AUGUST 14, 1978
CITY OF VIRGINIA BEACI
MUNICIPAL CENTER
"@,O"gL -e.,.g-f CR.&.%t City" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L.. STANDING, At L.,g, CLARENCE A. HOLLAND, M.D., B.y.id@ B .... gb
VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p,,ill, B.,o.gb DONALB w. MERRICK, Ly..h.@@. 8.... gh
JOHN A. BAUM, Bl.ck..t@, B.,..gh MEYERA E. OBERNDORF, At L.,g@
F@ REID ERVIN, At L.,g@ J. CURTIS PAYNE, A..@ B.... gh
GEORGE R. FERRELL, At L.,g@ ROGER L. RIGGS, Vigi.i. B@.,h B.... gb
BARBARA M. HENLEY, P..g. B@,..gb A G E N D A RICHARD 1. WEBBON., City Cl.,k
The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration
Building, Princess Anne Borougb, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m.,
on Monday, August 14, 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 Informal 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 James Higgins, Charity United
Methodist Church, Virginia Beach, Virginia. Please remain standing for the Pledge of
Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of August 7, 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. Tf discussion is desired, that item will be removed from the
consent agenda and considered separately.
a. City Council is requested to approve on second reading an ordinance to accept a
grant totalling $21,429 from the Division of Justice and Crime Prevention and
to appropriate funds.
b. Letter from the City Manager recommending that City Council approve an ordinance
to amend Section 23-31.1 of the Code of the City Of Virginia Beach, pertaining to
notice to purchaser of motorcycles, minibikes, etc., by retailer.
C. Letter from the City Manager recommending that City Council approve an ordinance
to amend and reordain Section 6-5.1 of the Code of the City of Virginia Beach
relating to solicitation or sale on the Boardwalk and adjacent area.
d. Letter from the City Manager recommending that City Council approve the request
of the Virginia Beach Flyers for Raffle permit.
e. Letter from the City Manager recommending that City Council approve the request
of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of $9,208.98.
8. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Dean S. Potter, Gordon B. Potter, and John Ray Potter
for a change of zoning from R-4 Residential District to 0-1 Office District on a 5.335
acre parcel located west of First Colonial Road and south of Old Donation Parkway
(Lynnhaven Borough).
9. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of B. J. Willis, Jr., for changes of zoning on a 1.32
acre parcel and a 3.28 acre parcel located on the east side of Thalia Road, north of
Virginia Beach Boulevard. The 1.32 acre parcel is proposed for a change from B-2
Community-Business District to 0-1 Office District; and the 3.29 acre parcel is pro-
posed for a change from R-6 Residential District to 0-1 Office District. (Kempsville
Borough).
10. Letter from the City Manager transmitting the recommendation of the Planning Commission
for appr6val of the application of Amoco Oil Company for a condition use permit for a
gasoline service station on a .475 acre parcel located at the southeast intersection of
Providence Road and Lord Dunmore Drive (Kempsville Borough).
11. Letter from the City Manager transmitting the recommendation of the Planning Commission
for denial of the application of Leo and Montrose Wood for a conditional use permit
for a home occupation (babysitting) on a 10,250 square foot parcel located on the west
side of Edwin Drive, south of Princess Anne Road (Kempsville Borough).
12. Letter from the City Manager tranSMitting the recommendation of the Planning Cormnission
for approval of an ordinance to amend and reordain Article 7, Section 701, of the CZO
pertaining to offices in the E-1 Hotel District.
13. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Beach Northampton Vacation, Incorporated, for a
conditional use permit for offices (real estate/insurance) on a 4.339 acre parcel located
on the south side of Northampton Boulevard, east of Baker Road (Bayside Borough).
14. Letter from the City Manager transmitting the recommendation of the Planning Commission
for denial of the application of The Virginia Beach Racquet Club North Associates for a
conditional use permit for handball and racquet-ball courts, additional outdoor courts,
clubhouse with restaurant (private), and additional partially enclosed indoor courts on
an 3-acre parcel located north of the intersection of Great Neck Road and Thomas Bishop
Lane (Lynnhaven Borough).
15. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of an ordinance to amend and reordain Article 10, Section 1001 of the CZO
pertaining to use regulations for schools in the 1-1 Light lndustrial District.
16. Letter from the City Manager recommending that City Council approve an ordinance de-
claring certain property in Old Donation Manor excessand authorizing the conveyance
of such property as described in the ordinanc,.
17. Letter from the City Manager recommending that City Council approve an ordinance to
appropriate additional funds for Fiscal Year 1979 for the payment of purchase orders
brought forward from Fiscal Year 1978: (First reading)
General $1,266,618
Water & Sewer Fund 117,208
Golf Course Enterprise
Fund 2,998
Law Library Fund 184
School Operating Fund 900,072
Total Appropriations $2,287,080
18. Old business, deferred from the previous meeting including any report of the Mayor or
Committees named by Council.
19. New business, including any presentations by Council Members, Citizens and Organizations.
a. Green Run Homes Assoc.iation will appear before City Council to present an outline
of the Association's stand as part of the City of Virginia Beach.
b. Mrs. Gloria Knight will appear before City Council regarding penalty required for
the non-payment of Personal Property taxes when due.
20. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
August 14, 1978
The regular meeting of the Council of the City of Virgiiiia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in
the Conference Room, in the Administration Building, on Monday,
August 14, 1978, at 1:00 p.m.
Council Members present: John A. Baum, F. Reid Ervin, George R.
Ferrell, Councilwoman Barbara M. lienley, Clarence A. Holland,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Member absent: Vice Mayor J. Henry McCoy, Jr.*
ITEM #12541
VICE klAY MCCOY ENTERED MEETING AT 1:01 p.m.
Mayor Standing entertained a motion to permit Council to conduct an
informal meeting to be followed by an executive session for the pur-
pose of discussing the following:
1. Discussion or consideration or employment, assianment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, appointees or eriployees 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. The protection of the privacy of individuals in personal
matters not related to public business.
4. Investing of public funds where competition or bargaining
are involved where, if made public initially, the financial
interest of the governing unit would be adversely affected.
5. Consultation with legal counsel and briefing by stal-f
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body.
On motion by Councilman Perrell, seconded by Councilman Merrick, 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.
Standing
Nays: None
Absent: None
City Council voted to proceed into the executive session following the
informal discussion.
ITEM #12542
Mayor Standing stated he will appoint Councilmen F. Reid Ervin, and
J. Curtis Payne to serve on a committee to establish the duties,
responsibilities and prerequisite of the position of City Clerk; and
further to report to Council on the applications received on the
City Clerk's position.
ITEM #12543
Mayor Standing stated he will appoint Councilinan Donald W. Merrick,
and Vice Mayor Henry McCoy, Jr., to review council appointed bodies,
including Boards and Cormnissions, and to report better ways to co-
ordinate activities of those Boards and Conmissions; and further
to provide a better way to keep a list of qualified People to serve
on Boards and Corimissions.
ITEM #12544
The City Manager stated that as Council is aware, the City made a
presentation with Wiley and Wilson, Consulting Engineers, on Dotential
sources of water and various alternatives available.
At that time there was a discussion that the City would approach the
source problem in a manner that would be simultaneous on various
alternatives:
1. Attempts to renegotiate with the City of
Norfolk
2. Attempt to establish some type of fresh
water source and ground water wells in
Virginia Beach
3. Desalinazation and grant desalinazation in
the Department of the Interior in the Office
of Research and Technology
4. Negotiate with the people to the west, and
the Appomatox River Water Authority
5. Lake Gaston
The City has been working with the Office of Research and Technology
to try to acquire a grant on 90% federal funds, and 10% local funds
for a demonstration 10 million gallon per day plant. The Department
of the Interior recognizes that these desalting programs work, how-
ever, what they would like to see is that the price per tilousand
gallons can be competitive with traditional types of plants.
The City is in the top ten for selection of one of the demonstration
plants. However, the main purpose is that the City is actively seeking
a water source, not making proinises to receive a federal grant.
The Office of Research and Technology is coming to Virqinia Beach in
October, of this year, to visit the site and determine if the City is
committed with the program.
Tlie City Manager stated that he will bring to Council next week for
their approval a request for $210,000 for the construction of the
brackish water well, which will include the construction of the
specifications for the desalting plant.
ITEM #12545
The City Manager stated that the City has been working for some time
on different alternatives on possible ways on giving low interest loans
and grants to citizens in the target areas that could not afford to
hook-up to the City's water and sewer lines.
As early as 1977, the City rnade inquiries into the Virginia Housing
Development Authority to consider using low interest loans, They
were not interested at that time because they were embarking upon a
program of Energy Conservation and Rehabilitation Loan Prograr..
The City Manager indicated to Council that there will be a meeting
with the Virginia Housing Development Authority this week if any
menber of Council wishes to attend.
ITEM #12546
The City Manager stated that there is a problem with the surfing
area at Virginia Beach, near the site of tlle old steel pier. Due
to several injuries received from debris, tliis portion of the surfincr
area has been closed.
This matter will be brought up for formal vote in the formal session.
ITEM #12547
The City Manager stated that the City has receoved from Tayloe-Murphy
Company the population projections for 1977, which are always a year
behind.
The City has increased in population adproximately 3.5%, with the
qreatest growth being in the Kempsvill@ Borough with an increase
of 111%.
ITEM #12548
The City Manager indicated that Councilman Riggs requested water
and sewer line fees be placed on the agenda for discussion.
Councilman Riggs requested that the matter be heard in the formal
session as there are several people who wish to speak on this
matter.
ITEM #12549
Mayor Standing stated that at the next Council meeting, on the
informal agenda, he would like to discuss the Noise Disclosure
Ordinance; and further requested that the meeting begin at
12:30 p.m., to give Council an opportunity to discuss this matter
in detail.
ITEM #12550
The City Manager stated that on March 20, 1978, the College Park
subdivision went before Council, and there was major discussion
on how to tie the southside of College Park with the northside of
College Park, whicli is separated by Interstate 64.
The applicant indicated to Council, at that time, that they were
going to build an overpass across the toll road. The City indicated
there was need for a access because not only is College Park being
developed in Virginia Beach, but also it is being developed in the
City of Chesapeake, and on the southside of the toll road there will
be another 2,000 families that will have no access to Centerville
Turnpike, except back through College Park Boulevard, which is already
conjested.
The City has requested the developer to build two lanes of the four
lane divided highway to make this connection, however, the developer
indicated that that was not the intent of Council, that the intent of
Council was only to provide one access lane.
After considerable discussion, Council indicated to the City Manager
that this matter could be handled administratively as the intent of
Council was for the developer to build two lanes of the four lane
divided highway.
the expense o t e dev:loopp:r nd those not wi-hing
them will have the dev r:sa mney held in escrow
by the City until such time as it is necessa y to in-
ITEM #12551
At 2:30 P-m-, city council reconvened in the Council Chambers with
the following members present: 11, Councilwo-n Barbara
john A. Baul, F. Reid Ervin, George R. Ferre V, Jr., Donald
Clarence A. Holland, Vice @yor J. Henry McCO- ne, Roger
m. Henley, -cilwoman Meyer, E. Oberndorf, j. Curtis PaY
w. merrick, Co ding
Riggs, and Mayor Patrick L. Stan n
qiven by the R,verend James Higgi S, CharitY
The invocation was edge of Allegiance.
United Methodist Ch-rch, followed by the Pl
ITEM #12552
On motion by Vice Mayor McCOY, seconded by Councilman Riggs, and by
recorded vote as follows: Baum F. Reid Ervin George R. Ferrell,
Ayes: Councilmen John A. HIland, Vice Mayor
a Henley, Clarence A.
Councilwoman Barb ra M. merrick, Councilwoman Meyera E.
j. Henry McCOY, Jr., Donald W. Mayor Patrick L. Standing
oberndorf, Roger L. Riggs, and
Nays: None
Absent: Councilman J. Curtis Payne
City council voted to approve the minutes of the regular meeting of
August 7, 1978, with -endments, and dispensed with the reading of
said minutes inasmuch as each member had a copy:
Item #12535 - The City Clerk informed Council that the
nd Park would not be appearing be-
residents of Grovela egarding the waiver of sidewalks
fore Council today r been settled.
in their area, as the natter had
The city Manager stated that in Grovel,nd Park sidewalks
were required and the developer requested a waiver until
all houses in the area had been constructed. That was
approximately 5 years ago.
The Director of public Works is now requiring the de-
veloper to put in sidewalks, and the residents in the
area are opposed to this and have signed petitions to
that effect.
A co romise has been agreed upon whereby those resi-
dent
The-
h@eir n escrOW
@t
stal
ITEM #12553
The following persons appeared before Council regarding water and
sevier line fees:
Mrs. Rita Murphy, Manager of Bay Cove Restaurant, stated that the
Fe-, esidential lines and not conunercial lines. The
restaurant wishis to expand their business, however, the cost would
be approximately $3,000, which is for the residential lines and not
the commercial lines which they need.
Mr. Charles Burlage, owner of the Hilton Washington Inn, indicated
o Counil that due to the prices of sewer line hook-ups they cannot
afford to expand their hotel; and further requested Council to consider
the Atlantic Treatment Plant.
Mr. Thomas Lyons, hotel owner, requesting Council's help in the
wa line fees.
ITFM #12555
'@cCov, ailc.
On r:totiO.,-' -DY Councilman Ferrell, c
,Dy recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Hollaiid, Vice Mayor
Jr., Donald W. Merrick, Councilwoman meyera E.
J. Henry McCoy, rick L.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and mayor Pat
Standing
Nays: None
Absent: None
city council voted to approve on second reading the following ordinance
to accept a grant totaling $21,429 from the DiVision of Justice and
Crime Prevention and to appropriate these funds:
I
AN ORDINANCE TO ACCEPT A GRANT
TOTALLING $21,429 FROM THE DIVISION
OF JUSTICE AND CRINE PREVENTION
AND TO APPROPRIATE TliESE FUNDS
WHEREAS, the Sheriff's Department wishes to continue its expanded
Jail Library Program, and
WHEREAS, the Division of Justice and Crime Prevention (DJCP) has
awarded the City a grant for funding the above program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant
for the City, and funds are hereby appropriated, for the following purpose:
Estimated Revenue Local Total
From Match
jail Library $20,357 $_@072 1_421
BE IT FURTHER ORDAINED that the appropriations will be financed
by $20,357 estiinated revenue from the DJCP and a local cash match of $1,072
from the City's Unappropriated Fund Balance.
FIRST READING: August 7, 978
SECOND READING: Augst 14, 1178
Adopted by the Council of the City of Virginia Beach on the 14th
day of , 1978.
ITEM
On motion by Councilman Forrell, secoiideci by Vice Mayor McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Forrell,
Councilwoman Barbara 1,1. lienley, Clarence A. liolland, Vice Mayor
J. Henry McCoy, Jr., Donald @l. Merrick, 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 following ordinance to amend Section
23-31.1 of the City Code pertaining to notice to purchaser of motorcycles,
by re-lai'@er:
AN ORDINANCE TO AMEND SECTION 23-31.1
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO NOTICE
TO PURCHASER OF MOTORCYCLES, MINIBIKES,
ETC., BY RETAILER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-31.1 of the Code of the City of Virginia
Beach, Virginia, is hereby amend@d and reoraained as follows:
Section 23-31.1. Motorcycles, minibikes, etc. - Notice to
purchaser by retailer.
No retailer shall sell any motorcycle, motorbike,
minibike or Other similar vehicle propelled or
drawn b power other than muscular power, unless
y the buyer at
the folloving hotice is given to
the time of the sale and the retailer requires
the buyer to sign twO copies of such notice, one
which shall be retained by the retailer and dis-
played to any authorized officer or employer of
the city on request and the other copy given to
the buyer:
T,Tr)TTr'-
0. IT- #12557
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ITEM #12558
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, Clarence A. Holland, Vice Mayor
J. lienry McCoy, Jr., Donald W. Merrick, 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 request of the Virginia Beach Flyers
for a raffle permit.
ITEM #12559
Councilman Merrick made a motion, seconded by Councilman Riggs, to
defer for one week the following tax refunds in the amount of $9,208.98.
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 Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to defer for one week the following tax refunds in
the amount of $9,208.98:
ITEM #12560
Mr. Grover C. Wright, Jr., Attorney, represented the petitioner
On motion by Councilman Merrick, seconded by Councilman Ervin, 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.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance upon petition
of Dean S. Potter, Gordon B. Potter, and John Ray Potter, for a
Change of zoning District Classification from, R-4 Residential District
to 0-1 Office District:
ORDINANCE UPON PETITION OF DEAN S. POTTER, GORDON Z0878371
B. POTTER, AND JOHN RAY POTTER, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-4 Residential
District to 0-1 Office District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
An Ordinance upon petition of Dean S. Potter, Gordon B. Potter, John
Ray Potter for a Cha ge of Zoni Di@tri@t Classification from R-4
i t t. O_l Of @g Dlstrl
Residential Distr @ fice ct on certain property lo-
cated on the West side of First Colonial Road beginning at a point 200
feet South of Old Donation Parkway, running a distance of 456.71 feet
along the West side of First Colonial Road, running a distance of 610.03
feet along the Southern property line, running a distance of 360 feet
along the Western property line and running a distance of 600 feet along
the Northern property line. Said parcel contains 5.335 acres. Lynnhaven
Borough.
For the information of the applicant, prior to the intended use of the
land, the following will be required:
1. Standard improvements as required by the Site Plan
Ordinance
2. City water and sewer
3. Existing ditches which can be piped with a 72-inch or
less pipe must be eliminated with development.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 14 day of August , 1978
ITEM #12561
Mr. Walter Monahan, Talbot and Associates, represented the petitioner
Vice Mayor McCoy made a motion, seconded by Councilman Baum, to defer
for thirty (30) days the above petition of B. J. Willis, Jr., for a
Chan of Zoning District Classification from R-6 Residential District
to 0!7 Office District. The recorded vote hs 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.
Standing
Nays: None
Absent: None
City Council voted to defer for thirty (30) days the above petition of
of B. J. Willis, Jr., for a Ch - t ct Classification
nge f Z i g I
-6 t 7 Oi 9 z ilc on
from R Residential Distric to 0- Off c DIS r t certain property
located on the east side of Thalia Road beginning at a point 765 feet
North of Virginia Beach Boulevard, running a distance of 235 feet along
the East side of Thalia Road, running a distance of 655 feet along the
Northern property line, running a distance of 180 feet along the Eastern
property line and running a distance of 645 feet along the Southern pro-
perty line. Said parcel contains 3.28 acres. Kempsville Borough.
ITEM #12562
Mr. Walter Monahan, Talbot and Associates, represented the petitioner
Vice Mayor McCoy made a motion, seconded by Councilman Baum, to defer
for thirty (30) days the above petition of B. J. Willis, Jr., for a
Change of Zoning District Classification from B-2 Community-Business
District to 0-1 Office 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 Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to defer for thirty (30) days the above petition
of B. J. Willis, Jr., for a Change of Zoning District Classification
from B-2 Community-Business District to 0-1 Office District on cer-
tain property located on the East side of Thalia Road beginning at a
point 650 feet North of Virginia Beach Boulevard, running a distance
of 115 feet along the East side of Thalia Road, running a distance of
645 feet along the Northern property line, running a distance of 120
feet along the Eastern property line and running a distance of 640 feet
along the Southern property line. Said parcel contains 1.32 acres.
Kempsville Borough.
ITEM #12563
Mr. H. Calvin Spain, Attorney, represented the applicant
Vice Mayor McCoy made a motion, seconded by Councilman Ferrell, to
approve the following resolution upon application of Amoco Oil
Company for a Conditional Use Permit for a gasoline service station.
The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. lienley, 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: None
Absent: None
City Council voted to adopt the following resolution upon application
of Amoco Oil Company for a Conditional Use Permit for a gasoline service
station:
RESOLUTION UPON APPLICATION OF AMOCO OIL COMPANY R0878202
FOR A CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE
STATION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Amoco Oil Company for a Conditional Use Permit for a
gasoline service station on certain property located at the Southeast
intersection of Providence Road and Lord Dunmore Drive, running a dis-
tance of 140 feet along the South side of Providence Road, running a
distance of 130 feet along the Eastern property line, running a dis-
tance of 160 feet along the Southern property line, running a distance
of 110 feet along the Western property line and running around a curve
a distance of 20 feet. Said parcel contains .475 acre. Kempsville
Borough.
In conjunction with the intended use of the land, the following con-
ditions will be met:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer
3. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
4. Two curb cuts are to be allowed on Providence Road, provided
each is a maximum of 24 feet in width and marked appropriately
for in-only and out-only traffic.
5. One curb cut with a maximum width of 35 feet is to be
allowed on Lord Dunmore Drive.
6. Public restrooms are to be provided.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 14 day of August 1 1978.
ITEM #12564
Leo and Montrose Wood appeared before City Council on behalf of their
application for a conditional use permit for a home occupation (babysitting)
on the property hereinafter described in the Resolution:
Council was advised the occupation is licensed by the State for 5 or more
children.
Upon motion by Councilman Baum, seconded by Councilman Riggs and by recorded
vote as follows:
Ayes: Councilpersons John A. Baum, F. Reid Ervin, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: Councilman George R. Ferrell
City Council voted to adopt the following Resolution for a Conditional Use
Permit for a home occupation (babysitting) subject to the conditions outlined
in the Resolution:
RESOLUTION UPON APPLICATION OF LEO AND MONTROSE WOOD R087820,3
FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(BABYSITTING)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Application of Leo and Montrose Wood for a Conditional Use Permit for a
home occupation (babysitting) on a 10,250 square foot parcel located on the
west side of Edwin Drive, South of Princess Anne Road, in a single family
home zoned R-5 Residential District be approved subject to the following
conditions:
1. Compliance with Article 2, Section 229 of the Comprehensive Zoning
Ordinance pertaining to home occupations.
2. A fence should be established around the perimeter of the site.
3. The term of the conditional use permit shall be for one year.
4. The conditional use is limited to (9) nine children.
This resolution shall be effective upon date of adoption.
Adopted by the City Council of Virginia Beach on the 14th day of August,
1978.
ITEM 412565
The following ordinance amending and reordaining Article 7, Section 701
of the Comprehensive Zoning Ordinance pertaining to use regulations for
offices in H-1 Hotel Districts was presented to City Council on recom-
mendation for approval by the Planning Commission;
Upon motion by Councilman Payne and seconded by Councilman Holland and
by recorded vo-te as followa:.
Ayes: Councilpersons John A. Baum, P. Reid Ervin, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Abstain: Councilman George R. Ferrell
The City Council of Virginia Beach adopted the following Ordinance amending
and reordaining Article 7, Section 701 of the Comprehensive Zoning Ordinance.
AN ORDINANCE TO AMEND AND @EORDAIN
ARTICLE 7, SECTION 701
OF T[IE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFFICES
IN THE H-1 HOTEL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That Article 7, Section 701, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structures here-
inafter specified; su@ject to coinpliance with the provisions
of Part C of Article 2 fiereof:
(5) As a use subordinate to and in con a hotel
or motel, offices in which goods, wares or nierchand'ise
are not coiiiitiercially crp-ated, disr)layed, stored, ex-
changed oi, o@l d
(6) (5) Recreational and amusement facilities of an outdoor
nature other than as accessory uses, which illay be
partially or teinporarily enclosed on a seasonal basis
with approval of City Council, except that riding
acadeinies atid recreational canipgrounds sfiall not be
allowed as a conditional use or otherwise.
Adopted by the Council of tfie City of Virginia Beach, Virginia, on the
'day of 1978.
APP PM-MY
z@
j
SIGNAT(JRE
CITY ATIOPNEY
ITEM #12567
The Virginia Beach Racquet Club North Associates have applied for a con-
ditional use permit for handball and racquetball courts, additional out-
door courts, clubhouse with restaurant (private), and additional partially
enclosed indoor courts on an 8 acre parcel located north of the intersection
of Great Neck Road and Thomas Bishop Lane (Lynnhaven Borough).
Several enclosed tennis courts are currently located on this site, and
this site is zoned R-1 and R-3 Residential Districts.
It is the recommendation of the Planning Commission that City Council deny
this request. However, if Council approves this request, it should be
subject to the following:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. All lighting is to be directed to the interior of the site and shielded
from adjacent areas.
4. Further enclosure of additional tennis courts will require separate
approval.
5. An overall site plan for the entire development illustrating all
existing facilities, as well as an identification of those areas where
additional facilities are proposed to occur.
6. Parking is to be provided in accordance with the following standards:
Existing
a. 65 parking spaces are required for the existing facilities. This
includes 44 spaces for the tennis courts and 21 spaces for the
swimming pool.
Appearinq in favor of the application:
Dr. Harvey Shiflet
Mr. Tom Betz
Mr. Bob Shupe
Mr. Ken Rand
Those opposed to the application:
Mr. Grover Wright, Attorney, represented the Great Neck Association of Civic
Leagues.
After considerable discussion concerning the application which was opposed
by residents of the area, the applicants requested permission from the City
Council to withdraw the application in an effort to meet with the residents
to determine if an agreement might be reached.
UPon motion by Councilman Merrick, seconded by Councilman Baum and by
recorded vote as follows:
Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Perrell,
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs
and mayor Patrick L. Standing
Nays: None
The City Council of the CitY of Virginia Beach, Virginia, approved the
withdrawal of the application of the Virginia Beach Racquet Club North
Associates for a conditional use permit for handball and racquetball
courts, additional outdoor courts, clubhouse with restaurant (private)
and additionally partially enclosed indoor courts n an 8 acre parcel
located north of the intersection of Great Neck Road and Thomas Bishop
Lane in the Lynnhaven Borough.
ITEM #12568
An ordinance recommended by the Planning Commission which wo-ld allow
both public and private schools, colleges, and universities in the I-1
Light Industrial District subjoct tb th6 grantinq 6@ a c-onditional use
permit was submitted to City Council for adoption.
UPon motion by Councilman Ferrell, seconded by Vice Mayor McCoy and by
recorded vote as follows;
Ayes: Councilpersons John A. Baum, F. Reid Ervin, Barbara M. Henley,
Clarence A. Holland, Vice mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman Roger L. Riggs
The Virginia Beach City Council adopted the following ordinance amending
and reordaining Article 10, Section 1001 of the Comprehensive Zoning
Ordinance.
ARTICLE 10, SECTION 1001
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS FOR SCHOOLS
IN THE I-1 LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 10, Section 1001(c), Conditional uses and structures, of the
C.Z.O. is amended and reordained as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(7) Public schools, colleges and universities, and
te c"Oo' s, colleges and universities having
'T?ar
pr
si. :cademic curriculu--;
(8) @74 Public utility transformer stations and major trans-
mission lines and towers (50,000 volts or more);
(9) 44 Collection depots for recyclable materials;
(10) @94 Recreational facilities of an outdoor nature, 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;
(11) (494 Recreational facilities other than those of an outdoor
nature.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
iay , f 1978.
APPItOW AS TO CO
0
P-V,10,7@'@rD TO FORM,
S 1G.@,% ZLIRE
CITY ATIOPNEY
ITEM #12569
City Council received an ordinance declaring certain property excess and
requesting authority to dispose of the property. The property is described
as abutting property owned by Mr. A. W. Seol and consists of .037 acre in
a 20 foot strip at the rear of Old Donation Manor Pump Station, a purchase
price of $1,800 or approximately $1.12 per square foot has been negotiated.
Upon motion by Councilman Holland seconded by Councilman Baum and by
recorded vote as follows:
Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing.
Nays: None
City Council of Virginia adopted the following ordinance approving declaring
the property excess and approving the sale thereof.
AN ORDINANCE DECLARING CERTAIN PROPERTY
IN OLD DONATION MANOR EXCESS IN AUTHORIZING
THE CONVEYANCE OF SUCH PROPERTY AS DESCRIBED
HEREINBELOW.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
WHEREAS, a certain parcel of real property located in the Bayside
Borough, comprised of 0.037 acre of land, designated as "Surplus Property" as
shown on that certain plat entitled "Plat Showing Property of the City of Virginia
Beach, Virginia, Bayside Borough, Virginia Beach, Virginia,"Bureau of Surveys and
Mapping, dated July 26, 1978, and attached hereto as Exhibit "A", was acquired by
the City of Virginia Beach and in the opinion of the City Council is now in excess
of the needs of the City; and
WHEREAS, it is now considered suitable to dispose of this property by
conveyance:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to convey the said 0.037 acre
of land as shown on the aforementioned plat in the manner he deems to be in the
best interest of the Cit3, of Virginia Beach.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
@4, O'day of I197_L.
(A three-fourths vote of all members of the Council is required.)
An Ordinance was presented requesting the appropriation of $2,287,080 to
,meet conuni-Iments made in the operating budget for the fiscal year 1978
for materials which will be delivered and invoiced in fiscal vear 1979.
Councilman Merrick inquired as to whether these expenditures were made as
a result of "over" appropriation or from other sources. He was assured
that the items were needed and in some instances were four or five months
in delivery. Mr. Hanbury, the City Manager, advised Councilman Merrick
that he kept a close check and discouraged such procedures, where upon
Councilman Merrick said that as a token of his confidence in the City
Manager he would move to adopt the ordinance.
Upon motion by Councilman Merrick, seconded by Mayor Standing and by
recorded vote as follows:
Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland,, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
The City Council of V-irginia Beach, Virginia, adopted the following
ordinance:
AN ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDS FbR FISCAL YEAR 1979 FOR THE
PAYMENT OF PURCHASE ORDERS BROUGHT
FORWARD FROM FISCAL YEAR 1978
WHEREAS, during the course of business in fiscal year 1978,
purchase orders or contracts were issued committing the city to
purchases of materials, supplies, equipment or services for use
by several departments, divisions, or bureaus and,
WHEREAS, these purchase orders or contracts were charged
to appropriations previously autborized for the fiscal year
ended June 30, 1978 so as to reduce the unencumbered balance of
those appropriations and,
WHEREAS, on June 30, 1978 there were purchase orders or
contracts totaling $2,287,080 for which materials, supplies,
equipment or services had not been delivered or invoiced,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the funds totaling $2,287,080 unexpended and
represented by purchase orders outstanding on June 30, 1978 be
reappropriated as additions to fiscal 1979 appropriations to the
respective departments, divisions or bureaus of the city so that
upon the delivery of the materials, supplies, equipment or services,
there shall be sufficient funds to make payment. These funds shall
be appropriated from the following respective fund balances:
General $1,266,618
Water & Sewer Fund 117,208
Golf Course Enterprise
Fund 2,998
Law Library Fund 184
School Operating Fund 900,072
Total Appropriations $2@@87 O@80
This ordinance shall be effective from the date of its passage.
il'EM #i2571
In order to protect the health and welfare of persons participating in
surfing and to designate the areas reserved for such activities;
City Council upon motion by Councilman Hollandl seconded by Councilman
Riggs and by recorded vote as follows:
Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
Adopted the following ordinance to amend and reordain Section 6-33 of
the Code of Virginia Beach pertaining to surfing generally:
AN ORDINANCE TO AMEND-AND REORDAIN
SECTION 6-33 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SURFING GENERALLY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 6-33 of the Code of the City of Virginia Beach, Virginia,
is amended and reordained as follows:
Section 6-33. Where surfing permitted generally:
It shall be unlawful for any person to surf or to have a surfboard in the
city in the littoral waters of the Atlantic Ocean, except as permitted by this
section as follows:
(a) At the city recreation park, Little Island, at places and times as
designated by the director of parks and recreation.
(b) South of Little Island Park to the state line, between sunrise and
sunset, subject to restrictions that may be imposed by the United States in the
area owned by it, and further subject to the provisions of section 6-22.
(c) In the area between the southern boundary of the United States Naval
Reservation, Dam Neck, and the northern line of Little Island Park, between the
hours of sunrise and sunset; except, that between May 15 and September 30, surfing
is not permitted between the hours of 10:00 a.m. and 5:00 p.M.
(d) In the areas north of the northern line of Camp Pendleton to the southern
boundary of Fort Story, between the hours of sunrise and sunset; except, that
between the period May 15 through September 30, surfing is not permitted between
the hours of 10:00 a.m. and 5:00 p.m. Surfing is permitted in the area one hundred
feet north of the centerline of 3rd Street prolongated eastward extending one
hundred feet north of the centerline of 5th Street prolongated eastward and in
the area eight hundred feet south of the southern jetty of Rudee Inlet and in
the area five hundred feet north of the northern jetty of Rudee Inlet between
sunrise and sunset.
I
(e) In such posted surfing areas,not to exceed five hundred feet as
the City Manager may from time to time set aside for periods not to exceed forty-
five days. The City Manager shall file his reasons for establishing such areas
within twenty-four hours of such postinq with the City Clerk.
(f) Surfing is prohibited at all times, except as provided in paragraph
(e), within three hundred feet north and three hundred feet south of the Wooden
Fishing Pier located between 14th Street and 15th Street, as well as the area
between the north and south jetties of Rudee Inlet.
Any person who violates the provisions of this section shall be guilty
of a class IV misdemeanor.
An emergency exists and this ordinance shall be effective from date
of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 14th day of August 1978.
JDB/ci
8/14/78
(22)
A7R
AS TO CQNTFVTS
APPPN" m
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Cil@ i,@,
ITEM #12572 A
Ci@Y Council received an ordinance amending and reordaining Section
2-43.9 of the City Code regarding employee retirement which permits
employment of council appointees, of which there are five, to work
after attaining age 70 provided they are duly authorized. The purpose
of the amendment at this time is to provide additional time for the
council to select qualified-persons for their app6ittive positions.
Upon motion by Councilman Holland, seconded by Councilman Ferrell and
by recorded vote as follows:
Ayes: Councilpersons John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Nays: None
The City Council of Virginia Beach, Virginia adopted the following
ordinance amending and reordaining Section 2-43.9 of the City Code as
requested by City Council.
Requested by: City Council
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-43.9 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO MANDATORY RETIREMENT
AGE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-43.9 is amended and reordained to read
as follows:
No police officer or firefighter shall be employed by
the city after the end of the month in which he or she attains age
sixty-five. No other employee, other than appointees of the City
Council, duly authorized, shall be employed full time after the
end of the month in which he or she attains the age of seventy.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the
ITEM #12572 k@
'Mayor @tanding appointed Councilmen Ervin and Payne as a Special committee
to review the applicants for the City Clerk's POsition and to return
recommendations for the same, together with recommendaetions for the method
of selection. Upon motion by Councilman Riggs, second d by Councilman
Baum and by unanimous voice vote the committee was approved.
ITEM #12573
MaYor Standing appointed a special conunittee composed of Vice Mayor McCoy
and Councilman Merrick to work with the staff to review and clarify the
Boards and Commissions for the purpose of establishing more realistic
methods of maintaining permanent records. Upon motion by Councilman Riggs,
seconded by Councilman Baum and by unanimous affirmative vote the appoint-
ment of the committee was approved.
ITEM #12574
Mrs. Gloria Knight appeared before City Council through the courtesy of
Councilman Payne and requested Council to amend the rdinance which provides
a $10.oo fine for non-payment of personal property ta,e, when due. The
rnatter was referred to City Treasurer John Atkinson wh, w,, in the chamber
for recommendation.
ITEM #12575
Mrs. Cassandra Barnes appeared before City council through the courtesy
of Councilmen Holland and Riggs to request an adjustment in the traffic
lights at 34th Street and Atlantic and Pacific Avenues to provide pedes-
trians greater safety in crossing the streets. The item was referred to
the Traffic Engineer.
ITEM #12576
After considerable discussion and consideration of their activities, Mr.
John Griffin was nominated by Councilman Holland to fill the position of
citizen member on the Southeastern Virginia Planning District Commission.
ITEM #12577
After considerable discussion and consideration of their activities and by
recorded vote Mr. George Hanbury, City Manaqer, was elected by a vote of
7 in favor of and 4 opposed, to fill the pos-ition of citizen member on
the Southeastern Virginia Planning District Commission over Mr. John Griffin.
Mr. John Baum, Councilman, was elected by a vote of 6 in favor and 5 opposed
to fill the position of elected official on the SEVPDC o,,r Councilman
Merrick.
ITEM #12578
Mr. Robert Berry was appointed by City Council to fill the unexpired term
of Mr. Noland Chandler on the Virginia Beach Development Authority, over
Mr. Andrew Downy, who was defeated by a vote of 8 to 3.
ITEM #12579
Mr. William Whiteside, Executive Secretary of the Green Run Homes Association
appeared before City Council representing the Association and expressed his
appreciation of the work being done by City Council in behalf of the public
in general and of the Green Run area in particular. He expressed the will-
ingness of the association to assist the City Council in any way they could.
ITEM #12580
City Council adjourned by unanimous vo@@t 5:15 p.m.
P rck L. tadng, MZIY-R