councilman Ervin's resolution, and presented petitions signed by
8,330 people in opposition to the oil refinery, and of tliat 8,330
over 3,000 were signed by residents of Virginia Beach. Nlr. Ruffin
further indicated tliat the oil refinery would be a threat to the
tourist industry in Virginia Beach due to-possible oil spills.
Mr. George Karageorge, representing the Virginia Beach Innkeepers,
ind-icated that the Innkeepers are opposed to the proposed oil
refinery.
Doctor William Cooper, Respiratory Disease Specialist, indicated
that last Tu sday evening, October 3, 1978, at a meeting of the
Virginia Beach Medical Society, a majority of the physicians attending
.passed a resolution stating their opposition to the construction and
operation of a refinery in Portsmouth. The major coiicern of the
physicians was the potential health hazards such a refinery would
generate for their patients and the citizens of Tidewater. Some of
the concerns are as follows: (1) That the southeastern portion of
Virginia does not now meet national air pollution standards; (2) the
proposed refinery will add thousands of tons of pollutants per year
to the Tidewater air; (3) the drain the proposed refinery will have
on ground-water resorces in this region may impair the availabilitv
of safe drinking water for the future; (4) tliat a niajor oil spill
off our Atlantic coast would seriously damage our beaches and cause
significant econor..ic damaae to our citizens; (5) that a major oil
sDill in our rivers and bays may decimate crab, clarq and oyster
populations and seriously imperil the shellfishing industries.
Mr. Michael Savvides, representing the Restaurant Association, urged
Council to reconside-r their action in March of 1975, and indicated
that the refinery would only increase health hazards, over-tax the
water supply, there will be higher levels of air pollutions.
Delegate Bernard B. Barrow indicated he opposed this refinery because
of the adverse impact on our water quality. Chesapeake Bay is a major-
national resource. The National Fish and Wildlife Service-has
determined that the refinery will produce a high potential of serious
impact to the crab fisherv by oil spills.
Mrs. Reba McClanan indicated she was opposed to this refinery because
of what it will do to the tourist industry, and how it will affect
the children that are and will be living in the area.
The following people spoke in opposition to the proposed resolution
to rescihd the original motion made in March of 1975:
Mr. Robert E. Porterfield, Vice President of the Hampton Roads Energy
Company, indicated that since Council endorsed the refinery in 1975,
scientific proof has been presented, along with technical information
and engineering specifications, that show the refinery is going to
ineet all of the environmentally regulations set forth by the Local,
Commonwealth of Virginia, and Federal Governiients. A 401 certificate
has been issued by the State Water Control Board, which certifies that
the dredging and the construction of the refinery will have no detremental
effect on the Elizabeth River. A permit was issued by the Marine Resources
Commission which says the same thing that the marine life in the Elizabeth
River and adjoining'wdters will not be affected by the oil refinery.
@"r. G. E. Leach, Business Manager, International Brotherhood of
Electrical workers, indicated he was in opposition to the proposed
resolutioii to rescind the original motion made in March of 'L975.
Mr. R. @lapli,,, ,r., represented the 13th Street Business Association,
indica'.@ rs family supported the proposed oil refinery for the
following reasons: (1) In 1974, there was no gasoline for people to
come to Virginia Beach; (2) Be good for the tourist industry.
Mr. P. Stockton Fleming, Chairman, Ports.,nouth Industrial Development
Autliority, and Chairman of the Portsmouth Port and Industrial Commission,
indicated he would be reading a letter prepared by Mayor Davis of
Portsmouth, who was unable to attend the Council meeting. The letter
stated that "The Hamp:ton Roads E.,iergy Com,,)any has sought to obtain all
the necessary permits to construct a refinery and a marine terminal in
Portsmouth, Virginia. The permit process has been both long and exhausting.
State as well as Federal agencies have been involved. The Army Corps of
Engineers, witli whom final approval rests, has initiated a lengthy
environinental impact statement, and most recently has added suppleinent
to that statement. On March 10, 1975, the City Council of the City of
Virginia Beach, resolved to strongly urae the City of Portsmouth, Virginia,
to do all that is necessary to encourage the construction of a petroleum
refinery by the Hampton Roads Energy Company, upon the condition of
obtaining the necessary permits and authority from the various State and
Federal regulatory agencies. This resolution was adopted witli one
abstention. Recent media coverage has brought to our attention that
an attempt to rescind your action of March 10, 1975, would take place
today. On January 13, 1976, the City Council of Portsmouth, reaffirmed
its support of the construction and operation of the proposed oil refinery,
and it was unaniriously of the opinion that (1) the project can be built
and constructed while protecting the environment; (2) the project will
increase the City's tax base as well as be an economic boost to T-idewater
and the Commonwealth; (3) other industrial development will occur in the
area; (4) the port business as well as the national defense with be
enhanced; (5) the chance of a shortage of natural gas and other energy
sources will be reduced. The Citizens Against Refinery Effects (CARE)
have consistantly opposed the construction and operations of a refinery
within the boundaries of the City of Portsmouth. This opposition, while
p;urporting to be as a result of a concern over environmental issues, seems
to have concentrated solely on the one industry which would perhaps be
the cleanest in Virginia." (This is only part of Mayor Davis's letter)
aptain Rich ard Counsellman, President of the Virginia Pilot Association,
d he
,ndicate was in suppert of the oil refinery. Two oil tankers Der
week would be coming to the proposed refinery. All vessels coming to
this refinery would be required by State law to take one of the Pilot
Associations pilots.
After considerable discussion, Councilwoman Henley offered a substitute
motion, seconded by Councilwornan Oberndorf, to approve the following
resolution reiterating and reinforcing its concern that the environmental
impact of the proposed Portsmouth refinery on Virginia Beacli be given a
high priority in assessing the issuance of necessary permits:
R B S 0 L U T I 0 N
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH
REITERATING AND REINFORCING ITS CONCERN THAT THE ENVIRONMENTAL
IMPACT OF THE PROPOSED PORTSMOUTH REFINERY ON VIRGINIA BEACH
BE GIVEN A HIGH PRIORITY IN ASSESSING THE ISSUANCE OF
NECESSARY PERMITS.
WHEREAS, the Ci,ty Council of the City of Virginia Beach
passed a Resoiution on March 10, 1975, urging @he dity of
Portsmouth to do all that is necessary to encourage the
coiistructi6n of a petroleum refinery in the City of Portsmouth',
Virginia, by Hampton Roads Energy,Corporation upon condition
.of obtaining the necessary permits and authority from the vari
Federal and State regulatory agencies; and
WHEREAS, since the passage of said Resolution, there
has beeh considerable study relating to the environmental impact
of the proposed refinery with reports relating to effects on
both water and air quality; and
WHEREAS, the City of Virginia Beach necessarily has
great concern for the purity of its waters because of its
reliance on that resource for its tourism and seafood industries,
and the quality of its air for the health, safety, and welfare
of its residents and visitors.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, that this Council respectfully
urges that the envirorunental impact that the proposed refinery
in Portsmouth would have on Virginia Beach be given just
consideration and careful review in making determination for tho
issuance of the necessary permits.
BE IT FURTHER RESOLVED, that the City Clerk, be, and
hereby is, directed to forward this Resolution to the City Clerk
of Portsmouth, Virginia; the District Engineer, United States
Army Corps of Engineers, Norfolk, Virginia; the Governor of
the Commonwealth of Virginia, Richmond, Virginia; and the Chief
of Engineers, United States Army Corps of Engineers, Washington, D.C.
Vice Mayor McCov offered a substitute motion to Councilwoman Henley's
substitute motion, seconded Councilman Holland to keep the following
original resolution passed by Council on March 10, 1975, intact.
IqHEREAS, liampton Roads Energy Corporation alinouncea its
intention to construct a petroleum refinery in the City of
Portsmouth, Virginia; and
1,MEREAS, the construction of a petroleum refinery in
Por@-smouth, @,ihich m@ell.s ill environm@-;,tal s-landar'-S
will provide economic viability to all political subdivisions
of Southeastern Virginia, as well as the Co.TLmonwealth of
Virginia.
NOW, THEREFORE, BE IT RESOLVED. BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That this Council does stroiigly urge the City of
Portsmouth, Virginia to dc all that is necessary
to encourage the construction O.' a petroleum refinery
in the City of Portsmouth, Virginia by Ham,.p-@on Roads
Energy Corporation upon conditi-on of obtaining the
necessary permits and authority from @'he various
Federal and State regulatory agencies.
BE IT FUDTIIER -ESO LVED, that the City Clerk be, and he
hereby is, directed to forward this resolution to the City Clerk
of Portsmouth, Virainia.
That thi@ r,@O)Lttt "@r. sliq@XL ih ef f ect from a:nd--a,.fL@@
tha date of it-s
Adopted by:tlle City Couiicil of tho City of Vir-.inia Beach, Virginia,
,Nlarch 10, 1975.
illu VULU Ull LIIU @Uld@L-LLU@u Lo tii@ suu@titute motion is as
kollows:
Ayes: Councilmen John A. Baurq, George R. Ferrell, Clarence A.
Holland, and Vice Mayor J. Henry McCoy, Jr.
Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. Ilenley,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Abstain: Councilman Donald W. Merrick
Absent: None
The above motion to pass the original motion approved by Council on
March @O @l 75, was lost.
ITEM #12810(a)
City Council voted on the motion by Councilwoman Henley, and seconded
by Councilwoman oberndorf to approve the followina resolution reiterating
and reinforcing its concern that the environmental impact of the proposed
Portsmouth refinery on Virginia Beach be given a high priority in
assessing the issuance of necessary permits@ The recorded vote is as
follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Abstain: Councilman Donald W. Merrick
None
uncil voted to approve the followina resolution by the Council
of the City of Virginia Beach reiterating and reinforcinq its concern
that the environmental impact of the proposed Portsmouth refinery on
Virginia Beach be given a high priority in assessino the issuance of
necessary permits:
R E S 0 L U T I 0 N
RESOLUTION BY THE CITY COU14CIL OF THE CITY OF VIRGINIA
BEACH REITERATING AND REINFORCING ITS CONCERN THAT THE
ENVIRONMENTAL INIPACT OF THE PROPOSED PORTSMOUTH REFINERY
ON VIRGINIA BEACH BE GIVEN A HIGH PRIORITY IN ASSESSING
THE ISSUANCE OF NECESSARY PE@14ITS
WHEREAS, the Citv Council of the City of Virginia Beach passed
a Resolution on March 10, 1975, urging the Citv of Portsmouth to do
all that is necessary to encourage the construction of a petroleum
refinery in the City of Portsmouth, Virginia, by Hampton Roads Energy
Corporation upon condition of obtaining the necessary permits and
authority from the various Federal and State regulatory agencies; and
WHEREAS, silice the passage of said Resolution, tliere has been
considerable study relating to the environmental impact of the pro-
posed refinery with reports relating to effects on both water and
air quality; and
WHEREAS, the City of Virginia Beach necessarily has great concern
for the purity of its waters because of its reliance on that resource
for its tourism and seafood industries, and the quality of its air for
the healtli, safety, and welfare of its residents and visitors.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF TIIE CITY OF
VIRGINIA BEACH, VIRGINIA, that this Council respectfully urges tliat
the environmental impact that the proposed refinery in Portsmouth
would liave on Virginia Beach be given just consideration and careful
review in making determination for the issuance of the necessary
permits.
BE IT FURTHER RESOLVED, that the City Clerk, be, and hereby is,
directed to forward this Resolution to the City Clerk of Portsmouth,
Virginia; tfie District Engineer, United States Army Corps of
Engineers, Norfolk, Virginia; the Governor of the Commonwealth of
Virginia, Richmond, Virginia; and the Cliief of Enqineers, United
States Army CorDs of Engineers, Washington, D. C.
Adopted by the Council of the City o.@ Virginia Beach, Virainia,
on the 9th day of October -1 1978
ITEM #12811
The following persons appeared in favor of the proposed ordinance
to amend and reordain the Corqprehensive Zoning Ordinance by amendina
Article 5 to Establish an R-7A Residential District; and an ordinance
to ariend and reordain the Comprehensive zoning Ordinance bv arending
Article 1, Section 102 to establisli an R-7A Residential District:
Mr. Jesse Putrell
Mr. Leo Marshall
The following persons appeared in opposed to the above mentioned
ordinances:
Mrs. Martha Reese, President, Lake View Park tivic League
Mr. A. W. Balko, Chairman, Great @leck Association of Civic
Leagues
Mr. lloward Wallace
14r. Sam Houston
Mr. Gilbert K. McGawrey
birs. Reba McClanan
llr. Irvin Douglas, Kings Point Civic League
-,he following persons did not speak, however, they wislied it known
that they were opposed to the proposed ordinances:
Mrs. Carol LaHerner Ms. Vicky Dailey
Mrs. Martha H. Sinith Horace C. Dailey
Mrs. Helen Paul Robert J. Day
DeCova E. @IcGawrey Geraldine Day
W. O'Colinell, Jr.
Mrs. Joice P. O'Connell
After considerable discussion, Councilnan Ferrell made a motion,
seconded by Councilman Ervin, to disapprove the recommendations of
the Planning Commission and deny the following ordinance to amend
and reordain the Comprehensive zoninq Ordinance to amend Article 5
to establish an R-7A Residential District. The recorded vote is
as follows:
Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: Councilman John A. Baum
Absent: None
City,Council voted to deny 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 REBRDAIN
THE COMPREHENSIVE ZONING ORDINANCE
BY AMENDING ARTICLE 5
TO ESTABLISH AN R-7A RESLDENTIAL 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 Distri ct, 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 froniages in concentrated rather
than scattered areas. It is for general application throughout the
city wherever facilities are adequate to accododate it.
566. Use Regulations
Within an R-7A Residential District only the following uses and struc-
t@es 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 churdhes;
(4) Non-illuminated golf courses, including par 3 bbt not miniature,
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 meet only the requirements of
the members, guests, or users of the golf course, and no signs
or other indications of such uses shall be visible from any
public way;
(5) Parks, playgrounds and community centers, botanical and zoolo-
gical gardens and other public buil.dings 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 chur@hes;
(7) Public utilities installations and substations, provided
offices or storage or maintenance facilities shall not be
pemitted; and provided, 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 height; 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 compliance with the provisions of Part C
of Article 2 hereof:
(1) Churches;
(2) Day care centers;
(3) Extractive industries, including the removal 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 curriculums similar to 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 seasonal
basis with approval of City Council, except that riding academies
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 this provision is 30,000 square
feet. For uses other than the residential dwelling unit permitted in
the R-7A District, the minimum front yard setback shall be thirty (30)
feet, and the minimum side and rear yard setbacks shall be fifteen
(15) feet.
I
I I I I :
I
I
I
I
I
I
I I
I
i
I
(d) For one family detached dwellings, 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 parking re-
quirement 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 Rogulations
(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 6xceed 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. Sign 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.
APP T() CONTENT
Denied by Council on October 9, 1978.
@IG'4AT6dE
7,?
D@,PA'T,WNT
AftL7@.OV'C'D AS TO 'r 0 P. I,,t
SIdNATURE
@I'TY ATTORNEY
Requested by: City Manager
AN OPDINANCF TO AMEND AND PEOMAIN
S=ICNS 2-43.1(b), 243.1(c), and 2-43.2(d)
OF THE CODE OF THE CITY OF VIPGINIA
BEACIi, VIW.@, RELATING TO EMPLOYEE
S.
BE IT O@ BY THE COUNCIL OF THE CITY OF VIIGINIA BEACH, VIICINIA:
That Sections 2-43.1(b), 2-43.1(c), and 2-43.2(d) of the Code of the City
of Virginia Beach, Virginia, are hereby ed and reordained as follows:
Section 2-43.1. Grievance Policy.
(b) Definition: A grievance shall be defined as a ccnplaint or dispute
by an mployee relat@ to his or her employmnt, including, but not necessarily
li.mited to, (i) disciplinary actions, involving dismissals, demtions and suspension;
(ii) concerns regarding the application, @ing or interpretation of personnel
policies, procedures, Depar@t of Persomel approved rules and regulations; and
(iii) acts of reprisal as the result of utilization of the grievance procedure; and
(iv) ccmplaints of discr@tion on the basis of race, color, creed, sex, age or
handicapped. Ccmplaints shall not be grievable where they involve (i) establis@t
and revision of wages or salaries, position classifications or general benefits;
(ii) work activity accepted by the @loyee as a condition of @loymnt or work
activity which my be reasonably expected to be a part of the job content; (iii)
the contents of ordinances, statutes or established personnel policies, procedures,
Depar@t of Personnel approved rules and regulations; (iv) failure to prcmote,
except where the ernployee can sbow established prcmtional policies or procedures
were not foll@ or applied fairly; (v) the @thdds, @s and persormel by which
wrk activities are to be carried on; or (vi) discharge, lay-off, or suspension frcm
duty because of lack of work, reduction in work force, or job abolition.
If there is a question o- grievability, either the grievant or management
rnust contact the director of personnel iately and in writing to request a
determination of grievability. The question of grievability my only be raised
once the grievance has been placed in writing but prior to the Persormel Board
hearing (steps 2 through 4). The decisions regarding whether or not a rmtter
is grievable shall be made by the city manager or the director of persormel
within ten days of the receipt of the request in writing. The decision of the
city Tnanager or director of persomel as to grievability may be appealed to the
Circuit Court of the City of Virginia Beach for a hearing de riovo.
The five (5) consecutive @rking day period referred to throughout this
pc)licy shall be defined as the equivalent of forty (40) consecutive @rking hours
for all eniployees.
Grievances pertaining to dismissal, demotion and suspension for rnore than
five (5) consecutive working days shall be defined as Type A grievances throughout
this policy. All other grievances shall be defined as Type B.
(c) Eligibility: All full-time pe@ent and part tim perraanent merit
employees, as defined in Section 2-43.4, and all full-tim permanent and part tim
perTnanent employees of the constitutional offices (excluding the elected officials)
by written consent of the elected official shall be eligible to utilize all phases
of this policy, unless otherwise specified in this section. All merit and constitu-
tional office eaployees (excluding the elected officials) whose emplo@t status is
part time t@rary, part tim probational, full tim t@rary and full tim probational,
shall be eligible to utilize this policy only up to and including step 4 (city manager)
involving Type B grievances. For the purpose of this pc)licy, a probational employee
shall be defined as an c:mployee who has yet to ocniplete the initial six nionths of
@lOYntent with the city, with the exception of police and fire in which designated
enployees serve a one year initial probationary period which follows any origi-nal
mploy-t - r-eWlo@t. At no tiim shall any part-tinle @rary, part-tim
probational, full-tim t@rary, or full-tim probational employee be all@ to
appeal a Type A grievance. All ent police officers who elect to follow the
Police Officers Bill of Rights to air their concerns regarding di@ssals, demtions,
suspension or transfers for punitive reasons, shall not be eligible under this
pr-ed-e.
Section 2-43.2 Same - Procedure.
(d) Alternation of or failure to nieet tijm limits: Should there be
extenuating circumstances, the secretary of the Persomel Board can alter the tme
limits as set forth herein. If during the procedure the iate supervisor or
depar@t head fails to provide an answer within the time limits as provided,
the cirievant rfkay iately proceed to the next step. If the City @ger fails
ITEM #12812
'Councilman Ferrell made a motion, seconded by Councilman Ervin, to
disapprove the recommendations of the Planning Cowxaission and deny
the following ordinance to amend and reordain the Comprehensive
Zoning Ordinance b@r amending Article 1, Section 102 to establish
an R-7A Residential District. The recorded vote is as follows:
'Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice mayor J. Henry McCoy,
Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: Councilman John A. Baum
.Absent: None
City Council voted to deny 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 ORDINANTE TO AMEND AND REORDAIN
THE COMPREHENSIVE ZONING ORDINANCE
BY AMENDING ARTICLE 1, SECTION 102
TO ESTABLISH ANR-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:
(6) In order to carry out the purpo@es and provisions of this
Ordinance, the following districts are hereby established:
(3) Residential Districts. Residential Districts shall con-
sist of:
R-1 Residential
R-2 Residential
R-3 Residential
R-4 Residential
R-5 Residential
R-6 Residential
R-7 Residential
R-7A Residential
V-8- Residentia
R-9 Residential Townhouse
Adopted.by the Council of the City of Virginia Beach, Virginia, on the
day of 1978.
APPROVP AS TO CONTENT
Denied by Council on October 9, 1978.
ITEM 412813
on motion by Co_oilman Merrick, seconded by vice Mayor McCoy, 2,nd
by recorded vote as fol-lows: Ferrell,
Ba,,M, F. Reid Ervin I George R.
@y,s: councilmen John 71. Cl,ren', A. H.11and, Vice Mayor
councilwoman Barbara M. Henley, merrick, co,,ncilwoman Meyera E.
j. 14enry MCCOY, Jr., Donald W.
oberndorf, j. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: l@one
City Council voted to approve the following consent agenda, iteins 7a
through 7c:
ITEM #12814
on notion by Coincilman Merrick, seconded by vic, Mayor McCOY, and
by recorded vote as follows:
in, George R. Ferrell,
Councilmen John A. Baum, F. Reid Erv e Mayor
Ayes: Clarence A. Holland, Vic
Councilwoman Barbara M. l@enle-VI @vierrick, CoincilwOman Meyera E.
J. Henry McCOY, Jr., Donald W.
Oberndorf, J. Curtis Payne, ROger L. Riggs, and mayor Patrick L.
Standing
Nays: None
Absent: None 10110winq ordinance to amend and
city council voted to approve t e f the Code
reordain Section, 2-43.1(b), 2.43-1(c), and 2-43.2(d).o
of the CitY Of Virginia Beach relating to employee grievances:
city manager or director of per-1 as to grievability naY be appealed to the
Circuit Court of the City of Virginia B-ch for a hearing de n-0-
The five (5) consecutive working day Per'od -f-ed tc) throughout this
policy shall be defined as the eqliivalent of forty (40)- -tive -rking hO-s
for all employees-
Grievances @taining to di@ssal, demotion @ sus@j_- fOr - than
five (5) consecutive workirig days shall be defined as Type A gri-es thr-ghout
this pc)licy. All other grievances shall be defined as Type B.
(c) Eligibility: All full-ti- pe@ent and @t tim perr@t nierit
loyees, as defined in Section 2-43.4, and all full-tire ent and part t @
per-n-t mployees of the constitutional offices (excluding the elected officials)
by written consent of the elected official shall be eligible to utilize all phases
of this policy, unless otherwise specified in this section. All -rit and constit@
tional office @loyees (-Juding the elected officials) whose @lo@t status is
@ tirw t@rary, part ti- probatio-l, full tim t@rary and full tim Probational'
shall be eligible to utilize this policy OnlY uP tO and including step 4 (city @ger)
involving Type B grievances. For the purpose of this policy, a probatio-1 -ploy-
shall be defined as an employee who has yet to cmplete the initial six mnths of
empi t with the city, with the exception of police and fire in whi-ch designated
@loyees serve a one year initial probationary period which foll- -Y Orlg@l
EMlo@t or re-enploymnt- At no tiine shall anY Part-tim t@rary, part-ti-
probational, full-tim t@rary, - full-t@ probational emloyee be allowed to
appeal a Type A grievance. All permanent Police officers who elect to follow the
Police Officers Bill of Rights to air their concerns recjarding di@ssals, demotions,
suspension or transfers for punitive reasons, shall not be eligible under this
procedure.
section 2-43.2 Same - Procedure.
(d) Alternation of or failure to nieet tine l@ts: Should there be
extenuating circumstances, the secretary of the Personnel Board can alter the time
limits as set forth herein. if duririg the procedure the iate supervisor or
department head fails to provide an an@ within the tirrke limits as provided,
the grievant may iately proceed to the next step. If the City -@ger fails
Requested by: City Manager
AN OFOINANCE To AND PEO 2-43.2(d)
S=IONS 2-43.1(b), 243.1(c), and
OF THE CODE OF THE CITY OF VIRGINTA
BEACH, VIRGINIA, FMATING To APLOYEE
CES.
BE rr 010 BY THE C@IL OF THE CITY OF VIRGINIA BEACH, VIMINIA:
That Sections 2-43.1(b),2-43.1(c), and 2-43.2(d) of the Code of the City
of Virginia Beach, Virginia, are hereby ed and reordained as follows:
Section 2-43.1. Grievance Policy.
(b) Definition: A grievance shall be defined as a cornplaint or dispute
by an mployee relati-ng to h:i-s or her Erplo@t, includi-ng, but not necessarily
limited to, (i) disciplinary actions, involving disinissals, demtions and suspension;
(ii) concerns regarding the applicati-on, @ing or -interpretation of personnel
policies, procedures, Departnent of Persomel approved rliles and regulatims; and
(iii) acts of reprisal as the result of utilization of the grievance procedure; and
(iv) ccrnplaints of discrimination on the basis of race, color, creed, sex, age or
handicapped. Ccmplaints shall not be grievable where they involve (i) establis@t
and revision of wages or salaries, position classifications or general benefits;
(ii) work activity alcoepted by the @loyee as a condition of cwlo@t or vnrk
activity which may be reasonably expected to be a part of the job content; (iii)
the contents of ordinances, statutes or established persormel policies, procedures,
Departnient of Persomel approved rules and regulations; (iv) failure to prcmote,
except where the ernployee can show established prcmotional policies or procedures
were not followed or applied fairly; (v) the methods, mans and personnel by which
w,ork activities are to be carried on; or (vi) discharge, lay-off, or suspension from
duty because of lack of work, reduction in work force, or job abolition.
If there is a question of grievability, either the grievant or @g@t
must contact the director of persomel iately and in writing to request a
determination of grievability. The qliestion of grievability @y only be raised
once the grievance has been placed in writing but prior to the Personnel Board
hearing (steps 2 through 4). The der-isions regarding whether or not a natter
is grievable shall be niade by the city @ger or the director of personnel
within ten days of the receipt of the request in writing. The decision of the
to provide an answer within the tine lindts as provided without just cause, this
shall result in a decision in favor of the grievant. Failure by the grievant to
process a grievance within the lirdts or agreed upon extension, shall constitute
termination of the grievance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the9
day of October -, 1978.
F r state authority, see Section 2.1-114.5:1,
Code of Virginia (1950) as @ded.
ITEM #12815
On m6tion by Councilman Merrick, seconded by Vice Mayor McCoy, and
by recorded vote as follows:
@Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, 1,1 Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. errick, Councilwoman meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
citY Council voted to approve the followina ordinance authorizing
acquisition of property in fee simple for @ight-of-way for Independence
.Boulevard project 2-818 and the acquisition of temporary and permament
easements of right-of-way, either by agreement or by conderination.
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR INDEPENDENCE
B(XJLEVARD PROJECT 2-818 AND THE ACQUISITION OF
TEMPORARY AND PERMM ENT EASEMENTS OF RIGHT OF
WAY, EITHER BY AGREEMENT OR BY COt4DEMATION.
WHEREAS, in the opinion of the Council of the City of Virginia Beach,
Virginia, a public necessity exists for the construction of this important road-
way 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 CokiNCIL 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 15.1-235 et seq. and Section 33.1-89 et seq., Code of Virginia of
1950, as arnended, all that certain real property in fee simple, including temporary
and permanent easements of right of way as shown on the plans entitled,"Plan And
Profile Of Proposed Construction Of Independence Boulevard,"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 frorn the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 9 day of october 1978. APPR@D CONTENTS
;,io
SIGNATURE
JAR:kg DEPARTMENT
8/31/78 APF @tA
ITEM #12816
tibn by Councilman merrick, seconded by Vice Playor McCoy, and
by recorded vote as follows:
:A.yes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curti's Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the request of the Great Neck Athletic
Association for renewal of a Bingo/Raffle permit.
ITEM #12817
An Ordinance upon Application of Baxter Realty Corp., for a Change of
Zoninq District Classification from I-1 Light Industrial District to B-2
Commur strict on certain property located on the North side
of Greenwich Road beginning at a point 306.49 feet East of Newtown Road,
running a distance of 241.39 feet along the North side of Greenwich Road,
running a distance of 225.46 feet along the Northern property line and
running a distance of 111.47 feet along the Western property line. Said
parcel contains .33 acre. BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 10 for
the motion and 2 against to deny this request. It was felt that the
proposed zoning is inappropriate for this site given the surrounding land
use and zoning pattern.
Very truly yours,
@De.n Lee
Chairman
RDL/Igw
Mr. James Pickrell, Attorney, represented the petitioner.
Councilman Holland made a motion, seconded by Councilwoman Oberndorf,
to approve the above petition of Baxter Realty Corp., for a Change of
Zoning District Classification from I-1 Light Industrial District to
B-2 Co unity-Business District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: Councilman Donald Ii. Merrick
Absent: None
City Council voted to approve the following ordinance upon petition
of Baxter Realty Corp., for a Change of Zoning District Classification
from I-1 Light Industrial DistFict-to-B- Commu ity-Business DistricE--
ORDINANCE UPON PETITION OF BAXTER REALTY CORP., FOR A Z01078383
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 Light
Industrial District to B-2 Co.@unity-Business District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGI,NIA, that:
Petition of Baxter Realty Corp., for a Cha ge f Zoning District
Classification from I-1 Liaht Industrial D@Istr@lt t, B-2 Community-
Business District on certain property located on the North side of
Greenwich Road beginning at a point 306.49 feet East of Newtown Road,
running a distance of 241.39 feet along the North side of Greenwich
Road, running a distance of 225.46 feet along the Northern property
line and running a distance of 111.47 feet along the Western property
line. Said parcel contains .33 acre. Bayside Borough.
Approval is subject to the followinu conditions in conjunction with
the intended use of the land:
1. Standard improvements as required by tlie Site Plan
Ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessarv along
Greenwich Road; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9th day of October, 1978
Beach. The fee for such permit shall be $25.00 per vehicle, per year or any
part thereof. Such pemit shall expire December 31 of each year. Such permit
decal shall be displayed on each vehicle listed in the permit, as indicated
on such decal.
C. Special Fee. There shall be a fee of $.35 per tire for cutting
and disposing of tires.
D. Scales and Fee Collection Procedure. The Director of Public Works,
in conjunction with the Director of Finance, is hereby authorized to establish
such scale and fee collection procedures as they may determine to be necessary
to ensure the efficient collection of fees imposed; provided, that the Director
of Public Works or his designated agent shall have the authority to determine
what sanitary solid waste, refuse or garbage shall be acceptable for deposit
at the refuse disposal areas.
E. Hours of Operation. The Director of Public Works, with the approval
of the City Manager, is hereby authorized to establish reasonable hours for
the operation of the refuse disposal areas.
F. Enforcement. The Director of Public Works or his designated agent
shall have all necessary authority on behalf of the City Council to administer
and enforce this section.
G. Penalties. Any violation of this section shall constitute a class
I misdemeanor.
Any officer or agent of a corporation, or member of a partnership
or association, who shall personally participate in or be an accessory to any
violation of this section by such corporation, partnership or association shall
be subject to the penalties herein.
The Director of Public Works or his designated agent is hereby
authorized to revoke or suspend any refuse disposal permit and to prevent any
person or firm from utilizing the refuse disposal areas for good cause.
This ordinance shall be in full force and effect as of November 15, 1978.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the - 9 day of October -, 1978.
JAR/kg 9/28/78 Certified to be a true excerpt from the minutes
JDB/ci 10/3/78 Of the
JDB/ci 10/6/78
(25)
ITEM #12818
Herman Haasnoot ana jaCK boo(jen Tor a
An Ordinance upon Application of
Chanae of Zoning Di trict Classification from R-8 Residential District to
B- Community-Busin certain property located on the West
side of Rockbridge Road beginning at a point 93.70 feet North of Shore
Drive, running a distance of 48-01 feet along the West side of Rockbridge
Road, running a distance of 137-83 feet along the Northern property line,
running a distance of 40 feet along the Western property line and running a
distance of 156 feet along the Southern property line- Said parcel
contains .14 acre. BAYSIDE BOROUGH.
'Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 11 for
the motion and 1 against to approve this request subject to the following
conditions in conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessary along Rockbridge Road;
this includes pavement widening, curb and gutter, sidewalk, and
drainage facilities.
4. A minimum 10 foot setback and privacy fence to be provided along the
Northern property line.
And further subject to the following condition prior to the change on the
official zoning map:
A dedication of right-of-way 25 feet from the centerline of the
existing 40 foot right-of-way along the 48.01 foot frontage on
Rockbridge Road (a 5-foot dedication).
COUNCI'-,4AN RIGGS LEFT CHA.MBERS
Mr. Herman Haasnoot appeared in favor of the above petition
Councilman Holland rade a inotion, seconced by Councilman Merrick, to
approve the above petition of Herman Haasnoot ana Jack Booden for a
Change of Zoning District Classification from R-8 Residential Dis-
tri-ct t@B-2 CoFm nity-Business DistriE-t. Tile recorded vote is as
follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Hollaild, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman Roger L. Riggs
City Council voted to approve the following ordinance upon netition
1;
01- Herman Haasnoot and Jack Booden for a Change of Zoning District
Classification from R-8 Residential District-to @-2 orunun t
Business District.
ORDINANCE UPON PETITION OF HE@IAN HAASNOOT AND JACK Z01078384
BOODEN FOR A CIIANGE OF' ZONING DISTRICT CLASSIFICATION
FROM R-8 Residential District TO B-2 Connunity-Bi-isiness
District
BE IT ORDAIliED BY THE COU14CIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Pe-@ition of Herman Haasnoot and Jack Booden for a Change of Zoning
District Classification from R-8 Residential Distri-ct to B-2
Community-Business District on certain property located on the West
side of Rockbridge Road bcginning at a point 93.70 feet North of
Shore Drive, running a distance of 48.01 feet along the West side of
Rockbridae Road, running a distance of 137.83 feet along the North-
ern property line, running a distance of 40 feet along the Western
property line and running a distance of 156 feet along the Southern
property line. Said parcel contains .14 acre. Bavside Borouqh
ADproval is subject to the following conditions in conjunction with
the intended use of -,he land:
1. Standa@-d improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessary along
Rockbridge Road; this includes pavement widening;
curb and gutter, sidewalk, and drainage facilities.
4. A minimum 10 foot setback and privacy fence to be
provided along the Northern property line.
And further subject to the following condition prior to the change on
tlie of@@icial zoning map:
1. A dedication of right-of-way 25 feet from the center-
line of the existing 40 foot right-of-way along the
48.01 foot frontage on Rockbridqe Road (a 5-foot dedication).
This ordinance shall be effective upon date of a(loption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9 day of October 1 1973.
ITEM #12819
Ordinance upon Application of James E. and Margaret S. Harris for a
Chanqe of Zoninq District Classification from R-1 Residential District to
R-3 Residential Dis property located on the South side of
Little Neck Road beginning at a point 70 feet more or less East of Briar
Wood Point, @unning a distance of 170 feet along the South side of Little
Neck Road, running a distance of 615 feet along the Eastern property line,
running a distance of 170 feet along the Southern property line and running
a distance of 615 feet along the Western property line. Said parcel
contains 2.4 acres. LYNNHAVEN BOROUGH.
@'-@,@@lanning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. A modification to R-2 Residential District.
2. Standard improvements as required by the Subdivision Ordinance. At
the time of subdivision, modification to requirements on interior
street is to be made.
3. Septic tank approval for one residence only is subject to a soils
analysis of the site.
And further subject to the following condition prior to the change on the
official zoning map:
dedication of right-of-way 33 feet from the centerline of the
existing 55 foot right-of-way along the 140 foot frontage on Little
Neck Road (a 5.5-foot dedication).
Mr. Grover C. @,Vright, Jr., Attorney, r(-,presented tli(, petitioner
Mr. Joseph Gawrys, Attorney, appeared in opposition
Counciliian Merrick made a motion, seconded by Councilman Baum, to
approve the above petition of James E. and Margaret S. Harris for
a Cliange of Zoning District Classification from R-1 Residential
Di@trict to R-2 Res dential District (moalfied from R-3 Residential
District). The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Georqe R. Ferrell, Clarence A.
liolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J.
Curtis Payne, and Mayor Patrick L. Standinq
Nays: Councilman F. Reid Ervin, Councilwoman Barbara M. Henley,
and Councilwoman Meyera E. Oberndorf
Absent: Councilman Roger L. Riggs
City Council voted to approve the following ordinance upon petition
of James E. and Margaret S. Harris for a Change of Zoning District
Classification from. R-1 Residential District to R-2 Residential
District (modified from R-3 Residential District):
ORDINANCE UP014 PETITION OF JAMES E. AND MARGARET S. Z01078385
HARRIS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-1 Residential District to R-2 Residential
District (modified from R-3 Residential District)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII,
VIRGINIA, that:
Petition of James E. and Margaret S. Harris for a Change of Zonl@
District Classification from R-1 Residential District to R-2 Rsl!
dential District (modified from R-3 Residential District) on certain
property located on the South side of Little Neck Road begirining at a
point 70 feet more or less East of Briar Wood Point, running a dis-
tance of 170 feet along the South side of Little Neck Road, running
a distance of 615 feet along the Eastern property line, running a dis-
tance of 170 feet along the Soutliern property line and running a dis-
tance of 615 feet along the Western property line. Said parcel con-
tains 2.4 acres. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. A modification to R-2 Residential District.
2. Standard improvements as required by the Subdivision
Ordinance. At the time of subdivision, modification
to requiretqents on interior street is to be made.
3. Septic tank approval for one residence only is subject
to a soils analysis of the site.
And further subject to the following colidition prior to the chanae on
the official zoning map:
1. A dedication of right-of-way 33 feet from the center-
line of the existing 55 foot right-of-way along the
140 foot frontage on Little l@eck Road (a 5.:-) foot
dedication).
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9 day of October , 1973.
IT@l #12820
Hutton
An Ordinance upon Api)lication Of DO ld E. Washburn and Jerrold W. ial
I from R-6 Resident
for a Change of Loninq Di trict located on the South
Distric District 0 of Barberton Drive,
side of ng at a p( C Street, running a
running feet alonc - running a distance
distanc along the WE ty line anc ing a distance of
of 70.-i e Southern prop line. Sa', Ercel contains .259
156.05 Eastern proper,
acre. GH.
Planning Commission Recommendation: the Planning Commission by a recorded
A motion was passed unanimously by ollowing conditions in
vote of 12 to approve this request subject tO the f
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
Right-of-way improvements will be necessary along C Street; this
3. includes pavement widening, curb and gutter, sidewalk and drainage
facilities.
ss is to be provided to this site at the time of
4. Adequate acce
development.
And further subject to the following condition prior to the change on the
official zoning map:
A vacation of the existing lot lines in order to avoid the creation of
nonconforming lots.
Mr. Donald E. Washburn appeared in favor of the above petition
Councilman Merrick made a motion, seconded by Councilman Holland, to
approve the above petition of Donald E. Washburn and Jerrold W. Hutton
for a Chanqe of Zoning District Classification from R-6 Residential
District to A-2 Apartment District. The r c@orded vote is as I-ollows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald IV. 14errick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing
NaN7S: None
I
Absent: Councilman Roger L. Riggs
City Council voted to approve the following ordinance upon petition
of Donald E. Washburn and Jerrold lq. Hutton for a Change of Zoning
District Classification from R-6 Residential Distric-t to A-2 Auart-
ment District:
ORDINANCE UPON PETITION DONALD E. WASHBURN AND JERROLD Z01078386
W. HUTTON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-6 Residential District to A-2 Apartment District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACii,
VIRGINIA, that:
Petition of Donald E. Washburn and Jerrold W. Ilutton for a Chanqe of
Zonina District Classification from R-6 Residential District t-o A-@
Apartment District on certain property located on the South side of
C Street beginning at a point 370 feet West of Barberton Drive, runn-
ing a distance of 70 feet along the South side of C Street, running a
distance of 166.01 feet along the Western property line, running a
distance of 70.70 feet along the Southern property line and running
a distance of 156.05 feet along the Eastern property line. Said parcel
contains .259 acre. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessary along C.
Street; this includes pavement widening, curb and
gutter, sidewalk and drainage facilities.
4. Adequate access is to be provided to this site at
the time of development.
And further subject to the following condition prior to the cliange
on the official zoning map:
1. A vacation of the existing lot lines in order to avoid
the creation of nonconforming lots.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virqinia Beach, Virginia,
on the 9 day of Octoher 1 1978.
ITEM #12821
pon Application of Sidney A. and Judith M. Wood for a Change
rict Classification from A-] Apartment District to 1-1 Light
trict on certain property located on the North side of
Southern Boulevard beginning at a point 260 feet more or less West of
Eureka Avenue, running a distance of 271.8 feet along the North side of
Southern Boulevard, running a distance of 397.3 feet along the Western
property line, running a distance of 205.47 feet in a Northeasterly
direction, running a distance of 238 feet in a Southeasterly direction and
running a distance of 346.80 feet along the Eastern property line. Said
parcel contains 2.52 acres. LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements along Southern Boulevard will be necessary;
this includes pavement widening, curb and gutter, sidewalk, and
drainage facilities.
4. A drainage easement along the northern portion of this site.
5. A privacy fence is to be provided along the Eastern property line.
nd further subject to the following condition prior to the change on the
official zoning map:
A dedication of right-of-way 27 feet from the centerline of the
existing 24 foot right-of-way and a reservation of an additional 3
feet along the 271.8 foot frontage on Southern Boulevard (a 15-foot
dedication and a 3-foot reservation).
Mr. Sidney A. Wood appeared in favor of the above petition
Counciliaan Merrick niade a motion, seconded by Councilman Ferrell, to
approve the above petition of Sidney A. and Judith M. Wood for a
ChangT o
LfghZonlnnguOistrict Classification from A-1 Apartment District
to I- t strial District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman I'leyera E.
Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman Roger L. Riggs
City Council voted to approve the following ordinance upon petition
of Sidney A. and Ju(lith M. Wood for a Change of Zon n District
- t to I_l L ,
Classification from A-1 Apartment Distric !-,hgt Industrial
District:
ORDINANCE UPON PETITION OF SIDNEY AND JUDITH M. Z01078387
WOOD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM A-1 Apartment District to I-1 Iight Industrial
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Sidney A. and Judith M. Wood for a Change of Zoning Dis-
trict Classification from A-1 Apartment District to I-1 Li4ht Industrial
District on certain property located on the North side of Southern
Boulevard beginning at a point 260 feet more or less West of Eureka
Avenue, running a distance of 271.8 feet along the North side of Southern
Boulevard, running a distance of 397.3 feet alona the Western property
line, running a distance of 205.47 feet in a Nortileasterly direction,
running a distance of 238 feet in a Southeasterly direction and runnina
a distance of 346.30 feet along the Eastern property line. Said parcel
contains 2.52 acres. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Right-of-way improvements along Southern Boulevard will
be necessary; this includes pavement widening, curb and
gutter, sidewalk and drainage facilities.
4. A drainaue easement along the northern portion of this
site.
5. A privacy fence is to be provided along the Eastern Dro-
perty line.
And further subject to the followinq condition prior to the change
on the official zoning map:
1. A dedication of right-of-way 27 feet from the center-
line of the existing 24 foot right-of-way and a reservation
of an additional 3 feet along the 271.8 foot frontage on
Southern Boulevard (a 15-foot dedication and a 3-foot
reservation).
This ordinance shall be ef-@ective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 9th day of October 1 1978.
ITEM #12822
he Planning Commission of the City of Virginia Beach to amend
ti cle 9, Section 911, of the Comprehensive Zoning Ordinance
t, use regulations for mini-warehouses in the B-2 Community-
Business District. More detailed information is available in the Depart-
ment of Planning.
ng Commission Recommendation:
on was passed unanimously by the Planning Commission by a recorded
f 12 to approve this request.
COUNCILMAN HOLLAND LEFT CHAMBERS
On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and
by recorded vote as follows:
Ayds: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman meyera E. Oberndorf, J. Curtis
Payne, and Mayor Patrick L. Standing
e
ouncilnen Clarence A. Holland, and Roger L. Riggs
il voted to approve the following ordinance to amend and
@reordain Article 9, Section 911 of the Comprehensive Zoning Ordinance
pertainina to Mini-warehouses in the B-2 Community-Business District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTION 911 OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO MINI-WAREHOUSES
IN THE B-2 COMMUNITY-BUSINESS DISTRICT
:@,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
@@,@'T@it@'Ariicle 9, Section 911(c), Conditional uses and structures, of the C.Z.O.
is amended and reordained as follows:
Con8itional uses and structures: Uses and structures hereinafter
specified; subject to compliance with the provisions of Part C of
Article 2hereof:
seeaRd-haRd-Faa ter@a; - sha4 4 - be- pe rFR4 tted- i n- s u eh-yards i - aRd,
prev4ded-further-that-sweh-sterage-yards-sha44-be-eemp;ete;y
eRe4esed-exeept-fer-neeessary-open4ngs-for-4n@ress-and-egress
by-a-fenee-or-wa;l-net-4ess-thaH-54x-@64-feet-in-he4ght;
(3) @44 Car wash facilities, provided that:
(i) no water produced by activities on the zoning lot
shall be permitted to fall upon or drain across
public streets or sidewalks or adjacent properties;
(ii) a minimum of three (3) off-street parking spaces
for automobiles shall be provided for each car
wash space within the facility.
(4) @54 Churches;
(5) @64 Extractive industries, including the removal of sand
and soil;
(6) @74 Heliports and helistops;
(7) @84 Hospitals and sanitariums;
(8) Mini-warehouses. Provided that the Yard shall be com-
ple
ing n
six
Ado ted by the Council of the City of Virginia Beach, VfqpnqPWI?#AT040
ITEM #12823
ion of the Planning Commission of the City of Virginia Beach to amend
reordain Section 5.6(b) and 5.6(c) of the Subdivision Ordinance
pertaining to sidewalks in townhouse subdivisions. More detailed inform-
ation is available in the Department of Planning.
'Planning Commission Recommendation:
@@A motion was passed unanimously by the Planning Commission by a recorded
this request.
vote of 9 to approve
On motion by Councilman Ferrell, seconded by Vice mayor mccoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Vice Mayor J. Henry lIcCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, and Mayor Patrick L. Standing
.,,@@lijays: @.,,None
@@Absent: Councilmen Clarence A. Holland, and Roger L. Riggs
'@',;.City Council voted to approve the following ordinance to amend and
reordain Sections 5.6(b) and 5.6(c) of the Subdivision Ordinance of
the City of Virginia Beaoh, Virginia, relating to sidewalks:
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 5.6(b) AND 5.6(c)
OF THE SUBDIVISION ORDINANCE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
RELATING TO SIDEWALKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 5.6(b) and 5.6(c) of the Subdivision Ordinance of the
City of Virginia Beach, Virginia, are amended as follows:
5.6 Sidewalks. Where constructed,@sidewalks shall be in accord with the
specifications of the Department of Public Works, as approved by the
Council of the City of Virginia Beach.
(a) Sidewalks 48 inches in width or such additional width as required
by the Director of Public Works to match existing improvements
shall be constructed on both sides of arterial or collector streets.
(b) Sidewalks 48 inches in width shall be constructed on both sides of
minor streets within subdivisions ilg-d4str4ets-where-zem4Rg-4s
proposed for multiple family or commercial use, and may be required
on one or both sides of minor streets in subdivisions 4m-d4str4ets
zened proposed for industrial use if the Director of Planning finds
such requirement necessary in view of desirable continuity of flow
of substantial pedestrian traffic.
(c) Sidewalks 48 inches in width shall be constructed on one side of
each minor street within subdivisions where-zeR4Rg-4s proposed for
one-family, er two-family or townhouse residential use, and where
minimum lot width requirements as specified in the Zoning Ordinance
are less than 100 feet. As an exception to this requirement, no
sidewalk is required where not more than 25 dwelling units could be
constructed on property served by the street. This applies only if
----------- 1- @-
ITEM #12824
RETURNS TO CHAI-IBERS
'HOLLAND
lowing persons appeared in opposition:
Garland Isdell
Leo Marshall, Tidewater Builders Association
by Councilman Baum, seconded by Councilman Payne, and by
vote as follows:
uncilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
;councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
:1
i-J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
:Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing
s: None
ent: Councilman Roger L. Riggs
Council voted to approve the following ordinance to amend
y
tion 17-22 of the Code of the City of Virginia Beach, Virginia,
pertaining to discharge of garbage, etc., at city disposal areas
-,,..and to repeal Section 17-22.1:
AN ORDINANCE TO AMEND SECTION 17-22
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO DISCHARGE
OF GARBAGE, ETC., AT CITY DISPOSAL AREAS
AND TO REPEAL SECTION 17-22.1.
IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
at Section 17-22 of the Code of the City of Virginia Beach, Virginia,
is hereby amended and reordained as follows and Section 17-22.1 is hereby repealed:
Section 17-22. Disposal of sanitary solid waste, etc., at City disposal areas.
A. Refuse Collected in City. Sanitary solid waste, refuse or garbage
generated solely within the City of Virginia Beach may be deposited at the City
refuse disposal areas free of charge, subject to the following exception;
(1) There shall be a fee of $3.50 per ton, or a $1.00 minimum
charge for less than one ton, or any part thereof, for all debris designated
as fill neterial as opposed to sanitary solid waste, refuse or garbage. Debris
shall include, but not be limited to, building materials from remodeling, demolition,
or new construction; landscape debris, bushes, concrete and trees, provided
that tree stumps shall not be accepted or deposited at the refuse disposal areas.
B. Private Firms Depositing Refuse. Private sanitary solid waste,
refuse or garbage firms may deposit solid waste, refuse or garbage collected
within the City of Virginia Beach at the refuse disposal areas free of charge,
subject to the provisions of paragraph (A), provided;
(1) The proper City of Virginia Beach business license has been
purchased and is current.
(2) The vehicles transporting the sanitary solid waste, refuse,
or garbage have a current City of Virginia Beach City license decal displayed.
3 A refuse dis osal ermit has been issued the Director
ITEM #12825
ion by Vice Mayor McCoy, seconded by Councilman Baum, and
rded vote as follows:
es: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
uncilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
erndorf, J. Curtis Payne, and Mayor Patrick L. Standing
Nays: None
@'nt: Councilman Roger L. Riggs
y Council voted to adopt the following resolution requesting that
State Highway and Transportation Commission to select the eastern
alternative for the Interstate 95 connector between Richmond and
Petersburg with a connecting link between Interstate 95 and Interstate
south of Petersburq:
R E S 0 L U T I 0 N
WHEREAS, the State Highway and Transportation commission
is now considering a proposed connection between Richmond and
Petersbur g of Interstate 95; and
WHEREAS, there are two alternatives now pending for
1 consideration; one which would be east of the existing
Richmond/Petersburg Turnpike and one which would be west of
the existing Richmond/Petersburg Turnpike,; and
WHEREAS, the eastern alternative would have a con-
necting link between Interstate 95 and Interstate 85 south of
Petersburg; and
WHEREAS, the majority of truck and automobile traffic
traveling west from Virginia Beach and other south Hampton Roads
cities use Route 460 to Petersburg; and
WHEREAS, the eastern alternative will allow this traffic
the option of traveling north or south without entering the
heavily populated area extending along the Richmond/Petersburg
access; and
WHEPEAS, the eastern alternative with its connector would
serve the large population concentration in the corridor as well
as the Tidewater area and would actually shorten the driving man-
hours and conserve fuel for people.from Tidewater traveling.west.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Virginia Bedch that the State Highway and Transportation
Commission is hereby requested to select the eastern alternative
for the Interstate 95 connector between Richmond and Petersburg
with a connecting link between Interstate 95 and Interstate 85
south of Petersburg.
ITEM #12826
Vice Mayor McCoy introduced several residents from Bally L,vnn Farms,
however, before the residents spoke Vice Mayor McCoy asked the City
Manager several questions.
The City Manager indicated that the staff has talked with the con-
tractor in an effort to insure that he would make the necessary
patches to the roads, and tlie contractor will be asked to patch
the area with asphalt.
Mr. Doualas Jones presented petitions from the residents in the
area inaicating that the residents of McDonald Park, Glen Arden,
and Bally Lynn Shores, wish to complain about the unnecessary
continuance of excessive dust in their neiahborhoods. The dust
is caused b,7 traffic travelin@ over streets which have been torn
u,) b,, a contractor installinci sewer lines. The residents request
that the streets that have been torn up either be repaved or a
temporary surface be put down, as further delay will only do more
damage to their personal property.
Mayor Standing asked the City Manager if ',Ie had investia.ated to
see if the contract had been contracted properly to see if it
provided for passage of cars and treatment of dust.
The City Manager indicated that in areas where the contractor has
completed his work, the City has requested he return and patch
the roads with asphalt. This has been reviewed by the Director
Public Works, and the City feels that the contractor is complyina
with the requirements and specifications of tile contract.
Mr. J. IV. Balance, a resident in the area, indicated that the
contractor has made no effort to put water or calcium chloride
down on tlie streets. There is a dust storm where vehicles are
traveling in and out of the area. There was an accident due to
the fact that the contractor did not have the signs properly
placed throuqhout the detour.
T',ie CitN7 Manager indicated that in the future instead of crusher
run an asphalt base will be used. In areas of heavy traffic heavy
asphalt base has been put in. The City manager further indicated
that the contractor will be patching with asphalt before the end
of this month.
ITEM #12827
Councilman Holland introduced Mrs. Judith Johnson, who is representing
the Ocean Parlc Civic League.
Mrs. Johnson indicated that the civic league is concerned about the
construction on Sylvan Beach, in particular nine (9) duplexes being
built by Hudgins Realty directly on the edge of the beacli. The sand
dune behind the building is being destroyed, and many homes in the
area are endangered because of the removal of the dune.
Mrs. Johnson indicated the civic league would like Council to impose
a moratorium on building on the beach until the Planning Commission
comes back to Council with a report on the Coastal Control Ordinance.
The City Manauer indicated that he had briefed Council on this
matter severai weeks ago. Mr. Hudgins coiild have built tlie road
and destroyed tlie entire dune. The City made every effort to get
Mr. Hudgins to build behind the dune instead of building the road
where it is shown on his plat, which is out in the dune. Mr. Hudgins
will be required to rebuild the entire dune, plant cord grass and
fertilize it, not oiily in front of the orictinal thirty-five (35')
feet, but in front of his entire area. However, Mr. Hudgins does
liave the right to develop his land on the fact that it was a platted
piece of property.
ITEM i'tl2828
LMAN FERRELL LEFT THE CHAMBERS
ilman Merrick Diade a motion, seconded b@7 Councilipan Ervin, to
following resolution requesting that the City Council hold
lib hearihg on the Master Street and Highway Plan on November 13,
at 2:00 p.m.,; and further that the Director of Planning is
ted to advertise the public liearing once a week for two consecutive
in a newspaper having general circulation in the City. The
ded vote is as follows:
Councilmen F. Reid Ervin, Councilwoman Barbara @l. Henley, Vice
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
dorf, J. Curtis Payne, and Mayor Patrick L. Standing
Councilmen John A. Bauri, and Clarence A. Holland
t: Councilmen George R. Ferrell, and Roger L. Riggs
ouncil voted to adopt the following resolution to hold a public
g on the Master Street and Highway Plan on Nov@er 13, 1978;
urther directed the Planning Director to advertise the public
g once a week for two consecutive weeks @@n a newspaper having
general circulation in the City:
regular meeting of the Council of the City of Virginia Beach, Virginia,
in the Council Chambers in the Administration Building on the 9th
October -, 1978.
i@on,@by Councilman Merrick and seconded by Councilman Ervin
ing'resolution was adopted.
R E S 0 L U T I 0 N
.11@WHEREAS, the Master Street and Highway Plan needs to be updated and
by City Council; and
WHEREAS, the City Council of the City of Virginia Beach desires
rom the general public on this plan.
THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
That the Council of the City of Virginia Beach will hold a public hearing
aster Street and Highway Plan on November 13, 1978, at 2:00 P.M.
BE IT FURTHER RESOLVED that the Director of Planning is directed to
':advertise the public hearing once a week for two consecutive weeks in a newspaper
having general circulation in the City.
Adopted by the Council of -@lie City of Virginia Beach, Virginia,
on the 9th day of October, 1978
JDU:er
ITEM #12829
The City Manager indicated that Mr. H. Calvin Spain has requested
that his IIilltou Association's application to be heard by the
Planning Coivmission on November 14, 1978, to advertised to be heard
by Council on November 20, 1978. This is for a car wash at Hilltop.
ITEM #12830
On motion by Councilman Ervin, seconded by Council-man Merrick, and
by acclamation, the meeting adjourned at 7:10 p.m.
Richard J. W.@ bon, City Clerk m Stnding
City of Virginia Beach,
Virginia
October 9, 1978
h