MARCH 21, 1977
CITY OF VIRGINIA BEIC
MUNICIPAL CENTER
VIRGLNIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y,id@ B.,@.gh HENRY M,Coy, I,, D.D.S., K@.p@@ill@ B.,..gb
VICE MAYOR PATRICK L, STANDING, Al L.,g@ MEYERA E. OBERNDORF, Al L.,@
JOHN A. BAUM, BI.,k@.,,, B@,..,h J. CURTIS PAYNE, P,i@,@,, A.@@ Bo,.@,b
ROBERT B. CROMWELL, J,., A, ROGER L. RIGGS, Vi,gi.i. fl@.,b B.-.,b
GEORGE R. FERRELL, Al L.,g@ FLOYD E. WATERFIELD, I,., P@@g. B@,..gb
JOHN R. GRIFFIN, Ly-b.,,,@ B.,@.gb A G E N D A RICHARD 1. WEBBON, Cily Cl,,k
The City Council of the City of Virginia Beach, Virginia, will assemble in
the Administration Building, Princess Anne Borough, Virginia Beach, Virginia,
in Regular Session, at 1:00 p.m., on Monday, March 21, 1977, for the purpose
of conducting public business and will hear and act upon the fo lowing items:
1. Call to order by the 14onorable Clarence A. Holland, Mayor, in the Council
Conference Room.
2. Roll Call of the Council.
3. Motion and Roll Call 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 J. Alton Butts,
St. Marks A. M. E. Church, Virginia Beach, Virginia. Please remain
standing for the Pledge of Allegiance.
S. Roll Call of the Council.
6. Minutes of the Regular Meeting of March 14, 1977 to be presented for
approval and acceptance.
7. Ttems for Second Reading:
a. City Council is requested to approve on second reading an ordinance
to appropriate funds totaling $12,837 to establish a Virginia
Alcohol Safety Action Program for the City of Virginia Beach,
Virginia.
8. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Charles J. Hayes,
Sr. and Jean B. Hayes for a Change of Zoning District Classification
from R-S Residential District to B-2 Community Business District on
13.5-acre parcel located on the west side of First Colonial Road, south
of Wolfsnare Road (Lynnhaven Borough).
9. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of The flado Develop-
ment Corporation for a Change of Zoning District Classification from
B-2 Community Business District to A-4 Apartment District on a 5.376-acre
parcel located on the south side of Old Virginia Beach Road, east of Realty
Avenue in the Oceana Gardens area (Lynnhaven Borough).
I
10. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Baylake United
Methodist Church for a Conditional Use Permit for a church and educa-
tional building on 1.72-acre more or less parcel located at the north-
west corner of the intersection of Shore Drive and Treasure Island
Drive in the Baylake Pines area (Bayside Borough).
11. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of an Ordinance to amend and reordain
Article 2, Part C, Section 224 (a) of the CZO pertaining to automobile
service stations.
12. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the following amendments to the
CZO:
a) An Ordinance to amend and reordain Article 3, Section 301 (c) of
the CZO pertaining to use regulations for outdoor recreational
facilities within the Preservation District.
b) An Ordinance to amend and reordain Article 4, Section 401 (c) of
the CZO pertaining to use regulations for outdoor recreational
facilities in the Agricultural District.
c) An Ordinance to amend and reordain Article S, Section 501 (c) and
581 (c) of the CZO pertaining to use regulations for outdoor re-
creational facilities in the R-1 and R-9 Residential District.
d) An Ordinance to amend and reordain Article 6, Section 601 (c) of
the CZO pertaining to use regulations for outdoor recreational
facilities in the A-1 Apartment District.
e) An Ordinance to amend and reordain Article 7, Section 701 (c) of
the CZO pertaining to use regulations for outdoor recreational
facilities in the H-1 Hotel District.
f) An Ordinance to amend and reordain Article 9, Section 911 (c) of
the CZO pertaining to use regulations for outdoor recreational
facilities in the B-2 Community Business District.
13. Letter from the City Manager recommending that City Council approve an
Ordinance to amend and reordain Section 6-33 of the Code of the City of
Virginia Beach, Virginia, relating to surfing.
14. Letter from the City Manager recommending that City Council approve the
request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the
amount of $755.36.
15. Letter from the City Manager recommending that City Council approve the
following Bingo/Raffle.permits:
Bayside High School Track Parents Booster Club
Red Wing Lake Women's Golf Association
Woodstock Recreation (Renewal)
16- bld business, deferred from the previous meeting, including any report
of the Mayor or committees named by Council.
17. New business, including any presentations by Council Members, citizens,
and organizations.
18. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGIT4IA 132ACII, VIRGINIA
March 21, 1977
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by llayor Clarence A. llolland, in the
Conference Room, in the Administration Building, Princess Anne
Borough, on Monday, March 21, 1977, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, PAayor Clarence A,. Holland,
J. Ilenry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Pa@ne, Roger
L. Riggs, and Floyd E. Waterfield, Jr.
Council Members absent: Vice Mayor Patrick L. Standing*
ITEM #10578
Mayor Holland entertained a motion to permit the Council to conduct
an informal discussion to be followed by an Executive Session for
the purpose of discussing the following:
1. Discussion or consideration of employment, assignment,
appointment, promotion, deniotion, salaries, discipline or
resignation of public officers, appointees or employees of
any public body.
2. Discussion or consideration of tlie condition, acquisition
or use of real property for public purpose, or other disposition
of publicly lield property.
3. Investing of Public funds where competition or bargaining
are involved where, if r@lade public initially, the financial
interest of the governing unit would be adversely affectecl.
4. Consultation with legal counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
Potential litigation, or other legal matters within the
jurisdiction of the public body.
On motion by Councilman Ferrell, seconded by Councilman Waterfield, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Croriwell, Jr., George R.
Ferrell, John R. Griffin, Iv@layor Clarence A. Ilolland, J. Henry @IcCoy,
Jr., Councilwoman Aleyera E. Oberndorf, J. Curtis Payne, Roger L. Iliggs,
and Floyd E. Waterfield, Jr.
Nays: None
Absent: Vice Mayor Patrick L. Standing
City Council voted to proceed into Executive Session following the
informal discussion.
*Vice Mayor Standing entered meeting at 1:23 p.m.
ITEM #10579
The City Manager stated at the informal meeting that due to the new
"Farmette Policy" that's in effect in Chesapeake and Virginia 3eacil,
he was going to show a film on septic tanks and how they should be
used and regulated.
Doctor Crawford stated that the film about to be shown is a recent one
and most of the homes shown are in Virginia Beach. It was also noted
that 49% of the citizens in Virginia Beach have septic tanks so it is
vitally important that the City understand the problems involving
these septic tanks.
ITEM #10580
The City Manager stated that during the congested periods on the
boardwalk the bike riders and the pedestrians seem to be intolerant
of each other.
Many beaches to the north of us have regulated the bicycle traffic
and prohibit bike riding during congested periods on the boardwalk
such as 10:00 a.m. to 5:00 p.m.
The CIP includes a bicycle trail to be constructed on the boardwalk
in 1980-81, costing approximately $135,000. The Planning Department
estimated that some 200,000 bikes are on the boardwalk each summer.
Councilman Cromwell asked if there had been any accidents on the
boardwalk between a bike rider and a pedestrian, and if there had
been the number of accidents could be used as a guideline to limiting
the hours bicycles are allowed on the boardwalk.
ITEM #10581
At 2:15 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry llecoy, Jr., Council-
woman Aleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
The invocation was given by the Reverend J. Alton Butts, St. Marks
A.M.E. Church, followed by the Pledge of Allegiance.
ITEM #10582
On motion by Councilman Ferrell, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the minutes of the regular meeting of
March 14, 1977, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy of the subject minutes.
ITEM #10583
On motion by Councilman Waterfield, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading the following ordinance to
appropriate funds totaling $12,837 to establish a Virginia Alcohol
Safety Action Program for the City of Virginia Beach, Virginia:
AN ORDINANCE TO APPROPRIATE FUNDS TOTALLING
$12,837 TO ESTABLISH A VIRGINIA ALCOHOL SAFE-
TY ACTION PROGRAM FOR THE CITY OF VIRGINIA
BEACH, VIRGINIA
WHEREAS, the Council of the City of Virginia Beach is interested
in establishing a Virginia Alcohol Safety Action Program (VASAP) in this
City to reduce the drinking and driving ratio, thereby reducing property
damage, injuries, and deaths caused by alcohol related traffic offenses;
and
WHEREAS, the objectives will be accomplished by a planned sys-
tematic approach of four (4) countermeasure areas: enforcement, judicial,
rehabilitation, and public information and education;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIR-
GINIA BEACH, VIRGINIA:
That a program be established and appropriated for the following
purpose:
Estimated Revenue Total
From Other Agencies Fees riatio.
VASAP 037 $800 837
That the appropriation will be financed by $12,037 estimated rev-
enue from Tidewater Community College and by $800 estimated revenue from fees
collected from clients.
First Reading: March 14, 1977
Second Reading: March 21, 1977
Adopted by the Council of the City of Virginia Beach on the 21st
day of @larch 1 1977.
ITEM #lo584
Petition of Cha,les j. Hayes, Sr- and J,,,@ B
District . Hayes
-- @lassification from R-5 Residential Distric
-si 2ss [)i tri t ,, @,,rt@in property located on the
Colonial Road beginning at a Point rst
running a distance of 729 feet 'jB-15 f"t Sl,th
line - ifiore or less along tfl( ad,
I 9 a distance of 660 feet rjiore or less along rty
rUnn?nrunn,'ng a distance of 760.52 feet along the ine,
line, running a distance of 176.25 eet in a Ncrt the ou he)-n pro,r)erty
a distance of 316 fee het,ly di ec
feet along the I,!est s direction, runni. tion, running
ng distance of 261
21, feet in a '@l!sterl, nia] Road, running @ distanc, C)f
Northerly direction. i ning a distance of.20 feet in a
and running a dista ce of 205 feet 1.n an Easterly direction,
Road. Said nct ong the @iest side of First Colonial
parcel cor
.LYt4@NHAVElq BOROUGH. S nlore or less. (Hilltop Area).
Planning COmmissiori Reconimendation:
the moti n a d I Igainst to approve this request.
A motion0was npalsed by the Planning COmmission by a recorded vote of for
For the information of the applicant, Prior to the issu,nce of
rflit, the following will be required by the adniinistrative staf a building per-
f:
2. by the Site Plan Ordinance.
Standard site iniprovements as required
City water and sewer.
3- A 25 foot drainage easement will be required along the western property
4. line if justified by the type of developplent.
Dedication of a 10 foot easenient witli sufficient planted screening along
the,riorthern boundary to provide a buffer for the adjacent residelitial
areas, a buffer along the viestern boundary adjacent to the residential
areas, and a buffer along the rear of the church adjacent to this property.
Further, this ordinance shall be effective upori satisfactory compliance to
the conditions imposed in this nlotion, and it is understood and agi-eed to
by the af)r)licant t@iat the official change on the zoni.ng iflaps will not be
made until the following conditions are satisfied:
A dedication of right-of-way 15 fect ft,om the centerline and a
reservation of an additioiial 15 feet along the 660 foot mor,e or
less southern property line for the proposed Hilltop Loop System
(a 15 foot dedication and a 15 foot reservation).
Mr. Grover C. Wright, Jr., Attorney, represented the petitioner
On ,notion by Councilman Griffin, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cronwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry I,,IcCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield , Jr.
Nays: None
Absent: None
City Council approved the following ordinance upon petition of Charles
J. Hayes, Sr., and Jean B. Hayes for a Lhange 2-f @in District Classif-
Lcation from R-5 to B-2:
ORDINANCE UPON PETITION OF CHARLES J. HAYES, Z0377227
SR. AND JEAN B. HAYES FOR A CHANGE OF Z014IIiG
DISTRICT CLASSIFICATION FROM R-5 Residential
District TO B-2 Community-Business District:
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Charles J. Hayes, Sr. and Jean B. Hayes for a Change of
Zoning District Classification from R-5 Residential District to B-2
Community Business District on certain property located on the West
side of First Colonial Road beginning at a point 118.15 feet South
of Wolfsnare Road, running a distance of 729 feet more or less along
the Northern property line, running a distance of 760.52 feet along
the Western property line, running a distance of 660 feet more or less
along the Southern property line, running a distance of 176.25 feet in
a Northerly direction, running a distance of 316 feet in an Easterly
direction, running a distance of 261 feet along the West side of First
Colonial Road, running a distance of 205 feet in a Westerly direction,
running a distance of 210 feet in a Northerly direction, running a dis-
tance of 205 feet in a Easterly direction, and running a distance of
159 feet along the West side of First Colonial Road Road, Said parcel
contains 13.5 acres more or less. (Hilltop Area). Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. A -05 foot drainage easerient will be required along the
Western property line if justified by the type of development.
4. Dedication of a 10 foot easement with sufficient planted
screening along the northern boundary to provide a buffer
for the adjacent residential areas, a buffer along the
western boundary adjacent to the residential areas, and a
buffer along the rear of the church adjacent to this pro-
perty.
Further, this ordinance shall be effective upon satisfactory compliance to
the conditions imposed in this motion, and it is understood and agreed to
by the applicant that the official change on the zoning maps will not be
made until the following conditions are satisfied:
1. A dedication of right-of-way 15 feet from the centerline
and a reservation of an additional 15 feet along the 660
foot more or less southern property line for the proposed
Hilltop Loop System (a 15 foot dedication and a 15-foot
reservation.)
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21st day of March, 1977
ITEM #10585
Petition of Hado Developnient Coi@poration for a Chanqe of Zoning District
tlassification froin B-2 Comniunity-Business District' to A-4 Apartiiient District
on certain property located on t@ie South side of Old Virginia Beach Road be-
ginning at a poin@4, 200.62 feet East of Realty Avetiue, running a distance of
257.09 fect along tlie Soutli side of Old Virginia Beacli Road, running a
distance of 804.29 feet along thc, Eastern p@,oLnerty line, runnir)g a distance
of 279 feet along the Southern property litie, running a distance of 790.13
feet along tlie t4estern property line, ruiining a distance of 50 feet in an
Easterly dii@ection, aiid running a distance of 65.32 feet in a Northerly
direction. Said parcel contains 5.376 acres. (Oceana Gardens Area).
LYNNIIAVErl BOROUGH.
Planning Commissiori Recommendation:
A motion %qas passed unaniniously by the Planning Commission by a recorded vote
of 12 to approve this request.
For the information of the applicant, prior to the issuance of a building per-
mit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Provision of sufficient open space for recreation.
4. Provision of fire Drotection measures in accordance with City fire protection
regulations for structures for older adults.
Further, this ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the
applicant that the official cliange on the zoning maps will not be made until
the following conditicns are satisfied:
Dedication of adequate drainage easenients, as determined by the
Department of Public 14orks, along tlie eastern and southern prop-
Prtv linp,-
Mr. Grover C. Wright, Jr., Attorney, represented the Petitioner
On motion by Councilman Griffin, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following ordinance upon petition of
Hado Development Corporation for a Change of Zoning District Classifi-
cation from B-2 Community-Business District to A-4 Apartment District:
ORDINANCE UPON PETITION OF HADO DEVELOPMENT Z037722a
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 Community-Business
District TO A-4 Apartment District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Hado Development Corporation for a Change of Zoning District
Classification from B-2 Community-Busienss District to A-4 Apartment Dis-
trict on certain property located on the South side of Old Virginia
Beach Road beginning at a point 200.62 feet East of Realty Avenue, runn-
ing a distance of 257.09 feet along the South side of Old Virginia
Beach Road, running a distance of 804.29 feet along the Eastern property
line, running a distance of 279 feet along the Southern property line,
running a distance of 790.13 feet along the Western property line, runn-
ing a distance of 50 feet in an Easterly direction, and running a distance
of 65.32 feet in a Northerly direction. Said parcel contains 5.376 acres.
(Oceana Gardens Area). Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan
Ordinance.
City water and sewer.
3. Provision of sufficient open space for recreation.
4. Provision of fire protection measures in accordance
with City fire protection regulations for structures
for older adults.
Further, this ordinance shall be effective upon satisfactory compliance to
conditions imposed in this motion, and it is understood and agreed to by
the applicant that the official change on the zoning maps will not be
made until the following conditions are satisfied:
1. Dedication of adequate drainage easements, as determined
by the Department of Public Works, along the eastern and
southern property lines.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21st day of March, 1977
ITEM #10586
Application of Baylakc United @lethodist Cliurch for a Conditional Use Pei-mit
for a church aiicl educitional buildirig on certain prop rty oc"t@ -t t @
Northi,rcst intersecti-on of Sliore I)rive ind Ti,oiisLirc Tsiind Drive, running a
distance of 415 fect aloiig tlie North side of Sliore Drive, runninal a distance
of 285.11 feet along tlie l@estcrn i)ropcrty Iiiie, rtmning a distance of 400.26
feet along thc Nortlicrn propcrt@- li.ne of @,,Iiicii 100.26 is tlie South side of
Blackbeard Road, and runniii,@ i distance of 239.05 fect Ilong tlie ivest side of
T-reasure Island Dri.ve. Said parc:cl contaiiis 1,72 acres more or less.
(Baylake Pines Area). BAYSIDE, BOROUGII.
PlaTmiiig Commission Rccommendatioii:
A motion ivas passed Luianimously by tlic Plaiining Commission by a recorded vote
of 13 to approve this request.
For the information of the applicLnt, prior to the issuance of a building per-
mit, tho following will be reqliired by the adniinistrative staff:
1. Standard site improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A dedication of ri@.ht-of-ivay 80 feet froin the centerline of tlic existing
variable right-of-ivay along the 41S foot more or less frontage on Shore
Drive (an 11.5 foot dedication).
4. Standard ri2ht-of-way iMT)rovements along Shore Drive & Treasure Island Drive.
On motion by Councilman Cromwell, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry l@IcCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Avaterfield, Jr.
Nays: None
Absent: None
City Council adopted the following resolution upon application of
Baylake United Methodist Church for a Conditional Use Permit for
a church and educational building:
RESOLUTION UPON APPLICATION OF BAYLAKE UNITED R0377103
IAETHODIST CIAURCH FOR A CONDITIONAL USE PERMIT
for a church and educational building:
Be it resolved by the Council of the City of Virginia Beach, Virginia,
that:
Application of Baylake United Methodist Church for a Conditional Use
Permit for a church and educational building on certain property located
at the Northwest intersection of Shore Drive and Treasure Island Drive,
running a distance of 415 feet along the North side of Shore Drive,
running a distance of 285.11 feet along the Western property line, running
a distance of 400.26 feet along the Northern property line of which 100.26
is the South side of Blackbeard Road, and running a distance of 239.05
feet along the West side of Treasure Island Drive. Said parcel contains
1.72 acres more or less. (Baylake Pines Area). Bayside Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
2. City water and sewer
3. A dedication of right-of-way 80 feet from the centerline
of the existing variable right-of-way along the 415 foot
more or less frontage on Shore Drive (an 11.5 foot dedication).
4. Standard right-of-way improvements along Shore Drive and
Treasure Island Drive.
This resolution shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21st day of March, 1977.
ITEM #10587
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Co'uncilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to defer for three weeks the following ordinance
to amend and reordain Article 2 of the Comprehensive Zoning Ordinance
pertaining to Automobile Service Stations:
BE IT ORDAINED BY TEIE COUNCIL OF TIIE CITY OF VIIGINIA BEACI-1,
VIRGINI-A:
That Article 2, Part C, Section 224(a), of the C. Z. 0. is amcndcd and
reordained as follows:
(a) Minimum lot and yard requirements. The miiiimum lot size
shall be Z5, 000 square feet with l i@-iiniinurn lot width of 150
feet. No gasoline scrvice islands stial.1 be locpted closer
tliztn fiftecn (15) fect to any acljoinin, i7igl-it-of --,@,ay nor closer
than fifty five (55) fect to any othcr building on the lot.
However, no autc)mobilc service stiition sliill be operated in
coiijtinction witli a grocery storc or carry-c)'Lit food store,
restaurants or sin-iilar eating places, or sil-nilar uses unlcss
ruch use is conducted in a frce-stancling building and provided
that gasoliiie purnps are protected froni traffic circulation
by walls, posts, or other similar barriers.
All full service and self-service automobile service stations
sh-,ill provicle restrooin facilities.
Adopted by the Council of the City of Virl@inia Beach, Virginia, on the
day of 1977.
SIGNAVE
7 7
A P.0 ZZ) V [-'D .S0
CITY Al TC)R.'4EY
ITEM #10588
On motion by Councilman Payne, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: None
City Council approved the following ordinance to amend and reordain
Article 3 of the Comprehensive Zoning Ordinance pertaining to Use
,ti,ns for Outdoor Recreational Facilities within the Pteservation
District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 3 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO USE REGULATIONS
FOR OUTDOOR RECREATIONAL FACILITIES
WITHIN THE PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 3, Section 301(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:
(5) Recreation and amusement facilities of an outdoor
nature other than as specified under permitted
principal uses and structures,
partial seasonal
basis,_ ii.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of March 1977.
APPROVED AS TO CONTENTS
A F-T E, 0 F C@M
CITY ATTORNEY
li,LIVI #Iub6i
On motion by Councilman Payne, seconded by Vice Ilayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: None
City Council approved the following ordinance to amend and reordain
Article 4 of the Comprehensive Zoning Ordinance pertaining to Use
Regulations for Outdoor Recreational Facilities in the Agricultural
District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO USE REGULATIONS
FOR OUTDOOR RECREATIONAL FACILITIES IN
THE AGRICULTURAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 401(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:
(15) Recreation and amusement facilities of an
outdoor nature other than as specified under
permitted principal uses and structures,
which may be.partially or temporarilv
enclosed on a seasonal ba8is with approval
of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 - day of Ilarch 1977.
AP NTENTS
A FORM
ITEM #10590
On motion by Councilman Payne, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patricl@ L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: None
City Council approved the following ordinance to amend and reordain
Article 5 of the Comprehensive Zoning Ordinance pertaining to Use
ations for Outdoor Recreational Facilities in the R-1 and-R-9
Residential District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO USE REGULATIONS
FOR OUTDOOR RECREATIONAL FACILITIES IN
THE R-1 AND R-9 RESIDENTIAL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 501(c) and 581(c), of the C.Z.O. is amended and
reordained as follows:
501. (c) Conditional uses and structures. Uses and structures
hereinafter specified; subject to compliance with the
provisions of Part C of Article 2 hereof:
(10) Recreation facilities of an outdoor nature, other
than as specified under permitted principal uses
and structures, which may be partially or temp-
orarily enclosed on a seasonal basis; with the
approval of City Council, except that riding
academies and recreational campgrounds shall not
be allowed as a conditional use or otherwise;
581. (c) Conditional uses and structures. Uses and structures
hereinafter specified; subject to compliance with the
provisions of Part C of Article 2 hereof:
(7) Recreation and amusement facilities of an outdoor
nature, other than as specified under permitted
principal uses and structures, which may be part-
ially 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;
Adopted by the Council of the City of Virginia Beach, Virginia on the
21 day of March 1977.
APPR 0 CONTENTS
s
DEPART,'@Ar
APPRO E@D 0 FORM
17XT
@66NAfU E
/C,T'Y ATTORN!FV
ITEM #10591
on motion by Councilman Payne, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry MCCOY, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: None
City Council approved the following ordinance to amend and reordain
Article 6 of the Comprehensive Zoning Ordinance pertaining to Use
Regulations for Outdoor Recreational Facilities in the A-1 ment
District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO USE REGULATIONS
FOR OUTDOOR RECREATIONAL FACILITIES IN
A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 601(c) 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:
(12) Recreation and amusement facilities of an outdoor
nature other than as specified under permitted
principal uses and structures, which may be part-
ially 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;
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of March 1977.
APPROVED AS TO CONTENTS
-27
APPRO
TY ATTORNEY
ITEM #10593
on motion by Councilman Payne, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: None
City Council approved the following ordinance to amend and reordain
Article 9 of the Comprehensive Zoning Ordinance pertaining to Use
Regulations for Outdoor Recreational Facilities in the B-2 Community-
Business District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO USE REGULATIONS
FOR OUTDOOR RECREATIONAL FACILITIES IN
B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 911(c) of the C.Z.O. is amended and reordained
as follows:
(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the
provisions of Part C of Article 2 hereof:
(12) Recreational and amusement facilities of an
outdoor nature, which may be partially or
temporarily E7nclosed on a seasonal basis
with approval of City Council, provided that
in the development of such properties, safe-
guards are provided to preserve and protect
the existing character of adjacent properties
except that riding academies and recreational
campgrounds shall aot be allowed as a condi-
tional use or otherwise.
Adopted by the Council of the City of Virginia Beach on the 21
day of March 1977.
APPROV@ AS TO CONTENTS
0,,411
SIGNATU@ -
APPI TO FORM
AS
L4G ATURE
CITY ATTORNEY
The f.llowing persons ppeared b.fore C.uncil @eg.rding this ordin..@.:
Mr. B.n Lane, CO-Dire@tor of E..t@rn S.rfing Ass.@iati.n
Mr. Les Sha@
Mr. D.@id Bear, C.-Dir@tor f E..ter. S.rfing Ass..i.tion
M@. Le. Jo.es
On motion by Councilman Ferrell, seconded by Councilm@n Riggs, ..d
by recorded @ote as follo@s:
Ayes: C...cilmen J.hn A. 13aum, Rob.rt B. C@.m..ll, J,., G.o,ge R.
F.rrell, J.h. R. G,iffi., Mayor Clarence A. @iolla.d, J. Ifenry McCoy,
Jr., C.uncilwom.. M.y.ra E. Ob.r.dorf, J. C.rtis P.yne, Roger L. Rigg.,
Vice May.r Patrick L. St..di.g, nd Fl.yd E. Waterfi.1d, Jr.
,qays: N..e
Absent: None
City Cou.cil voted t. defe@ f.r ne week th. follo@i.g ordinane. to
.mend and reordain Secti.. 6-33 of the Code of the City of Virgini.
B.ach, Virgini., r@l.ting t. s.rfina:
AN ORDINIAI%ICE TO Ar@IE14D AND REORDAIN
SECTIO[I (,-33 OF T[!E CODE OF Ttil-CITY
OF VIRGIJIIA BEACH, VIRGINIA, RELATING
TO SURFING.
BE IT ORDAINED BY T[IE COUriCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 6-33 of the Code of the City of Virginia Beach, Virginia,
is amendcd and reordained to read as follows:
Section 6-33. Where surfing perinitted 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 pennitted by this
section as follows:
(a) At the city recreation park, Little Island, at places and titnes as
designated by the director of parks and recreation.
(b) South of Little Tsland 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 boursdary of the United States
Naval Reservation, Dam Neck, and the nortliern line of Little Island Park, between
the hours of sunrise and sunset; except, that between May 15 and September 30,
surfing is not pemitted 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 of May 15 through September 30, surfing is not permitted
between the hours of 10:00 a.m. and 5:00 p.ni. Surfing is pemitted 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 fect south of the southern jetty of Rudee
Inlet and in the area north of Virginia Beach Steel Fishing Pier for a distance
of two hundred fifty feet between sunrise and sunset.
(e) Surfing is p),ohibited at all tim(!s within three hundred feet north
and three hundred feet south of tlie Wooden Fish-iiig Pier located between 14th Street
and 15th Street, as well as within eight hundred feet south of the Steel Fishing
Pier located at 3rd Street.
An emergency exists and this oi@dinance shall be effective from the date
of passage.
DEFERRED FOR ONE WEEK (MARCH 28, 1977)
Adopted by the Council of the City 'of Virginia Beach, Virginia, on the
.day of 1976.
ITEM #10595
On motion by Councilman Griffin, seconded by Councilman @IeCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following tax refunds in the amount of
$755.36:
DHY/ci
11/23/76
-2-
AN OPDINTNICE AUTIIORIZING TAX REFU%DS Date 3-9-77
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASUFER
FOR PAYt4EI,'T
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the
Treasurer are hereby approved:
Totalin3z $ 134.37
TAX TYPE TICKET EXONERlk- DATE
NANE YFAR OF TAX NMLBER TIO@I NO. PAID PEITALTY Il,'T. TOTAL
lliam A. Powell 1977 CD 65270 2-3-77 7.50
arles E. & Rita Swan 1977 CD 40117 1-4-77@ 7.50
tin W. Winters 1977 CD 32461 1-24-77 15.00
cqueline E. Bryant 1977 CD 89667 1-11@77 15.00
llie Bell Brown 1977 CD 122164 2-22-77 6.87
gela.Nonni 1977 CD 89260 .1-5-77 15.00
r Gal.,bad Co. 1977 CD 48052 1-17-77 15.00
ewart W. Cate 1977 CD 31350 1-21-77 15.00
rgot L. Miller 1977 CD 90285 1-12-77 15.00
ence Heyworth 1977 CD 85989 1-7-77 7.50
odr,iaker Inc. 1977 CD 108935 1-7-77 15.00
The a@ e ibatenent(s) totaling
b@@ ??were approved by
the Council of the City of,virginia
Beach.,pn the day of L,
V. A
Approved as to orm:
Richard J. Webbon, City Clerk
Dale- Bim@on, City kttorne@ll7
AN ORDINANCE AUnIORIZIt'G TAX REI'UD4DS Date 3-7-77
UPON APPLICATION OF CERTAIN PERSONS
ANI) UPON CERTIFICATION OF THE TREASURER
FOR PAYI-LENT
BE IT ORDAlt'ED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA:
That the following applications for tax refunds upon certificatioa of the
Treasurer are hereby approved:
Totalin-@ $410@99
TAX TYPE TICKET EXOi@,- DATE
NAME YEAR OF TAX NUILBER TION 1;0. PAID PE@IALTY INT. TOTAL
L. & G. S. Scheier 1977 CD 34971 1-21-77 7.50
Milton Cluverius III 1977 CD 1.02253 1-28-77 7.50
Itiam T. Beale, Jr. 1977 CD 570814 1-24-77 7.50
rica Novoa 1977 CD 33582 1-20-77 15.00
ank V. Atkinson, sr. 1977 CD 119496 2-1-77 7.50
ert J. Johnson 1977 CD 12i9l2 @2-17-77 15.00
san King 1977 CD 27498 1-14-77 15.00
e Newing 1977 (-'D 124204 2-3-77 ii.00
hoiiy Newing 1977 @@D 124203 2-3-77 15.00
za King of Va. Beach 1976 PP 100927 11-30-77 198.24
t, R. A. Jr. ETALS 1976 RE 031461 212 6-2-76- 48.71
r, D. M. & P 1976 RE 024829 212 12-5-76 59.04
ale check p ayable to
fe Fed. Sav. & Loan
The a@bve abaterent(s) totaling t;
were approved @Dy
r 'i,
the Council of the City of!Virginia
Beach on the I ' day of i @ -- @, /, @ /.
V.,k. Etheridge, Treasurer
Approved as to o@:
Richard J. W on, City Clerk
-D@i-e Bifoson, City Attorney
AN ORDIN,@CE AUTHORIZING TA7X REFUNDS Date 377-77
UPOI.4 APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF TilE TRF-ASURER
FOR PAYIIENT
BE IT ORDAINED BY THE COUTICIL OF TEIE CITY OF VIRGINIA BEACH, VIRGINIA:
1
That the following applications for tax refunds upon certification of the
Treasurer are hereby approved:
10.00
TAX TYPE TICKET EXONER-K- DATE
NAME YEAR OF TAX @,TBER TIO,4 NO. PAID PENALTY INT. -TOTAL
ndolph M. Stevens 1977 CD 68174 2-28-77 15.00
ane Wombolt 1977 CD 54501 1-20-77 15.99
is R. Simon 1977 CD 4028 2-4-77 15.00
@027 2-4-77 15.00
fol Yiotor Sales 1977 CD 1737+ 1-26-77 15.00
orgeanna L. Young 1977 CD 10520 1-4-77 7.50
an Blanchard 1977 CD 43184 l-'4-77 7.50
hn Eger 1977 CD 99131 1-24-77- 7.50
na M. Rieger 1977 CD 1187 1-27@77 15.00
r Truck Leasing Corp. 1977 CD 91394 L-14-77 15.00
nneth Leevers 1977 CD 64468 -31-77- 15.00
yce Mann 1977 CD 47989 L-18-77 7.50
fred M. Palacios 1977 CIY 122324 3-3-77 15.00
hn R. Shortt 1977 CD 97853 L-21-77 7.50
Iter D. Willhoite 1977 CD 107781 2-8-77 7.50
bert L. Brackett 1977 CD 101782 --28-77 7.50
Iliam H. Lane 1977 CD 46507 --13-77 7.50
ank Graham 1977 CD 40475 @-6-77 7.50
omas R. Wil.so-n 1977 CD 25791 L-10-77 .7
,:50
The--i'bove abatement(s) totaling
C e tVi
.1 were approved by i@dk@o
the Counc, of the city of-,Virginia
Beach ort the day of
V@ k@'Ethe@idge, Treasuiiir
Approved as to orm:
Richard J. Webbon, City Clerk
@7,
tor
ic- Bi@oii, City At ney
ITEM #10596
On motion by Vice Mayor Standing, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Ifolland, J. Henry McCoy,
Jr., Councilwoman lleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
Vice lqayor Patrick L. Standing, and Fl.oyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Bingo/Raffle Permits:
Bayside High School Track Parents
Booster Club
Red Wing Lake Women's Golf Association
Woodstock Recreation (Renewal)
ITE@,l #10597
On motion by Councilman McCoy, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy,
Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf
Absent: None
City Council voted to direct the City Manager and City Attorney to
prepare the necessary papers to provide a referendum on the June 14,
1977, Democratic Primary for the $39.9 Million water and Sewer bonds.
ITEM #10598
Councilman McCoy requested a new study be made on Bonney's Corner
due to the problems in that part of the Kempsville Borough.
ITEM #10599
Councilman McCoy stated that in the Acredale section of the Kempsville
Borough the residents have several questions regarding water hookup.
It seems that there are people on one street who have water lines and
residents on another street would like to have water but have no lines
to hook into.
ITEM #10600
Councilman Ferrell introduced Mr. Dwight Jones.
Mr. Jones stated he had some questions regarding the widening of
Salem Road; the need for schools and the amount of money the Federal
Government is going to give Virginia Beach for the increased number
of children due to the navy housing going up on Princess Anne Road.
ITEM #10601
Mr. Wilson Chaplin appeared before Council regarding the navy housing;
the bike trail along the boardwalk; and the vandalisrn that occurred at
the 17th Street restrooms.
ITEM @'10602
The City Manager informed Councilwoman Oberndorf that the study requested
on the Neptune Festival manhours will be presented to the Council on
Monday, March 28, 1977, along with the reports of the Virginia Beach
Art Show manhours.
ITEI,l #10603
On motion by Councilman Ferrell, seconded by Councilman Payne, and
by unanimous vote, the meeting adjourned.
Richard ty Clerk Mayor larence A. @,olland, M.5.-
City of Virginia Beach,
Virginia
March 21, 1977