APRIL 15, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MA YOR HAROLD RVSCHOBE'R, At L-g@
VICE-MAYOR REHAS MCLANAN, P-@.. A- B-gh
JOHN A. BAUM, BI-k-l-@h
NANCY A. CREECH, At L-9.
ROBERT E. FENTRESS V@@ B..h B-gh
BARBARA M RFNLEY, Pw@ @h
H. JACK JE,\WINGS, JR., L"@@. B-gh
LOUIS R. JOARES. Bvi& B-gh
ROBERT G. JONES. A, L.,g@
J. HENRY M@COY. JR., K.@p.@ B-wh
MEYERA E. OB@RF At Lm. 281 CrrYHALL BU@17,rG
MUNICLPAL CE@
RUTH HODGES SMrrH. CMC, City Cl.@k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGWIA 2W6-9M
[8041427-4"3
April 15, 1985
Virginia Beach City Council
BUDGET WORKSHOP - 10 AM
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCJL - Conference Room - 12 NOON
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSJON
ITEM 11. REGULAR SESSION OF VJRGJNIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATJON: Reverend George Sweet
Atlantic Shores Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FL@G OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINJSTRATIVE ITEMS
1. Review of
E. MAYOR/COUNCIL - DISCUSSJON OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of April 8, 1985.
2. Amend the City Council Minutes
Item No. 22523, September 17, 1984 - Approval by Council was
null and void due to improper advertising. This was
actually approved October 22, 1984 Regency Apartments
Associates
Item No. 22702, October 22, 1984 Birdneck Apartments
Associates. Listed in Minutes as "APPROVED ISSUANCE OF" --
should read "INVITE AND ENCOURAGE"
Item No. 22745, November 5, 1985 - Terry/Peterson Associates
11; Terry/Peterson Associates 1; 195 Associates. All listed
in Minutes as "APPROVED ISSUANCE OF" -- should read "INVITE
AND ENCOURAGE"
G. PRESENTATIONS
1. Resolution in Recognition - ODU Lady Monarchs
2. Resolution - R. Neil Tanner - The GODSPEED
H. PROCLAMAT40NS
1. Rescue Squad Week - April 14-20, 1985
2. All American Week - April 29-May 4, 1985
3. Victims' Rights Week - April 14-20, 1985
1. PLANNING - CONSIDER AMENDMENT
1. Consideration of Amendment to deed restrictions imposed upon
a change of zoning in the application of Corporate Designs,
Ltd., August 8, 1978.
(City Council voted March 25, 1985, to consider this
Amendment.)
J. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Painter's Lane in the petition of Lakeside Construction
Company (Princess Anne Borough).
a. Letter from the City Manager transmits the
request of the applicant for a six month time
extension.
2. Application of Stella Jackson for a variance to Section
4.4(b) of the Subdivision Ordinance which requires lots to
conform to the Comprehensive Zoning Ordinance. The
applicant wishes to subdivide two existing parcels totalling
1.08 acres into four lots. This property is located on the
east side of Gregory Lane, south of Owl's Creek Lane
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Robert Arnold for a conditional use per it
for a s*ingle-family dwelling in the AU-1 Agri cult.7@l
District on a 10.46-acre parcel located on the west side of
Sandbridge Road, north of Flanagan's Lane (Princess Anne
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4 Application of Kenna R. and Juanita M. Bush f or a
conditional use permit for a home occupation (beauty shop)
on a 10,729-square foot parcel located at 1329 Canary Drive
(Cardinal Estates) (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation ot the Planning Commission
for approval.
5. Application of Melvin 0. and Ruby H. Dozier for a
conditional use perm i t f or an auto repa i r f ac i I i ty on a
1.277-acre parcei located at the northeast corner of South
Plaza Trail and Continental Street (Lynnhaven Borough).
(This application was deferred April 8, 1985, for one week.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of Ocean Bay Associates for a change of zoniE2
from R-5 Residential District to A-2 Apartment District on a
one-acre parcel located on the west side of Pleasure House
Road, south of Brigadoon Drive (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Pianning Commission
for approval.
7. Application of Floyd E. Kellam, Jr. and Annie B. Kelfam,
Trustees of Trust B under the Will of Floyd E. Kellam, for a
change of zoning from AG-2 Agricultural District to B-2
Community-Business District on a 38,376-square toot par@e
located along the north side of Princess Anne Road, west of
North Landing Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Catholic Diocese of Richmond, c/o Marian
Manor, Inc. for a change of zoning from 1-1 Light Industrial
District to 0-1 7ffice District on a 15,377-square toot
parcel;
AND,
the appiication of Marian Manor, Inc. for a conditional use
permit for housing for the elderly on a 1.82-acre parcei
located south of Virginia Beach Boulevard, west of
Clearfield Avenue (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of George F. Darden, Jr. for a change of zoning
from B-2 Community-Business District to A-2 Apartment
District on a 10-961-acre parcel Foca-ted on the north side
of First Colonlai Road, east of North Great Neck Road
(Lynnhaven Borough).
(This application was deferred April 8, 1985, for one week.)
a. Letter from the City Manager transmits no
recommendation from the Planning Commi@sion
due to a tie vote.
10. Applications of Thalia Used Auto Parts of Virginia, Inc. for
a change of zoning from 0-1 Office District to B-2
Community-Business District on a 1.43-acre parcel;
a change of zoning from 0-1 Office District to 1-2 Heavy
InEu-strial District on a 30,928-square foot parcel located
on the south side of Bonney Road, west ot Bendix Road;
AND,
a conditional use permit for an auto saivage yard on a
2.31@acre parcel located to the south of Bonney Road, west
of Bendix Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
11. Ordinance to amend and reordain Article 7, Section 711(a) of
the Comprehensive Zoning Ordinance pertaining to use
regulations in the H-2 Resort Hotel District.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
12. Ordinance to amend and reordain the Comprehensive Plan dated
January 23, 1985, regarding commercial development in the
General Booth Boulevard area.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
K. RESOLUTJON/ORDINANCES
1. Resolution requesting that the United States Congress, the
Federal Communications Commission, and other appropriate
governmental bodies and agencies take all action necessary
and constitutional to prohibit, restrict, or otherwise
regulate use of computerized telephone calling methods by
companies to automaticaily call private residences.
2. Ordinance, on SECOND READING, to appropriate $70,675 for a
study of development south of the green line.
3. Ordinance to amend Section 5 of the Site Plan Ordinance,
Minimum Standards and Specifications Required, of the Code
of the City of Virginia Beach, Virginia by adding thereto
Subsection 5.2, and amending and reordaining Subsection 5.8
thereof.
(This Ordinance was deferred April 8, 1985, for one week.)
L. CONSENT AGENDA
All matters iisted under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separateiy.
1. Resolution in Recognition to the ODU Lady Monarchs.
2. Resolution to R. Nell Tanner - GODSPEED.
3. Resolution directing and authorizing the City Clerk to
properly advertise an Ordinance regarding election
districts and voting places within the City for the
meeting of May 6, 1985.
4 Resolution authorizing the enlargement of the
nonconforming use and structure located at 1521 Miil
Landing Road (property of M. M. Rollins, Jr., et ux-
5. Ordinance to amend and reordain Section 2-107 of the Code
of the City of Virginia Beach, Virginia, pertaining to
conversion from temporary status to permanent status for
employees.
6. Ordinance, on FIRST READING, to appropriate $26,000 to
the Community Services Board FY 1985 Budget and to
transfer $28,500 within the CSB Budget for the purchase
of four vans.
7. Ordinance, on FIRST READING, to appropriate $42,000 to
the Public Works Department to cover increases in school
dumpster charges.
8. Ordinance, on FIRST READING, to appropriate $3,626 for
the Mounted Police Unit and for the construction of an
emergency exit for the Police-Services Division.
9. Ordinance to transfer $10,900 from surplus funds within
the Emergency Medical Services Unit for replacing a
Cardiac Technician Zone Car.
10. Ordinance to transfer $75,400 of Capital Project funds
from Project #2-804 to Project #2-017 Red Wing Lake
Hydraulic Study.
11. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of South Independence
Boulevard, to Augustine Construction Co., Queens
Construction Co., Cambridge Construction Co., and Pace
Construction Co., their assigns and successors in title.
12. Ordinance to authorize temporary encroachments into a
portion of the rights-of-way of Hampshire Lane and Lake
Edward Drive, to Great Atlantic (50-mpany, its assigns and
successors in title.
13. Low bid of Inner-View, Ltd., in the amount of
$195,523.00, for the Weaverville Sewer Extension and
Stewart Drive Sewer Extension Proi.ects; AND, authorize
the ger to enter into the necessary agreements
for the implementation of these projects.
14. Ordinance authorizing the City Manager to execute a deed
of vacation and dedication between the City and the Lori
Ann Spadea Present Interest Trust.
15. Raffle Permit: Virginia Beach Legal Secretaries
Association
16. Request of the City Treasurer for tax refunds in the
amount of $465.74.
M. UNFINISHED BUSINESS
N. NEW BUSJNESS
1. Discussion of Transfer Station Location - Mr. John
Vaughan sponsored by Councilman J. Henry McCoy, Jr.,
D.D.S.
2. Request by Raven Restaurant for appeal of denial for
encroachment into portions ot the City's right-of ways
of Atlantic Avenue and 12th Street.
0. ADJOURNMENT
1. Motion to adjourn.
Monday, April 15 Budget Workshop
10:00 a.m. Conference Room
Wednesday, April 17 Public Hearing
7:00 p.m. Pavilion
Wednesday, April 24 Budget Workshop
7:30 p.m. Conference Room
Tuesday, April 30 Budget Workshop
7:30 p.m. Conference Room
Thursday, May 2 Budget Workshop
9-11:30 a.m. Conference Room
Monday, May 6 Regular Session
2:00 p.m. Council Chambers
FIRST READING
Monday, May 13 Regular Session
2:00 p.m. Council Chambers
SECOND READING
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 15, 1985
The Regular Meeting of the Council of the City of Virgiiiia Beach, Virginia
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, April 15, 1985, at 12:25 in the afternoon.
Cuncil Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack JenLiings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. OberLidorf
Council Members Absent:
None
April 15, 1985
- 2 -
ITEM # 23465
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employmeot,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resigiiation of public officers,
appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorlieys, pertaining to
actual or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upon motion by Couticilman Robert Jones, seconded by Councilwoman Creech,
City Council voted to proceed into the EXECUTIVE SESSION to be followed by
the REGULAR SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
April 15, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 15, 1985
2:20 p.m.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday,
April 15, 1985, at 2;20 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiinings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend George Sweet
Pastor
Atlantic Shores Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
April 15, 1985
- 4 -
MAYOR - DISCUSSION OF PERTINENT MATTERS
ltem II-E.1
GEORGE P. DARDEN, JR.
CHANCE OF ZONING ITEM # 23466
As Vice Mayor McClanan was ABSENT at the Council Meeting of April 8, 1985,
during the consideration of the application of GEORGE F. DARDEN, JR., for a
Change of Zoning District Classification from B-2 Community-Business District
to A-2 Apartment District (See Item 11-J.9 of the PlanniL)g Agenda), same
will be DEFERRED.
Item II-E.2
ABSENCE OF
COUNCILMAN LOUIS JONES ITEM # 23467
As Couacilman Louis Jones must leave the Council Meeting early for important
business, the items on the PLANNING AGENDA concerning the BAYSIDE BOROUGH
will be moved forward.
April 15, 1985
5
Item II-F.I.
MINUTES ITEM # 23468
Upon motoin by Councilwoman Creech, secoaded by Councilman Louis Jones,
City Council APPROVED the Minutes of April 8, 1985, with the following
CORRECTION:
ITEM # 23460 - page 33 - RESOLUTION/COMMISSION
ON LOCAL GOVERNMENT
The following words shall be DELETED in said Resolution.
1. Whether or not the size Of CitY
Council should be changed.
(Corrected Resolution is hereby made a part of the proceedings).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert C. Jones, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Reba S. McClanan
Council Members Absent:
None
April 15, 1985
- 5a -
R E S 0 L U T I 0 N
WHEREAS: The City of Virginia Beach was created under its present
charter on January 1, 1963, which charter established the current
organization of City Council and the City government;
WHEREAS: Since January 1, 1963, the City of Virginia Beach has
grown in population from approximately 160,000 citizens to over 300,000
citizens and is projected to grow to a city of over 450,000 by the turn
of the century;
WHEREAS: Members of the public have, from time to time, expressed
concern regarding the size and organization of City Council and whether
or not there should be a direct election for the Mayor of the City;
WHEREAS: The City Council of the City of Virginia Beach desires
that the publ ic be served by its local government in a manner that is
most responsive to the present and future needs of the City and most
effective In the economical and efficient operation of local
government; and,
WHEREAS: The City Council believes that a thorough examination of
the structure of local government Is timely and that a study of it
should be undertaken by a group of local citizens as objectively as
possible without regard to partisanship but with due regard for
promoting the public interest and welfare of the City.
NOW THEREFORE, BE IT RESOLVED: That the City Council of the City
of Virginia Beach establish a COMMISSION ON LOCAL GOVERNMENT to study
in depth the composition and organization of the City's form of
government and make recommendations, If it deems desirable, for
alterations or modifications. fn conducting the Study, the Cornmission
shall address the following matters and such other matters as may be
deemed necessarily related:
1. Whether or not the size of City Council should be changed
2. Whether or not the formula for the representation on City
Council of geographical areas of the City should be changed
3. Whether or not the Mayor should be elected by the City
Council or directly by the voters
The Commission shall be composed of people to be selected by the
City Council.
Adopted this Eighth day April, 1985
April 15, 1985
6
Item II-F.2
MINUTES ITEM # 23469
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the necessary Corrections to the City Council MINUTES as
per the following:
ITEM NO. 22523, September 17, 1984 - Approval by Council was
null and void due to improper advertisiilg. This was
actually approved October 22, 1984 - REGENCY APARTMENTS
ASSOCIATES.
ITEM NO. 22702, October 22, 1984 - BIRDNECK APARTMENTS
ASSOCIATES. Listed in Minutes as "APPROVED TSSUANCE OF" --
should read "INVITE AND ENCOURAGE"
ITEM NO. 22745, November 5, 1984 - TERRY/PETERSON ASSOCIATES
II; TERRY/PETERSON ASSOCIATES 1, 195 ASSOCIATES. All listed
in Minutes as "APPROVED ISSUANCE OF" -- should read "INVITE
AND ENCOURAGE".
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Healey, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
April 15, 1985
7
Item 11-G.I.
PRESENTATION ITEM # 23470
Councilwoman Meyera Oberndorf presented a RESOLUTION IN RECOGNITION to:
ODU LADY MONARCHS
This Resolutiou was accepted by Coach Marianne StanleY, Alpheia Jenkins,
and Lisa Blais. Fraak Mack, ODU's Sports/Informatioti Director, was also
in attendance.
This RESOLUTION recognized The LADY MONARCHS, Old Dominion University's
Women's Basketball Team as being NUMBER ONE in the nation, winning
the Suiibelt Championship in Norfolk, Virginia in the NCAA East Regional
Title and the National Collegiate Athletic Association Championship in
Austin, Texas.
April 15, 1985
8
Item II-G.2
PRESENTATION ITEM # 23471
Vice Mayor McClanan presented a RESOLUTION IN RECOGNITION tO:
R. NEIL TANNER
THE GODSPEED
This RESOLUTION Adopted R. Neil Tanner as a son and an official repre-
sentative of the City, acknowledging his courageous service aboard the
ship GODSPEED.
This Resolution was ACCEPTED by John Townley, a fellow crewman of the
GODSPEED, in Neil Tanner's absence.
Mr. James Ricketts of the Department of Economic Development also
accompanied Crewman Townley.
April 15, 1985
9
Item 11-H. I
PROCLAMATION ITEM # 23472
Mayor Heischober PROCLAIMED the week of April 14-20, 1985 as
RESCUE SQUAD WEEK
This PROCLAMATION was read by Councilman McCoy, and accepted by Bruce Edwards,
Director of Emergency Medical Services, and Elsie Benson, Captain of the
Courthouse Volunteer Rescue Squad.
This PROCLAMATION recognized the dedication of the City's rescue squad personnel
as they volunteer their time aiid expertise to serve our Community.
April 15, 1985
- 9a
WHEREAS, the volunteer rescue squads in Virginia Beach are the largest
all volunteer organization among the nations 100 most populous citieb; and
WHEREAS, beginning with the purchase of an ambulance by the Ocean Park
Station in 1947, the citizens of Virginia Beach have received pre-hospital
emergency patient care from the City's eleven volunteer rescue squads; and
WHEREAS, more than 500 volunteer Emergency Medical Technicians, Cardiac
Technicians, and Paramedics dovote their time and talents to answering over
15,000 calls annually for emergency medical assistance in the City of Virginia
Beach; and
WHEREAS, the first officially State chartered rescue squad in Virginia
Beach was the Virginia Beach Borough Rescue Squad at 19th Street and Arctic
Avenue and since that official beginning in 1952, ten other stations have
formed throughout the City; and
WHEREAS, each rescue squad covers a BpeCifically designated ares and
operates almost entirely with funds received through annual fund-raising
campaigns, memorials, and other contributions; and
WHEREAS, 28 emergency units, 7 crash trucks and 5 rescue boats have
channels of communication to area hospitals; and the volunteer rescue squad
personnel.are trained to provide both basic and advanced life support care,
including specialized airway management, administration of medications and
intravenous solutions, cardiac monitoring and defibrillation in cases of
cardiac arrest.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia
Beach, do hereby proclaim the week of April 14-20, 1985 as
RESCLIE SQM WEEK
in Virginia Beach and call upon our citizens to recognize the dedicaton of
our rescue squad personnel as they volunteer their time and expertise to
serve our community.
Given under my hand and seal this fifteenth day of April, nineteen
hundred and eighty-five.
Harol
1985
- 10 -
Item II-H.2
PROCLAMATION ITEM # 23473
Mayor Heischober PROCLAIMED the week of April 29 through May 4, 1985 as
ALL-AMERICAN WEEK
This PROCLAMATION was read by Councilman Louis Jones and accepted by
Commander W. Bushing, Executive Officer at Little Creek Amphibious Base
and Master Chief J. R. Black.
This PROCLAMATION recognized the United States Navy as contributing indirectly
to the tax base of Virginia Beach through its enlisted and civilian personnel
and as contributing greatly to the enrichinent of life, being a valued entity
of Virginia Beach.
April 15, 1985
- 10a
WHEREAS, the United States Navy comprises 7% of the total population
of Virginia Beach; and
WHEREAS, the United States Navy has contributed indirectly to the tax
baBe of Virginia Beach through its enlisted and civilian personnel and
has contributed greatly to the enrichment of life and is a valued entity
of Virginia Beach; and
WHEREAS, the United StateB Navy wishes to acknowledge the varied
nationalities comprising the employment composition of the U. S. Navy and
the total poplace of Virginia Beach with special emphasis on the handicapped.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia
Beach, do hereby proclaim the week of April 29 through May 4, 1985 as
ALL-AMERICAN WEEK
in Virginia Beach and urge our citizens to take proper note of this obser-
vance and its significance to the U. S. Navy.
Given under my hand and seal this fifteenth day of April, nineteen
hundred and eighty-five.
Hirold Heischober
Mayor
April 15, 1985
Item 11-H.3
PROCLAMATION ITEM 23474
Mayor Heischober PROCLAMAINED the week of April 14-20, 1984 as
VICTIMS' RIGHTS WEEK
This PROCLAMATION was read by Councilman Jennings and accepted by
the Commonwealth Attorney Paul Sciortino. Also in attendance were
Okey Townsend, Office Manager; Etta Culpepper, Victim-Witness Co-
ordinator; and,Leslie Brenda, Assistant Victim-Witness Coordinator.
This PROCLAMATION recognized the significance of the need to deal
with the problems of "the forgotten peopl, in the Criminal Justice
System" -- the victims of crime.
April 15, 1985
lla
WHEREAS, at least one in three householdb becomes a victim of crime each
year; and
WHEREAS, the Office of the Commonwealth's Attorney for the City of Virginia
Beach prosecutes the perpetrators of those crimes; and
WHEREAS, recognizing the need for victim and witness assistance in the
City of Virginia Beach, the Office of the Comoonwealth Attorney provides a
Victim-Witness Program to aid these victims and witnesses; and
WHEREAS, through direct aid to victims, information to the public, alerting
legislators and the general public of the problems facing the victims of crime
and the potential solutions to thebe problems, the Victim-Witness Program in
Virginia Beach joinb With other agencies throughout the Commonwealth of Virginia
to better Berve its citizens in these respects.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach,
in an effort to increase public awareness of the toll taken by crime on individual
citizens, do hereby proclaim the week of April 14-20, 1985 as
VICTIMS' RIGHTS WEEK
and urge all Virginia Beach citizens to recognize the significance of the need to
deal with the problems of "the forgotten people in the Criminal Justice Systemll--
the victims of crime.
Given under my hand and seal this fifteenth day of April, nineteen hundred and
eight
Mayor
April 15, 1985
- 12 -
Item li-I.
PLANNING ITEM # 23475
Attorney Grover Wright represented the applicant
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED a RESOLUTION AUTHORIZING CONSENT OF THE CITY OF VIRGINA
BEACH, VIRGINIA, A MUNICIPAL CORPORATION OF THE COMMONWEALTH OF VIRGINIA,
THROUGH ITS GOVERNING BODY, THE CITY COUNCIL, TO THE AMENDMENT OF CERTAIN
RESTRICTIVE COVENANTS AND CONDITLONS.
Said resolution contains the languange to AMEND the Condition previously
imposed on the Change of Zoning of CORPORATE DESIGNS, LTD., APPROVED by
City Council on August 28, 1978.
The following language shall be inserted in paragraph (1), line 10 thereof:
"Except that the setback from 36th Street shall be ten feet
instead of 25 feet in accord with the setback variance granted
by the Board of Zoning Appeals of the City of Virginia Beach,
Virginia."
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
April 15, 1985
12d
CITY OF VIRGINIA BEACH,
a municipal corporation of the
Comwnwealth of Virginia,
TO (RESOLUTION AUTHORIZING CONSENT OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, A 14UNICIPAL OORPORATION OF THE
COMMONWEALTH OF VIRGINIA, THROUGH ITS GOVERNING BODY,
THE CITY COUNCIL, TO THE AMENDMENT OF CERTAIN
RESTRICTIVE COVENANTS AND CONDITIONS
3600 PACIFIC ASSOCIATES,
a Virginia genpral partnership
WHEREAS, an instrument metting forth certain
covenants and restrictions, dated September 30, 1978,
running with a certain parcel known generally as 301 36th
Street, Virginia Beach, Virginia, and legally described as
Parcel Q, Map of Linkhorn Park, Property of Virginia Beach
Development Co., and Adjacent Properties, Dated November,
1916, and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book
5, at page 151, was recorded in said Clerk's Office on
February 19, 1981, in Deed Book 1863, at page 773 and
following; and
WHEREAS, said covenants and restrictions have been
properly heretofore amended pursuant to resolutions of the
City Council of the City of Virginia Beach, Virginia,
recorded in the Clark's office aforesaid; and
WHEREAS, the prosont record owner of the property
affected, that is, the Grantee herein, has requested,
pursuant to law and pursuant to the authority therefor set
forth in the original covenants and restrictions, a further
amendment thereto; and
WHEREAS, propor notice in accord with the
restrictions, as amended, and in accord with law and in
accord with Code of Virginia, Section 15.1-431, has been
held before the Grantor; and
WHEREAS, the amendment met forth hereinafter as
petitioned for by the Grantee is in accord with good zoning
practice and is in accord with a variance granted for same
April 15, 1985
by the Board of Zoning Appeals of the City of Virginia
Beach, Virginia, and in the public interest;
GROVER C. W'RIGHT, JR.
@w, P...
12b
NOW, THEREFORE, BE IT RESOLVED that the City of
Virginia Beach, through its governing@ @y, the City Council
of the City of Virginia Beach, Virginia, after a duly
advertis6d public hearing in accord with Code of Virginia,
Section 15.1-431, and in accord with the procedure therefor
set forth in the said restrictions, as amended heretofore
and as amended hereby, consents to the amendment of those
covenants and restrictions recited hereinabove, as hereto-
fore amended, so as to insert the following language in
paragraph (1) in line 10 thereof: "Except that the setback
from 36th Street shall be 10 feet instead of 25 feet in
accord with the setback variance granted by the Board of
Zoning Appeals of the City of Virginia Beach, Virginia."
BE IT FURTHER RESOLVED that a certified copy of
this resolution shall be recorded at the expense of the
Grantee in the Clerk's office of the Circuit Court of the
City of Virginia Beach, Virginia, and indexed in the name of
both the Grantor and Grantee, provided prior thereto the
Grantee shall execute such copy of this resolution in the
space provided hereinbelow as record owner; whereupon, upon
recordation of a cortifi*d copy hereof, executed by the
Grantee at the record ownor of the subject property,
consented to by the City, as evidenced by this resolution,
the covenants and rest3eictions as heretofore amended shall
be thereby amended an set forth horsinabove with no separate
instrument of amendment being required.
ADOPTED by tho City Council of the City of
Virginia Beach, Virginia, on the 15 day of April, 1985.
Certified to be a true excerpt from the minutes of
the Council of the City of Virginia Beach, Virginia, the
day of 1985.
Ruth Hodges Smith,.City Clerk
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit: April 15, 1985
The foregoing instrument was e"cuted by 3600
Pacific Associates, a Virginia general partnership, as the
12c
record owner of the @ject property through its duly
authorized general partners, Thomas J. Lyons, Jr., and B.
Bruce Taylor, and D. L. McKnight, who after being by me
first duly sworn, signed and acknowledged the foregoing
instrument as the act of 3600 Pacific Associates, pursuant
to due authority of all of its general partners.
3600 PACIFIC ASSOCIATES
By (SEAL)
Thomas J. Lyons, Jr.
General Partner
And by (SEAL)
S. Bruce Taylor
General Partner
And by (SEAL)
D. L. McKnight
General Partner
Given under my hand this day of April,
1985.
Notary Public, State of
Virginia at Large
my commission expires
VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE
CITY OF VIRGINIA BEACH THIS DAY OF , 1985,
AT THIS INSTR AS RECEIVE UPON THE
CERTIFICATE OF DGMENT THERETO EXECUTED, ADMITTED TO
RECORD. The tax imposed by Paragraph 58-54.1 of the Code of
Virginia has been paid in the amount of $
TESTE:
J. Curtis Fruit, Clerk
By D.C.
April 15, 1985
- 13 -
Item 11-J.1
PLANNING ITEM # 23476
Attorney Grover Wright represented the applicant
Upon motion by Vice Mayor McClanan, secoiided by Councilman McCoy, City
Council GRANTED AN EXTENSION OF TIME for compliance for the closure of a
portion of PAINTER'S LANE in the petitioii of LAKESIDE CONSTRUCTION CORPO-
RATION.
City Council GRANTED an EXTENSION of time for compliance of six (6) months
from May 19, 1985.
Application of Lakeside Construction Corporation for the
discontinuance, closure, and abandonment of a portion of
Painter's Lane beginning at a point 100 feet more or less
north of Sandbridge Road and running in a northeasterly
direction to the southern boundary of Proposed Ferrell
Parkway. Said parcel contians 3.672 acres. PRINCESS
ANNE BOROUGH
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absetit:
None
- 14 -
Item II-J.2 ITEM # 23477
PLANNNING
Jack Helfant, of Relfant Housing Systems, represented the applicant
Susie Darden Whitehurst, Seatack Civic League, registered in favor of the
application but yielded to Council's Motion.
Upon motion by Councilman Jennings, seconded by Couiicilman Fentress, City
Council APPROVED the application of STELLA JACKSON for a Variance to Section
4.4 (b) of the Subdivision Ordinance. (SEATACK TARGET AREA)
Appeal from Decisions of Administrative Officers in re-
gard to certain elements of the Subdivision Ordinance,
Subdivision for Stella Jackson. Parcel located on the
east side of Gregory Lane, 600 feet more or less south
of Owl's Creek Lane. Plats with more detailed in-
formation are available in the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
Louis R. Jones
April 15, 1985
- 15 -
Item II-J.3
PLANNING ITEM # 23478
Robert Arnold, the applicant, represented himself
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of ROBERT ARNOLD for
a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF ROBERT ARNOLD FOR A CON-
DITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING
R0485736
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA@
Ordinauce upon application of Robert Arnold for a Con-
ditional Use Permit for a single family dwelling in the
AG-1 Agricultural District on certain property located
600 feet north of Flanagan's Lane on Lot 33, Parcel A,
Lotus Garden Farms. Said parcel contains 10.46 acres.
PRINCESS ANNE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of Aprii, Nineteen hundred and Eighty-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Joiies, Vice Mayor Reba S. McClauan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
April 15, 1985
- 16 -
Item II-.J.4
PLANNING ITEM # 23479
Kenna R. Bush, the applicant, represented himself
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon applicatioii of KENNA R. AND JUANITA
M. BUSH for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF KENNA R. AND JUANITA M. BUSH
FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BEAUTY
SHOP) R0485737
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Kenna R. and Juanita M. Bush for
a Conditional Use Permit for a home occupation (beauty shop)
on Lot 29, Block E, Section 1, Cardinal Estates. Said parcel
is located at 1329 Canary Drive and contains 10,729 square
feet. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Approval is for a period of two (2) years.
2. No more than one (1) customer at a time.
3. No operation shall be allowed past 8:00 p.m.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, an the
Fifteenth day of April, Nineteen Hundred and Eighty-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Couiicil Members Voting Nay:
None
Council Members Abseiit;
Louis R. Jones
April 15, 1985
- 17 -
Item II-J.5
PLANNING ITE4 # 23480
Attorney Robert Cromwell represented the applicant
The City Clerk referenced letter of April 4, 1985, from Vice Mayor Reba S.
McClanan requesting a Condition to be imposed upon of MELVIN 0. and RUBY
H. DOZIER be: "All work shall be done oD the interior".
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon applicatiod of MELVIN 0. AND RUBY H. DOZIER
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF MELVTN 0. AND RUBY H. DOZIER FOR
A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR FACILLTY
R0485738
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Melvin 0. and Ruby H. Dozier
for a Conditional Use Permit for an auto repair facility
on certain property located at the northeast corner of
South Plaza Trail and Continental Street. Said parcel is
located at 184 South Plaza Trail and contains 1.277 acres.
Plats with more detailed information are available in the
Department of Planning.
The following conditions shall be required:
1. All repair work shall be performed inside.
2. Storage of repair vehicles shall be inside the building.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of April, Nineteen Hundred and Eighty-five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Jones, Vice Mayor Reba S. Mcclanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
April 15, 1985
- 18 -
Item 11-1.6
PLANNING ITEM # 23481
Attorney Robert Cromwell represented the applicant
Upon motioil by Councilman Louis Jones, secoiided by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of OCEAN BAY ASSOCIATES for
a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF OCEAN BAY ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO A-2
Z0485969
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Ocean Bay Associates for a Change
of Zoning District Classification from R-5 Resideatial Dis-
trict to A-2 Apartment District on Lot 20, Chesapeake Beach.
Said parcel is located at 2345 Pleasure House Road and con-
tains I acre. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of April, Nineteeii Hundred and Eighty-five.
Voting: 11-0
Couacil Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
April 15, 1985
This Item was moved forward on the PLANNING AGENDA as Councilman Louis Jones
had to leave the Council Meeting early.
- 19 -
Item II-j..7
PLANNING ITEM # 23482
Attorney Grover Wright represented the applicaiit
G. T. White, resident of Courthouse Forest, representing self and three
other families, spoke iD opposition
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City
Council DEFERRED for one week until the City Council Meeting of April 22, 1985,
an Ordinance upon application of FLOYD E. KELLAM, JR., AND ANNIE B. KELLAM,
TRUSTEES of TRUST B UNDER THE WILL OF FLOYD E. KELLAM for a Change of
Zoning. This application is DEFERRED for the purpose of addressing concerns
relative reasonable hours of operation, low ground lighting, the possibility of
eliminating the drive-thru, similar signage to the Burger King located in the
industrial area of Lynnhaven Parkway, and the possibility of extending the
privacy fence, not only along the rear property line, but the sides as well,
in order to eliminate people from walking through subdivisions surrounding this
property. As same is located in the Historical District, it must conform and
be subject to review by the Historical Review Board.
ORDINANCE UPON APPLICATION OF FLOYD E. KELLAM, JR.
AND ANNIE B. KELLAM, TRUSTEES OF TRUST B UNDER THE
WILL OF FLOYD E. KELLAM FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Ordinance upon application of Floyd E. Kellam, Jr., and
Annie B. Kellam, Trustees of Trust B under the Will of
Floyd E. Kellam, for a Change of Zoning District Classi-
fication- from AG-2 Agricultural District to B-2 Community
Business District on certain property located on the
north side of Princess Anne Road, 700 feet west of North
Landing Road. Said parcel contains 38,376 square feet.
Plats with more detailed information are available in
the Department of Plazining. PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Couiicil Members Absent:
Louis R. Jones April 15, 1985
- 20 -
Item II-J.8
PLANNING ITEM # 23483
Attorney Thomas Padrick represented the applicant
The following also registered in favor of the application, but yielded to
council's Motion:
Mary Ellen Cox, President of Marian Manor, Inc.
Elizabeth McClane, Mayor's Committee on Agiiig
Upon motioil by Councilman Louis Jones, seconded by Councilwoman Oberndorf,
City Council ADOPTED Ordinances upon application of CATHOLIC DIOCESE
OF RICIR40ND, c/o MARIAN MANOR, INC., for a Change of Zoning; and,
MAR@ MANOR, INC. for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF CATHOLIC DIOCESE OF
RICMIOND, C/0 MARIAN MANOR, INC., A VIRGINIA NON-
PROFlT CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 1-1 TO 0-1 Z0485970
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Catholic Diocese of
Richmond, c/o Marian Marior, Iiic., a Virginia Non-
Profit Corporation for a Change of Zoning District
Classification from 1-1 Light Industrial District
to 0-1 Office District on certain property located
1500 feet south of Virginia Beach Boulevard, 420
feet more or less west of clearfield Avenue. Said
parcel is located at 5345 Virginia Beach Boulevard
and coatains 15,377 square feet. Plats with more
detailed iniormation are available in the Department
of Planning. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF MARIAN MANOR, 1NC., A
VIRGINIA NON-PROFIT CORPORATION, FOR A CONDITIONAL
USE PERMIT FOR HOUSING FOR THE ELDERLY R0485739
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Marian Manor, Inc., a Virginia
Non-Profit Corporation, for a Conditional Use Permit for
housing for the elderly on certain property located 1250
feet south of Virginia Beach Boulevard, 350 feet more or
less west of Clearfield Avenue. Said parcel is located
at 5345 Virginia Beach Boulevard and contains 1.82 acres.
Plats with more detailed information are available in the
Departmeiit of Planning. BAYSIDE BOROUGH.
The followi@ig Conditions shall be required:
1. Adequate permanent paved access to a public right-of-way.
2. Aii automatic sprinkler system and an automatic fire alarm
system meeting the approval of the City Fire Protection
Engineer.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifteenth day of April, Nineteen Hundred and Eighty-five. April 15, 1985
- 21 -
Item 11-I.8
PLANNING ITEM # 23483 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Couacil Members Absent:
None
April 15, 1985
This item was moved forward on the PLANNING AGENDA as Councilman Louis Jones
had to levae the Council Meeting early.
- 22 -
Item II-J.9.
PLANNING ITEM # 23484
Attorney Grover Wright represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman FeDtress, City
Council DEFERRED for one week until the City Council meeting of April
22, 1985, an Ordinance upon application of GEORGE F. DARDEN, JR., for a
Change of Zoning. This application was DEFERRED to enable Vice Mayor
McClanan, who was absent during the discussion of said application on the
previous Council Meeting of April 8, 1985, to study same.
ORDINANCE UPON APPLICATION OF GEORGE F. DARDEN, JR.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO A-2
Ordinance upon application of George F. Darden, Jr.,
for a Change of Zoning District Classification from
B-2 Community-Business District to A-2 Apartment
District on certain property located on the north
side of First Colonial Road, 470 feet more or less
east of North Great Neck Road. Said parcel contains
10.961 acres. Plats with more detailed information
are available in the Department of Planning. LYNNHAVEN
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None April 15, 1985
- 23 -
Item II-J.10.
PLANNING ITEM # 23485
Attorney Alan Gordon represented the applicant and presented a "STATEMENT OF
OWNERSHIP AND CONSENT TO REZONING" signed by the owner of parcels concerned,
Genevieve G. Dowas (said statement is hereby made a part of the proceedings).
Attorney Donald H. Clark, representing Bonney Road Hotel Associates, developing
a Howard Johnson Motel on property adjacent to the applicant, spoke in
opposition, and distributed photographs of THALIA USED AUTO PARTS.
John Vaughan, property owner on Bonney Road, spoke in opposition
The City Clerk referenced telephone call from Edith Judge Rout, a property owner,
in favor of said application.
Upon motion by Councilman McCoy, secooded by by Councilwoman Oberndorf, City
Cuncil DENIED Ordnances upon application of THALIA USED AUTO PARKS OF VIRGINIA
INC. for Changes of Zonirig and a Coiiditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF THALIA USED AUTO PARTS
OF VIRGINIA, 1NC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-1 TO B-2
Ordinance upon application of Thalia Used Auto Parts of
Virginia, Inc., for a Change of Zoning District Classi-
fication from 0-1 Office District to B-2 Community-
Business District on certain property located on the
south side of Bonney Road, 531 feet west of Bendix Road.
Said parcel contains 1.43 acres. Plats with more de-
tailed information are available in the Depatmeiit of
Planning. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF THALIA USED AUTO PARTS OF
VIRGINIA, INC., FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM 0-1 TO 1-2
Ordinance upon application of Thalia Used Auto Parts of
Virginia, Inc., for a Change of Zoning District Classi-
fication from 0-1 Of i@ce District to I-2 Heavy Industrial
District on certain property located on the south side of
Bonney Road, 366.31 feet west of Bendix Road. Said parcel
contains 30,928 square feet. Plats with more detailed in-
formation are available in the Department of Planning.
KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICAT10N OF THALIA USED AUTO PARTS OF
VIRGINIA, INC., FOR A CONDITIONAL USE PERMIT FOR AN AUTO
SALVAGE YARD
Ordinance upon application of Thalia Used Auto Parts of Virginia,
Inc., for a Conditional Use Permit for an auto salvage yard on
certain property located on the south side of Banney Road, 366.31
feet west of Bendix Road. Said parcel contains 2.31 acres. Plats
with more detailed information are available in the Department
of Planning. KEMPSVILLE BOROUGH.
April 15, 1985
- 24 -
Item II-J.10
PLANNING ITEM # 23485 (Continued)
Voting: 10-0
Council 14embers Votiag Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor
Harold Heischober, Barbara M. Henley, H. Jack Jetinings, Jr.,
Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
April 15, 1985