JANUARY 28, 1985 MINUTES
"WORLD'S LARGEST RESORT CITY"
C= COUNCIL
MAYOR HAROLD MSCHOBER, At Um.
VICE-MAYOR RERA S M@CLANAN. A- B-gh
JOHN A. SAUM, Di.@- B-ph
NANCY A. CREECE. A, @
ROMTE. F@SS, V@ B.-h B-gh
@AA M. @Y. @. B-gh
H. JACK @INGS, JR.. L@-- @gh
LOUIS R. JONES. D.Y@ B-gh
ROBEfir G. JONES. A, L.,g,
J. HEIVRYMCCOY, JR., K-F.@ B-gh
MEYERA E. OBERNDORP. At L-9- 281 CnY MALL BUILDING
MUIVICIPAL C@
RUTII HODGES Smnw, CMC, City Mk CITY COUNCIL AGENDA VLR(;INIA BEACH, VIRCNIA LUM-OM
18041427.4m
January 28, 1985
Virginia Beach City Council
ITEM r. MEETING or vxRGxXrA BEACH crty couNCrL - Conference Room - 6:00 PM
A. CALL TO oRDira - mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. NOTION TO RECOSS INTO EXECUTIVE SESSION
ITEM Xi. REGULAR SESSXON OF VIRGXNXA BEACH CXTY COUNCXL - Council chambers - 7 PM
A. XKVOCATXON: Reverend Leon F. Wardell
Calvary Presbyter@ Chuz'ch
B. PLEDGE Oir ALLEGXANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CXTY COUNCXL
D. CRTY MMAGER'S ADNrNISTRATrVE RTEMS
1. Review of
E. MYORICoumcxr, - DISCUSSION OF PERTINENT HATTERS
ITEM ii. F. xrsurzs
1. Motion to acceptlapprove the minutes of the Regular Session
of January 21, 1985.
2. Notion to acceptlapprove the Minutes of the Recessed Session
of 7anuary 23, 1985.
3. Notion to acceptlapprove the Minutes of the Special Session
of January 23, 1985.
C. PRESENTARZONIPROCLMUTXON
1. Promotional Tape by WHRO Entitled 'Virginia Bear-h ... An Old
Place, A New City" by Xr. Tohn R. Morrison
2. J@or League of Morfolk - Virglnia Beacb Month - February
H. PUBLXC HEARXNG: Joint City Council & Citizens Advisory committee
1. Eleventh Program rear Application
2. Housing Assistance Plan
X. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Wythe Lane in the petition of Ricbard F. Welton, XV,
Margaret Day Weltozi, James L. Devan and Patricia H. Devan
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of Pembroke Headovs Associates for a change of
zoning from R-6 Residential District to B-2 Communit!;-
Business District on a 29,621-square foot parcel located on
the west side of independence Boulevard, south of Pembroke
Lake C.Ircle (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of William P. and Sarah C. McGee for a change of
zoning 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 Planning commission
for approval.
4. Applications of Bel-Aire, Inc. for changes of zoning on an
undeveloped site located along the east side of Oceana
Boulevard, north of Dam Neck Road (Princess Anne Borough):
From A-1 Apartment District to B-2 Community-Business
District on a 9.09-acre parcel;
AND,
1. PLANNING (continued)
From AG-2 Agricultural District to B-2 Community-Business
District on a 5.6-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Marie A. Reese for a conditional use permit
for a nursery school on a 14.58-acre parcel located at the
northwest corner of @andbridge Road and Banks Lane (Princess
Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of the Upper Room Chapel for a conditional use
permit for a church on a 3.571-acre parcel located on the
east side of North Landstown Road, south of Holland Road
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of John C. and Mary M. Vogel for a conditional
use permit for an addition to an existing boarding kennel on
an 11.461-acre parcel located on the north side of London
Bridge Road, west of Oceana Boulevard (Princess Anne
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Hop-Xn Food Stores, Inc. for a conditional
use permit for a gasoline service station in conjunction
with a conveni .ence store on a 26,572-square foot parcel
located at the noriheast corner of Shore Drive and Roanoke
Avenue (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of Hickory Corporation for a change of zoning
from AG-2 Agricultural District to R-8 Residential District
on a 14.217-acre parcel located on the north side of Old Dam
Neck Road, west of Dwyer Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
10. Applications of Belita A. Tugbang, Angelita A. Lim and Delia
A. Rodriquez on a four-acre parcel located at the southeast
corner of Shore Drive and Jack Frost Road (Bayside Borough):
A change of zoning from R-3 Residential District to R-4
Re i@dential District;
AND,
ITEM II. I. PLANNING (continued)
a conditional use permit for a home for the elderly.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
11. Application of Jerry P. McDonnell for a change of zoning
from R-8 Residential District to B-4 Resort Commercial
District on a 7.2376-acre parcel located along the west side
of Holly Road, south of Laskin Road (Virginia Beach
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
12. Ordinance to amend and reordain Section 4.1(m) of the
Subdivision ordinance pertaining to street right-of-way
widths.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
13. ordinance to amend the Master Street and Highway Plan dated
December 16, 1974 (Elbow Road).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
J. CONSENT AGENDA
All matters listed 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 separately.
1. Ordinance, on FIRST READING, to amend and reordain
Article 11, Sections 18-46, 18-47(a), 18-48(a) and (b),
18-52(a), 18-53(a)(c)(d) and (e), 18-54(a), 18-55(a),
18-56(b)(c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-
73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a)
and (b), 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a),
18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e),
18-92(a), 18-99(a), 18-100(a) a-nd (b), 18-100.1(a) and
(b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a),
18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-
114(a), and 18-116 of the Code of the City of Virginia
Beach pertaining to the license tax schedule.
(This item was deferred until today from January 21,
1985.)
2. Ordinance, on FXRST READING, to accept and appropriate
grants totaling $23,500 from the Virginia Division of
Motor Vehicles.
3. Ordinance, on SECOND READXNG, to appropriate funds of
$1,728,740 to the Capital Project Fund for various
capital projects (CIP).
ITEM IT. J. CONSENT AGENDA (continued)
4. Ordinance to authorize a temporary encroachment into a
portion of the City property adjacent to Lake Bradford to
Harold A. roung, his heirs, assigns and successors in
title.
(This item was deferred indefinitely on December 3,
1984.)
.5. Ord,nance to authorize a temporary encroachment into a
portion of certain City property surrounding Lake
Bradford, to NM Contracting,, Xnc., its assigns and
successors in title.
6. Raffle Permit: Green Run Little Leayue Auxiliary
K. UNFZNXSHZD BUSXNESS
1. Documentation as requested by City Council on January 14,
1985, concerning David X. and Gale M. Levine applications
for changes of zoning and a conditional use permit.
(This item was deferred until today on January 14, 1985.)
L. NSW BUSXNBSS
M- RECESS FOR COUNCRZ A.PPOXSfBg EVALUATZON
M. ADJOVRNMZNF
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 28, 1985
The Regular Meeting of the Co,,ncil ,f the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, January 28, 1985, at 6:00 in the evening.
Council Members Present:
John A Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
Councilman McCoy enterd the EXECUTIVE SESSION at 6:08 p.m.
January 28, 1985
- 2 -
ITEM # 23116
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, to be followed by the REGULAR MEETING.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or
of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by
such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual
or potential litigation or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman Baum, s .... ded by Councilman Jennings, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the
REGULAR SESSION.
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 G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 28, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 28, 1985
7:00 p.m.
Mayor Harold Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, January 28,
1985, at Seven O'Clock in the evening.
Council Members Present:
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 Absent:
None
INVOCATION: Reverend Leon F. Wardell
Pastor
Calvary Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
(Mayor Harold Heischober recognized the presence in the audience of Mrs. Leon F.
Wardell.)
January 28, 1985
4
Item II-F.1.2.3.
MINUTES ITEM 23117
Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City
Council APPROVED the MINUTES of the following:
REGULAR SESSION of January 21, 1985
RECESSED SESSION of January 23, 1985 (1:00 p.m.)
SPECIAL SESSION of January 23, 1985 (1:30 p.m.)
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
January 28, 1985
5
Item II-G. I
PRESENTATION ITEM 23118
John Morrison, President and General Manager of WHRO-TV, presented City Council
with copies of a visual essay entitled:"VIRGINIA BEACH ... AN OLD PLACE, A NEW
CITY". This visual essay showcased some of the dynamics, excitement and success
of this City across the State to the citizens of the Commonwealth.
This PRESENTATION @as in recognition of an Ordinance ADOPTED by City Council
on August 27, 1984, to Transfer Funds of $20,000 from the General Fund Reserve
for Contingencies as a grant to WHRO-TV for the telecast of the VIRGINIA
SYMPHONY CONCERT on October 18, 1984.
January 28, 1985
6
Item II-G.2
PROCLAMATION ITEM 23119
Mayor Heischober PROCLAIMED the month of February 1985 as
JUNIOR LEAGUE OF NORPOLK-VIRGINIA BEACH MONTH
This PROCLAMATION recognized the Junior League of Norfolk-Virginia Beach,Inc.,
on its Sixtieth Anniversary as an educational and charitable organization whose
purpose is to promote voluntarism; to develop the potential of its members
for voluntary participation in community affairs; and,to demonstrate the
effectiveness of trained volunteers.
This PROCLAMATION was accepted by Martha Goodman, President of the Junior League
of Norfolk-Virginia Beach, Inc.
January 28, 1985
- 6a -
rartamati a an
WHEREAS, the Junior League of Norfolk-Virginia Beach, Inc., has served
Tidewater since 1925 as an educational and charitable organization; and
WHEREAS, the purpose of the Junior League is to promote voluntarism;
to develop the potential of its members for voluntary participation in com-
munity affairs; and to demonstrate the effectiveness of trained volunteers;
and
WHEREAS, the Junior League has given approximately 2,400,000 volunteer
hours to the community and has given $350,000 in direct financial aid to
the community, raised through community projects; and
WHEREAS, the Junior League has contributed either money, volunteers or
both to the following: Virginia Beach Museum of Marine Sciences, Virginia
Beach Arts Center, the Virginia Beach Court Docent Program, the Virginia
Beach Public Library, and a long list of other worthwhile causes.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virgihia
Beach do hereby proclaim the month of February 1985 as
JUNIOR LEAGUE OF NORFOLK-VIRGINIA BEACH MONTH
and commend this organization on the occasion of its 60th Anniversary of
service to our community.
Given under my hand and seal this
Twenty-eighth Day of January,
Nineteen Hundred and Eighty-five.
d Hels-chober
Mayor
January 28, 1985
7
Item II-R. I
PUBLIC HEARING ITEM 23120
Mayor Heischober DECLARED a PUBLIC HEARING on the following:
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITY OF VIRGINIA BEACH
1. Eleventh Program Year Application
11. Housing Assistance Plan (HAP)
The following spoke in favor of the PROGRAM:
John R. Perry, Chairman of the Citizens Advisory Committee
Sheridan Barber, President of the Virginia Beach Coalition
(composed of Civic Leagues in the Courthouse/Sandbridge
area).
Irv A. Douglas, President of the Council of Civic Organizations
There being no further speakers, Mayor Heischober closed the PUBLIC HEARING.
January 28, 1985
7a
Co DEVEL4)PMENT
ilwm G"M PROGRAM
Off VMGMU REACH
KWC G
TIME: 7:ODP.M-
PLACE. CitY Cm" @but, tlon
9@
SecondMM,Muwdpal
vitswa
PURPOSA: Tbe CIty COUDCH and the Community
t Cidm Ad@ Committee
winktobw@ufrmindi@
ci*". dvic @es wW other groups and
om on the fonowing topics:
1. @tbpwmynr on
'Me (3ty of V@ ft", through Its EWenth Prop-'
Year. app@tion, wW &Wy for appro@te[Y S2.3 minion
do@ in f@ to imp@t community devdop-
ment @vitko.
gim at . =t public h@. th.
On the bad4 o
fouowias wdvities m @ for fi-ndin-:
Burton Stadon, Watu/Sma/Stmu -
(kwKown, Phm I - Constmction
N@o Farm Strecu - Acquisition
rtac k? IPYZI IWAI=9 r,@S ition
Honwhadr4
iwocgdoa
Lam Resort ]Kowft
Funds @ed dudn the FWW Year IM-1984 wen In the
of @ &Wth -t-/wwcr/strecu. GruKown
Fam streou, Scot-ck strwu Phase IIA,
119, %"k strwu 111. Seatack streets IV,
MM Dam w&Wlmwl@. Relocadon. Last Resort
H@. @NO on.
The objedives of neighborhood rwhalization, com-
munitywido b@ and urpm or ve program for
low and mo4amte pemns wom either met In some
areas or plm wese In tbe implementation uw. M omce
has addroued two (2) of the three (3) broad nadonal objec-
tives which wev &Wsdng low and m inconie penons
and bfight and dums.
Ii. Housh4 Pim (HAP)
Ite City Coundl propout to addreu the housing needs of
low and moderate incoine by u@ federal
protro- for rendus @ting housins and rehabilitatint sub-
standard housing. A, ngw HAP wW be developed in October,
1"5.
If you cannot attend this headng, pican subniit your coin-
menu to Ma. Malistia Let, Information SpccWkt. Dept. of
Housb4 me Cmnmunity Development.
Copies of the reronunendations for the CDW Eleventh
Program YeRr application are ikvagable from 9:00 A.M. to
5:00 P.M. at the Depanment of Housing and Community
Denlopment, 3080 Brickhouse Court, Virginia Beach,
Virginia 23452.463-951 1.
143-131ti-16VB
January 28, 1985
8
Item II-I.I.
PLANNING ITEM 23121
Attorney Glenn Croshaw represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City Council
APPROVED, subject to final approval in 180 days, an Ordinance for the discon-
tinuance, closure and abandonment of a portion of Wythe Lane in the petition of
RICHARD F. WELTON, IV, MARGARET DAY WELTON, JAMES L. BEVAN AND PATRICIA H.
BEVAN as per the following:
Application of Richard F. Weiton, IV, Margaret Day Welton,
James L. Bevan and Patricia H. Bevan for the discontinuance,
closure and abandonment of a portion of Wythe Lane beginning
at the northern boundary of Windsor Road and running in a
northerly direction a distance of 217.12 feet. Said parcel
contains 6,386 square feet. LYNNHANVEN BOROUGH.
The following conditions shall be required:
1. The title to this parcel is to be resolved to the
satisfaction of the City Attorney.
2. Utility easements as required by the City staff.
3. Resubdivision of the property to incorporate the
closed area into adjoining parcels and to avoid
the creation of a nonconforming lot.
4. The closure of this right-of-way shall be con-
tingent upon compliance with the above stated
conditions within 180 days of the approval
by City Council.
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
January 28, 1985
- 8a -
ORDINANCE NO.
AN ORDINAITCE CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET 30 FEET WIDE
KNOWN AS WYTHE LANE
LOCATED IN LYNNHAVEN BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Richard F. Welton, TV and Margaret
Day Welton, husband and wife and James L. Bevan and Patricia H. Bevan,
husband and wife would make application to the City Council of the City
of Virginia Beach, Virginia, to have the hereinafter described portion
of that certain undeveloped street, 30 feet wide, known as Wythe Lane
closed, vacated and discontinued was duly advertised; and
WHEREAS, the Petitioners as owning the contiguous parcels to
said street, which is effected by its closure, have requested that said
street be closed; and
WHEREAS, Application was made to the City Planning Commission
and to the City Council, and, pursuant to the statutes in such cases
made and provided, the Council appointed viewers who have reported to
the Council that no inconvenience to the public or to the private indi-
viduals would result from such closings, vacating and discontinance;
and
WHEREAS, it is the judgment of the Council that the said
streets should be closed, vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1: That the said undeveloped street 30 feet wide known
as Wythe Lane described below, located in the Lynnhaven Borough in the
City of Virginia Beach, Virginia, is hereby closed, vacated and discon-
tinued, said street not being needed for public use:
-1-
January 28, 1985
- 8b
All that certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach,
Virginia and being a portion of that certain undeve-
loped street known as "Wythe Lane" (30 ft.). being
more particularly bounded and described as follows:
Commencing at a point 70.00 ft. west of the intersec-
tion of the southwest corner of Lot 169, the
southeast corner of Lot 168 and the northerly right-
of-way of Windsor Road all as shown on that plat
entitled "North Linkhorn Park" (Map Book 7, Page
144), thence turning and running along a curve to the
right having a radius of 30.00 ft. a distance of
47.12 ft., thence running N 13010100" E, a distance
of 170.00 ft. to the northwest intersection of Lot
168 and the southwest intersection of Lot 232 of
"North Linkhorn Park Extended" (Map Book 8, Page 50),
thence proceeding N 76@5010011 W a distance of 30.00
ft. to the southeast intersection of Lot 242 of
"North Linkhorn Park Extended" (Map Book 8, Page 50)
and the northeast intersection of Lot 136 of "North
Linkhorn Park" (Map Book 7, Page 144), thence pro-
ceeding S 1301010011 W a distance of 170.00 ft. to a
point, thence proceeding on a curve to the right
having a radius of 30.00 ft. a distance of 47.12 ft.
to the intersection of the northerly right-of-way of
Windsor Road and the southeast corner of Lot 136 and
thence proceeding S 7605010011 E a distance of 90.00
ft. to the point of beginning. Said parcel contains
0.1466 acres and is more fully described by reference
to that plat entitled "Plat Showing Portion of Wythe
Lane to be closed as shown on Subdivision of North
Linkhorn Park, Virginia Beach, Virginia", Scale: 111
= 40 ft., December 7, 1983, Hassell & Folkes, P.C.,
Surveyors & Engineers, Portsmouth, Virginia.
Section 2: A copy of this Ordinance, certified by the Clerk,
be spread upon the public records in the Clerk's Office in the Circuit
Court in the City of Virginia Beach, Virginia and indexed in the name of
the City of Virginia Beach as Grantor.
Section 3: This Ordinance shall be effective thirty (30) days
from date of its adoption.
1.1.4.C
-2-
January 28, 1985
- 8c -
PICKETT, LYLE, SIEGEL, DRESCHER & CROSHAW
ATTORNEYS AT LAW
OWE@ 5. @.CKETT
@O.@@ L. LYIE, I.. 101 NORTH LYNNHAVEN ROAD AIL TO
L.WRE.CE R.SIEGEL VIRGINI. BEAC.,VIRGINIA 23452 POST OIFICE BOX 2127
JO.N W.DRESCHER
GLE.. RA..ALL CRO@.- @IRG'..A BEACH,IA 2@52-2.21
RICIA.0 C. E@L.
E.-A. TELE@.ONE
.ARK S.S.IT@ 3.. - 001,
10@ATI.N L.HAUSER
D-1 . .. REDA
D-.. A..ILLER,IR.
.-NE G. SO.ZA
I..E. C@LE.I.
SCOTT C..ILLI..S
CERTIFICATE OF VESTING OF TITLE
1, David A. Miller, Jr., attorney for Richard F. Welton, IV and
Margaret Day Welton, husband and wife and James L. Bevan and Patricia H.
Bevan, husband and wife, do hereby certify that:
am an attorney at law and represent Richard F. Welton, IV
and Margaret Day Welton, husband and wife, and James L. Bevan and
Patricia H. Bevan, husband and wife, the Petitioners.
2. If the property described below is discontinuted, closed
and vacated by the Council of the City of Virginia Beach, Virginia, then
title to said property will vest in Richard F. Welton, IV and Margaret
Day Welton, husband and wife and James L. Bevan and Patricia H. Bevan,
husband and wife, the holders of the underlying fee in said property.
3. The said property referred to herein is hereby described as
follows:
All that certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach,
Virginia and being a portion of that certain undeve-
loped street known as "Wythe Lane" (30 ft.), being
more particularly bounded and described as follows:
Commencing at a point 70.00 ft. west of the intersec-
tion of the southwest corner of Lot 169, the
southeast corner of Lot 168 and the northerly right-
of-way of Windsor Road all as shown on that plat
entitled "North Linkhorn Park" (Map Book 7, Page
144), thence turning and running along a curve to the
right having a radius of 30.00 ft. a distance of
47-12 ft., thence running N 1301010011 E, a distance
of 170.00 ft. to the north"st intersection of Lot
168 and the southwest intersection of Lot 232 of
"North Linkhorn Park Extended" (Map Book 8, Page 50),
thence proceeding N 7605010011 W a distance of 30.00
ft- to the southeast intersection of Lot 242 of
January 28, 1985
8d -
PICKETT, LYLE, SIEGEL. DRESCHER & CROSHAW
"North Linkhorn Park Extended" (Map Book 8. Page 50)
and the northeast intersection of Lot 136 of "North
Linkhorn Park" (Map Book 7, Page 144), thence pro-
ceeding S 13110100" W a distance of 170.00 ft. to a
point, thence proceeding on a curve to the right
having a radius of 30.00 ft. a distance of 47.12 ft.
to the intersection of the northerly right-of-way of
Windsor Road and the southeast corner of Lot 136 and
thence proceeding S 7605010011 E a distance of 90.00
ft. to the point of begin@ng. Said parcel contains
0.1466 acres and is more fuuy described by reference
to that plat entitled "Plat Showing Portion of Wythe
Lane to be closed as shown on Subdivision of North
Linkhorn Park, Virginia Beach, Virginia", Scale: 111
= 40 ft., December 7, 1983, Hassell & Folkes, P.C.,
Surveyors & Engineers, Portsmouth, VirLririia.
.(D 4 -
David A. Miller, Jr. I
1.1.3.C
-2-
January 28, 1985
9
Item II-I. 2
PLANNING ITEM 23122
William L. Toner, Vice President of Development for Pembroke Enterprises,
represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of PFZBROKE MEADOWS ASSOCIATES
for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF PEMBROKE MEADOWS ASSO-
CIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-6 to B-2 Z0185940
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGLNIA:
Ordinance upon application of Pembroke Meadows Asso-
ciates for a Change of Zoning District Classification
from R-6 Residential District to B-2 Community Dis-
trict on certain property located at the west side
of Independence Boulevard, 100 feet more or less south
of Pembroke Lake Circle. Said parcel is shown as a
portion of Parcel 4, Pembroke Lake Center on plats
on file in the Department of Planning and contains
29,621 square feet. 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
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
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
January 28, 1985
10 -
Item II-I.3
PLANNING ITEM 23123
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of WILLIAM P. AND SARAH C.
McGEE for a Change of Zoning as per the following
ORDINANCE UPON APPLICATION OF WILLIAM P. AND SARAH
C. McGEE FOR A CHANGE OF ZONING DISTRICT CLASS1-
FICATION FROM R-5 TO A-2 Z0185941
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of William P. and Sarah
C. McGee, for a Change of Zoning District Classi-
fication from R-5 Residential District to A-2
Apartment District on certain property located
on the west side of Pleasure House Road ' 170 feet
more or less south of Brigadoon Drive on L.t 19,
Chesapeake Beach. Said parcel is located at 2349
Pleasure House Road and contains 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
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
Voting: 10-1
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, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf.
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
January 28, 1985
Item II-I.4
PLANNING ITEM 23124
Dick Browner, represented the applicant
Glenn Tainter, President of the Red Mill Farm Civic Association and also
representing the Virginia Beach Coalition of Civic Organizations, spoke in
favor of the application, and requested curb cuts be minimized concerning
the proposed Changes of Zoning.
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances upon application of BEL-AIRE, INC. for Changes
of Zoning as per the following:
ORDINANCE UPON APPLICATION OF BEL-AIRE, INC. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1
TO B-2 Z0185942
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Bel-Aire, Inc., for a
Change of Zoning District Classification from A-1
Apartment District to B-2 Community Business Dis-
trict on certain property located 335 feet east of
Oceana Bolevard, 300 feet more or less north of Dam
Neck Road and shown as a portion of parcel designated
Parcel "A", Leroy R. Widgeon on plat entitled "Prop-
erty Survey for F. Wayne McLeskey" and recorded in
Map Book 81, Page 50. Said parcel contains 9.09
acres. Plats with more detailed information are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF BEL-AIRE, INC. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2
TO B-2 Z0185943
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Bel-Aire, Inc., for a
Change of Zoning District Classification from AG-2
Agricultu al District to B-2 community Business Dis-
trict on certain property located on the east side of
Oceana Boulevard, 630 feet more or less north of Dam
Neck Road and shown as a portion of parcel designated
Parcel "A", Leroy R. Widgeon on plat entitled "Property
Survey for F. Wayne McLeskey" and recorded in Map Book 81,
Page 50. Said parcel contains 5.6 acres. Plats with
more detailed information are available in the Department
of Planning. PRINCESS ANNE BOROUGH.
Prior to the changing of the official zoning maps, the following conditions
for these Changes of Zoning shall be met:
1. Dedication of a variable width drainage easement
along the northern property line to include
an area 20 feet outside the existing top of
the bank.
2. Dedication of appropriately sized scenic ease-
ments. Curb cuts along Oceana Boulevard will
be determined during site plan review as appro-
priate for a controlled access highway.
January 28, 1985
- 12 -
Item II-I.4
PLANNING ITEM # 23125 (Continued)
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
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 Menibers Voting Nay;
None
Council Members Absent:
None
January 28, 1985
- 13 -
Item II-I.5
PLANNING ITEM # 23125
Marie A. Reese, the applicant, represented herself
Dean Kent, Vice President of the Virginia Beach Coalition of Civic
Leagues, spoke in favor of the application
Upon motion by Vice Mayor McClanan, seconded by Councilwoman oberndorf, City
Council ADOPTED an Ordinance upon application of @IE A. REESE for a Con-
ditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF MARIE A. REESE FOR
A CONDITIONAL USE PERMIT FOR A NURSERY SCHOOL
R0185714
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Marie A. Reese, for
a Conditional Use Permit for a nursery school on
certain property locate at the northwest corner
of Sandbridge Road and Banks Lane. Said parcel is
located at 1265 Sandbridge Road and contains 14.58
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
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
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
January 28, 1985
- 14 -
Item II-1.6
PLANNING ITEM # 23126
Reverend Harold Buck Walter, Pastor of the Upper Room Chapel, represented
the applicant
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of UPPER ROOM CHAPEL for
a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF UPPER ROOM CHAPEL
FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0185715
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of The Upper Room Chapel
for a Conditional Use Permit for a church on cer-
tain property located on the east side of North
Landstown Road beginning at a point 2000 feet south
of Holland Road. Said parcel contains 3.571 acres.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BOROUGH.
The following condition shall be required:
1. A 40-foot dedication of right-of-way on the
frontage on North Iynnhaven Landstown Road,
55 feet from the centerline of the old 30-foot
right-of-way to provide for an ultimate 110-
foot right-of-way as per the Master Street
and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
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
January 28, 1985
Council Members Absent:
- 15 -
Item II-I.7
PLANNING ITEM # 23127
John C. Vogel, the applicant, represented himself
Barbara Ferguson, President of the Hunt Club Forest Civic Association,
spoke in favor of the application
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of JOHN C. AND MARY M. VOGEL
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF JOHN C. AND MARY M.
VOGEL FOR A CONDITIONAL USE PERMIT FOR AN ADDITION
TO AN EXISTING BOARDING KENNEL R0185716
BE IT HEREBY ORDALNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of John C. and Mary M. Vogel
for a Conditonal Use Permit for an addition to an existing
boarding kennel on certain property located on the north
side of London Bridge Road, 3600 feet west of Oceana
Boulevard. Said parcel is located at 2400 London Bridge
Road and contains 11.461 acres. Plats with more de-
tailed information are available in the Department of
Planning. 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
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
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 January 28, 1985
- 16 -
Item II-I.8
PLANNING ITEM #23128
Attorney Grover Wright represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of HOP-IN FOOD STORES, INC.
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES,
INC. FOR A CONDITIONAL USE PERMIT FOR A GASOLINE
SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE
STORE R0185717
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hop-In Food Stores, Inc.
for a Conditional Use Permit for a gasoline service
station in conjunction with a convenience food store
at the northeast corner of Shore Drive and Roanoke
Avenue on Lots 6-9, Section B, Block 26, Ocean Park.
Said parcel contains 26,572 square feet. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. Dedication of 5-foot right-of-way along the
frontage on Roanoke Avenue to provide for an
ultimate 50-foot standard City Street.
2. Public restrooms are to be provided.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
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:
January 28, 1985
None
- 17 -
Item II-I.9
PLANNING 1TEM # 23129
Frank Butler, represented the contract owner
Edna Grimstead, resident of 944 Old Dam Neck Road, represented the Virginia
Beach Civic Coalition, expressed concern regarding the drainage and spoke
in opposition.
Upon motion by Vice Mayor McClanan, seconded by Councilwoman Creech, City
Concil ADOPTED an Ordinance upon application of HICKORY CORPORATION for a
Change of Zoning District Classification. Vice Mayor McClanan requested
the staff investigate to assure the drainage is handled properly so
it does not run down to the residences along Old Dam Neck Road.
ORDINANCE UPON APPLICATION OF HICKORY CORPORATION
FOR A CIIANGE OF ZONING DISIRICT CLASSIFICATION
FROM AG-2 TO R-8 R-5 (AS MODIFIED) Z0185944
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hickory Corporation for
a Change of Zoning District Classification from AG-2
Agricultural District to R-8 R-5 (AS MODIFIED) Residential
District on certain propety located on the north side
of Old Dam Neck Road beginning at a point 863.54 feet
west of Dwyer Road. Said parcel contains 14.217 acres.
Plats with more detailed information are available in
the Department partment of Planning. PRINCESS ANNE BOROUGH.
The following conditons shall be required:
1. A buffer be provided along the boundary with the
Grimstead Property.
2. Dedication of right-of-way along the frontage on
Old Dam Neck Road to provide for an ultimate 66-foot
right-of-way as per the Master Street and Highway
Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
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
january 28, 1985
Council Members Absent:
- 18 -
Item II-I.10
PLANNING ITEM # 23130
Attorney Ross Lim represented the applicant
Opposition:
Henry L. Sadler, represented the Lake Shores Civic League
Ira L. White, resident of Lake Shores
Grant Gullickson, President of the Lake Shores Civic League
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City
Council DENIED Ordinances upon application of BELITA A. TUGBANG, ANGELITA A. LIM
and DELIA A. RODRIGUEZ for a Change of Zoning and a Conditional Use Permit as
per the following;
ORDINANCE UPON APPLICATION OF BELITA A. TUGBANG,
ANGELITA A. LIM AND DELIA A. RODRIGUEZ FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-3 TO R-4
Ordinance upon application of Belita A. Tugbang,
Angelita A. Lim and Delia A. Rodriguez, for a
Change of Zoning Distirct Classification from R-3
Residential District to R-4 Residential District
on property located at the southeast corner of
Shore Drive and Jack Frost Road as shown as Parcel
1 on survey of property for Lakeshore Corporation.
Said parcel contains 4 acres. Plats with more de-
tailed information are available in the Department
of Planning. BAYSIDE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF BELITA A. TUGBANG,
ANGELITA A. LIM AND DELIA A. RODRIGUEZ FOR A
CONDITIONAL USE PERMIT FOR HOME FOR THE ELDERLY
Ordinance upon application of Belita A. Tugbang,
Angelita A. Lim and Delia A. Rodriguez, for a
Conditional Use Permit for a home for the elderly
on certain property located at the southeast corner
of Shore Drive and Jack Frost Road. Said parcel
fronts 441.41 feet along the south side of Shore
Drive and 413.17 feet along the east side of Jack
Frost Road and contains 4 acres. BAYSIDE 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
January 28, 1985
Council Members Absent:
None
- 19 -
Item II-I.11
PLANNING ITEM # 23131
Jerry F. McDonnell, the applicant, represented himself and distributed copies of
the "Evaluation of Colony of Harbors' Specialty Center Potential" as prepared
by Economics Research Associates (said copy is hereby made a part of the record)
Wylie Cooke, Architect for the Project, also represented the applicant
Opposition:
Doris Pinkham, resident of neighborhing property on Thirty-Seventh Street
Michael LaGiglia, Presdient of the Old Beach Civic Association
William Crosby, Builder and Developer of Holly Ben Condominiums, and
representative of the Homeowners Association
Anne Henry, representing self and Old Beach Civic Association
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPIED an Ordinance upon application of JERRY F. McDONNELL for a
Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF JERRY F. McDONNELL FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8
TO B-4 Z0185945
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Jerry F. McDonnell, for a
Change of Zoning District Classification from R-8 Resi-
dential District to B-4 Resort Commercial District on
certain property located on the west side of Holly Road,
950 feet more or less south of Laskin Road. Said parcel
contains 1.2376 acres. Plats with more detailed in-
formation are available in the Department of Planning.
VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
1. Deed restriction shall be submitted signifying this
Site will be used for PARKING ONLY.
2. Adequate drainage to avoid pollution of run-off water
from the parking lot.
3. Provision of a buffer between B-4 and residential dis-
tricts.
4. Provision of necessary variances.
5. Dedication of a right-of-way to provide for an ultimate
60-foot right-of-way along Holly Road as per the Master
Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-eighth day of January, Nineteen Hundred and Eight-five.
- 20 -
Item II-1.12
PLANNING ITEM # 23131 (Continued)
Voting: 9-1
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, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Abstaining:
Louis R. Jones
Councii Members Absent:
None
January 28, 1985
- 21 -
Item II-I.13
PLANNING ITEM # 23132
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council ADOPTED the following Ordinance:
ORDINANCE TO AMEND AND REORDAIN SECTION
4.1 (m) OF THE SUBDIVISION REGULATIONS
PERTAINING TO STREET RIGHT-OF-WAY WIDTHS
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
January 28, 1985
- 21a -
AN ORDINANCE TO MIEND AND REORDAIN
SECTION 4.1(m)
OF THE SUBDIVISION REGULATIONS
PERTAINING TO STREET RIGHT-OF-WAY WIDTHS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.1(m) of the Subdivision Ordinance be amended and reordained
in part as follows:
(m) Street right-of-way widths shall be as specified in officially adopted
elements of the comprehensive plan relating to streets. Where not shown therein,
pavement widths and right-of-way widths for public streets shall be in relation
to the proposed density and/or the land use of the property adjacent to the roads
and within the parcel sought to be subdivided, but in no case, be less than as
follows:
Minimum Paved
Width
Minimum R/w (face to face
Width of curb)
(feet) (feet)
Arterial 80 52
Collector 60 36
Minor:
a. Serving comercial or
industrial uses 60 -46- 36
b. Serving residential
uses 50 30
Marginal access 40 30
Alley 24 20
Residential cul-de-sac 40 30
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28 day of January 1985.
APP@'@ED AS TO CONieW
Al FC)RNEY
January 28, 1985
- 22 -
Item II-I.14
PLANNING ITEM # 23133
Upon motion by Concilman McCoy, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance to AMEND the MASTER STREET AND HIGHWAY PLAN to include
a 90-foot arterial connecting the eastern terminus of Elbow Road with the
intersection of North Landstown Road and Princess Anne Road.
Voting: 10-0
Council Members Voting Aye:
John A. Bauml 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 Abstaining:
Louis R. Jones
Council Members Absent:
None
Verbal Aye
January 28, 1985
- 22a
AN ORDINANCE TO AMEND
THE MASTER STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
Include a 90-foot arterial connecting the eastern terminus
of Elbow Road with the intersection of N. Landstown Road
and Princess Anne Road.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28 day of January 1985.
PPROW AS To Co
RM
.@"'i-lOPNEY
January 28, 1985
- 23 -
Item II-J.
CONSENT AGENDA ITEM # 23134
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED in ONE MOTION Items 1 through 6.
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
January 28, 1985
- 24 -
Item II-J.1
CONSENT AGENDA ITEM # 23135
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED an Ordinance, on FIRST READING, as per the following:
Ordinance, on FIRST READING, to amend and reordain
Article II, Section 18-46, 18-47(a), 18-48(a) and (b),
18-52(a), 18-53(a) (c) (d) and (e), 18-54(a), 18-55(a),
18-56(b) (c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-
73(a), 18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a)
and (b), and 18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a),
18-87, 18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and (e),
18-92(a), 18-99(a), 18-100(a) and (b), 18-100.1(a) and
(b), 18-101(a), 18-102(a), 18-104, 18-105, 18-109(a),
18-110(a), 18-111, 18-112(a) and (b), 18-113(b), 18-
114(a), and 18-116 of the Code of the City of Virginia
Beach pertaining to the license tax schedule.
The City Clerk referenced this Ordinance would be effective May 1, 1985.
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
January 28, 1985
- 24a -
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE
II, SECTIONS 18-46, 18-47(a), 18-48(a) and
(b), 18-52(a), 18-53(a)(c)(d) and (e),
18-54(a), 18-55(a), 18-56(b)(c) and (d),
18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71,
18-72(b), 18-73(a), 18-74(a), 18-75(a) and
(b), 18-76.1(b), 18-77(a) and (b), 18-79(a),
18-80(a), 18-82(a), 18-85, 18-86(a), 18-87,
18-88(a), 18-89(a), 18-91(a)(b)(c)(d) and
(e), 18-92(a), 18-99(a), 18-100(a) and (b),
18-100.1(a) and (b), 18-101(a), 18-102(a),
18-104, 18-105, 18-109(a), 18-110(a),
18-111, 18-112(a) and (b), 18-113(b),
18-114(a) 18-116 OF THE CODE OF THE CITY OF
VIRGINIA BEACH PERTAINING TO THE LICENSE TAX SCHEDULE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article II, Sections 18-46, 18-47(a), 18-48(a) and
(b), 18-52(a), 18-53(a)(c)(d) and (e), 18-54(a), 18-55(a),
18-56(b)(c) and (d), 18-58, 18-59(a), 18-60(a), 18-62(a),
18-63(a), 18-64, 18-65(a), 18-66, 18-71, 18-72(b), 18-73(a),
18-74(a), 18-75(a) and (b), 18-76.1(b), 18-77(a) and (b),
18-79(a), 18-80(a), 18-82(a), 18-85, 18-86(a), 18-87, 18-88(a),
18-89(a), 18-91(a)(b)(c)(d) and (e), 18-92(a), 18-99(a),
18-100(a) and (b), 18-100.1(a) and (b), 18-101(a), 18-102(a),
18-104, 18-105, 18-109(a), 18-110(a), 18-111, 18-112(a) and (b),
18-113(b), 18-114(a) 18-116 of the Code of the City of Virginia
Beach, virginia, are hereby amended and reordained as
follows:
Section 18-46. Unclassified businesses or trades.
Every person engaged in any business or trade not
subject to a specific license tax under tbe provisions of this
chapter or other ordinance of the city shall pay a license tax
equal to the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts,
in-emeese-ef-@,27509@GO in such business or trade during the
preceding calendar year.
Section 18-47. Agents for selling books, magazines and
periodicals.
(a) Each agent for selling books, magazines and
periodicals shall pay a license tax of $49r99-per-yeaL,-er-@S@9
the greater of thirty
dollars or thirty-six one hundredths of one percent of the gross
receipts attributable to the business conducted within the city
during the preceding calendar year. In addition, a fee of $20.00
will be collected from each agent granted a permit to sell
door-to-door.
Section 18-48. Agricultural service businesses.
(a) Every person engaged in any agricultural service
business shall pay a license tax equal to 025790-and
twenty-seven the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts 4n-e)eeess-ef
027SG07GO in such business during the preceding calendar year.
(b) Agricultural service businesses, as referred to in
this section, shall include those businesses set out below and
any miscellaneous agricultural service businesses not elsewhere
classified:
(1) Grist mills, includinq custom flour mills.
(2) Crop dusting: contract.
(3) Crop spraying: contract.
(4) Weed control, on a contract or fee basis.
(5) VeteL-inarians-emel Animal hospitals.
(6) Animal husbandry services:
a. Animal breeding and training.
b. Doq grooming shops.
c. Kennels.
(7) Horticultural services.
Section 18-52. Amusement and recreation service businesses.
(a) Every person engaged in any amusement and recreation
service business shall pay a license tax equal to $2sv9o-and
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts in such
business during the precedinq calendar year.
Section 18-53. Amusement parks.
(a) The owner or operator of any permanent park for
public amusement in the city open to the public shall, for the
privilege of operatinq within such park a bowlinq alley, hobby
horse, merry-go-round, ferris wheel, old mill, dip-the-dips and
other similar amusements, bathhouses, boat houses, parking lots
and the following coin-operated devices: Machines for exhibiting
pictures, automatic photo machines, baseball machines, bowling
alley machines, hockey machines, auto testing machines, machines
for testing strenqth or qrip, electronic gun and rifle machines,
-2-
aeroplane-testing machines, basketball machines, foot-ease
machines, weight scale machines, punching bag machines, tractor
machines, crane machines, voice-recording machines and similar
coin-operated amusement devices that are usual to an amusement
arcade operation, other than coin-operated pinball machines,
shall pay the following license tax:
theretOT the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts, exclusive of any
federal and city admission tax thereon, from all such activities,
except the gross receipts from the operation of such bathhouses,
boat houses and parkinq lots; provided, that coin-operated
pinball machines shall be separately licensed under the law
relating thereto.
(c) Whenever any amusement within an amusement park is
operated by a person other than the operator of such park, such
person shall pay for such amusement the following license tax:
the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts
therefrom, exclusive of any federal and city admission tax
thereon.
(d) Any person, other than the operator of an amusement
park, who shall operate any amusement within such park, for which
tickets are not sold, such as recordinq the voice, guessing one's
weight, testing one's strength and the like, shall pay a license
tax of @SGTRG the qreater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts therefrom.
(e) Any person operating any concession, amusement
enterprise or other like business enterprise, for which a license
tax is not specifically provided in this section, shall pay an
annual license tax of
$iTgggv4g the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts therefrom.
-3-
Section 18-54. Athletic fields or parks for professional
sports.
(a) Every person operating an athletic field or park for
professional baseball games, football games and other
professional games of similar character, where a charge is made
for admission, shall pay a license tax of
the greater of
thirty dollars or thirty-six hundredths of one percent of the
gross receipts, exclusive of any federal and city admission tax
thereon, from admissions to such athletic field or park.
Section 18-55. Automotive services and garage businesses.
(a) Every person enqaged in any automotive service and
garage business shall pay a license tax equal to $aS7GO-anel
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts 4n-exeess-ef-$27SGg@G in such
business durinq the preceding calendar year.
Section 18-56. Barbershops, beauty parlors and barber and
beauty culture schools.
(b) Every person who shall conduct or operate a
barbershop shall pay a license tax of
the qreater of thirty dollars or thirty-six one hundredths of one
percent on gross receipts in-eK-eese-Of-$275497GG in such business
during the preceding calendar year.
(c) Every person who shall conduct or operate a beauty
parlor or hairdressing establishment shall pay a license tax of
$2SrGG-and-ferty-ene tbe greater of thirty dollars or thirty-six
one hundredths of one percent on gross receipts 4n-exeess-of
027599@GO in such business during the precedinq calendar year. A
license issued under this chapter pursuant to the payment of the
license tax set out in this subsection shall not authorize the
teaching or instruction of beauty culture or cosmetology.
-4-
(d) Every person who shall conduct or operate a barber
school or beauty culture school shall pay a license tax of
$12STGO the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts in such business
during the preceding calendar year. The rendering by students in
such school, in the course of their training, of services usually
performed in barbershops and beauty parlors shall not require the
payment of an additional license tax required by this
section.
Section 18-58. Barqing and lightering.
Every person engaged in the city in the business of
barginq and liqhterinq, or who shall hire out barqes, lighters or
vessels to do this work, or have an office in the city where such
contracts are made, shall pay a license tax of 05GT99 the greater
of thirty dollars or thirty-six one hundredths of one percent of
the gross receipts in such business conducted in the city during
the preceding calendar year.
Section 18-59. Beach equipment rental - Generally.
(a) Each person engaged in the business of renting beach
equipment in the city shall pay a license tax based-upon-the
-5-
of the greater of thirty dollars or thirty-six one hundredths of
one percent of the gross receipts in such business during the
preceding ca
Section 18-60. Same - Surfboards.
(a) Each person engaged in the business of renting
surfboards in the city shall pay a license tax based-upen-the
of the greater of thirty dollars or thirty-six one hundredths of
one percent of the gross receipts in such business during the
preceding calendar year.
Section 18-62. Billiard, pool or bagetelle tables or
shuffleboards.
(a)
-6-
or-not Every person engaged in the business of operating a pool
room in which are located billiard, pool or bagetelle tables or
shuffleboards shall pay a license tax of the greater of thirty
dollars or thirty-six one hundredths of one percent of the gross
receipts in such business during the preceding calendar year.
Section 18-63. Billposters.
(a) Every person engaged in business as a billposter
shall pay a license tax of $RgG@9 the greater of thirty dollars
or thirty-six one hundredths of one percent of the gross receipts
in such business.
Section 18-64. Boardinghouses, lodging houses and tourist
homes.
Every person engaqed in keeping a boardinghouse, lodging
house or tourist home, where the total number of rooms available
for boarders or lodgers is 5 or less shall pay an annual license
tax of the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts
Where the total number of rooms
available for boarders or lodgers is over 5, such person shall
pay the license tax reauired of hotels and other like
establishments under section 18-85.
Section 18-65. Bondsmen.
(a) Every person who shall, for compensation, enter into
any bond or bonds for others, whether as principal or surety,
shall pay a license tax of @249799 the greater of thirty dollars
or thirty-six one hundredths of one percent of tbe gross receipts
in such business during the preceding calendar year.
Section 18-66. Card-writinq stands.
Every person operating a card-writing stand shall pay a
license tax of $4@99 the greater of thirty dollars or thirty-six
one hundredths of one percent of the gross receipts
therefrom.
-7-
Section 18-71. City directories.
Every person engaged in the city in the business of
publishing or distributing a directory, commonly known as a "city
directory," havinq an office or representative, or makinq a
contract for work or soliciting for work, in the city, shall pay
a license tax of $89rGO the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts
attributable to the business conducted within the city durinq the
preceding calendar year. In addition, a fee of $20.00 will be.
collected from each agent granted a permit to solicit.
Section 18-72. Coin-operated machines - Operators.
(b) Every operator shall pay a license tax of $200.00
and, in addition, one-Eeurth the qreater of thirty dollars or
thirty-six one hundredths of one percent on the share of gross
receipts actually received by the operator from such business for
the preceding calendar year
Section 18-73. Same - Vending machines.
(a) Every person engaqed in the business of sellinq
goods, wares and merchandise through the use of coin-operated
vending machines shall be classified as a retail merchant on that
phase or part of the business done through such machines and
shall pay a license tax of greater
of thirty dollars or twenty-one one bundredths of one percent of
the gross receipts 4n-emeegs-ef-@27SGGvGG for the privilege of
doing business in this city; provided, however, that if any such
person has more than one definite place in this city at which
goods, wares or merchandise are stored, kept or assembled for
supplying such vending machines, each such place in excess of one
shall be regarded as an additional definite place of business.
Section 18-74. Commercial service businesses.
(a) Every person engaged in any commercial service
business shall pay a license tax equal to 025709-anel the greater
of thirty dollars or thirty-two six one hundredths of one percent
of the gross receipts 4n-emeese-ef-$275OGTGO in such business
during the preceding calendar year.
-8-
Section 18-75. Contractors and persons constructing houses
for subsequent sale or rental.
(a) Subject to the provisions of section 58-299 of the
Code of Virginia, every person engaqed in any contractinq service
business shall pay a license tax equal to $5@GO-enel the greater
of thirty dollars or sixteen one hundredths of one percent of the
gross receipts in such business during the
preceding calendar year. Contract service businesses referred to
in this subsection shall include those businesses set out below
and any miscellaneous contract service business not elsewhere
classified:
(1) General building contractors.
(2) Highway and street construction.
(3) Heavy construction.
(4) Special trade contractors:
a. Plumbing, heating and air-conditioning.
b. Painting, paper hanging and decorating.
C. Electrical.
d. Masonry, stone setting and other.
e. Stonework.
f. Plastering and lathinq.
g. Terrazzo, tile, marble and mosaic work.
h. Carpentering.
i. Floor layinq and other floorwork.
j. Roofing and sheet metal work.
k. Concrete work.
1. Structural steel erection.
M. Ornamental metal work.
n. Glass and glazing work.
0. Excavatinq and foundation work.
p. Wrecking and demolition work.
q. Removing contents of privies, cesspools, septic tanks and
other similar facilities.
(b) Any person enqaged in the business of erecting or
constructinq office buildings, motels, hotels, condominiums,
houses or any other structures suitable for habitation for the
-9-
purpose of selling the same, not employing therefor a contractor
or person who shall act as superintendent who has paid the
license tax required by law, shall pay a license tax as provided
in subsection (a) of this section for a person enqaged in
business as a contractor; provided, however, if such person
maintains ownership of such structure and rents or leases rooms
or space in such structure, then such person shall pay a license
tax equal to $-S97GG-and the greater of thirty dollars or sixteen
one hundredths of one percent of the actual cost of construction
in-emeese-ef-$STGGGTGO. No license for the conduct of such
business shall be transferred ner-sheii-the-iieense-ta)t-be
prereted.
Section 18-76.1. Dealers in precious metals and gems.
(b) Tax levied on receipts. Every dealer engaged in
business in the city of purchasinq, acquirinq or sellinq
secondhand precious metals or gems shall pay a license tax equal
to the greater of thirty dollars or
thirty-six one hundredths of one percent of all gross receipts
received in the resale either-at-retaii-or-whelesale of such
precious metals or gems made in-emeese-of-$275GGvGg during the
preceding calendar year.
Section 18-77. Detectives, detective agencies, watchmen
services, security patrols and similar security
services.
(a) Every person operating a detective agency or enqaqed
in the business of a detective shall pay a license tax of
the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts in
such business during the preceding calendar year. Any person or
agency obtaining a license under this subsection may conduct the
business of furnishing watchmen for compensation, without
securing an additional license under subsection (b) of this
section for so doing.
(b) Every person or agency furnishinq watchmen security
patrols or similar security services for compensation shall pay
a license tax of
the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts in
such business during the preceding calendar year.
Section 18-79. Dry cleaning, dyeing, towel and linen rental
service, etc., (nonlocal).
(a) Every person engaged in the business of dry
cleaninq, dyeinq, laundry, ruq cleaning, pressing or towel and
linen rental service, who does such work outside the city and who
solicits or receives such work in the city to be done outside the
city, shall pay a license tax of $60@99-fer-eaeh-vehiele-er
reeeivinfj-eL--deiiverimej-sueh-weL-It the greater of thirty dollars
or thirty-six hundredths of one percent of the gross receipts
attributable to the business conducted within the city.
-11-
Section 18-80. Educational service businesses.
(a) Every person engaged in any educational service
business shall pay a license tax equal to r725798-and-ferty-twe
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts in such
businesses during the preceding calendar year.
Section 18-82. Emigrant labor agents.
(a) Every person engaged in the business of soliciting,
hiring or contracting with laborers to be employed by persons
other than himself beyond the limits of the state, and every
agent of such person, shall pay a license tax of $STGGG700-per
year the greater of thirty dollars or thirty-six one hundredths
of one Percent of the qross receipts in such business during the
preceding calendar year. Such iieense-tax-shall-not-be
prorated-and-the license shall not be transferred.
Section 18-85. Hotels, motels, motor lodges, etc.
Every person conducting the business of keeping a hotel,
motel, motor lodge, auto court or tourist camp shall pay an
annual license tax equal to @a5799-and the qreater of thirty
dollars or thirty-n4ne six one hundredths of one percent of the
gross receipts during the preceding
calendar year, except receipts from telephone service and except
rent from stores and offices.
Section 18-86. Junk dealers and canvassers; secondhand dealers.
(a) Every person engaged in business in the city as a
junk dealer shall pay a license tax equal tO $RST99-anel
eme-fourth the greater of thirty dollars or thirty-six one
hundredths of one percent of the gross sales, whether paid for or
not, in such business during the preceding
calendar year.
Section 18-87. marinas.
Every person engaged in the business of keepinq or
-12-
operating a marina shall pay a license tax equal to $25VGG
enel-twenty-ei.qht the greater of thirty dollars or thirty-six
one-hundredths of one percent of the gross receipts, including
the gross receipts from the sale of gasoline, motor oils,
engines, engine parts, boats and other merchandise, repairs and
equipment and from the berthing of boats, in-e*eese-ef
$275@eTGG in such business during the preceding calendar
year.
Section 18-88. Medical and other health service businesses.
(a) Every person engaged in any medical or other
health-service business shall pay a license tax equal to $25VGG
enel-forth-three tbe greater of thirty dollars or thirty-six one
hundredths of one percent of the gross receipts in-exeese-of
02759grGO in such business during the preceding calendar
year.
Section 18-89. Merchants, retail.
(a) Every person enqaged in the business of a retail
merchant shall pay a license tax equal to ORS@G-anel the greater
of thirty dollars or twenty-ene one hundredths of one percent of
the gross sales, whether paid or not, 4n-exeess-ef-@27SGGTOO in
such business during the preceding calendar year.
Section 18-91. Money lenders generally; handling or dealing
in installment paper.
(a) Every person, other than banks, bankers, pawnbrokers
and those set forth in the following subsections of this section
engaged in the business of purchasing salaries, eL--Of lending
money, or handling or dealing in installment paper, with or
without security or endorsement, shall pay a license tax of
$SOeTGO the greater of thirty dollars or fifty-eight one
hundredths of one percent of the gross receipts in such business
durinq the preceding calendar year.
15ref its-ef
-13-
+e+ (b) No license, the tax for which is set out in this
section, shall be transferable.
Section 18-92. Pawnbrokers.
(a) Every person enqaqed in business as a pawnbroker
shall pay a license tax of
the greater of thirty dollars
or thirty-six one hundredths of one percent of the gross receipts
in such business during the preceding calendar year.
Section 18-99. Personal service businesses.
(a) Every person enqaged in any personal service
business shall pay a license tax equal to $25TG9-and-forty-one
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts in such
business durinq the preceding calendar year.
Section 18-100. Photographers, film developers, etc., with no
permanent place of business in city; canvassers
or solicitors for photographers film developers,
etc.
fa)- Every person engaged in the business of taking
pictures or photoqraphs or developing, copying or enlarging the
-14-
same, or both, but who has no permanent place of business in the
city, shall pay a license tax of $15G7GO the greater of thirty
dollars or thirty-six hundredths of one percent of the gross
receipts attributable to such business conducted in the city
during the preceding calendar year.
-for -tlie -ta)e ing T -develeping T -eepyiptet-or -en iarg inej-ef-P ietures
Secton 18-100.1. Professional service businesses and
professions.
(a) Every person enqaged in any professional service
business or profession shall pay a license tax equal to $25TGG
enel-sixty-twe the greater of thirty dollars or fifty-eight one
hundredths of one percent of the gross receipts 4n-emeess-ef
$aTSO@GG in such business during the precedinq calendar year.
(b) Professional service businesses and professions
referred to in this section shall include those businesses and
professions set out below and any miscellaneous professional
service business or profession not elsewhere classified:
(1) Accounting, auditing and bookkeeping services.
(2) Dentists and dental surgeons.
(3) Engineers, architects and surveyors.
(4) Industrial desiqners.
(5) Attorneys at law.
(6) Orthodontists.
(7) osteopathic physicians.
(8) Physicians and surgeons.
(9) Gynecologists.
(10) Neurologists.
(11) Obstetricians.
(12) Oculists.
-15-
(13) ophthalmologits.
(14) Pathologists.
(15) Psychiatrists.
(16) Psychoanalysts.
(17) Radiologists.
(18) Veterinarians.
Section 18-101. Real estate and finance businesses.
(a) Every person enqaged in any real estate or finance
business shall pay a license tax equal to $2SrG9-anel the greater
of thirty dollars or fifty-five eiqht one hundredths of one
percent of the gross receipts in such
business during the preceding calendar year.
Section 18-102. Repair service businesses.
(a) Every person engaged in any repair service business
shall pay a license tax equal to $25TGO-amel the greater of thirty
dollars or thirty-six one hundredths of one percent of the gross
receipts 4n-eMeess-ef-$2T5GGTGO in such business during the
preceding calendar year.
Section 18-104. Shooting galleries and archery ranges.
Every person operating a shooting gallery or archery
gallery or archery range shall pay a license tax of $7STGO
the greater of thirty dollars or thirty-six one hundredths of one
percent of the gross receipts in such business during the
preceding calendar year.
Section 18-105. Taxicabs and for-hire cars.
Every person engaqed in the business of operatinq
taxicabs or for-hire cars over the streets of the city, under
provisions of this Code and other ordinances of the city
regulating the operation of taxicabs and for-hire cars, to whom a
certificate of public convenience and necessity for the operation
of such taxicabs and for-hire cars has been issued, shall pay a
license tax of
-16-
the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts in
such business during the preceding calendar year.
Section 18-109. Theaters for moving pictures.
(a) Every person engaged in the business of furnishing
entertainment by the use of moving or talking pictures in a
theater or drive-in establishment where a charge is made for
admission shall pay a license tax of
therebeT-one-fourth the greater of thirty dollars or thirty-six
one hundredths of one percent of the gross receipts, exclusive of
any federal or city excise tax thereon, received for admissions
during the preceding calendar year. Where merchandise is sold at
any such theater, a merchant's license shall be required in
addition to the above.
Section 18-110. Theatrical performances, etc.
(a) on every theatrical performance or any performance
similar thereto, panorama or any public performance or exhibition
of any kind, except motion pictures, where an admission fee is
charged, there shall be paid a license tax of $3GTR9-for-eeeh
the greater of thirty dollars or thirty-six one hundredths of one
percent of the qross receipts therefrom.
Section 18-112. Trading stamps, premium coupons, etc.
(a) Every person engaged in the business of sellinq or
issuing trading stamps or any similar devices to merchants or
redeeminq trading stamps or any similar devices, givinq money
-17-
rebates or other things of value therefor, shall pay a license
tax equal to the greater of th rty dollars
or thirty-six one hundredths of one percent of the value of the
trading stamps or any similar devices sold, issued or redeemed,
in-e3eeeSS-ef-$SOTGOG7497 in such business during the preceding
calendar year.
(b) Every person who shall redeem, on behalf of any
manufacturer, premium coupons, certificates or similar devices
attached to original packages put up by such manufacturer and
sold under his trade name, brand or mark shall pay a license tax
of @409790 the greater of thirty dollars or thirty-six one
hundredths of one percent on the value of the premium coupons,
certificates or similar devices.
Section 18-113. Trailer courts.
(b) Every person conducting the business of keeping a
trailer court shall pay an annual license tax equal to $157GG
t-raller-eeUrt7-aMd-475 the greater of thirty dollars or
thirty-six one hundredths of one percent of the gross receipts of
the business during the preceding calendar year.
Section 18-114. Transportation and warehousing businesses.
(a) Every person engaged in any transportation and
warehousing business shall pay a license tax of $25799-and
twenty-eight the greater of thirty dollars or thirty-six
one-hundredths of one percent of the gross receipts 4n-emeess
ef-$2T599790 in such business durinq the precedinq calendar
year.
Section 18-116. Wrecking or salvaging automobiles.
Every person engaged in the business of wrecking or
salvaging automobiles, having an office or representative or
making contracts for work or soliciting work in the city, shall
pay a license tax of $597GO the qreater of thirty dollars or
-18-
thirty-six one hundredths of one percent of the gross receipts in
such business during the preceding calendar year.
Adopted by the Council of the City of virginia Beach,
Virginia, this day of 1985.
This Ordinance shall become effective May 1, 1985.
MES/re
01/08/85
01/22/85
01/29/85
(ORD I)
FIRST READING: January 28, 1985
January 28, 1985
-19-
- 25 -
Item II-J.2
CONSENT AGENDA ITEM # 23136
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate
grants totaling $23,500 from the VIRGINIA DIVISION OF MOTOR VEHICLES.
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
January 28, 1985
- 25a -
AN ORDINANCE TO ACCEPT GRANTS
TOTALING $23,500 FRCM TTIE VIRGINIA
DIVISICN Cr MCTOR VEHICLES AND TC
APPROPRIATE THESE FUNDS
WHEREAS, City Council is interested in improving
traffic safety and reducing accidents within the City of Virginia
Beach,and
WHEREAS, fcur grants totaling $23,500 are available
from the Virginia Division of Motor Vehicles for these purposes;
and
VIHEREAS, no local funds are required.
NOVI, THEREFORE, BE IT ORDAINED BY THE CCUNCIL OF THE
CITY CF VIRGINIA BEACH that funds from the above grants be accepted
and $23,500 be a-ppropriated to carry out the programs as fcllows:
1. Child Care Restraint Distribution and
Training Program - $2,000
2. EMT Training Prograin Enhancerrent - $2,500
3. occupant Restraint/Traffic Safety Display - $9,000
4. Computer Automated Traffic Suripons System - $10,000.
BE IT FURTHER CRDAINED that estimated revenues frcr-. the
Federal Goverranent be increased by $23,500 to finance these
apprc)priaticns.
This ordinance shall be effective from the date of adopticn.
FIRST READING: January 28, 1985
SECCND RFADING:
Adopted by the Council of the City of Virginia Beach on the
day of 1985
APA'R!.!
January 28, 1985
- 26 -
Item 11-J.3
CONSENT AGENDA ITEM # 23137
Upon motion by Concilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds
of $1,728,740 to the Capital Project Fund for various capital projects
(CIP).
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
January 28, 1985
26a -
AN ORDINANCE TO APPROPRIATE FUNDS
OF $1,728,740 TO THE CAPITAL
PROJECT FUND FOR VARIOUS
CAPITAL PROJECTS
WHERF.AS, the C ity Manager, on November 19, 1984, presented to
City Council the Proposed Capital Improvement Program for fiscal years
1983-1984 through 1988-1989, and
WHEREAS, the Capital Improvement Program Includes projects to be
financed from funds to be provided periodically by City Council including
some to be financed from General Fund Balance In each fiscal year, and
WHEREAS, capital project ftnancing from General Fund Balance for
FY 1984-1985 totals $1,728,740.
NOW, THEREFORE, BE IT ORDAINED BY THE OOUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $1,728,740 be appropriated from the General
Fund Balance to the Capital Project Fund for the following purposes:
School Projects $ 732,800
Engineering & Highway Projects 995,940
Total $ 1 728 740
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Reach, Virginia
on the 28 day of Januar, 1984.5
PUBLIC HEARING: January 21, 1985
FIRST READING: January 21. 1985
SECOND READING: Janiiary 28 1985
January 28, 1985
KAR/2 ORDIO
- 27 -
Item II-J.4
CONSENT AGENDA ITEM # 23138
Upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, City
Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into
a portion of the City property adjacent to LAKE BRADFORD to HAROLD A.
YOUNG, his heirs, assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or hazardous.
4. The owner agrees that all work within City property
is to be inspected by the Highway Inspections Bureau
and is subject to City regulations and specifications.
5. The owner will install a standard sedimentation trap and
oil separator in accordance with plans available at the
office of the City Engineer. Maintenance of the separator,
including cleaning, will be the responsibility of the
condominum association.
6. This encroachment shall not be in effect until an agree-
ment has been executed encompassing the above conditions.
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
January 28, 1985
- 27a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
CITY PROPERTY ADJACENT TO LAKE
BRADFORD TO HAROLD A. YOUNG, HIS
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Harold A. Young, his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into a portion of City property consisting of a 100'
strip adjacent to and surrounding Lake Bradford.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a 15" RCP storm
drain to accomodate drainage from an 18-unit condominium complex
and that said encroachment shall be constructed and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's property consisting of a 100'
strip adjacent to and surrounding Lake
Bradford, on the certain plat entitled:
'STORM DRAIN ENCROACHMENT FOR CONDOMINIUM
COMPLEX," a copy of which is on file in
the Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Harold A. Young, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from a
portion of City property consisting of a 1001 strip adjacent to
and surrounding Lake Bradford and that Harold A. Young, his
January 28, 1985
- 27b -
heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Harold A. Young, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Harold A. Young executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of January 19 85
MES/re
7/19/8 4
(29A)
APPROVL,l@ @.3 IC4 g.-,rJNTtNI@
SIGNATURE
DEPikPTAAENT
AS TO IFOPM
CITY ATTORtl@
-2-
January 28, 1985
- 28 -
Item II-J.5
CONSENT AGENDA ITEM # 23139
Upon motion by Councilman McCOY, seconded by Councilwoman Oberndorf, City
Cuncil ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into
a portion of the City property surrounding LAKE BRADFORD, to WMW
CONTRACTING, INC., its assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment wehn
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free
and harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The encroachment shall be constructed in accordance
with City standards.
5. The owner will install a standard sedimentation
trap and oil separator in accordance with plans
available in the Office of the City Engineer.
Maintenance of the separator, including cleaning,
will be the responsibility of the condominium
association.
6. This encroachment shall not be in effect until
an agreement has been executed encompassing the
above conditions.
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
January 28, 1985
- 28 a
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A-PORTION OF CERTAIN
CITY PROPERTY SURROUNDING LAKE
BRADFORD, TO WMW CONTRACTING, INC., ITS
ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of virginia, 1950, as
amended, the WMW Contracting, Inc., its assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into a portion of certain City property surrounding
Lake Bradford.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a 15' storm drain
to serve the development called Watersedge and that said
encroachment shall be constructed in accordance with the City of
Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment into a portion of
certain City property surrounding Lake
Bradford, as shown on that certain plat
entitled: "WATERSEDGE ON LAKE BRADFORD,"
a copy of which is on file in the
Virginia Beach Department of Public Works
and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
virginia Beach to any officer of WMW Contracting, Inc., its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from
certain City property surrounding Lake Bradford by the WMW
January 28, 1985
- 28b -
Contracting, Inc., and that the WMW Contracting, Inc., its
assigns and successors in title shall bear all costs and expenses
of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the WMW Contracting, Inc., its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the WMW Contracting, Inc. executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of January 19 85
MES/re
11/19/8 4
(29G)
APPP,OVED AS fo
-2-
January 28, 1985
- 29 -
Item II-J.6
CONSENT AGENDA ITEM # 23140
Upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, City
Council APPROVED the following Raffle Permit:
GREEN RUN LITTLE LEAGUE AUXILIARY
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
January 28, 1985
- 30 -
Item II-K. 1
UNFINISHED BUSINESS ITEM # 23141
DAVID I. AND GALE M. LEVINE
APPLICATIONS FOR CHANGES OF ZONING
AND A CONDITIONAL USE PERMIT
The City Manager advised that the information contained within City Council's
AGENDA was the documentation Council and the Great Neck Association of Civic
Leagues had requested on January 14, 1985. The City Manager further advised of
a meeting held on Sunday, January 27, 1985, attended by the applicants, Councilman
Jennings, the Civic Leagues, and himself. The City Manager also informed City Council
of a meeting to be held on Thrusday Evening, January 31, 1985, 7:30 p.m. at
COX JUNIOR HIGH SCHOOL to again discuss this matter.
Councilman Jennings referenced at the Meeting of January 27, 1985, the GREAT NECK
ASSOCIATION OF CIVIC LEAGUES had requested the ORDINANCES upon application
of DAVID I. AND GALE M. LEVINE for Changes of Zoning and a Conditional Use
Permit be heard at the City Council Meeting of February 25, 1985.
By CONSENSUS, City Council agreed to hear the ORDINANCES upon application
of DAVID I. AND GALE M. LEVINE at the City Council Meeting of February 25,
1985.
A letter from Ernest Trezevant Buchanan III, President of the Great Neck Asso-
ciation of Civic Leagues, was received after City Council's consideration of
the LEVINE's APPLICATION and is hereby made a part of the proceedings.
January 28, 1985
30a
ERNEST TRF=ZEVANT BUCHANAN, ill
AT-rORNEY AND COUNSELOR AT LAW
VIRGINIA BEACH. VIRGINIA 23451
804-481-2595 THIS LETTER WAS RECEIVED
BY THE CITY CLERK AFTER
COUNCIL'S CONSIDERATION
OF LE DOCUMENTATION
7-y2 8. IF S-
AND WILL BE MADE A PART
OF THE RECORD AND DIS-
TRIBUTED TO MEMBERS OF
CITY COUNCIL.
rhs
e @ '2@ e-
co I"
C'. /1 kt (7
-6
6 6-u
c- c, @/'C -r
p CcSe-J-, E-)e k, r
@c V, i',r /, I,-O@
,
Ck 6
ou
@c_ C e-, C,.
n-
e vle /i
January 28, 1985
- 31 -
Item II-K.2
UNFINISHED BUSINESS ITEM # 23142
COX CABLE RATE INCREASE
RECONSIDERATION
ADD-ON
The City Manager referenced his letter of January 28, 1985, to Ivine B. Hill,
Director of Communications, COX CABLE OF TIDEWATER, INC., requesting clari-
fication of certain points as a result of certain developments with regard
to the proposed "buy-out" provisions of local shareholders of said company:
From News reports, it appears that we have your assurances
that this transaction will have no impact on local rates.
However, on Page 18 of the financial information you sub-
mitted on November 20, 1984, there is no mention of a
proposed change in stockholders' equity. It seems im-
plausible that such a large change in equity position
would have no impact on the financial position of Cox
Cable and hence, on local rates.
It appears from news accounts that Cox Cable is purchasing
the stock of local shareholders. Questions have arisen as
to how the funds to complete this purchase will be generated
Will they be generated from additional debt, from retained
earnings, or, from the issuance of new common stock by the
parent company."
Roger Pierce, Vice President and General Manager of Cox Cable, responded
to Council's inquiries and advised complete financial information could be
made available within a week to City Council.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings, City
Council will RECONSIDER the RESOLUTION AUTHORIZLNG AN INCREASE IN RATES FOR
BASIC SERVICE CRARGED BY COX CABLE VIRGINIA BEACH UNDER CERTAIN TERMS AND
CONDITIONS at the City Council Meeting of February 25, 1985, in order that
Council might be given complete financial information. Councilwoman Oberndorf
requested Cox Cable specifically advise the dividends that were returned to
their stockholders over the eight years, and any other considerations given
to stockholders; i.e, bonuses for new customers added to the cable system
Voting: 6-4
Council Members Voting Aye:
Robert E. Fentress, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Vice Mayor Reba S. McClanan, and Meyera
E. Oberndorf
Cuncil Members Voting Nay:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober,
and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
*Counclman Robert Jones verbally stated he was not voting either AYE or NAY,
since he had not expressed his opinions.
- 32 -
Item II-L. I
NEW BUSINESS ITEM # 23143
RED MILL FARMS
ADD-ON
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED the following Ordinances:
ORDINANCE TO AUTHORIZE ACQUISTION OF PROPERTY
IN FEE SIMPLE FOR RIGHT-OF-WAY FOR REDMILL
FARMS, STREET - SITE ACQUISITON PROJECT 2-024
AND THE ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREEMENT
OR BY CONDEMNATION;
AND,
ORDINANCE TO TRANSFER CAPITAL PROJECT APPRO-
PRIATIONS FOR THE ACQUISITION OF RIGHT-OF-WAY
IN RED MILL FARMS.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba
S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None
January 28, 1985
- 32a -
AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT OF
WAY FOR REDMILL FARMS, STREET - SITE
ACQUISITION PROJECT 2-024 AND THE
ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT OF WAY, EITHER BY
AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and as is
prescribed in Article 7 of Chapter 1 of Title 33.1 (s 33.1-89 et
seq.), or the same as is prescribed in Chapter 1.1 (s 25-46.1 et
seq.) of Title 25, Code of Virginia (1950) as amended, all that
certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans
entitled, Project 2-024 Red Mill Farms Street - Site Acquisition,
these plans being on file in the Office of Real Estate,
Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
APf>r,OVED A5 TO CONTENT
virginia, on the 28 day of January 1985
Ja.u.ry 28,DFbPi@'i@IT
JAR/re
1/28/85
- 32b
AN ORDINANCE TO TRANSFER CAPITAL PROJECT
APPROPROPRIATIONS FOR THE ACQUISITION OF
RIGHT-OF-WAY IN RED MILL FARMS
WHEREAS, the city is presently experiencing heavy growth in the area in
and around the Red Mill Farms subdivision, and
WHEREAS, the Master Street and Highway Plan recommends the addition of
a roadway in that subdivision, and
WHERFAS, the city desires to acquire right-of-way for the roadway at an
estimated cost of $475,000, and
WHEREAS, funds for the acquisition may be transferred from project
2-936 Ferrell Parkway - Phase IB since construction for that project is not sche-
duled to begin until December, 1985, ,
NOW, THERFFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that project 2-024 Red Mill Farms Street - Site Acquisition is hereby
established as a capital project.
BE IT FURTHER ORDAINED that funds in the amount of $475,000 are hereby
I
transferred from project 2-936 Ferrell Parkway - Phase IB to project 2-024 Red
Mill Farms Street - Site Acquisition for right-of-way for road improvements to
the Red Mill Farms subdivision.
Approved by the Council of the City of Virginia Beach on the 28 day
of January 1985.
APPROVED AS -rO CONTENT
January 28, 1985
L-1-ORDIO
- 33 -
Item II-L.2
NEW BUSINESS ITEM # 23144
HOUSE BILL 1769
ADD-ON
The following spoke concerning House Bill 1769:
David Hay, Assistant City Attorney, reviewed House Bill 1769 and reflected the
aim of the BILL was to allow SANDBRIDGE Ocean Front Porperty owners to be exempt
from the regulations of the SAND DUNE Act, but this BILL does not limit itself
solely to SANDBRIDGE BEACH. Assistant City Attorney Hay was also concerned
about the effect this BILL may have on FEMA's endorsement of the Flood Insurance
Program.
Jack Whitney, Chief of Comprehensive Planning, agreed with David Hay's assessments.
This Bill would reduce the jurisdiction of the local WETLANDS BOARD.
Charles Sall6, Assistant City Attorney, referenced discussion with Delegate Owen
Pickett concerning House Bill 1769. He advised Delegate Pickett's opinion was
that this Bill addressed the special situation existing in Sandbridge;however,
Delegate Pickett acknowledged the language of the Bill needed to be modified.
Attorney Robert Cromwell, represented the SANDBRIDGE SHORELINE PROTECTION
GROUP, and supported House Bill 1769.
Dr. Spencer Wise, a representative of the North Virginia Beach Civic League,
analyzed House Bill 1769 was an open attempt to strip the WETLANDS BOARD
of part of its statutory powers.
Erna Rice, President of the South Rudee Shores Civic League supported Dr. Wise's
cormnen ts .She referenced the language of the Resolution is totally inadequate.
Jack Siebert, represented the SANDBRIDGE BEACH RESTORATION ASSOCATION, supported
House Bill 1769, and admitted this BILL was hastily drawn.
Robert W. Winstead, a resident of 3532 Sandfiddler Road, spoke in support of
House Bill 1769, and reiterated Mr. Siebert's comment that the Bill should be
reworded.
Juan Spann, Director of Public Affairs - Tidewater Board of Realtors, noted
their support as well as the Virginia Association of Realtors of House Bill
1769.
Mike Bogese, Jr., a resident of 3536 Sandfiddler Road, noted his support of
House Bill 1769.
Councilwoman Henley referenced the meeting on January 15, 1984 at 9:00 A.M. in
the City Manager's Conference Room with Members of the SANDBRIDGE BEACH RESTORATION
ASSOCIATION, Staff and herself. Mr. Bailey of the Sandbridge Shoreline Protection
Group had indicated he intended to have legislation drafted and introduced in
the General Assembly.
Council was concerned regarding the intent of this Action of House Bill 1769
and expressed their discomfort with the wording of the Bill and what lasting
effect this legislation would have upon the City of Virginia Beach.
A motion was made by Councilman Baum, seconded by Councilman Robert Jones to
ADOPT a Resolution of the Council of the City of Virginia Beach, requesting
that the State General Assembly Kill House Bill 1769.
January 28, 1985
- 34 -
Item II-L.2
NEW BUSINESS ITEM # 23144 (Continued)
HOUSE BILL 1769
ADD-ON
Councilwoman Creech requested that rather than KILLING the Bill in its
entirety, perhaps the City's Staff together with Representative Dicks
could reword HOUSE BILL No. 1769, in a manner so as to afford protection
to the City, as well as offering some support to the people of Sandbridge-
A SUBSTITUTE MOTION was made by Councilamn Jennings, seconded to Councilwoman
Creech, to implement the suggestions of Councilwoman Creech.
Voting: 3-7 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress,
and H. Jack Jennings, Jr.,
Council Members Voting Nay:
John A. Baum, Mayor Harold Heischober, Barbara M. Henley,
Louis R. Jonesl Robert G. Jonesl Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf*
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
Upon motion by Councilman Baum, seconded by Councilman Robert Jones, City Council
ADOPTED a Resolution of the Council of the City of Virginia Beach, Virginia,
requesting that the State General Assembly KILL HOUSE BILL 1769 which would
AMEND and REENACT SECTION 62.1-13.22 of the Code of Virginia exempting certain
oceanfront lots from the regulations of the COASTAL PRLMARY SAND DUNE ACT.
*Verbal Nay. January 28, 1985
- 35 -
Item II-L.2
NEW BUSINESS ITEM # 23144 ((Continued)
Voting: 7-3
Council Members Voting Aye;
John A. Baum, Mayor Harold Heischober, Barbara M. Henley,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech, Robert E. Fentress,
and H. Jack Jennings, Jr.
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
Letter from Robert R. Matthias, Director of Grants, concerning House Bill 1769,
dated January 28, 1985, is hereby made a part of the record.
- 35a -
A RESOLUTION OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, REQUESTING
THAT THE STATE GENERAL ASSEMBLY KILL
HOUSE BILL 1769 WHICH WOULD AMEND AND
REENACT SECTION 62.1-13.22 OF THE CODE
OF VIRGINIA EXEMPTING CERTAIN OCEANFRONT
LOTS FROM THE REGULATIONS OF THE COASTAL
PRIMARY SAND DUNE ACT.
WHEREAS, House Bill 1769 has been introduced in the
virginia General Assembly; and
WHEREAS, this legislation would exempt residential
building lots abutting the Atlantic ocean on which a dwelling was
constructed prior to January 1, 1982, from the Coastal Primary Sand
Dune Protection Act; and
WHEREAS, this may allow for the indiscriminate
construction of bulkheads in the Sandbridge section of Virginia
Beach as well as Croatan Beach and North Virginia Beach; and
WHEREAS, the creation of these structures has been
reviewed by the Virginia Beach Wetlands Board, the Virginia marine
Resources Commission and the Circuit Court of the City of Virginia
Beach and has been found to actually cause severe erosion and
diminish the natural sand replenishment the dunes provide to the
beaches; and
WHEREAS, the construction of bulkheads and other dune
disturbing activities may increase erosion to surrounding
properties; and
WHEREAS, this legislation may also jeopardize agreements
made with the Federal Emergency Management Agency concerning flood
insurance; and
WHEREAS, the City of Virginia Beach Wetlands Board and
the Virginia Marine Resources Commission have proven to be the
appropriate judges of the impacts of dune disturbing activities;
and
WHEREAS, the passage of this legislation would prohibit
their control over such activities.
January 28, 1985
- 35b -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach
requests the Virginia General ASsembly to kill House Bill 1769
which would amend and reenact S 62.1-13.22 of the Code of Virginia
relating to the Coastal Primary Sand Dune Protection Act which
would allow dune disturbinq activities in Sandbridge and other
areas of virginia Beach which may increase the rate of erosion to
the fragile shoreline of virginia Beach.
2. That this Resolution be in effect from and after its
adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, this 28 day of January 1985.
DSH/re
1/28/85
(RES.4)
January 28, 1985
-2-
- 3Y995 SESSION
LD5914546
I H 1769
2 I;ffered January 22, 1985
3A BILL to amend and reen.ct SS 62.1-j3.22 of the Code of Virginia, relating to The Coastal
4 Prim.ry Sand Dune Protection Act., definitions.
5
IPatrons-Dicks,,Pickett, O'Brien, W. R,, Tata, Jones. R. B., Councill, Axselle, Stosch, Marks.
7 Watkins, Parker, L. W., Anderson, C. W., and Stieffen; Senators: Holland, C. A., Gray,
a Russell, R. E., Nolen, and Fears
9
Refeffed to Committee on Conservation and Natural Resources
12 Be it enacted by the General Assembly of Virginia:
13 1. That SS 62.1-13.22 of the Code of Virginia is amended and reenacted as follows:
14 SS 62.1-13.22. Definitions. For the purposes of this chapter, the following words shall have
is the meanings respectively ascribed to them:
16 A. "Commission" means the Virginia Marine Resources Commission.
17 B. "Commissioner" means the Commissioner of the Virginia Marine Resources
18 Commission.
19 C. "County or city" means the governing body of such county or city.
20 D. "Coastal primary sand dune" means a mound of unconsolidated sandy soil which is
21 contiguous to mean high water, whose landward and lateral limits are marked by a change
22 in grade from ten percent or greater to less than ten percent, and upon any part of which
23 is growing as of July 1, 1980, or grows thereon subsequent thereto, any one or more of the
24 following: American beach grass (Ammophilla breviligulata); beach heather (Hudsonia
25 tometosa); dune bean (Strophostylis umbellata var, paludigena); dusty miller (Artemisia
26 stelleriana): -qaltmenfi@.. ta%, fr,2-i-, seabeach sandwort (Arenaria peploides); sea
27 oats (Uniola paniculata); sea rOCKet (Cakile edentula); seaside goldenrod (Soiidago
28 sempervirens); and short dune grass (Panicum ararum). For purposes of this chapter.
29 "coastal primary sand dune" shall not include any mound of sand, sandy soil or dredge soil
30 which has been deposited by man for the purpose of the temporary storage of such
31 material for later use. The area u-ithin residential bijilding lots obtilting the Atlantic Ocean
32 sho",n on st4bdivision plats rec-ordtd prit)r to Jantiar%, 1. 1970. on i,*ich a dt4@elling exists
33 as of Januapj, 1. 1985 and u,as constrijcted prior to Jani4arv, 1. 1.98Z shall not be subject
34 to the provi.-;ions of this chapter.
35 E. "Coastal primary sand dune zoning ordinance" means that ordinance set forth in SS
36 62.1-13.25 of this Code.
37 F. "Governmental activity" means any or all of the services provided by the
38 Commonwealth or a county or city to its citizens for the purpose of maintaining public
39 facilities and shall include but not be limited to such services as constructing, repairing and
40 maintaining roads, sewage facilities, supplying and treating water, street lights and
41 constructing public buildings.
42 G. "Reach" means a coastal segment of sandy beach fronting on the Chesapeake Bay
43 (i) upon which there is mutual interaction of the forces of erosion, sediment transport and
44 accretion, (ii) whose landward limit, where no COaStal primary sand dune can be identified,
House Bill. No. 1769 2
1 is defined by the nearest man-made impermeable structure or structures similarly located
2 where a proposed structure is contemplated, or roads or bulkheads and (iii) lies within a
3 county, city or town which is receiving or has received funds under the provisions of
4 Chapter 21 (SS 10-215 et seq.) of Title 10 of the Code. Whenever coastal piimary sand dun'es
5 are referred to in this chapter such reference shall also include reaches.
6
7
9
- 36 -
Item II-L.2b
UNFINISHED BUSINESS ITEM # 23145
HOUSE BILL 1457
ADD ON
The following spoke concerning House Bill 1457:
Dr. Spencer Wise, a representative of the North Virginia Beach Civic League,
stated the League's OPPOSITION to Bill 1457. This Bill does nothing to protect
the natural dunes and gives unlimited powers to obtain sand. in addition,
it permits the creation of the ATLANTIC PUBLIC BF-ACH EROSION COMMISSION, which is
allowed to build any type of structure on the Beach.
The City Manager referenced letter from Robert R. Matthias, Director of Grants,
dated January 28, 1985, offering an explanation of House Bill 1457. (Said letter
is hereby made a part of the record).
Jane Purrington, Member of the WETLANDS BOARD, requested Council's consideration
in sending City Attorneys Hay and Salle' to Richmond to convey concerns expressed
at this Council Meeting.
The City Manager advised as a result of City Council's request, the staff will
keep them advised regarding House Bill 1457 and House Bill 1769
Upon motion by Baum, seconded by Councilwoman Oberndorf, City Council
ADOPTED a Resolution of the Council of the City of Virginia Beach requesting
that the Virginia General Assembly KILL HOUSE BILL 1457 which would AMEND AND
REENACT SECTION 62.1-153 and SECTION 62.1-154 of the Code of Virginia which would
create THE ATLANTIC PUBLIC BEACH EROSION COMMISSION.
Voting: 9-1
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, Vice Mayor Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 28, 1985
- 36a -
A RESOLUTION OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH REQUESTING THAT THE
VIRGINIA GENERAL ASSEMBLY KILL HOUSE
BILL 1457 WHICH WOULD AMEND AND REENACT
SECTION 62.1-153 AND SECTION 62.1-154 OF
THE CODE OF VIRGINIA WHICH WOULD CREATE
THE ATLANTIC PUBLIC BEACH EROSION
COMMISSION.
WHEREAS, legislation has been introduced in the General
Assembly to create the Atlantic Public Beach Erosion Commission,
said Commission to have the purpose of stopping, impeding, or
correcting erosion on the public beaches of the Commonwealth along
the Atlantic Coast south of Chesapeake Bay, to the exclusion of any
other aqency of the Commonwealth; and
WHEREAS, the City of Virqinia Beach, the Corps of
Engineers, the Virginia Beach Erosion Commission and the Virginia
Public Beach Commission have developed a good working relationship
that has been successful in using the limited resources available
to control erosion; and
WHEREAS, the creation of the Atlantic Public Beach
Erosion Commission would probably preclude the participation by the
State through the Virginia Beach Commission in the form of funding
for erosion control and abatement; and
WHEREAS, this legislation could preclude the Virginia
Beach Wetlands Board and the Virginia Marine Resources Commission
from the review process for erosion abatement and control
measures.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the Council of the City of Virginia Beach
requests that the State General Assembly kill House Bill 1457 which
would amend and reenact 5 62.1-153 and S 62.1-154 of the Code of
Virginia which would create the Atlantic Public Beach Erosion
Commission, the creation of such commission would be injurious
January 28, 1985
- 36b -
to the heretofore effective utilization of scarce financial
resources used to protect the City's resort strip beaches which
provide significant amounts of tax revenue to the State and the
City.
2. This Resolution shall be in effect from and after its
adoption.
Adopted by the Council of the City of virginia Beach,
28 January
Virginia, this day of 1985.
DSH/re
1/28/85
(RES.4)
January 28, 1985
-2-
36c -
1985 SESSION
LD6562546
I HOUSE BILL NO. 1457
2 Offered January 21, 1985
3 A BILL to omend and reenact SSSS 62.1-153 and 62.1-154 of the Code of Virginia. relating to
4 the Atlantic Public Beach Erosion Commission.
Patrons-Pickett, McC]anan, O'Brien, W. R., and Tata
7
8 Referred to the Commiftee on Conservation and Natural Resources
9
is Be it enacted by the General Assembly of Virginia:
11 1. That SSSS 62.1-153 and 62.1-154 of the Code of Virginia are amended and reenacted as
12 follows:
13 CHAPTER 12.
14 ALTANTIC PUBLIC BEACH EROSroN COMMISSION.
is SS 62.1-153. Creation of Commission; menibers, officers and. agents; quorum.-A
16 commission is hereby created toF the eity e4 Vi@n4a Reaeh to be known as the %tifgonia
17 Atlantic Public Beach Erosion Commission which is to be composed of five members to be
19 appointed by the Governor. All the MW members of the Commission shall be citizens of
19 the @ of VmFginia Reaeb city in which a majority portion of the public beach in the
20 Commonwealth along the Atlantic coast is located . @ The members of the U"
21 Commission shall be appointed for a term of We yeafs and thfee mefnbefs of the saM
22 Gemmisrien M" be appainted lff a k4!m of four years. @ the eXpiFaleen of tM tefffi
23 of tke membefs appairted fff We years, @ suceessefs shall be appo'nted tOF a TORN Of
24 @ yeafs. The sa4d Commission shall be a body corporate invested with .the rights, powers
25 and authority and charged with the duties set forth in this chapter. The Commission may
26 elect one of its members as chairman and may appoint such officers and agents as it may
27 require. A majority of the members of the Commission shall constitute a quorum.
28 SS 62.1-154. Powers, functions and duties.-The V6Fgin;a Atlantic Public Beach Erosion
29 Commission hereby created shall have all the powers necessary and convenient to carry
30 out the purposes for which it is created, including the following powers in addition to
31 others herein granted:
32 (a) To sue and be sued; to have a seal and to alter same at pleasure; to have
33 perpetual succession; to acquire, purchase, sell, lease or otherwise dispose of real or
34 personal property, provided that such action is necessary to and consistent with the
35 purposes for which the Commission is created; to make and execute instruments necessary
36 and cunvenient to the exercise of the powers of the Commission; and to make and from
37 time to time amend and repeal bylaws, rules and regulations not inconsistent with law to
38 carry out the general purposes of the Commission.
39 (b) The general purpose of the Commission hereby created is to stop, impede or
40 correct erosion of the public beach in the Commonwealth along the Atlantic coast to the
41 exclusion of any other agency of the Co"tnionucalth in the C4ty of ;'iFg4n-a Reaeh
42 Commonwealth south of the Chesapeake Day , and to this end, the saw Commission shall
43 have power to erect, construct and maintain jetlies, groins, seawalls. to pump or otherwise
44 place sand or any kind of material upon the beach for the purpose of correcting or
... L'U. lli)i L
I controlling erosion;,to acquire land, rights-of-way, sand, or any kind of material to attain or
2 carry out the objects of the Commission; to improve, beautify, maintain and preserve the
3 essan @ in the @ of V!Fginis Reaeb Public beach in the Common@ith along the
4 Atlantic Coast south of the Chesapeake Day ; and to provide for the construction,
5 reconstruction, improvement, alteration, repair, or replacement of any jetty, groin, seawall,
I sand or other material.
7 (c) To contract with any person, firm or corporation for the performance of such act
8 or acts necessary to carry out the purposes for which the Commission Is created.
0 (d) The council of Ow any city niay appropriate such funds to the said Commission as
11 it deems necessary to carry out the purposes for which this Commission is created.
11 (e) The Commission may accept and expend to cany out the purposes of this chapter
3 7
Item II-L.3
NEW BUSINESS ITEM 23146
LEGISLATIVE UPDATE
ADD-ON
The City Manager, as per Council's request, will provide a LEGISLATIVE UPDATE
on February 4, 1985, at 12:30 p.m., prior to the EXECUTIVE SESSION.
NEW BUSINESS ITEM # 23147
VIRGINIA MUNICIPAL LEAGUE
LEGISLATIVE MEETING
ADD-ON
The City Manager advised of the VIRGINIA MUNICIPAL LF-AGUE LEGISLATIVE Meeting
on February 7, 1985 and Dinner with Legislators. Only three confirmations
have been received from Council.
NEW BUSINESS ITEM # 23148
CONGRESSIONAL STAFF
REVIEW
ADD-ON
The City Manager referenced the Congressional Staff will examine some of the
CORPS projects around the middle of February rather than the First of the
Month.
NEW BUSINESS ITEM # 23149
DRAINAGE PRESENTATION
ADD-ON
The City Manager informed City Council that Staff will be making a presentation
concerning DRAINAGE on February 25, 1985, at 5:00 p.m., prior to City Council's
EXECUTIVE SESSION
January 28, 1985
- 38 -
Item II-M.
RECESS FOR COUNCIL
APPOINTEE EVALUATION ITEM # 23150
By CONSENSUS, City Council DEFERRED until the City Council Meeting of
Feburary 4, 1985, COUNCIL APPOINTEE EVALUATION.
January 28, 1985
3 9
Item II-N.1
ADJOURNEMENT ITEM 23151
Upon motion by Councilman Robert Jones, seconded by Councilman Jennings, City
Council ADJOURNED the meeting at 10:55 p.m.
VotiTig: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentressl Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
Beverly 0. Hooks
Chief Deputy City Clerk
Ri cmc May,o-r Harol&-H
City Clerk
City of Virginia Beach
Virginia
*Verbal Aye
January 28, 1985