JANUARY 23, 1984 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUI.$ R. 10,'IES, B@,,@id@ B,,,.,,b
VICE-AIAYOR 13ARBARA Al. IIENLEY, P,,.g@ B@,..gh
JOI/,V A. BA(IM,
,VA,VCY A. GREECII. A, i,.,g@
IIAROLD IIEISCIIO13ER, A, L.,g@
H. JACK jl:NVi,V(;S, JR., l,y..b.,,@,, B.,.,,b
ROBERT G. JONES, Al L,,,g.
W. 11. K17CIIIN. Ill, 81-lb
REBA S. CLANAN. A,,@@ B.,..gh 212 CITY IlAiL BUILDING
1. IIENRY AI,COY. JR.. K@.p@,@ill, Mtl,41CII'AL CEN7ER
MEYERA E. 013ERNDORF, At L,,,g, VIR(;IIiIA BEACII, VIRGINIA 23456
RIJTII IIOD(;ES SAIITII, CMC, City Cl,,k fSO4) 427-4303
CITY COUNCIL AGENDA
January 23, 1984
ITEM I. SESSION: 4:30 p.m-
A. TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C . MOTION TC) RECESS ItYfO INFO@/EKFCUfIVE SESSICQ
D. PREsEvrATioN/DIsaiSSIoN OF PERTI@ nkTrr@,Rs
1. Matters for discussion by Mayor.
2. matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Briefing on Scenic Eas@ts: Presentation by Mr. Rober-t J.
Scott, Director of Departmnt of Planning
2. Interim Financial Stat@ts for July 1, 1963, through
December 31, 1983: Discussion by Mr. Giles G. Dodd, Director
of Department of Finance.
3. Capital Project Status Report for Period Er-,ding December 31,
1983: Discussion by Mr. Giles G. Dcdd, Director of
Department of Firiance.
4. Review of Consent Agenda.
ITFM II. FORMAL SESSICN: 7;00 p.m.
A. IWOCATICN: Reverend Rober-t C. Schoof, Pastor
New Covenant Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE @ OF THL UNITED STATES OF AMERICA
C. ELECRRONIC ROLL CALL OF OC)UNCIL
D. MM= OF PRLVIOUS M=ING:
1. Motion to accept/approve the Minutes of Janiary 16, 1984
E. PROCLAMATION
1. "MAI Auereness Week" - MaLrch 24-25, 1984
F. PRESENTATIONS
1. Virginia Beach Jaycees: "@ OF HOPE"
2. Virginia Beach Clean ty ssion:
a. Governor's A@ of Excellence for i Clean Virginia
Ccnuunity.
b. 1984 Keep Amrica Beautiful Week Citation
c. Indepencl@,nce Junior High School - Recycling Project
3. Resolutions of Appreciation:
a. Duncan Wallace, M.D. - School Board
b. Anthony Bruder, PH.D. Ccmnunity Corrections Resource
Bc)ar(i
G. PUBLIC HEARING:
1. Outreach for Christ, Inc. Tax Ex@ion
H. RESOLUTIONS:
1. Resolution supporting the request by tlie Outreach for
Christ, Inc. to General Assembly for desigr@tion of proe>erty
to be exempted frcrn taxation pursuant to Article X, SS6(a)
(6) of the Constitution of Virginia.
2. Resolution declaring the area east of 13easley Drive to
Thalia Creek and bordered by Virginia BezLch Boulevared on
the north and Southern Boulevard on the south as suitable
for apartrnent developmnt.
I. ORDINANCES:
1. Ordinance to amend and reordain Section 38.-6 of the Code of
the City of Virginia Beach, Virginia, pp-.r-taining to the
permits for purchases of certairi weapons.
J. CONSENT AG@
All matters listed under the Cc)nsent Agenda E@re considered in
the ordinary course of business by City Cc)Luicil and will be
enacted by one @ion in the form listed. There will be no
separate discussion of these it@ . If discussion is desired,
that item will be removed frorn the Consent Agenda and considered
separately.
1. Resolution of Appreciation in Recognition:
a. Duncan Wallace, M.D. - School Board
b. Anthony Bruder, PH.D. - @ity Corrections Resource
Board
2. Resolution authorizing the City Manager to execute an
agreem,nt with Carolina and Northwestern R-3Lilway ccmpany to
provide that the city agrees to maintain a grade crossing
at Diamond Springs Road. (EURPAC Service, Inc.)
3. Ordinance to aniend and reordain Section 5-71 of the Code of
the City of Virginia Beach, Virginia, pertaining to
dispostion of unrede@ aniuals. (This rmtter deferred for
t%o weeks on January 9, 1984. It is requested that Council
defer for an additionall t%D @eks for further review.)
4. Ordinance, on SECOND READING, approprial.ing Six Million
Forty Thousand Sixty-Eight Dollars ($6,040,068) for various
Engineering and Highvays, and Building ilrojects (Revenue
Sharing Allocation)
5. Ordinance appointing View-rs in the petition of Daniel A.
Pierro for the closure of a portion of First Street
(Kewsville Borough).
6. Bingo/Raffle Perndt. Kellam Band Parents' Association
Bingo Permit: Ronia Lodge 254
7. Tax Refunds: $3,405.46
K. P
1. Application of R. G. Moore Building Corporation for changes
of zoning from R-5 Residential District to A-1 Apartment
i@strict on cer-tain property located along the east side of
Indian River Road, south of Lynnhaven Parkaay. Said parcel
contains 23.7 acres. (KeWsville Borough) (This raatter uus
deferred for one wek on January 16, 1984).
a. Letter from the City Manager transniits the
reca@ndation of the Planning ssion for approval.
2. Application of Elenore D. Wright for a chan2e of zoning from
R-6 Residential District to 0-1 Office District on a 7,637-
square fcot parcel located at the north@st corner of Laurel
Lane (Lymhaven Borough).
a. Letter from the City mamger transnlits the
r@ndation of the PlaLming ConiTiission to ailow
withdraval of the applicaltion.
3. Application of EaLrle W. Greene for a diange of zoning from
0-1 office District to B-2 @ity-Business District on a
one-acre parcel located along the east of KEnpsville Road,
north of Indian River Road (Kenpsville Borough).
a. Letter from the city manager transmits the
reccmendation of the Planning ssion for approval.
4. Application of Colonial Self Storage for z@ conditional use
permit for nlini-@ehouses on a 2.1 acr@- parcel located
along the (-ast side of Kenpsville Road, north of Indian
River Road (K @ sville Borough).
a. Letter frorn the City Manager tr ts the
recommndation of the Planning Ccmissi@Dn for approval.
5. Application of Edvard S. Stein for a condi-ional use pennit
for a recreational facility of an outdoor nature on a 14.9
acre oarcel located along the east side o-@ South Lynnhaven
Road, north of Hcmspun Avenue (Lynnhaven Borough).
a. Letter f r(xn the City Manager transndts the
rec@dation of the Plannilig Cow@ission to allow
withdraual of the application.
6. Application of GW-Dan, Inc. for a conditional use @t
for a motel (increase of allovable density/hei4 of
buildingTo-n a 1.07-acre parcel located at the northeast
corner of 21st Street and Arctic Avenue (Virginia Beach
Borough).
a. @tter from the City Manager tr ts the
r ndation of the Plaming Ccmnission for approval.
7. ordirkince to @d and reordain the Subd--Lvision ordinance
pertaining to plat fees, Section 8.1.
a. Letter from the City Manager transndts the
re@ndation of the Planning ssion for approval.
8. Ordinances to @nd and reord@ the @:)rehensive Zoning
ordirkLnce:
a. Ar-ticle 1, Section 111, pertaining to definitions.
b. Article 2, Section 221(b), pertaining to fees for
conditional use permits.
Letters from the City Manager transmit the
reccmnendations of the Plarn-iing (@ssion for
approval.
9. ordinances to amend and reordain the Comprehensive Zoning
ordiriance.
a. Article 1, Section 102, pertaining to Allowed uses.
b. Article 2, Par-t D, Sections 240, 241, and 242 pertaining
to performance standards.
c. Article 9, Sections 911(aL)(8) and 911(c)(1) pertaining
to Use Regulations for @rcial Amusemnt Facilities
and Amuseinent Arcades in the B-2 C:@ity-Business
District.
Letter frorn the City Attorney reconnends deferral
for two %eeks of the amendments to Article 1,
Section 102; Article 2, Part D, Sections 240, 241,
and 242; and, Article 9, Sections 911(a)(8) and
911 (c)(11).
L. APPOINTMENT'S:
1. PD-H 2 Overlay Task Force
M. UNFINISHED BUSINESS
1. Capital I@rov@nts Program - Sandbridge S-@ Phase I
N. NEW BUSINESS
0 - ADJOU@
- 10 -
Item II-D. 1
MINUTES ITEM # 21323
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf,
City Council APPROVED the Minutes of January 23, 1984, with corrections
as follows:
Page 28 - Item # 21287 (application of Earle W.
Greene for a Change of Zoning from
0-1 to B-2)
ADD a second condition as follows:
2. Vacation of Lot Lines.
Page 38 - Item # 21295 (Automated Services
Division, Data Processing)
ADD to the second paragraph, second
line, after the word "second", a
new sentence as follows:
Councilman Jones withdrew his motion.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None February 06, 1984
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 23, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, January 23, 1984, at Four-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan,
J. Henry McCoy, Jr. D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
January 23, 1984
- 2 -
ITEM # 21258
Mayor Jones entertained a motion to permit Council to conduct its EXECUTIVE
SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the
following purposes, to be followed by the INFORMAL SESSION.
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 conditi-on, 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 insti-
tution which could affect the value of property owned
or desirable for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or
@riefings 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, seconded by Vice Mayor Henley, City Council
voted to proceed into the EXECUTIVE SESSION, at Four Thi.rty-Five in the
afternoon, to be followed by the TNFORMAL SESSION.
Voting-. 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None January 23, 1984
-3-
RECONVENING OF
CITY COUNCIL
FOR INFORMAL
SESSION ITEM # 21259
Council RECONVENED for the INFORMAL SESSION at Six Thirty in the evening.
January 23, 1984
-4-
M A T T E R S B Y C 0 U N C I L
FRANCIS LAND HOUSE ITEM # 21260
Vice Mayor Henley requested the Staff present Council with an update on
the Francis Land House.
ATLANTIC AVENUE
BEAUTIFICATION ITEM # 21261
Councilman Robert Jones suggested an Advisory Committee be formed to evaluate
the Atlantic Avenue Beautification project. He requested this be placed on
the Agenda February 6, 1984.
KEMPSVlLLE GOLF COURSE ITEM # 21262
Councilman McCoy advised Council that he bad received a letter from
R. G. Moore, President, R. G. Moore Building Corporation, indicating
the intention of he and his wife, Frances, to dedicate the Kempsville
Meadows Golf Course to tbe City (when all work is completed which is
anticipated to be accomplished during early 1985, at no cost to the City).
Said letter from Mr. Moore is hereby made a part of tbe record.
A Resolution to this effect will be on the February 6, 1984 Agenda.
January 23, 1984
-5-
M A T T E R S B Y T H E C I T Y M A N A G E R
SCENIC EASFIIENTS ITEM # 21263
City Manager Muehlenbeck advised that Council had previously received
a memorandum from Planning Director Robert Scott containing information
relative to scenic easements.
In response to Council's request, Mr. Scott made a presentation in which
additional background information was given.
Scenic easements (adjacent to some of the major rights-of-way, the purpose
of which is to provide a buffer on the road) that have been acquired by
the City first appeared on the Master Transportation Plan on June 14, 1971.
Ten-, twenty-five- and fifty-foot easements were specified on many major
roadways throughout the City from 1971 through 1981 and have been maintained.
The Master Street and Highway Plan was amended July 1981 regarding this.
Mr. Scott presented a graphic map depicting certain roads/streets with
scenic easements:
1. Ferrell Parkway (Interstate 64 to Sandbridge).
2. General Booth Boulevard from Rudee Inlet Bridge to
Ferrell Parkway.
3. Independence Boulevard from Edwin Drive to the
Chesapeake City line.
4. London Bridge Road to the point of intersection
with Ferrell Parkway.
Easement requirements are now different than they were under the original
plan.
1. Certain streets originally on the Plan were removed from the
Plan because there was no opportunity to acquire them.
2. In 1981, no reason could be found why some easements
should be larger than others.
3. An easement, itself, only seemed to address part of the
problem.
City Council adopted Standards for Landscaping in July 1981.
Easements may be provided by purchasing:
1. 50-foot easement with no landscaping;
2. 20-foot easement with certain degree of landscaping;
3. 10-foot easement with more intensive landscaping.
The provider of an easement is at liberty to choose either of the above
three options.
An easement is normally provided on the Subdivision Plat if it is affected.
Scenic easements are provided on heavily traveled roads which are not expected
to become cormnercialized.
Councilwoman Oberndorf requested the Staff review the landscaping plan
(wherein berms are utilized) used by the city of Charlotte, North Carolina.
January 23, 1984
-6-
M A T T E R S B Y T H E C I T Y M A N A G E R
INTERIM FINANCIAL
STAT @ NTS 1TEM # 21264
Interim Financial Statements for July 1, 1983 through December 31, 1983
were presented to Council Members. City Manager Muehlenbeck conmented
that the figures contained in the Interim Financial Statements were
"on target", with the exception of the cigarette tax which continues to
be lower than estimated. Other revenues are slightly better than anticipated.
(Said Statements are hereby made a part of the record.)
CAPITAL PROJECT STATUS
REPORT ITEM # 21265
The Capital Project Status Report for the period ending December 31, 1983
was presented to Council Members and is hereby made a part of the record.
REVIEW OF CONSENT AGENDA ITEM # 21266
City Manager Muehlenbeck advised that a two-week defement (for further
Staff review) was being requested for Item II-J.3 of the Consent Agenda
(pertaining to disposition of unredeemed animals).
January 23, 1984
7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CTTY COUNCIL
Virginia Beach, Virginia
January 23, 1984
7:00 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W.H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Robert C. Schoof, Pastor
New Covenant Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 23, 1984
Item 11-D.1
MINUTES ITEM # 21267
Upon motion by Councilwoman Creech, seconded by Councilman Robert Jones,
City Council APPROVED the Minutes of January 16, 1984.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-9-
Item II-E.1
PROCLAMATION ITEM # 21268
Mayor Louis Jones proclaimed tbe weekend of March 24-25, 1984 as:
MIA AWARENESS WEEKEND
Present to accept the Proclamation was Gary McIntyre, Chapter 36 President
of the Virginia Beach Jaycees. Other members of the Virginia Beach Jaycees
were present, among whom were Treasurer Bruce McKinney and Secretary Jim Davis.
January 23, 1984
-9a-
WHEREAS, United State,6 ttoop,6 wie withd4awn 6,iom the Repubtic
oA South Vietnam in Ma4ch 1973; and
WHEREAS, to date, 2,494 United State4 Ae4vice pe4,6onnet a4e
4titt ti4ted aA mi,6zing in action aA a 4e,6utt oA the Vietnam con-
Atict; and
WHEREAS, a ta4ge numbe4 o6 the4e men a4e ti,6ted a-6 4e4ident,6
o6 the Tidemte4 a4ea and Atitt have AamitieA in and a4ound the
City oi ViAginia Beach; and
WHEREAS, the U. S. goveanment ha@ Jaited to a66ectuate the
4eteaze o6 theae men o4 inAoAmation conce4ning thei4 whe4eabou"
and cmtt-being; and
WHEREAS, the Vi4ginia Beach JayceeA a4e Apon6o4ing MIA AunAe-
neAA Weekend on Ma4ch 24 and 25, 1984, to 4ai-6e the attention o4
the community and the mation conceininq the ptight oA the-6e U.S.
4e4vicemen and thei4 Aamitie,6; and
WHEREAS, the City o6 Vi4ginia Beach apptaud4 the e66o4t,6 oA
the Vi4ginia Beach Jaycee,6 in thei4 attempt to 4e,6otve the que,6tionz
4e,6pecting the 6ate oi the MIAI,6.
NOW, THEREFORE, 1, Loui4 R. JoneA, Mayo4 o6 the City 06 Vi4ginia
Beach do he4eby p4octaim Ma4ch 24-25, 1984 a,5
MIA AWARENESS WEEKENV
in the City o6 Vi4ginia Beach and AequeAt the City Cte4k to 4end
a ce4ti6ied copy oA thi,6 P4octamation to the Vi4ginia Beach dete-
gation in the United State,6 Cong4e,6,6.
Given unde4 my hand and 4eat this t"nty-thi4d day o4 Janua4y,
nineteen hund4ed and eight-Aou4.
Loui,6 R. Jone,6
Mayo4
lvv
January 23, 1984
-10-
Item II-E.2
ADD-ON
PROCLAMATION ITE4 # 21269
Mayor Louis Jones proclaimed Monday, January 23, 1984 as:
JAYCEE RECOGNITION DAY
Present to accept the Proclamation was Gary McIntyre, Chapter 36 President
of the Virginia Beach Jaycees. Other members of the Virginia Beach Jaycees
were present, among whom were Treasurer Bruce McKinney and Secretary Jim Davis.
January 23, 1984
-10a-
P R 0 C L A M A T I 0 N
WHEREAS, the Virginia Beach Jaycees, a leadership training
organization for young men and women, was established by charter in 1948
by the Norfolk Jaycees; and,
WHEREAS, the Virginia Beach Jaycees currently has 159 members from
throughout Virginia Beacb and surrounding cities; and,
WHEREAS, the Jaycees are well known for their service to the
community through various projects such as Camp Virginia Jaycee, wbich serves
the mentally retarded; a talent show for handicapped children; a Christmas
shopping tour and party for underprivileged children; a camping trip
for fatherless boys; home winterization programs for senior citizens; and,
the East Coast Surfing Championship; and,
WHERF.AS, last week was Jaycee Week, and the week's activities
included recognizing outstanding young Virginia Beach citizens, including
Robert Poyner, Outstanding Young Man; Donna Brehm, Outstanding Young Woman;
Curtis Crigler, Outstanding Young Firefighter; Lewis Thurston, Outstanding
Young Law Enforcement Officer; Barry Knight, Outstanding Young Farmer;
and, David Pace, Outstanding Young Educator; and,
WHEREAS, during Jaycee Week, a new chapter, consisting of past
presidents and life members, was created called "The Exhausted Roosters", and
later that night a grand finale dinner was held with all present and past
Jaycees.
NOW, THEREFORE, I, Louis R. Jones, Mayor of the City of Virginia
Beach, do hereby proclaim Monday, January 23, 1984 as
JAYCEE RECOGNITION DAY
and commend the Virginia Beach Jaycees for their dedicated service to our
less fortunate citizens and also for their efforts in molding the future
leaders of our City.
Louis R. Jones
Mayor
January 23, 1984
Item II-F. I
PRESENTATION ITEM # 21270
Jim Davis, Secretary of the Virginia Beach Jaycees, stated that due to
the plea of Mrs. Seay for the prospect of relighting the FLAME OF HOPE
(located at Oceana Observation Park in Virginia Beach) in memory of
the MIA's ("Missing in Action"), the Jaycees voted to observe the week-
end of March 24-25, 1984 as "MIA Awareness Weekend" (see Item II-E.1)
which will culminate on March 25 with the relighting of the FLAME OF HOPE.
With Mr. Davis were other members of the Virginia Beach Jaycees, among whom
were Chapter 36 President Gary McIntyre and Treasurer Bruce McKinney.
January 23, 1984
-12-
Item II-F.2
PRESENTATIONS ITEM # 21271
Mrs. Donna Ponti, Executive Coordinator of the Virginia Beach Clean
Community Commission, made the following presentations to Mayor Jones:
GOVERNOR'S AWARD OF EXCELLENCE FOR A CLEAN VIRGINIA COMMUNITY (designates
the Virginia Beach Program as one of the top programs in the Commonwealth
of Virginia)
A N D,
1983 KEEP AMERICA BEAUTIFUL WEEK CITATTON (for outstanding acbievement
which the City of Virginia Beach received for its joint efforts with other
"Clean Communities" of Hampton Roads)
With Mrs. Ponti was Mary Watkins (Health teacher at Independence Junior
High School) wbose students (Tonya Sutton, Bonnie Shodd, Adam Mush and
Gabe Potter) presented a check in the amount of Fifty Dollars ($50) to
Mayor Jones for monies received as a result of their efforts to recycle
aluminum, thereby he]-ping to keep the City clean. Mrs. Watkins praised
her students for their diligent work as well as expressed deep appreciation
to Mrs. Ponti who was instrumental in helping to coordinate the first
project of such a nature by her class. Mrs. Watkins expressed gratitude
to Mr. McCorkle of Reynolds Aluminum and Mr. Simon of Tidewater Fiber.
Mayor Jones graciously accepted the check (made payable to the Treasurer,
City of Virginia Beach) and expressed his appreciation for the efforts
of everyone concerned to help keep the City of Virginia Beach beautiful.
Mayor Jones presented Mrs. Watkins' class with a plaque which read as follows:
"City of Virginia Beach
"Mrs. Watkins' seventh grade Health Class, Independence Junior High School
"is hereby awarded this Certificate of Recognition presented this Twenty-
"Third day of January, Nineteen Hundred Eighty-Four, for active participation
"in the Virginia Beach Clean Community Program - Recycling Project -
,'sponsored by the Mayor's Clean Community Commission."
The plaque was signed by Mayor Louis R. Jones and Acting Chairman of the
Virginia Beach Clean Commission Bartow H. Bridges, Jr.
January 23, 1984
-13-
Item 11-F.3
RESOLUTIONS OF APPRECIATION ITEM # 21272
Mayor Louis Jones presented RESOLUTIONS OF APPRECIATION to:
DUNCAN WALLACE, M.D. Served as a Member of the Community Corrections
Resource Board for two years in bebalf of the
City of Virginia Beach.
A N D,
ANTHONY BRUDER, Ph.D. Served as a Member of the School Board for
six years in behalf of the City of Virginia Beach.
January 23, 1984
-14-
Item II-G.
PUBLIC HEARING ITEM # 21273
Mayor Jones declared a Public Hearing on:
OUTREACH FOR CHRIST, INC. (Tax Exemption)
Mr. Wayne Skinner represented Outreach for Christ, Inc. and presented
Council with materials pertinent to the request for tax exemption. Said
material is hereby made a part of the record. Council's attention was
directed to a letter from Sheriff Joe Smith expressing his support of
the subject request. (Said letter is hereby made a part of the record.)
Speakers on behalf of Outreach for Christ, Tnc.:
Mathew Farmer, Administrator, Medi-Center
Reverend Mark Wilson, Pastor of Virginia Beach Alliance Church
(representing supporting churches)
Dave Ramsey, Owner, Architectural Graphics (representing supporting businesses)
Jimmy Spake (representing street ministries)
Mrs. Mary Kane (representing elderly ministries)
Harry Turner, Vice President, CBN (representing "other" ministries)
Mark Scharfe (recipient of aid through Outreach for Christ, Inc.)
Eliner K. Malen-doski (volunteer worker with Outreach for Christ, Inc.)
Tom Tracy, Owner, Designers of Virginia (Landscaping firm) (one of the firms
which perform work for Outreach for Christ, Inc.)
There being no other speakers, the Public Hearing was closed by Mayor Jones.
January 23, 1984
-15-
Item 11-H.1
RESOLUTION ITEM # 21"74
Wayne Skinner represented Outreach for Christ, Inc.
A motion was made by Councilman Jennings to adopt a Resolution supporting
the request by the OUTREACH FOR CHRIST, INC. to the General Assembly for
designation of property to be exempted from taxation pursuant to Article X,
6(a)(6) of the Constitution of Virginia. There was no second to the motion;
therefore, no action was taken by Council.
A Public Hearing was held on this issue this date (see Item 11-G.1).
January 23, 1984
-15a-
A RESOLUTION SUPPORTING THE REQUEST BY
THE OUTREACH FOR CHRIST, INC. TO
GENERAL ASSEMBLY FOR DESIGNATION OF
PROPERTY TO BE EXEMPTED FROM TAXATION
PURSUANT TO ARTICLE X, SS6(a)(6) OF THE
CONSTITUTION OF VIRGINIA.
WHEREAS, Outreach For Christ, Inc. has requested that
the General Assembly enact legislation designating certain
property belonging to such organization as exempt from taxation
pursuant to Article X, S6(a)(6) of the Constitution of Virginia;
and
WHEREAS, as required by SS30-19.04, Code of Virginia
(1950), as amended, a public hearing has been held by the Council
of the City of Virginia Beach with respect to such request; and
WHEREAS, all the provisions of subsection B of
SS30-19.04, Code of Virginia (1950), as amended, have been fully
examined and considered by the Council of the City of Virginia
Beach with respect to such request.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that it hereby supports the
request by Outreach For Christ, inc. to the General Assembly for
legislation designating certain property of such organization as
exempt from taxation pursuant to Article X, S6(a)(6) of the
Constitution of Virginia.
Adopted by the City Council of the City of Virginia
Beach, Virginia, on the day of 1983.
MES/re
0 3/0 3/8 3
1/17/84
RES.2
-16-
Item II-H.2
RESOLUTION ITEM # 21275
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy,
City Council ADOPTED a Resolution declaring the area east of Beasley Drive
to Thalia Creek and bordered by Virginia Beach Boulevard on the north
and Southern Boulevard on the south as suitable for apartment development.
Said Resolution is to be forwarded to the Planning Commission for its
consideration in developing the Comprehensive Plan (City policy).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-16a-
Requested by: Councilmember Meyera Oberndorf
R E S 0 L U T I 0 N
WHEREAS, the area commonly known and referred to as the
Pembroke central business district is zoned B-3, and primarily for
high density commercial and office developmelit; and
WHEREAS, the City of Virginia Beach intends to install
an intensive transportation system and series of road improvements
to serve the high density development in this area; and
WHEREAS, it is recognized that, to a lindted extent,
apartment development is compatible with high density conumercial
and office development; and
WHEREAS, it is the opinion of City Council that apartment
development in the Pembroke central business district east of
Beasley Drive would be compatible with high density commercial and
office development west of Beasley Drive.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT only that area east of Beasley Drive to Thalia
Creek and bordered by Virginia Beach Boulevard on the North and
Southern Boulevard on the South is hereby declared as suitable
for apartment development.
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to the Planning Commission for its consideration in
developing the Comprehensive Plan.
,7DB:er
1-18-84
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-Third day of January, Nineteen Hundred and Eighty-Four. 1/23/84
-17-
Item II-I.1
ORDINANCE ITEM # 21276
Speakers in opposition:
William F. Caton
Harry Dwyer, President, Virginia Beach Rifle and Pistol Club
Macon Salter, Virginia Beach Rifle and Pistol Club
Dr. George Stallings, Pastor, First Colonial Baptist Church
J. R. White, Jr.
Jeffry Hanson
A motion was made by Councilman Baum, seconded by Councilwoman Creech, to
APPROVE an Ordinance to AMEND AND REORDAIN SECTION 38-6 of the CODE of
the City of Virginia Beach, Virginia, pertaining to the permits for pur-
chases of certain weapons.
A substitute motion was made by Councilman Jennings, seconded by Councilwoman
O@erndorf, to REPEAL SECTION 38-6 of the CODE of the City of Virginia Beach.
Because the vote on the substitute motion lost (4 to 7), Council voted on
the ORIGINAL MOTION to APPROVE which carried (7 to 4).
Voting: 4-7 (Substitute Motion LOST)
Council Members Voting Aye:
Harold Heischober, H. Jack Jennings, Jr., J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111,
Reba S. McClanan
Council Members Absent:
None
Voting: 7-4 (Original Motion CARRIED)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill,
Reba S. McClanan
Council Members Voting Nay:
Harold Heischober, H. Jack Jennings, Jr., J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None January 23, 1984
-17a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-6 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING To THE PERMITS FOR
PURCHASES OF CERTAIN WEAPONS
WHEREAS, the City of Virqinia Beach is desirous of
protecting its citizens from the random violence that accompanies
the unregulated sale of handguns to unstable or unreliable
persons; and
WHEREAS, Section 15.1-137 of the Code of Virginia,
1950, as amended, enables the governing body of any city to
protect and preserve peace and good order on the property of that
city; and
WHEREAS, Section 15.1-839 of the Code of Virginia,
1950, as amended, enables the governing body of any city to
exercise powers pertinent to the conduct of the affairs and
functions of the municipal government which are necessary or
desirable to secure and promote the general welfare of the
inhabitants of the municipality and the safety, health, peace,
good order of the mtjnicipality; and
WHEREAS, the City Council of the City of Virginia
Beach, Virginia, believes that, pursuant to Section 15.1-865 of
the Code of Virginia. 1950, as amended, an integral part of the
regulation of the discharge of firearms is the power to prohibit
persons who may be unstable or unreliable from obtaininq a
handgun.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 38-6 of the Code of the City of Virginia
B(@ach, Virginia, is hereby amended and reorelained as follows:
Spction 38-6. Permit prerequisite to purchase of certain
weapons.
(a) No person licensed importer, licensed
manufacturer or licensed dealer shall sell, lease, rent, give or
otherwise furnish to any person within the city any pistol,
revolver or similar Lat_@f qandgun unless a permit granted by
-17b-
the chief of police, or such other officer of the police
department as may be designated7 in writingt by the chief of
police, is presented authorizing the holder of such permit to
acquire such weapon. This ordinance shall not apply to the
rental of pistols, revolvers or other handguns by licensed
@orters, licensed manufacturers or licensed dealers that are to
be used solely on the premises of said importers, manufacturers
or dealers. This ordinance shall not apply to transactions
between licensed importers, licensed manufacturers or licensed
dealers. This ordinance shall not apply to sales or trade-ins Of
pistols, revolvers or other handguns from individuals to licensed
iTp@rtitrs, licensed manufacturers or licensed dealers, or to
sales, trades or any transfers of pistols, revolvers or other
handguns between individuals. Such permit shall be surrendered
to the persom licensed LM
licensed dealer furnishing such weapon, who shall preserve it for
inspection, upon request, by the police of the city.
1. The term "licensed importer" shall mean any
son engaged in the business of importing or bringinq firearms
into the United States for the r ose of sale or distribution
who is licensed under either the provisions of Title 18 USC S921,
et seg., 2r @h visions of this cod.e.
2. The term "licensed manufacturer" shall mean
any person enqaqed in the manufacturing of firearms for purposes
of sale or distribution who is licensed under either the
provisions of Title 18 USC S921, et seg., or the provisions of
this code.
3. The term "licensed dealer" shall mean (i) any
person engaged in the business of selling firearms at wholesale
or retail, (ii) any person @ d in the business of repairing
firearms or of making or fitti s e l@a barrels, stocks or
trigger mechanisms to firearms, or (iii) any person who is a.
-2- January 23, 1984
-17c-
pawnb@o er,_and who is licensed under_either the prov.isions of
Title 18 USC S921, et seq., or the provisions of this code.
4. The ter!n "pawnbroker" shall mean_ rson
whose business or occupation includes the taking or receiving, by
way of pledge or pawn, of any firearm as security for the payment
or repayment of money.
(b) No permit require (a) above shall be issued
to:
1. Any-P rson under h@e ge of 21 years;
2. Any convicted felon;
erson under indictment or information for
a felony;
4. Any person who at the
charged with a crime involving violence;
5. Any person who has been found not guilty of a-
-felony on the basis of insanity;
6- itive from justice;
erson yho_presentiy is an unlawful user
of, or addicted to, marijuana, a depressant, stimulant or
narcotic drug; and
8. Any person who has been committed t, a ental
institution.
(C)fb* Every applicant for a permit required by this
section shall pay to the city treasurer an application fee of
five dollars ($5.00). This fee shall not be charged to sworn
POlice officers of the city.
(d)fe+ A violation of this section shall constitute a
Class 1 misdemeanor
Adopted by the Council of the CitY of Virginia Beach,
Virginia, on the 23@' day of January 1984.84
KJC/da
9/1 5/8 3
9/2 1/8 3 January 23, 1984
11/29/8 3
12/28/8 3
(E)
-3-
-18-
Item II-J
CONSENT AGENDA ITEM # 21277
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED, in ONE MOTION, Items 1, 2, 3 (noting the two-week
deferral), 4, 5, 6 and 7, of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. Mcclanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-19-
Item II-J. 1
CONSENT AGENDA ITEM # 21278
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED Resolutions of Appreciation in recognition of the following
individuals:
DUNCAN WALLACE, M.D. Ser-ved as a Member of the Community Corrections
Resource Board for two years in behalf of the
City of Virginia Beach.
A N D,
ANTHONY BRTJDER,, Ph.D. Served as a Member of the School Board for six
years in behalf of the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-19a-
RESOLUTION OF APPRECIATION
TO
DUNCAN WALLACE, M.D.
WHEREAS: ])uncan Wallace has served as a member of
the School Board, he has served willingly and untiringly for
six years in behalf of the City of Virginia Beach;
WHEREAS; Throughout these years, his dedication and
unselfish service have involved personal sacrifices and incon-
veniences, not only to him but frequently to his family. We
trust much satisfaction was realized in successfully admin-
istering in this advisory capacity--not only to City Council
but also to the citizens of this fast-growing metropolis.
Advisors and Volunteers have saved the City untold dollars,
but, more importantly, our successful growth depends upon them.
His footprints in the sands of time will long reflect the
tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
DUNCAN WALLACE, M.D.
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes of
this Formal Session of Virginia Beach City Council this
Twenty-Third day of January, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
Mayor
January 23, 1984
-19b-
RESOLUTION OF APPRECIATION
TO
ANTHONY BRUDER, PH.D.
WHEREAS: Anthony Bruder has served as a member of
the Community Corrections Resource Board, he has served will-
ingly and untiringly for two years in behalf of the City of
Virginia Beach;
WHEREAS: Throughout these years, his dedication and
unselfish service have involved personal sacrifices and incon-
veniences, not only to him but frequently to his family. We
trust much satisfaction was realized in successfully admin-
istering in this advisory capacity--not only to City Council
but also to the citizens of this fast-growing metropolis.
Advisors and Volunteers have saved the City untold dollars,
but, more importantly, our successful growth depends upon them.
His footprints in the sands of time will long reflect the
tremendous strides of his service.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council here assembled pauses in its deliberations
to express pride in and deepest gratitude for these years of
service to
ANTHONY BRUDER, PH.D.
BE IT FURTHER RESOLVED: That this Resolution be
framed for presentation with a copy spread upon the Minutes of
this Formal Session of Virginia Beach City Council this
Twenty-Third day of January, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
Mayor
January 23, 1984
-20-
Item II-J.2
CONSENT AGENDA ITEM # 21279
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED a Resolution authorizing the City Manager to execute an
agreement with CAROLINA AND NORTHWESTERN @LWAY COMPANY with a provision
that the City agrees to maintain a grade crossing at Diamond Springs Road
(EURPAC SERVICE, INC.).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. R. Kitchi.n, Ill, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-20a-
A meeting of the Council of the City of Virginia Beach,
Virginia was held in the Council Chambers in the City Hall
Buildinq on the 23rd day of January -, 1984.
On Motion hy ---@-uac@-Qman-Qberndurf and
lution
seconded by Councilman MrCoy the followinq S07
was adopted.
R E S 0 L U T I 0 N
WHEREAS Eurpac Service Inc , a
corporation is developing certain property in the City of Virginia
Beach Virginia, at or near the Diamond Springs area; and
WHEREAS, in conjunction with their site development,
Eurpac Service Inc., at its expense, is to install a grade
crossing on Diamond Springs Road, upon and across at grade, the
right of way or property and track of Carolina and Northwestern
Railway Company; and
WHEREAS, the City of Virginia Beach agrees to maintain
said crossinq at its expense, after the installation is
completed; and
WHEREAS, it is necessary to obtain a permit from the
said railway company to install said grade crossing.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manaqer be and he hereby is, authorized to
execute an agreement with the Carolina and Northwestern Railway
Company which agreement provides that the city agrees to maintain
said crossing at its expense.
Adopted by the Council of the City of Virginia Beach on
the 23rd day of January 1984.
JAR/sm
1/16/8 4
(RES .3)
-21-
item II J.3
CONSENT AGENDA ITEM # 21280
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council DEFERRED for two weeks to February 6, 1984, (for further review) an
Ordinance to AMEND AND REORDAIN SECTION 5-71 of the CODE of the City of
Virginia Beach, Virginia, pertaining to disposition of unredeemed animals.
(This matter was deferred for two weeks on January 9, 1984.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-2la-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5-71 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO DISPOSITION OF
UNREDEEMED ANIMALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5-71 of the Code of the City of Virginia
Beach, Virginia, pertaining to disposition of unredeemed animals
is hereby amended and reordained as follows:
Section 5-71. Same - Disposition of unredeemed animal.
If a dog or cat impounded under this article is not
claimed by its owner within five (5) days, it shall be disposed
of in accord with the provisions of section 29-213.19 of the Code
of Virginia. In the event a resident of the city proposes to
adopt such animal dog or cat, pursuant to such section, he shall
pay a fee not to exceed fifty dollars ($50.00) to be determined
administratively by the city manager
eents-+$67SO* to cover the cost of transfer, seizure and
veterinary care ef for the dog or cat. The person desirinq to
adopt the dog or cat shall siqn an adoption contract agreeing to
abide by the rules and regulations of the bureau of animal
control. Such person shall, in the case of a doq, obtain a
proper license for such a dog, pursuant to article III of this
chapter, within ten (10) days of such transfer.
Adopted by the Council of the City of Virqinia Beach,
Virginia, this day of 1983.
KJc/da This drd-inance shall be effective-thirty days from adoption.
10/6/83
11/7/83
'MISC.1)
January 23, 1984
January 9, 1984
-22-
Item 11-J.4
CONSENT AGENDA ITEM # 21281
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND RF-ADING, appropriating Six Million
Forty Thousand, Sixty-Eight Dollars ($6,040,068) for various Engineering,
Highways and Building Projects (Revenue Sharing Allocation).
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-22a-
AN ORDINANCE APPROPRIATING SIX MILLION
FORTY THOUSAND SIXTY-EIGHT DOLLARS ($6,040,068) FOR VARIOUS
ENGINEERING AND HIGHWAYS, AND
BUILDING PROJECTS (REVENUE SHARING ALLOCATION)
WHEREAS, City Council desires to provide needed engineering,
highway and building projects for the citizens of Virginia Beach, and
WHEREAS, it is anticipated that the City will receive from
Federal Revenue Sharing $6,040,068 in the fifteenth entitlement period.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINA BEACH:
That funds to be made available under the Revenue Sharing
Program (State and Local Fiscal Assistance Act of 1973 amended) for the
period October 1, 1983 through September 30, 1984 be appropriated for the
purposes as indicated below:
Engineering and Highway $ 5,818,400
Buildings 221,668
Total 40 068
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 23rd day of January 1984.
FIRST READING: January 16, 1984
SECOND READING: January 23, 1984
KAR/2 ORD2
-23-
Item II-J.5
CONSENT AGENDA ITEM # 21282
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance appointing Viewers in the petition of
DANIEL A. PIERRO for the closure of a portion of First Street (Kempsville
Borough).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-23a-
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN PORTION OF THAT STREET, KNOWN
AS FIRST STREET, ALL, OF WHICH STREET TO BE VACATED IS SHOWN
UPON THAT CERTAIN PLAT ENTITLED, PLAT SHOWING PROPOSED
VACATION OF A PORTION OF FIRST STREET SUBDIVISION OF MIDWAY
VIRCiINIA BEACH, VIRGINIA SCALE 111 = 20', DATE: NOVEMBER 1, 1983,
FREEMAN & FREEM-AN, ENGINEERS & SURVEYORS, WHICH PLAT IS
ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACII, VIRGINEA.
Your petitioners, Daniel A. Pierro respectfully
represent as follows-
1. That pursuant to the provisions of Section 15 1-364 of the Code
Virginia, as amended, the petitioners apply for the vacating, closing and
discontinuance of a portion of that certain street which is more specifically
described as follows:
ALL THAT certain portion of First Street as shown on
the Plat of "MIDWAY", a copy of which plat is duly recorded
in the Circuit Co,irt Clerk's Office of Virginia Beach,
Virginia, in Map Book 7, at Page 130, the portio.1 to be
vacated being more particularly shown on that survey
entitled, PLAT SHOWING PROPOSED VACATION OF A
PORTION OF FIRST STREET SUBDIVISION OF MIDWAY
VIRGINIA BEACH, VIRGINIA Scale 1" = 20', Date: November
1, 1983, FREEMAN & FREEMAN, Engineers & Surveyors",
a copy of which is attached hereto, and the portion to be
vacated being outlined in red on the attached survey and being
rnore particularly bounded and described as follows:
BEGINNING at a pin, which pin is located at the northwest
corner of Lot One, Block 12, Plat of Midway; thence from
said Point of Beginning, NO@ 16' W 50 feet to a pin which
pin is located at the southwest corner of Lot 16, Block One,
Plat of Midway; thence, turning and running along the southern
property line of said lot 16, N 89 * 44' E 100. 00 feet to a pin,
which pin is located at the southeast corner of said lot 16;
thence, turning and running S O* 161 E 50 feet to a pin, which
pin is located at the northeast corner of Lot One, Block 12,
Plat of Midway; thence turning and running S 89' 441 W
100. 00 feet to the POINT OF BEGINNING.
2. That no inconvenience will result to any persons by reason of
said closing, vacation and discontinuance of said street; and the petitioners
pray that this Honorable Council appoint viewers as provided by law to view
said platted street proposed to be closed and to report in writing to the
Council on or before the day of 1 1983, as to whether in the
opinion of said Viewers, what inconvenience, if any, would result from the
-discontinuance and closing of this portion of said street, as herein reported
and described.
-23b-
3. That on the day of 1983, and on the
day of 1 1983, notice of the presenting ot this application was
published in the Beacon, a newspaper of general circulation, in the City
of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent to
and affected by said portion of the platted street are your Petitioners herein.
Respectfully submitted,
Daniel A. Vierro
-23c-
CERTIFICATE OF VESTING OF TITLE
1, Bruce B. Mills, attorney for Daniel A. Pierro and Hazel Craig, do
hereby certify that:
1. I am an attorney at law and represent Daniel A. Pierro and Hazel
Craig, the petitioners.
2. If the property described below is discontinued, closed and vacated
.by the Council of the City of Virginia Beach, Virginia, then title to said property
will vest in the adjacent landowners;
T'he said property referred to herein is hereby described as follows:
ALL THAT certain portion of First Street as shown on
the Plat of "MIDWAY", a copy of which plat is duly recorded
in tbe Circuit Court Clerk's Office of Virginia Beach,
Virginia, in Map Book 7, at Page 130, the portion to be
vacated being more particularly sbown on that survey
entitled, PLAT SHOWING PROPOSED VACATION OF A
PORTION OF FIRST STREET SUBDIVISION OF MIDWAY
VIRGINIA BEACH, VIRGINIA Scale: 1" = 20', Date: Novernber
1, 1983, FREEMAN & FREEMAN, Engineers & Surveyors",
a copy of which is attached bereto, and the portion to be
vacated being outlined in red on the attacbed survey and being
rnore particularly bounded and described as follows:
BEGINNING at a pin, which pin is located at the northwest
corner of Lot One, Block 12, Plat of Midway; thence from
said Point of Beginning, NO@ 16' W 50 feet to a pin which
pin is located at the southwest corner of Lot 16, Block One,
Plat of Midvay; thence, turning and running along the southern
property line of said lot 16, N 89 @ 44' E 103. 00 feet to a pin,
which pin is located at the southeast corner of said lot 16;
thence, turning and running S O* 16' E 50 feet to a pin, which
pin is located at the northeast corner of Lot One, Block 12,
Plat of Midway; thence turning and running S 8 9 ' 44 1, W'
1 00. 0 0 f e et to the POIN T OF B EGRNNING.
e B. Mills
January 23, 1984
-23d-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Daniel A. Pierro - have given due and
proper notice, in accordance with the statutes for such cases made and
provided that they will on the,1311/2.y f iproLiAlc@, apply to the
City Council of the City of Virginia Beach, Virginia, for the appointment
of Viewers to view the below-described plroperty and report in writing to
the Council whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the hereinafter
described portion of that certain street, and has filed such application
with said Council.
NOW THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT DAVTT) CROCHMAI.,
C. ORAL LAMBERT and
ROBERT SCOTT are hereby
appointed to view the below described property and report in writing to the
Council as soon as possible , whether in their opinion,
any, and if any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street located in the City of Virginia Beach,
Virginia, and rnore particularly described as follows:
ALL THAT certain portion of First Street as shown on
the Plat of "MIDWAY" a copy of which plat is duly recorded
in the Circuit Court Clerk's Office of Virginia Beach,
Virginia, in Map Book 7, at Page 130, the portion to be
vacated being more particularly shown on that survey
entitled, PLAT SHOWING PROPOSED VACATION OF A
PORTION OF FIRST STREET SUBDIVISION OF MIDWAY
VIRGINIA BEACH, VIRGINLA Scale 11, = 20', Date: November
1, 1983, FREEM-AN & FREEMAN, Engineers & Surveyors",
a copy of which is attached hereto, and the portion to be
vacated being outlined in red on the attached survey axid being
more particularly bounded and described as follows:
BEGINNING at a pin, which pin is located at the northwest
corner of Lot One, Block 12, Plat of Midway; thence from
said Point of Beginning, NO@ 16' W 50 feet to a pin which
pin is located at the southwest corner of Lot 16, Block One,
Plat of Midway; thence, turning and running along the southern
property line of said lot 16, N 89 * 441 E 100. 00 feet to apin,
which pin is located at the southeast corner of said lot 16;
thence turning and rurining S 0 @ 16' E 50 feet to a pin, which
pin is located at the northeast corner of Lot One, Block 1?,
Plat of Midway; thence turning and running S 89* 44' W
100. 00 feet to the POINT OF BEGINNING.
-24-
Item 11-J.6
CONSENT AGENDA ITEM # 21283
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED a Bingo/Raffle Permit for KELLAM BAND PARENTS' ASSOCIATION
and a Bingo Permit for ROMA LODGE 254.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nayi
None
Council Members Absent:
None
January 23, 1984
-25-
Item II-J.7
CONSENT AGENDA ITEM # 21284
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$3,405.46 upon application of certain persons and upon certification of
the Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
FORM NO. C.A.
-25a- 1/5/83 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
Construction Enterprised 83 pp 165685-1 11/2/83 37.74
Clarklift of Virginia 83 pp 26893-4 6/1/83 3,053.22
George R Marvin 83 pp 176336-1 12/5/83 16.50
Janyce Halprin 83 pp 59538-6 5/31/83 184.50
Janyce Halprin 83 pp 59537-7 5/31/83 103.50
G C Miller N/A Pkng 6014 10/4/83 10.00
Total 3,405.46
This ordinance shall be effective from date of adoption.
The above abatement(s@ totaling
were approved by
the Council of the City of Virginia
Beach on the @ day of j.n
A oved as to form:
Ruth Hodges Smith
City Clerk
-26-
Item II-K.1
PLANNING ITEM # 21285
Attorney Grover Wright represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council DEFERRED for two weeks to February 6, 1984, an Ordinance
upon application of R. G. MOORE BUILDING CORPORATION for Change of
Zoning per the following. This matter was deferred for one week on
January 16, 1984.
ORDINANCE UPON APPLICATION OF R. G. MOORE FOR
A CHANGE OF ZONING FROM R-5 TO A-1
Ordinance upon application of R. G. Moore for
a Change of Zoning District Classification from
R-5 Residential District to A-1 Apartment District
on certain property located on the east side
of Indian River Road beginning at a point 2700
feet more or less south of Lynnhaven Parkway,
running a distance of 306.12 feet along the
east side of Indian River Road, running a distance
of 2128.20 feet along the southern property
line, running a distance of 771.88 feet along
the eastern property line and running a distance
of 2217.13 feet along the northern property
line. Said parcel contains 23.7 acres. KEMPSVILLE
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None January 23, 1984
-2 7-
Item II-K.2
PLANNING ITEM # 21286
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council voted to allow WITHDRAWAL of an Ordinance upon application
of ELENORE D. WRIGHT for a Change ol@ Zoning per the following:
ORDINANCE UPON APPLICATION OF ELENORE D. WRIGHT
FOR A CHANGE OF ZONING FROM R-6 TO 0-1
Ordinance upon application of Elenore D. Wright
for a Change of Zoning District Classification
from R-6 Residential District to 0-1 Office
District at the northwest corner of Laurel Lane
and Plymouth Lane on Lot 147, Laurel Manor.
Said parcel is located at 801 Plymouth Lane
and contains 7637 square feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-28-
Item II-K.3 & 4
PLANNING ITIM # 21287
Attorney Grover Wright represented the applicants.
Speaking in opposition was Mr. John Waters.
Speaking in favor was Mr. Charlie Rasnake.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of EARLE W. GREENE for a Change of
Zoning;
A N D,
an Ordinance upon application of COLONIAL SELF-STORAGE for a Conditional
Use Permit per the following:
ORDINANCE UPON APPLICATION OF EARLE W. GREENE
FOR A CHANGE OF ZONING FROM 0-1 TO B-2 Z0184808
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Earle W. Greene
for a Change of Zoning District Classification
from C-1 Office District to B-2 Community-Business
District on certain property located on the
east side of Kempsville Road beginning at
a point 500 feet north of Indian River Road,
running a distance of 105 feet along the east
side of Kempsville Road, running a distance
of 410 feet along the northern property line,
running a distance of 105 feet along the eastern
property line and running a distance of 410
feet along the southern property line. Said
parcel contains 1 acre. KEMPSVLLLE BOROUGH.
The following condition applies:
1. 170' x 105' frontage will remain zoned 0-1, and the
remainder of the property will be rezoned to B-2.
A N D,
January 23, 1984
-29-
Item 11-K.3 & 4
PLANNING ITEM # 21287 (continued)
ORDINANCE UPON APPLICATION OF COLONIAL SELF-STORAGE
FOR A CONDITIONAL USE PERMIT FOR MTNT-WAREHOUSES R0184604
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA:
Ordinance upon application of Colonial Self-
Storage for a Conditional Use Permit for mini-
warehouses on certain property located on the
east side of Kempsville Road beginning at a
point 500 feet north of Indian River Road, running
a distance of 54.38 feet along the east side
of Kempsville Road, running a distance of 170
feet in a southeasterly direction, running a
distance of 105 feet in a northerly direction,
running a distance of 240 feet in a southeasterly
direction, running a distance of 105 feet in
a southwesterly direction, running a distance
of 70 feet in a northwesterly direction, running
a distance of 436.20 feet in a southwesterly
direction, running a distance of 179.04 feet
in a northwesterly direction, running a distance
of 100 feet in a northeasterly direction, running
a distance of 65.71 feet i.n a southeasterly
direction, running a distance of 139.41 feet
in a northeasterly direction, running a distance
of 26 feet in a northwesterly direction, running
a distance of 97 feet in a northern direction
and running a distance of 160 feet in a northwesterly
direction. Said parcel contains 2.1 acres.
KEMPSVILLE BOROUGH.
The following conditions apply:
1. Fifteen-foot buffer.
2. Eight-foot fence.
3. Vacation of lot lines.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-Third day of January, Nineteen Hundred and Eighty-Four.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None January 23, 1984
-30-
Item TI-K.5
PLANNING ITEM # 21288
Upon motion by Councilman Jennings, seconded by Councilman Robert Jones,
City Council voted to allow WITHDRAWAL of an Ordinance upon application of
EDWARD S. STEIN for a Conditional Use Penuit per the following:
ORDINANCE UPON APPLICATION OF EDWARD S. STEIN
FOR A CONDITIONAI, USE PERMTT FOR A RECREATIONAL
FACILITY
Ordinance upon application of Edward S. Stein
for a Conditional Use Permit for a recreational
facility of an outdoor nature (mini-golf, mini-
cars, mini-rides, remote boats, grand prix,
play ship, Ferrari 500, batting range) on certain
property located on tbe east side of South Lynnhaven
Road beginning at a point 1200 feet more or
less nortb of Homespun Avenue, running a distance
of 60 feet along the east side of South Lynnhaven
Road, runni.ng a distance of 245 feet in a northeasterly
direction, running a distance of 610 feet in
a northwesterly direction, running a distance
of 178.46 feet in a northerly direction, running
a distance of 1085 feet along the northern property
line, running a distance of 755 feet along the
eastern property line, running a distance of
640 feet along the southern property line, running
a distance of 60 feet in a soutbeasterly direction
and running a distance of 300 feet in a southwesterly
direction. Said parcel contains 14.9 acres.
LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S. January 23, 1984
-31-
Item II-K.6
PLANNING ITEM # 21289
Douglas Talbot represented the applicant.
Upon motion of Councilman Kitchin, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance upon application of GUY-DAN, INC. for a
Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF GUY-DAN, INC.,
FOR A CONDITIONAL USE PERMIT FOR A MOTEL R0184605
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA:
Ordinance upon application of Guy-Dan, Inc.
for a Conditional Use Permit for a motel (an
increase of five units above allowable density
and height increase of 11 feet) on certain property
located at the nortbeast corner of 21st Street
and Arctic Avenue, running a distance of 283.33
feet along the north side of 21st Street, running
a distance of 140 feet along the eastern property
line, running a distance of 233.33 feet in a
westerly direction, running a distance of 140
feet in a northerly direction, running a distance
of 50 feet in a westerly direction and running
a distance of 280 feet along the east side of
Arctic Avenue. Said parcel is located at 315
21st Street and contains 1.07 acres. VIRGINIA
BEACH BOROUGH.
As a condition of the Conditional Use Permit, the following is required:
1. Parking on site.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S. January 23, 1984
-32-
Item 11-K. 7
PLANNING ITEM # 21290
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to AMEND and REORDAIN the SUBDIVISION ORDINANCE,
Section 8.1, pertaining to plat fees.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S. January 23, 1984
-32a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 8.1
OR THE SUBDIVISION ORDINANCE
PERTAINING TO PLAT FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 8.1, Plat fees, of the Subdivision Ordinance be amended and
reordained as follows:
8.1. Plat fees
At the time preliminary plats are presented, a fee of ten
dollars ($10.00) per plat shall be paid. In addition, a
fee of thirty five dollars ($35.00) per lot, exclusive of
original parcel, shall be paid for the examination and
approval of final subdivision plats provided, however,
that there shall be a minimum fee of ten dollars ( @0.00)
per plat.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
21 day of 19 84 -
APPROVED AS TO CONTENT
T
January 23, 1984
-33-
IteTn II-K.8
PLANNING ITEM # 21291
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City
Council ADOPTED Ordinances to AMEND and REORDAIN the COMPREHENSIVE
ZONING ORDINANCE per the following:
ARTICLE 1, SECT10N 111, pertaining to definitions.
ARTICLE 2, SECTION 221(b), pertaining to fees for
Conditional Use Permits.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert C. Jones, W. H. Kitchin, Ill, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-33a-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. be amended and re-
ordained in part as follows:
Areader--A-eent@quous-area-w4th-aeeess-te-a-street-er-other-publ4e
ten-@@g@-feet7--gueh-apea-shall-net-be-mope-than-thpee-@34-feet-a6eve
tke-leyel-of-the-stFeet-wh4eh-@t-ad4e4ns.
Senef@e@al-epen-spaee7--Gpen-spaee-perform@ng-a-meeessary-eF-des4ra6le
FRax*mbim- @9 t -covepage- requ * FeFReAts-are-FAet.
st ttL4tes -a -per- *ReteF - sepafat* Ag - the-bu Ida ble-a Pea - f FEFR- the- requ4red
SeRs@st@ng-of -a-reef
Community center. A building or group of buildings for a community's
educational and recreational activities operated on a non-profit basis.
Day care center. Any-establtshFRent-wheFe-fiye-@64-or-FRere-pers8RS3
exe@wd*Rg-membei-s-of-the-fain*ly-eeeupyctsRg-t4e-pi-em@se5.F-aFe-eai-ed-fer-.
The-tepm-*Relwdes-day-nwrseF*esy-k@Rdepgaptems,-eh*@d-eape-eenters-aAd
adult-day-c-aFe-senters@ An. facility operated for the purpose of provid-
tection and ce to a roup of children separated from
a@ t of
or guardians during a par the 24 hour day. In regard
to facilities operated in a private family home as an approved home
occupation, this term shall apply only to homes in which five or more
children are received except children who are related by blood or
marriage to persons who maintain the home.
Density. The number of dwelling or lodging units per gross acre.
pFessure-leve@4.
Family. An individual or two (2) or more persons related by blood,
marriage, or adoption, or urder approved foster care, or a group of
not more than four (4) persons (including servants) not related by blood,
eF marriage, adoption, or approved foster c or a group of not more
ve persons (including surrogate are@ ts)
th fi par n under approved super-
vi :7on of eith th; SDoecp?artment of Mental Health and Mental Retardation
or the Departm:nrt 0 T Services, living together and sharing living
areas in a dwelling unit.
sueh -agreemerts -the-assee4atten-FRay -be- f orRied-eR-the-SSas 4s -of-e4 ther
Ye lurtary -or -automat *e -ifleirbeps h *pT - -A-veluR ta Fy -er- ne Raw teFRa tic -as sOG4 a -
t49R -epepated -w@th - @ nd -agpeeFfleRts - but -w4 th -FReFRbersh i p- and -asses smen ts -
doeuFRents rated-w@th -eagh -deed -of
eeRveyaRee7--Autemat*e-membepsh*p-*s-eRe-@R-Wh*6h4
abItOFRa t@Ga ; ly -be69Fnes -a-meFRber -wpor - pu reha se, -aRd
kb4 Ea eh -lot - @s -auteiRat4ea @ ly- swbjeet- to -a - eha rge- f Or - RPOPOrt4aRa te
lfla*Rtd*R@Rg-r.9ffn@R-PFepeFtyT
Homeowners association. An incorporated, non-profit organization
made up of homeowners in a specified subdivision or subdivisions, that
shall be responsible for maintenance and operat ion of neighborhood
recreation facilities or other community fa cili ties or fun ctions, and
hat shall assess its members fees or dues to offset the c st thereof.
-33c-
Hotel. A building or group of attached or detached buildings con-
taining dwelling or lodging units in which fifty (50) percent or more
of the units are lodging units. A hotel shall include a lobby, clerk's
desk or counter and facilities for registration and keeping of records
relating to hotel guests. This term also includes motels.
thaR-eme-hundred-@1991-t*FRes-pep-mctsmuteT
Junkyard.
op-the-steragev-sale-or-EluFRp@ng-of-dctssFRantledT-part@al;y-dtsmant4edT
obselete-@F-wpeeked-yekteles-er-the@r-parts-or-ether-serap-metalgr
Any lot or parcel of land, structure or part thereof used for the
co lec n storage and s le of wastepaper, rags or scrap metal or discarded
.aieri ii! ;r for the coll:ct ion, dismantling, storage and
machinery or vehicles nbt ih running condition and for th
thereo .
Landscaped. A-ma@Rta*Red-area Devoted exclusively to plants which
are rooted directly in the ground or in permanently fixed planter boxes
properly maintained.
Lot. A piece or parcel of land abutting on a street and created
by proper legal instrument.
Lot coverage. That pept*90 percent of a zoning lot covered by enclosed
building space including total rea of all covered open space (except
for open space covered by eaves and normal overhang of roofs) but not
including uncovered entrance platforms, uncovered terraces, or uncovered
steps where such features do not themselves constitute enclosures for
building areas below them.
Marina. A faciity for secure mooring of boats for use rsons
including the owner or resident of the lot and those other than the
owner or resident of the lot upon which thi- ated.
Mini-warehouses. A series of individual enclosed storage units for
rent or lease.
or-as-a -pesult-of -aRy-subseqweRt-&FReNdFAeRt-thePetO.
January 23, 1984
-33d-
theret@
NeReaRf epritng -use-of -stpuetwFesT- -ARy-use-of -a-bw41d @ng-or-other-s trwgture
As&oGiatioR,-wsed-tp-GORiURGt*@R-W*t4-a-sgwRd-;eve;-meter-to-take-IReasure-
Aot-only-str-eots,-wttltties,-Ig
Principal structure. A structure that encloses or houses any principal
use.
Retatn*ng-wallT--ARy-wall-whieh-funetteR-ts-te-res*st-the-latera4
d*splaeement-of-aiiy-mater@al.
Shelter for farm em,loyeesP,A sin,leusflmily residential structure
located on a fa r. fr he pur s e f g employees of that farming
business.
Sign. Any device orpdisplay designed to inform or attract the attention
of persons not on the remi es on which the sign is located, provided
however, that flags and insignia of any government or non-profit organiza-
tions except when displayed in connection with commercial promotion shall
not be included in the application of the regulations herein.
SeuRd -@evel -meteF7 --AB- *n stpuiReRt-stamdaFd4 ted- 6y-the-AFReF46am-standards
As see*at*eR,,-wged-fep-FneasureFReRt -ef -the-tnters *ty -ef -seuRdT-and-eal*bFated
4n-dee*belSr
Street. A vehicular way, w:"e@ "ic or private, (which may also
serve as part of a way for ped stranputraffic) whether called street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard,
lane, place, alley, mall or otherwise designated.
adepted-by-e*ty-eeuReti.
to-artei-*al-er-major-streets-er-k$ghwaYsr
Streety-FR&rg*Ral-aeeeSS7--A-street-used-te-sepapate-loca4-traff4E-freiR
aRd-*RelNdes-mapg*nal-aeeess-streets-whctseh-ape-genepally-para4lel-aRd
adjaeent-te-artep*al-stpeets-ep-h*ghways-sepy*Rg-a6utt*ng-ppopeFt*es-aRd
Student center. A building or structure devoted to active or passive
recreational facilities for students of a college or university and
operated by an agent of the college or university.
Student dormitory. A building or structure devoted to housing of
regularly enrolled students of a college or university which contains
lodging units or sleeping rooms and may contain a common kitchen and
dining facility for the occupants and operated by n t of the
college or university with which the students are :ffl?7:ted.
Thpee-asiRpsHeRt -measurtng -systeFR7 --A-dey4ee-fer-reeordt ng- the-4 ntems 4 ty
aFid -pi-*FRai- ily-fop-eeeup&Rey-by-traAsients T -as-d *st*Rgw ished -fpeFR-FRul t4 ple
Vardy-spee*ai7--AAy-yapd-se-plaeed-er-epctsented-that-ne*ther-the-teria
s*de-yapd-or-pea)--yapd-e@early-appltes-.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
23 day of JanuarV 1984.
APPRO)JED AS TO CQNTOW
@-i@ ATTORNEY
January 23, 1984
-33g-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 221(b)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO FEES
FOR CONDITIONAL USE PERMITS
BE IT ORDAINED BY TFIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 221(b), Fees, of the Comprehensive Zoni.ng Ordinance
be amended and reordained in part as follows;
(b) Fees. The application shall be accompanied by a fee of eRe
one hundred and twenty-five dollars
($125.00) to cover the cost of publication of notice of public
hearing and processing.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2. day of January 19 84
APPROVED AS TO CONTENT
January 23, 1984
-34-
Item II-K.8.a
ADD-ON
PLANNING ITEM # 21291(a)
City Attorney Dale Bimson called Council's attention to a corrected definition
of the term "family" (contained in Article 1, Section 111, of the Comprehensive
Zoning Ordinance).
Upon motion by Councilman Baum, seconded by Councilman Jennings, City
Council voted to APPROVE the correction to the term "family" as follows:
Family. An individual or two (2) or more persons related by blood, marriage,-
or adoption, or approved foster care, or a group of not more than four (4)
persons (including servants) not related by blood or marriage, adoption or
approved foster care, or a group of not more than five (5) persons (including
surrogate parents) under approved supervision of either the Department of
Mental Health and Mental Retardation or the Department of Social Services,
living together and sharing living areas in a dwelling unit.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert C. Jones, W. H. Kitchin, IIT, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 23, 1984
-35-
Item II-K.9
PLANNING ITEM # 21292
Upon motion by Councilman McCoy, seconded by Vice Mayor Henley, City
Council DEFERRED to February 6, 1984 Ordinances to AMEND and REORDAIN
the COMPREHENSIVE ZONING ORDINANCE as follows:
ARTICLE 1, SECTTON 102, pertaining to allowed uses.
ARTICLE 2, PART D, SECTIONS 240, 241 and 242, pertaining to performance
standards.
ARTICLE 9, SECTIONS 911(a)(8) and 911(c)(1) pertaining to use regulations
for Commercial Amusement Facilities and Amusement Arcades in
the B-2 Community-Business District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, R. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert C. Jones, W. H. Kitchin, ITT, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None January 23, 1984
-36-
Item II-L.1
APPOINTMENTS ITEM # 21293
The following individuals were APPOINTED by Mayor Louis Jones to serve on
the PD-H 2 OVERLAY TASK FORCE:
VICE MAYOR BARBARA M. HENLEY ---- Chairman
COUNCILMAN ROBERT G. JONES ---- Member
ALBERT BALKO (Chairman,
Planning Commission) ---- Member
KENNETH BAREFOOT (Member,
Planning Commission) ---- Member
ROBERT SCOTT (Director,
Planning Department) ---- Member
January 23, 1984
-37-
Item II-M.1
UNFINISHED BUSTNESS ITEM # 21294
Speaking in favor of the Sandbridge Sewer, Phase I, Project was
Maxine C. Graham (who presented newspapers articles, petitions, and other
related materials which are hereby made a part of the record).
A motion was made by Councilman Baum, seconded by Vice Mayor Henley, to
remove the Sandbridge Sewer, Phase I, from the CAPITAL IMPROVEMENTS
PROGRAM. Both Councilman Baum and Vice Mayor Henley withdrew their motions
and requested the Staff make recommendations to Council on the Comprehensive
Zoning Ordinance.
City Manager Muehlenbeck advised Council's adoption of the Capital Improve-
ment Program by Resolution on January 16, 1984 (#21224) did not include the
Sandbridge Sewer Project, Phase I or ii.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None January 23, 1984
-38-
Item II-M
ADD-ON
UNFINISHED BUSINESS ITEM # 21295
A presentation was made by Mark Collins, Consultant with the firm of
A. M. Pullen and Company, wherein he highlighted the contents of the
report prepared by his firm on the AUTOMATED SERVICES DIVISION, DATA
PROCESSING.
Councilman Robert Jones made a motion to ABOLISH the Automated Services
Division of Data Processing; however, there was no second.
By consensus, this issue will be placed on the February 6, 1984 Agenda.
January 23, 1984
-39-
Item II-M
ADD-ON
UNFINISHED BUSINESS ITEM # 21296
Scheduled for February 6, 1984, will be a Resolution effecting the dedication
to the City of the KEMPSVILLE MEADOWS GOLF COURSE by Mr. and Mrs. R. G. Moore.
(See Item # 21262, Informal Session).
January 23, 1984
-40-
Item II-N
ADD-ON
NEW BUSINESS ITEM # 21297
Upon motion by Councilman McCoy, seconded by Councilman Bamn, City Council
voted to CANCEL the meeting of February 20, 1984, inasmuch as it is a
holiday (observance of George Washington's birthday).
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, 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
*Verbal aye.
January 23, 1984
-41-
ADD-ON ITEM # 21298
The NATIONAL LEAGUE OF CITIES Conference will be held in Washington, D.C.
March 3-6, 1984.
January 23, 1984
-42-
ADD-ON ITEM # 21299
Councilman Jennings distributed to Council Members a VIRGINIA MUNICIPAL
LEAGUE Legislative Bulletin (No. 3) dated January 20, 1984, which is
bereby made a part of the record.
January 23, 1984
-4 3-
Item 11-0.1
ADJOURI*fEi4T ITEM # 21300
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADJOURNED at Ten Forty-Two in the evening.
Voting: 11-0
Council Members Voting Aye:
John A. BaLim, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. Mcl-lanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
,@De@uty City Clerk
Riith Hodges-Smith, CMC Mayr l@ouis R. nes
City Clerk
City of Virginia Beach
Virginia
/jk
Jariuary 23, 1984