JULY 5, 1983 MINUTES
Cit,yo! Virgirda Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LUVl~ R. JONES. Dayside H()rou~h
V1CE-~IAY(jR BARBARA M. 1/EJ~'LEY. Pungo fJofUugh
JOliN A. lMW,t fllflckwater HOfOUgh
NANCY A. CREECH. At Large
HAROLD liE/SCHOBER. At Large
H. JACK' jENN1N(jS. J[~.. LynllbtllH!Tl Hamil!!./.>
RUBERT (;. JUNES. AI Laf1ie
W. II. KITCHIN, III, VlrgiTII{/ Heaeb
REBA S. ,\kCLANAN. Prmcess Anne HorouRh
J. HENRY Meeo\', fit, Kempsmlle UrH'JU1ih
/tIEYERA E. O/lERN[)ORF, At Large
RUTH IIOD(,ES SM/TH, CMC, City Clerk
212 CITY HALL IHl/LDING
MUNICIPAL CENTER
V1R(,"/NIA BEACH, VIRGINIA 214'i(,
(804) 427-4Wl
CITY COUNCIL AGENDA
July 5, 1983
ITEM I
INFORMAL SESSION:
11 :00 a.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT HATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1.
Sea Breeze Farm, Inc.:
request for subdivision
Additional information regarding
variance (See Formal Agenda)
2. Revi.ew of Consent Agenda
ITEM II
nJRMAL SESSION:
2:00 p.m.
A. INVOCATION: Reverend Jeff Heath
Presbyterian Minister, Retired
B. PI,EDGE OF ALLEGIANCE 1'0 'rHE FLAG OF 1'HE UNn'ED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of .June 27, 1983.
E. PRESENTATION
1. Proclamation:
Black Heri taqe Awareness Day
P. 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. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and
considered separately.
1. Ordinance to amend and reardain Section 2-89 of the
Code of the City of Virginia Beach, Virginia,
pertaining to review of direct Appointees.
2. Ordinance to amend and reordain Section 37-8(C)
of the Code of the City of Virginia Beach, Virginia
pertaining to water system impact fees.
3. Ordinance, on SECOND READING, to accept grants
totaling $34,682 from the Department of Criminal
Justice Services, and to appropriate these funds and
a local contribution of $29,860.
4. Ordinance, on SECOND READING, to appropriate funds
of $49,100 to provide for additional classroom
and office space for Tidewater Virginia Alcohol
Safety Action Program (TVASAP).
5. Ordinance, on FIRST READING, to accept funds total-
ing $51,511.00 from the Virginia Housing Development
Authority and to appropriate these funds for the
Section 8 existing housing program.
6. Ordinance, on FIRST READING, to increase the staff-
ing of the Sheriff's Office.
7. Ordinance authorizing certain changes in compensation
for City Council Appointees.
8. Low bid of Asphalt Roads and Materials Company, Inc.,
in the amount of $1,022,649.00, for the 1983-84
Bi tuminous Concrete ~1aintenance Resurfacing and
Profile Schedule; AND, authorize the City Manager to
enter into the necessary aqreements for the implemen-
tation of this project.
9. Low bid of Asphalt Roads and Materials Company, Inc.,
in the amount of $86,665.00, for the 1983-84 Various
Roads Contract; AND, authorize the City Manager to
enter into the necessary agreements for the implemen-
tation of this project.
ITEM II
f. CONSENT AGENDA (Cont'd)
10. Low bid of Rea Construction Company, Inc., in the
amount of $57,800.61, for the 1983-84 Emulsified
Asphalt Slurry Seal Schedule; AND, authorize the
City Manager to enter into the necessary agreements
for the implementation of this project.
11. Raffle permits:
Catholic Daughters of the Americas - Court Stella
Maria #1881
Princess Anne Women's Club
12. Request of the City Treasurer for tax refunds in the
amount of $904.80.
13. Request of the City 'l'reasurer to charqe-off uncol-
lectible checks in ,the amount of $460.93.
G. PLANNING ITEMS
1. Application of Rena ~ Black for a conditional use permit
for a home occupation (exercising) on a 1.056-acre parcel
located along the west side of Lotus Drive, north of
Sandbridge Road (Princess Anne Borough).
(Council approved this permit on June 13, 1983, with a
limit of four persons. On June 27, 1983, Council agreed
to reconsider this matter.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Application of George C. Freeman for a change of zoning
from R-6 Residential DiStrict to A-3 Apartment District
on a 1.95-acre parcel located at the northeast corner
of North Greenwell and Pleasure House Roads (Bayside
Borousrh) .
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approva 1.
3. Application of Vonnie ~ and Mary Helen Moore for a
change of zoning from R-6 Residential District to 0-1
Office District on a 9.809-square foot parcel located
at the southwes't corner of South Plaza Trail and Boyd
Road (129 S. Plaza Trail) (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
4. Application of Nimmo Corner Corporation for a change
of zoning from R-3 Residential District to R-S Resi-
dential District on a 103-acre parcel located along
the south side of Princess Anne Road, west of Oceana
Boulevard (Princess Anne Borough).
(This matter was deferred until today on June 27, 1983.)
a. Letter from the Ci ty Manager transmi ts the
recommendation of the Planning Commission
for approval.
I TEM II
G. PLANNING ITEMS (Cont'd)
5. Application of Point Q'Woods Company for a chang~ of
zoning from B-2 Community-Business District to A-2
Apartment Di~ict on an 8.043-acre parcel located
at the northeast intersection of Reagan Avenue and
Old Great Neck Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
6. Application of Herbert C. Culpepper, Carolyn ~
Culpepper, and F. o. Powers for a change of zoning
from R-8 Re;Ide~i~ District to B-2 CommU;ity-Business
Districti
AND,
a conditional use permit for a self-service gas station
on a 28,033-square foot parcel located at the southeast
corner of Virginia Beach Boulevard and Oceana Boulevard
(Lynnhaven Borough).
(This matter was deferred for 30 days on r1ay 16, 1983
and again on June 20, 1983, until today.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
7. Application of Creative Displays, Inc. for a conditional
use permit for three 12-foot X 25-foot billboards on a
10.35-acre parcel located at ele southeast corner of
Virginia Beach Boulevard and North Birdneck Road
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
8. Application of Halspot Associates and Hilltop Carwash,
Inc. for a conditional use permit for an automobile
service station on a 24,500-square foot parcel located
along the east side of First Colonial Road, south of
Donna Boulevard (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of John ~ Harris, President, Affordable
Homes, Inc. for a conditional use permit for mini-
warehouses on a 1 .238-acre parcel located along the
north side of Holland Road, east of Chantry Drive
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Application of the Virginia Beach Congregation ~
Jehovah's Witnesses for a conditional use permit for
a church on a 3.11-acre parcel located along the
northeast side of Pritchard Road, northwest of Hermes
Street (Lynnhaven Borough).
(This matter was deferred until today on June 13, 1983.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II
G. PLANNING ITEMS (Cont'd)
11. Application of Texaco, Inc. for a conditional use permit
for a gas bar and car wash on a 1 .16-acre parcel located
at the northeast corner of Virginia Beach Boulevard and
Newtown Road (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Application of West Neck Enterprises, Inc., t/a Jungle
Falls Carnival Park for a conditional use per;It for a
recreational faCIlIty of an outdoor nature to include
game room, concession stand, bumper boats, petting zoo,
pony rides, baseball pitching machines and batting cages,
Nascar track, outdoor roller rink, children's rides,
adul t rides, and white wa"ter raft ride on a 9. 31-acre
parcel located along the west side of General Booth
Boulevard, north of South Birdneck Road (Lynnhaven
Borough) .
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
13. Application of Sea Breeze Farm, Inc. for variances to
Sections 4.1(m)~.5(a), and 5.5~of the Subdivision
Ordinance which require minimum right-af-way and pavement
widths, curb and gutter, and drainage facilities. The
applicant is proposing to provide improvements commen-
surate with those in the area, as well as preserve the
natural amenities of the site. The site is located at
the intersection of West Little Neck and Little Neck
Roads (Lynnhaven Borough).
(This matter was deferred for two weeks on June 20, 1983.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
14. Ordinance closing, vacating and discontinuing a portion
of an undeveloped 30-foot right-of-way which runs north
from Hatteras Road to Citation Drive in the petition of
David F. and Tina L. Ellis (Kempsville Borough).
(This matter was deferred for 30 days on May 9, 1983, for
two weeks on June 13, 1983, and for an additional week on
.Tune 27, 1983.)
15. Ordinance closing, vacating and discontinuing a portion
of 34th Street between Atlantic Avenue and Atlantic
Boulevard in the petition of Gay Vacationer Associates
(Virginia Beach Borough).
(This matter was deferred for one week on June 27, 1983.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
H. UNFINISHED BUSINESS
I. NEW BUSINESS
J. ADJOURNMENT
1. Motion to adjourn.
-9-
Item II-D.l
MINUTES
ITEM II 20296
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
APPROVED the Minutes of July 5, 1983, as CORRECTED:
Item II 20232
Delete "Three Oaks". The statement should
read: "Councilman Baum suggested that the
Rock Church property south of Indian River
Road be brought up under New Business."
Item II 20275
Delete "Three Oaksll.
Item 1/ 20274
Regarding the Rezoning Reconsideration
of Gordon Oliver wherein two letters
were read by Councilman Jennings and
were made a part of the proceedings,
said letters (dated June 27, 1983 and
June 4, 1983, respectively) are hereby
deleted. It was brought to Council's
attention by Councilman Baum that only
actions of Council are to be recorded
in the Minutes.
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
July 11, 1983
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 5, 1983
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, July 5, 1983, at Eleven Ten in the morning.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf
Council Members Absent:
H. Jack Jennings, Jr.* and J. Henry McCoy, Jr., D.D.S.
July 5, 1983
*Councilman Jennings arrived at 11:20 a.m.
I I
-2-
ITEM # 20231
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointess or
employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition or use of real property
for public purposes, 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. PUBLIC FUNDS INVESTMENT: The investing of public funds
where competition or bargaining is involved, where if
made public initially the financial interest of the
governmental unit would be adversely affected.
4. LEGAL MATTERS: Consultation with legal counselor
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 Vice Mayor Henley, seconded by Councilman Baum, Council voted
to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr. and J. Henry McCoy, Jr., D.D.S.
July 5, 1983
I I
-3-
MATTERS
B Y
C 0 U N C I L
THREE OAKS - ROCK CHURCH
ITEM II 20232
Councilman Baum suggested the Three Oaks request by Rock Church be brought up
under "New Business" this date, July 5, 1983.
PARKING - ATLANTIC AVENUE
Beach Borough
ITEM II 20233
Councilman Kitchin met with the City Manager, Chief of Police, and Traffic
Engineering regarding the request by the Chamber of Commerce on the possibility
of parking on the street in the winter. He requested staff compile figures on
the cost of retaping spaces on Atlantic Avenue. The City Manager will have
the information in August.
SHADOWLAWN
ITEM II 20234
Councilman Kitchin presented the matter of "small lots" in Shadowlawn wherein
folk are obtaining variances. Sister cities do not allow building on these
nonconforming parcels. The Planning Commission has a Task Force looking at this
and their recommendations will be forthcoming next week. Council could send a
letter to the Board of Zoning Appeals to disallow variances until Council has
an opportunity to discuss.
MOTORIZED VEHICLES ON BEACH
ITEM II 20235
Councilman Jennings expressed his concern about the motorized vehicles on the
beaches; in particular, the three-wheel Honda vehicles between Fort Story and
Lynnhaven Inlet. He suggested the Ordinance pertaining to motorized vehicles
on the beaches be enforced.
BEACH RENTAL SERVICES
ITEM II 20236
Councilman Jennings stated there is confusion regarding rates charged for
rental of umbrellas -- one service is charging $10; the other, $8. City Attorney
Dale Bimson is to review and advise Council regarding the FRANCHISE on this
service.
VIRGINIA MUNICIPAL LEAGUE
ITEM II 20237
Councilman Robert Jones attended the June 30, 1983, meeting of VML and presented
the City's problems. Further discussion of items will be held August 10, 1983,
at VML; in particular, the matter of compensation of local communities for
damages in the event of extraction of water. Council's position is the preference
that VML maintain its position with regard to the matter. It was noted by Vice
Mayor Henley and Councilwoman Oberndorf that the Environmental Quality Commission
agrees with this.
July 5, 1983
-4-
VML- STATE MANDATES
ITEM II 20237
Councilman Robert Jones discussed State mandates on communities -- restrictions
in funding to local government; stress index on the impact of all the communi-
ties in Virginia regarding the cutback in State appropriations. Because of
the real estate tax base, Virginia Beach appears to be in a good position.
VML - GOVERNOR'S BUDGET
ITEM II 20237
Councilman Robert Jones stated the Governor's new budget favored funding educa-
tion and corrections, while restricting funding in other areas. Proposed thus
far is full funding of the Standard of Quality (SOQ).
LONG CREEK CANAL
ITEM II 20238
Councilman Robert Jones questioned the settlement with Mr. Levine regarding the
Great Neck Road project. Discussion about the spans over Long Creek Canal was
held. The City Manager will check with the Highway Department about the
Coast Guard's position/decision.
VML - PURCHASING ORDINANCE
ITEM II 20237
Councilman Robert Jones stated there was widespread "grief" throughout Virginia
regarding the new Purchasing Ordinance dealing with contracting for personal
services by communities. VML's position is that it should be repealed.
It was proposed by Councilman Jones that the City of Virginia Beach amend its
Purchasing Ordinance to state that in the event the lowest cost item is not
the one to be purchased by the City, before that purchase is approved the
City Manager 1Nould be notified with reasons why the lowest bid was not the
one being recommended by the department involved; further, the City Manager
would then advise Council of his decision.
Councilman Jones commented a cost-consciousness should be created throughout
the City.
This item will be discussed at a later date.
VML - MENTAL HEALTH CARE
ITEM II 20237
Councilwoman Dberndorf asked the
health care, to which Councilman
the August 10 meeting of VML.
question as to whether VML is studying mental
Jones replied he will present the question at
SEWAGE TREATMENT PLANT
ITEM II 20239
Councilwoman Oberndorf advised the City Manager of an unpleasant odor being emitted
from the Sewage Treatment Plant in the Kempsville area (HRSD is under contract
to the City to operate the Kempsville Utilities Plant). The City Manager will
follow up on this item.
July 5, 1983
I I
-5-
MAT T E R S
B Y
THE
C I T Y
MANAGER
SEA BREEZE FARM, INC.
ITEM # 20240
City Engineer Donald Trueblood made a presentation on the request for sub-
division variances by Sea Breeze Farm, Inc. (see Formal Agenda, Item II-G-13).
He stated that the road in question (Little Neck area) would have to be
lowered if curb and gutter were used. His recommendation was widening 6
feet (18 feet existing, plus 6 feet would equal 24 feet of pavement).
He suggested leaving off curb and gutter and using the design by Basgier and
Associates, Consulting Engineers.
DAVID F. AND TINA L. ELLIS
ITEM # 20241
By consensus, it was decided to defer to August 1, 1983, the request for
street closure (Kempsville Borough) of David F. and Tina L. Ellis. Under
the Formal Agenda, this is Item II-G-14.
ORDINANCE - SHERIFF'S OFFICE
ITEM # 20242
Councilman Robert Jones posed a question regarding the Ordinance on the
staffing of the Sheriff's Office (transfer of personnel from the office of
the High Constable). City Manager Muehlenbeck replied this is an appro-
priation ordinance. Further discussion of this matter will be held in the
Executive Session.
RECESS INTO EXECUTIVE SESSION
ITEM # 20243
City Council recessed into EXECUTIVE SESSION at Twelve Fifteen in the afternoon.
July 5, 1983
-6-
FOR MAL
S E S S ION
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 5, 1983
2:25 p.m.
Council Membe~rs Present:
John A. Batllll, 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 Absent:
J. Henry McCoy, Jr., D.D.S.
INVOCATION:
Reverend Jeff Heath
Presbyterian Minister, Retired
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
July 5, 1983
I I
-7-
Item II-D.1
MINUTES
ITEM # 20244
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City
Council voted to APPROVE the Minutes of June 27, 1983.
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. McC1anan,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
July 5, 1983
-8-
Item II-E.l
PRESENTATION
ITEM II 20245
Mayor Louis R. Jones presented a Proclamation declaring July 23, 1983 as
BLACK HERITAGE AWARENESS DAY to Mrs. Alice Green, Vice Chairman of the
Citizens Advisory Committee (Chairman John Perry was unable to attend due
to illness). Also, with Mrs. Green to accept the Proclamation was Susie
Whitehurst.
July 5, 1983
-9-
"""'I ~
'rntlumuttnu
WHEREAS, Biaek~ make up the ia~ge~t pe~centage 06 the
ethnic popuiation in Vi~ginia Beach; and
WHEREAS, Biaek~ have cont~ibuted g~eatiy to the en~ich~
ment 06 ii6e in what wa~ P~ince~~ Anne County, and Black~ a~e
vaiued citizen~ 06 Vi~ginia Beach; and
AP'I
WHEREAS, the Citizen Advi~o~y Committee wa~ c~eated by
the City Councii 06 Vi~ginia Beach to ~e~to~e and p~e~e~ve
Black cuitu~e, identity, and p~ope~tie~.
NOW, THEREFORE, T, Loui~ R. Jone~, Mayo~ 06 the City 06
Vi~ginia Beach, do he~eby p~oclaim July 23, 1983 a~
BLACK HERITAGE AWARENESS PAY
~n Vi~ginia Beach and u~ge all citizen~ to take p~ope~ note
06 thi~ ob~e~vance and it~ ~igni6icance to the Black ~e4i-
dent~ in ou~ community.
,..,
~~,(
Mayo~
, 1 ,I
-10-
Item II-F
CONSENT AGENDA
ITEM /I 20246
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to APPROVE, in ONE MOTION, the Consent Agenda.
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.
July 5, 1983
-11-
Item II-F.l
CONSENT AGENDA
ITEM if 20247
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to ADOPT an Ordinance to amend and reordain Section 2-89 of the Code of
the City of Virginia Beach, Virginia, pertaining to review of direct Appointees.
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.
July 5, 1983
I I II i
-12-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-89 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO REVIEW OF DIRECT APPOINTEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-89 of the Code of the City of Virginia
Beach, Virginia, pertaining to review of direct appointees, is
hereby amended and reordained to read as follows:
Section 2-89. Annual and periodic review of direct appointees.
(a) Annually in October of each year, the mayor and
vice-mayor shall submit a report to city council evaluating the
performance of its direct appointees, namely, the city manager,
city attorney, clerk of council, and city real estate assessor.
,-aft6-ft~~ft-eeftSeaB!e.
(b) City council shall meet with its direct appointees
efte-eieY-ffiafta~e~,-e~ey-aeee~ftey,-aft8-e!e~~-e~-eetlftei! at the
first regular council meeting of the months of January and July,
ee~e5e~,-aafttla~y,-aft~-A~~i~ for the purpose of discussing
assignments and performance. Such meetings may be deferred, or
waived, by formal vote of council.
fet-€~ey-eetlfte~!-Sfta!!-ffieee-wieft-~fte-eiey-~ea!-es~a~e
assesse~-aft8-ft~~ft-eeftseaft!e-a~-~fte-~i~se-~e~tl!a~-eetl"e~!-ffieeei"~
ef-efte-ffie"eftS-e~-atl~y,-a"~-aa"tla~y-~e~-efte-~tl~~ese-e~-8~SetlSS~"~
assi~"~e"es-a"e-~e~fe~ffiaftee.--Stleft-ffieeei"~S-ffiaY-5e-8e~e~~e~,-e~
wa~~e~,-5y-fe~ffla!-~e~e-ef-€etl"ei!.
t~t ~ Notwithstanding any other provisions of law,
the direct appointees of council mentioned in (a) above shall
have their salaries and benefits determined annually in October
bv action of city council, provided, however, that such direct
appointees, with the exception of the city manager, shall receive
all general increases which may be granted at any time to city
employees by council.
Adopted this 5th day of
July
, 1983.
RHM/da
6/9/83
6/30/83
(A)
July 5, 1983
1 ;1
-12a-
Item II-F. 2
CONSENT AGENDA
ITEM 1120247-a
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to ADOPT an Ordinance to amend and reordain Section 37-8(C) of the
Code of the City of Virginia Beach, Virginia pertaining to water system
impact 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, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
July 5, 1983
: I
-12b-
Requested by: Aubrey V. Watts, Director of Public Utilities
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-8(C) OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO WATER SYSTEM IMPACT FEES
1;11
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 37-8(c) of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 37-8. Water system impact fees (line fees) -
generally.
(c) The property owner's share of system installation
costs, where the property owner must construct an extension to
the public water system, which is to become a part thereof, to
provide service to a specific parcel or parcels, as shown on the
approved construction plans, shall be as follows:
eeH'l"eeef.eft-i:s
1:::11 ffi tH'~e -ee -a -l- f.fte -el' -~ t:tHl~ - seae f.eft - Be f.ftEf -a -}3al'e -e€ -a - sY's eeffi -wi:e ~ f.ft
efte-ei:eY-f.ftseal-l-ee-el'-~t:tl'ehased-e~el'al-l--el'-i:ft-J3al'e-BY-ehe-ei:ey
aftO-f.ft-pal'e-ey-afteehel'-pal'ey-el'-pal'ei:es-shal-l--ee-as-see-fel'eh-i:ft
eftf.s-st:taseeef.eft.--~hese-€ees-sftal-l--eftl-y-appl-y-wheft-ehe-J3l'eJ3el'ey
ee-ee-sel'~ee-f.s-a-~el'ef.eft-e€-ehe-el'i:~f.ftal--J3l'eJ3el'ey-€el'-whi:eh-efie
w8eel'-l-f.ftes-wel'e-f.ftseal-l-ed-ey-ehe-J3l'f.~aee-~al'ey-aftd,-J3l'e~f.ded
ft:tl'efiel',-ehese-fees-shal-l--"ee-a~J3l-y'-whel'e-eeftfteeef.eft-i:s-ffi66e-ee
l-f.ftes-pt:tl'ehaSee-By-ehe-ef.ey.--Pfte-feeS-al'e-as-fel-l-ews~
(1) Single-family residence, each: $250.00.
(2) Motels and hotels, per unit: $155.00.
(3) Structures with two (2) or more family units, per
unit: $175.00.
(4) Nursing and convalescent homes, per room
1[11
(calculated at 2 beds = 1 room): $125.00.
(5) Trailers, per space: $125.00.
(6) Professional and office builnings, per 600 square
feet of building area: $125.00.
July 5, 1983
I II
-15-
Item II-F.4
CONSENT AGENDA
ITEM # 20249
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to ADOPT an Ordinance, on SECOND READING, to appropriate funds of
$49,100 to provide for additional classroom and office space for Tidewater
Virginia Alcohol Safety Action Program (TVASAP).
, .
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.
July 5, 1983
1 I,
-16-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $49,100 TO PROVIDE
FOR ADDITIONAL CLASSROOM AND
OFFICE SPACE FOR TIDEWATER
VIRGINIA ALCOHOL SAFETY ACTION
PROGRAM (TV ASAP)
WHEREAS, TVASAP is in need of additional classroom
and office space because of the increasing number of
court referrals in both Virginia Beach and Norfolk
and because of the reduction in classroom time at
the Norfolk Community Centers when TVASAP holds
meetings, and
WHEREAS, additional space can be provided by
the expansion of the TVASAP location in Virginia
Beach on Cleveland Street and the relocation of
TVASAP in Norfolk to a site on Hampton Boulevard, and
WHEREAS, the cost for the additional space
which includes rent, classroom modifications, utilities,
supplies, and other items totals $49,100, and
WHEREAS, funds may be appropriated for these
costs from the TVASAP Fund Balance.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $49,100 be
appropriated from the Fund Balance of TVASAP to
provide TVASAP with additional classroom and office
space at its location on Cleveland Street and a
location on Hampton Boulevard.
BE IT FURTHER ORDAINED that the City Manager is
hereby authorized to execute the appropriate lease
agreements for TVASAP for this additional space.
The ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on
5th
day of
July
, 1983.
FIRST READING:
June 27, 1983
SECOND READING:
July 05, 1983
July 5, 1983
9fW1o tt( ufr~
-17-
Item II-F.5
CONSENT AGENDA
ITEM # 20250
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to APPROVE an Ordinance, on FIRST READING, to accept funds totaling
$51,511 from the Virginia Housing Development Authority and to appropriate
these funds for the Section 8 existing housing program.
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.
July 5, 1983
i I ill I
-18-
Requested by the Office of Housing and Community Development
AN ORDINANCE TO ACCEPT FUNDS TOTALING
$51,511.00 FROM THE VIRGINIA HOUSING
DEVELOPMENT AUTHORITY AND TO APPROPRIATE
THESE FUNDS FOR THE SECTION 8 EXISTING
HOUSING PROGRAM
"-I'
WHEREAS, the City of Virginia Beach has participated
...;1
and wishes to continue its participation in the Section 8
Existing Housing Program; and
WHEREAS, the Virginia Housing Development Authority
(VHDA) has submitted a proposed Administrative Services Aqreement
and applicable addendum for the implementation of a Housing
Assistance Payments Program for Existing Housing; and
WHEREAS, the Office of Housing and Community
Development (OHCD) has been designated to administer the program,
which will assist in housing low and moderate income persons; and
WHEREAS, the total budget to administer the Section 8
Existing Housing Program is $62,875.00, with VHDA providing
$51,511.00 of the program cost and $11,364.00 being provided from
the City's Community Development Block Grant Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept
funds for the City, and funds are hereby appropriated for the
following purpose:
Partial funding for the City's Section 8 Existing
Housing Program in the amount of $51,511.00.
BE IT FURTHER ORDAINED that three personnel positions
are hereby authorized for the duration of the funding, to be paid
by VHDA and supplemented by OHCD as indicated on the attached
sheet labelled "Exhibit A."
j,i'>t\
AND BE IT FURTHER ORDAINED that the City Manager is
\,~, :
hereby authorized to enter into an Administrative Services
Agreement with VHDA for implementation of a Housing Assistance
Payment Proqram for Existing Housing. Said agreement is attached
July 5, 1983
1 ,I
-19-
hereto and incorporated by reference.
FIRST READING:
July 05, 1983
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia on this
day of
, 1983.
APPROVED AS TO CONTENT
APPROVED AS TO FORM
Assistant to the City Manager for
Housing and Community Development
City Attorney
(C)
July 5, 1983
-2-
I I
-20-
Item II-F.6
CONSENT AGENDA
ITEM # 20251
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to APPROVE an Ordinance, on FIRST READING, to increase the staffing of
the Sheriff's Office.
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.
July 5, 1983
1 ,I ,
-21-
AN ORDINANCE TO INCREASE THE
STAFFING OF THE SHERIFF'S OFFICE
,.....,
WHEREAS, the State Compensation Board recently approved one Baliff,
seven Process Servers and temporary position funding above that approved in the
City's ficsal year 1983-1984 operating budget and,
WHEREAS, these positions are necessary to offset the increase in
workload resulting from the elimination of the High Constable's office and
from the addition of a Judge to the Traffic Court and,
WHEREAS, the positions require appropriations 1n the Sheriff's office
to be increased by $150,129 of which $122,857 will be funded by the State
Compensation Board,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that the appropriations in the Sheriff's office be increased by $150,129
for the addition of eight positions offset by the increase in estimated revenues
~w,
from the Commonwealth of $122,857 and an appropriation from the General Fund
Balance of $27,272.
First Reading:
July 05, 1983
Second Reading:
Approved by the Council of the City of Virginia Beach on the
day
, 1983.
of
July 5, 1983
L-1-0RD6
-1-
II
-22-
CITY OF VIRGINIA BEACH, VIRGINIA
COST SUMMARY
OF ADDITIONAL POSITION FOR SHERIFF'S OFFICE
City State Total
Cost Item Supplement Reimbursement Cost
,...- laries $ 13,646 $ 95,902 $ 109,548
mporary Salaries 13,698 13 ,698
Total Salaries $ 13,646 $ 109,600 $ 123,246
FICA (6.7%) $ 914 $ 7,343 $ 8,257
Retirement (10.87% Total, 5.87% State) 6,279 5,629 11 ,908
Life Insurance (1.05% Total, .2973% State) 865 285 1,150
Health Insurance ( 8 x $696) 5,568 5,568
$ 27 ,272 $ 122,857 $ 150,129
.,
L-I-0RD6W
July 5. 1983
I I
-23-
Item II-F.7
CONSENT AGENDA
ITEM # 20252
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to ADOPT an Ordinance authorizing certain changes in compensation for
City Council Appointees.
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.
July 5, 1983
I I II I
-24-
AN ORDINANCE AUTHORIZING
CERTAIN CHANGES IN COMPENSATION
FOR CITY COUNCIL APPOINTEES
WHEREAS, City Council has approved in the FY84
operating budget a general salary increase of 5%
for all classified city employees effective
August 1, 1983, and
WHEREAS, City Council desires to include in
this general increase Council appointees with the
exception of the City Manager whose compensation will
be increased by 5% retroactive to June 1, 1983,
the anniversary date of Mr. Muehlenbeck's employment
with the Council.
WHEREAS, these changes in compensation will
require additional total funding of $13,990 in
salaries and fringe benefits for these positions
in the budget and these funds can be provided by
transfer from the General Fund Reserve for
Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that the following changes
in compensation for Council appointees are hereby
approved:
1. City Manager - Increase salary
5% retroactive to June 1, 1983
2. City Assessor - Increase salary
5% effective August 1, 1983
3. City Attorney - Increase salary
5% effective August 1, 1983
4. City Clerk - Increase salary
5% effective August 1, 1983
BE IT FURTHER ORDAINED that funds of $13,990
be transferred from the General Fund Reserve for
Contingencies to provide for these changes in compen-
sat ion for these positions.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach on
5th
day of
July
, 1983.
Julv 5. 1983
II ,I
-25-
Item II-F.8
CONSENT AGENDA
ITEM # 20253
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to APPROVE the low bid of Asphalt Roads and Materials Company, Inc.
in the amount of $1,022,649 for the 1983-84 Bituminous Concrete Maintenance
Resurfacing and Profile Schedule; AND, authorized the City Manager to enter
into the necessary agreements for the implementation of this project.
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.
July 5, 1983
-26-
Item II-F.9
CONSENT AGENDA
ITEM II 20254
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to APPROVE the low bid of Asphalt Roads and Materials Company, Inc.
in the amount of $86,665 for the 1983-84 Various Roads Contract; AND, authorized
the City Manager to enter into the necessary agreements for the implementation
of this project.
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.
July 5, 1983
II I
-27-
Item II-F.10
CONSENT AGENDA
ITEM # 20255
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to APPROVE the low bid of Rea Construction Company, Inc. in the amount
of $57,800.61 for the 1983-84 Emulsified Asphalt Slurry Seal Schedule; AND,
authorized the City Manager to enter into the necessary agreements for the
implementation of this project.
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.
July 5, 1983
-28-
Item II-F.ll
CONSENT AGENDA
ITEM II 20256
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to APPROVE Raffle Permits for:
CATHOLIC DAUGHTERS OF THE AMERICAS - COURT STELLA MARIA tf188l
PRINCESS ANNE WOMEN'S CLUB
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.
July 5, 1983
-29-
Item II-F.12
CONSENT AGENDA
ITEM # 20257
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to ADOPT an Ordinance authorizing tax refunds upon application of certain
persons and upon certification of the City Treasurer for payment in the amount of
$904.80.
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.
July 5, 1983
F( M NO. C.A. 7
-30-
6/20/83 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:
p' .
NAME
Tax
Year
Type
of Tax
Ticket
Number
Exonera- Date P I I T I
ena ty nt. ota
tion No. Paid
3etty H Bryant 83 Pkng 64887 5/17/83 1 5 . 00
;tephen & Clancy Mundy 83 RE(1/2) 58554-8 2/16/83 1 00. 14
:'ra.nk H Meyer 83 PP 96489-7 5/23/83 16.50
~alr'k B Antal 83 pp 3642-7 6/5/83 37.50
:urtis R Bratcher 83 pp 15804- 5 5/31/83 18.00
~i"11 i am & Nguyent Bynum 83 pp 20945-5 6/1 /83 179.28
3ernhard J Karoly Jr 82 pp 147930-3 2/2/83 83.31
:harles W Gardner Jr 78 PP 119806 2/14/83 163.42
< W Franck 82 PP 43958-6 3/11/83 291.65
Total 904.80
~"'...J. r:~"-=
I ~.. :\ :~. -. ~.. 1~' 7q~rm
llS;;'~)'~"" ~~
JUN ~2 ]OR1
DEPT. OF LAW
This ordinance shall be effective from date of adoption.
The above abatement( s) total i n9
$ 904 . 80 were approved by
the Council of the City of Virginia
Beach on the---5--day of ,Tll1yJ..983.
~
Ruth Hodges Smith
City Clerk
July 5, 1983
-31-
Item II-F.13
CONSENT AGENDA
ITEM # 20258
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech, City Council
voted to APPROVE the request of the City Treasurer to charge off uncollectible
checks in the amount of $460.93. A list of uncollectable returned checks
(dated May 24, 1983) from the City Treasurer is hereby made a part of the record.
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.
July 5, 1983
-32-
Item II-G. 2
PLANNING ITEM
ITEM II 20259
Ransom Etheridge, Attorney, represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilman Jennings, City
Council ADOPTED, as MODIFIED, the application of GEORGE C. FREEMAN for a
Change of Zoning from R-6 Residential District to A-2 Apartment District
per the follm..ing:
ORDINANCE UPON APPLICATION OF GEORGE C. FREEMAN FOR
A CHANGE OF ZONING FROM R-6 TO A-3 (MODIFIED TO A-2)
Z0783732
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of George C. Freeman for
a Change of Zoning District Classification from R-6
Residential District to A-3 (MODIFIED TO A-2)Apartment
District on certain property located at the northeast
corner of North Greenwell Road and Pleasure House Road,
running a distance of 505.70 feet along the north side of
North Greenwell Road, running a distance of 174.89
feet along the eastern property line, running a
distance of 451.88 feet along the northern property
line and running a distance of 189.2 feet along the
east side of Pleasure House Road. Said parcel con-
tains 1. 95 acres. BAYSIDE BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. On-site retention of stormwater.
It is also agreed that the following condition will be met:
1. Modified to A-2 Apartment District.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of July, Nineteen Hundred, Eighty-Three.
Voting: 10-0
Council MembeTs 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 Membe:rs Absent:
J. Henry McCoy, Jr., D.D.S.
July 5, 1983
-33-
Item II-G.3
PLANNING ITEM
ITEM # 20260
Helen Moore represented herself.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council DENIED the application of VONNIE L. AND MARY HELEN MOORE for a
Change of Zoning from R-6 to 0-1 per the following:
ORDINANCE UPON APPLICATION OF VONNIE L. AND MARY HELEN
MOORE FOR A CHANGE OF ZONING FROM R-6 TO 0-1
Ordinance upon application of Vonnie L. and Mary Helen
Moore for a Change of Zoning District Classification
from R-6 Residential District to 0-1 Office District
on the southwest corner of South Plaza Trail and Boyd
Road on Lot 1, Block 1, Princess Anne Plaza. Parcel
is located at 129 South Plaza Trail and contains
9809 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
July 5, 1983
-34-
Item II-G.l
PLANNING ITEM
ITEM /I 20261
Rena Black represented herself.
Mrs. Swinney called Vice Mayor Henley stating her opposition to the application.
Upon motion by Councilman McCoy, seconded by Councilwoman McClanan, City
Council, in RECONSIDERING the application of RENA A. BLACK, for a Condi-
tional Use Permit, voted to MODIFY condition Number 2 (Item /I 20100 approved
June 13, 1983) to increase the number of persons using the facility at any
one time from FOUR (4) to EIGHT (8) as per the following:
ORDINANCE UPON APPLICATION OF RENA A. BLACK FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(EXERCIS ING)
Ordinance upon application of Rena A. Black for a
Conditional Use Permit for a home occupation
(exI2rcising) on the west side of Lotus Drive, 500
feet north of Sandbridge Road on Lot l2B, Lotus
Garden Fams. Property located at 1429 Lotus Drive
and contains 1.056 acres. PRINCESS ANNE BOROUGH.
The following are required:
1. Approval is for a period of one (1) year.
2. There shall be no more f6tl~-~4t eight (8) persons using the
facility at anyone time.
3. There shall be no loud music or other noise generated from the
facility.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Bar"bara 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
July 5, 1983
-35-
Item II-G.4
PLANNING ITEM
ITEM II 20262
Douglas Talbot represented the applicant.
The following were in opposition to the application:
Walt Vargo
Rae LeSene
Helen Love
James Morrison
Upon motion by ~ouncilwoman McClanan, seconded by Councilman Baum, City
Council DENIED the application of NIMMO CORNER CORPORATION for a Change
of Zoning from R-3 to R-5. A SUBSTITUTE MOTION was made by Councilman Jones,
seconded by Councilman McCoy, to allow WITHDRAWAL of the said application
(Substitute Motion LOST by a vote of 3-8.)
ORDINANCE UPON APPLICATION OF NIMMO CORNER CORPORATION
FOR A CHANGE OF ZONING FROM R-3 TO R-5
Ordinance upon application of Nimmo Corner Corporation
for a Change of Zoning District Classification from R-3
Residential District to R-5 Residential District on
certain property located on the south side of Princess
Anne Road beginning at a point 1200 feet more or less
west of Oceana Boulevard, running a distance of 2200
feet more or less along the south side of Princess Anne
Road, running a distance of 3322.50 feet in a south-
easterly direction, running a distance of 2219.30
feet in a northeasterly direction, running a distance
of 758 feet in a northwesterly direction and running
a distance of 1171.50 feet in a northerly direction.
Said parcel contains 103 acres. PRINCESS ANNE BOROUGH.
Voting:
3-8 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
Mayor Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III,
Reba S. McClanan, Meyera E. Oberndorf
Voting:
10-1 (MAIN MOTION TO DENY CARRIED)
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:
J. Henry McCoy, Jr., D.D.S.
July 5, 1983
*
(Motion to deny subject to study of this quadrant of land being included in
the regular review of the Comprehensive Plan.)
-36-
Item II-G.5
PLANNING ITEM
ITEM /I 20263
Attorney Leigh Ansell represented the applicant.
Donald E. Chapman, Design Architect, was in favor of the application.
Others in favor of the application were Charles Criswell and Sam Houston.
Larry Goldrich, owner and applicant, spoke in behalf of Point 0' Woods Company.
In opposition to the application were Robert P. Green and Thomas Weikel.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council voted to APPROVE the application of POINT 0' WOODS for a Change of
Zoning from B.-2 to A-2, upon the ADDITION of a fourth condition -- noise
zone disclosure in the lease.
ORDINANCE UPON APPLICATION OF POINT 0' WOODS COMPANY,
A VIRGINIA CORPORATION, FOR A CHANGE OF ZONING FROM
B-2 TO A-2
Z0783733
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Point 0' Woods Company,
a Virginia Corporation, for a Change of Zoning District
Classification from B-2 Community-Business District
to A-2 Apartment District on certain property located
at the northeast intersection of Reagan Avenue and Old
Great Neck Road, running a distance of 900 feet more
or less along the east side of Old Great Neck Road,
running a distance of 434.51 feet along the northern
property line, running a distance of 185 feet along
the west side of North Great Neck Road, running a
distance of 58 feet in a westerly direction, running
a distance of 720 feet in a southwesterly direction
and running a distance of 230.72 feet in a westerly
direction. Said parcel contains 8.043 acres.
LYNNHAVEN BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan and Sub-
division Ordinances, including curb, gutter, sidewalk and
pavement widening.
2. City water and sewer.
3. On-site retention of storm water or prOV1Slons for a positive
drainage system with all necessary downstream easements and
improvements at the time of development.
The following will be required:
1. Disclosure in lease of "Noise Zone".
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of July, Nineteen Hundred, Eighty-Three.
July 5, 1983
-36a-
Item II-G.5
PLANNING ITEM
ITEM # 20263 (continued)
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Reba S. McClanan, Meyera E. Oberndorf
Council Members Absent:
None
July 5, 1983
-37-
Item II-G.6
PLANNING ITEM
ITEM 11 20264
Senator Joseph Canada, attorney representing the applicant, was unable to
remain at the meeting and requested a withdrawal.
Sharlene Harris spoke in opposition to the application.
Upon motion by Councilman Jennings, seconded by Councilman Heischober, City
Council DENIED the applicationsof HERBERT C. CULPEPPER, CAROLYN A. CULPEPPER,
AND F. O. POWERS for a Change of Zoning from R-8 to B-2;
AND,
a Conditional Use Permit for a self-service gas station, per the following:
ORDINANCE UPON APPLICATION OF HERBERT A. CULPEPPER,
CAROLYN A. CULPEPPER AND F. O. POWERS FOR A CHANGE
OF ZONING FROM R-8 TO B-2
Ordinance upon application of Herbert A. Culpepper,
Carolyn A. Culpapper and F. o. Powers for a Change
of Zoning District Classification from R-8 Residential
District to B-2 Community Business District on certain
property located at the southeast corner of Virginia
Beach Boulevard and Oceana Boulevard, running a dis-
tance of 213.10 feet along the south side of Virginia
Beach Boulevard, running a distance of 135 feet along
the eastern property line, running a distance of 213.10
feet along the southern property line and running a
distance of 135 feet along the east side of Oceana
Boulevard. Said parcel contains 28,033 square feet.
LYNNHAVEN BOROUGH.
ORDINANCE UPON APPLICATION OF HERBERT A. AND CAROLYN A.
CULPEPPER AND F. O. POWERS FOR A CONDITIONAL USE PERMIT
FOR A SELF-SERVICE GAS STATION
Ordinance upon application of Herbert A. and Carolyn A.
Culpepper and F. O. Powers for a Conditional Use Permit
for a self-service gas station on certain property
located at the southeast corner of Virginia Beach Boule-
vard and Oceana Boulevard, running a distance of 213.10
feet along the south side of Virginia Beach Boulevard,
running a distance of 135 feet along the eastern property
line, running a distance of 213.10 feet along the southern
property line and running a distance of 135 feet along
the east side of Oceana Boulevard. Said parcel contains
28,033 square feet. LYNNHAVEN BOROUGH.
July 5, 1983
-38-
I tem II-G.6
PLANNING ITEM
ITEM # 20264 (continued)
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
July 5, 1983
-39-
Item II-G. 7
PLANNING ITEH
ITEM II 20265
Upon motion of Councilman Heischober, seconded by Councilman Jennings, City
Council voted to allow WITHDRAWAL of the application of CREATIVE DISPLAYS,
INC. for a Conditional Use Permit for three l2-foot x 25-foot billboards
per the following:
ORDINANCE UPON APPLICATION OF CREATIVE DISPLAYS, INC.
FOR A CONDITIONAL USE PERMIT FOR THREE l2-FOOT x 25-FOOT
BILLBOARDS
Ordinance upon application of Creative Displays, Inc. for
a Conditional Use Permit for three l2-foot x 25-foot bill-
boards on certain property located at the southeast corner
of Virginia Beach Boulevard and North Birdneck Road,
running a distance of 576.44 feet along the south side
of Virginia Beach Boulevard, running a distance of 133.56
feet in a southerly direction, running a distance of 250
feet in a southeasterly direction, running a distance of
600 feet in a southwesterly direction, running a distance
of 400 feet in a westerly direction, running a distance of
200 feet in a northwesterly direction and running a
distance of 600 feet more or less along the east side of
North Birdneck Road. Said parcel contains 10.35 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,
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:
Robert G. Jones
July 5, 1983
II I
-40-
Item II-G.8
PLANNING ITEM
ITEM # 20266
Howard Gray represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilman Heischober, City
Council voted to APPROVE the application of HALSPOT ASSOCIATES AND HILLTOP
CARWASH, INC. for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF HALSPOT ASSOCIATES AND
HILLTOP CARWASH, INC. FOR A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE SERVICE STATION
R0783552
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Halspot Associates and
Hilltop Carwash, Inc. for a Conditional Use Permit for
an automobile service station on certain property located
on the east side of First Colonial Road beginning at a
point 360 feet more or less south of Donna Boulevard,
running a distance of 160 feet along the east side of
First Colonial Road, running a distance of 180 feet along
the southern property line, running a distance of 160
feet along the eastern property line and running a dis-
tance of 200 feet along the northern property line. Said
parcel contains 24,500 square feet. LYNNHAVEN BOROUGH.
The following may be required:
1. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of July, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones and Robert G. Jones
July 5, 1983
-41-
Item II-G.9
PLANNING ITEM
ITEM 11 20267
Tuck Bowie of Talbot and Associates represented the applicant.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the application of JOHN F. HARRIS, PRESIDENT, AFFORD-
ABLE HOMES, INC. for a Conditional Use Permit for mini-warehouses per the
following:
ORDINANCE UPON APPLICATION OF JOHN F. HARRIS, PRESIDENT,
AFFORDABLE HOMES, INC. FOR A CONDITIONAL USE PERMIT FOR
MINI-WAREHOUSES
R0783553
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of John F. Harris, President,
Affordable Homes, Inc. for a Conditional Use Permit for
mini-warehouses on certain property located on the north
side of Holland Road beginning at a point 90.41 feet east
of Chantry Drive, running a distance of 180 feet along the
north side of Holland Road, running a distance of 292.86
feet along the eastern property line, running a distance
of 271.19 feet along the northern property line, running
a distance of 124.73 feet along the east side of Chantry
Drive, running a distance of 150 feet in a southeasterly
direction and running a distance of 150 feet in a south-
westerly direction. Said parcel contains 1.238 acres.
PRINCESS ANNE BOROUGH.
The following may be required:
1. City water and sewer.
2. Lighting shall be directed away from adjoining residential areas.
3. A six-foot privacy fence along the eastern property line.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of July, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Louis R. Jones and Robert G. Jones
July 5, 1983
I; I
-42-
Item II-G.10
PLANNING ITEM
ITEM # 20268
Robert Steinhilber, Attorney, represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the application of the VIRGINIA BEACH CONGREGATION
OF JEHOVAH'S WITNESSES for a Conditional Use Permit for a church per the
following:
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH CON-
GREGATION OF JEHOVAH'S WITNESSES FOR A CONDITIONAL USE
PERMIT FOR A CHURCH
R0783554
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of The Virginia Beach Congregation
of Jehovah's Witnesses for a Conditional Use Permit for a
church on certain property located on the northeast side
of Pritchard Road beginning at a point 600 feet more or
less northwest of Hermes Street, running a distance of
480 feet more or less along the northeast side of Pritchard
Road, running a distance of 574.84 feet along the northern
property line (south side of Virginia Beach Toll Road),
running a distance of 100 feet in a southeasterly direction,
running a dis~ance of 118 feet in a northwesterly direction,
running a distance of 160 feet in a southerly direction,
running a distance of 100 feet in a southeasterly direction,
running a distance of 100 feet more or less in a south-
westerly direction, running a distance of 237 feet in a
northwesterly direction and running a distance of 125
feet in a southwesterly direction. Said parcel contains
3.11 acres. LYNNHAVEN BOROUGH.
The following may be required:
1. City water and sewer.
2. Installation of 18 feet of pavement with right-of-way improvements
along the frontage of the site.
The following will be required:
1. A la-foot dedication along the frontage on Pritchard Road,
25 feet from the centerline of the old 30-foot right-of-way
to provide for an ultimate 50-foot standard right-of-way.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of July, Nineteen Hundred, Eighty-Three.
July 5, 1983
-43-
Item II-G.10
PLANNING ITEM
ITEM # 20268 (continued)
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
July 5, 1983
-44-
Item II-G.11
PLANNING ITEM
ITEM If 20269
James Flippen, Jr., Attorney, represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City
Council APPROVED the application of TEXACO, INC. for a Conditional Use Permit
for a gas bar and carwash per the following:
ORDINANCE UPON APPLICATION OF TEXACO, INC. FOR A
CONDITIONAL USE PERMIT FOR A GAS BAR AND CARWASH
R0783555
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Texaco, Inc. for a Conditional
Use Permit for a gas bar and carwash on the northeast
corner of Virginia Beach Boulevard and Newtown Road on
Lots 1 and 2, Milburn Manor. Said parcel is located at
5650 Virginia Beach Boulevard and contains 1.16 acres.
BAYSIDE BOROUGH.
The following may be required:
1. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of July, Nineteen Hundred, Eighty-Three.
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
July 5, 1983
*Verbal vote.
-45-
Item II-G.12
PLANNING ITEM
ITEM 1/ 20270
Grover Wright, Attorney, represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED, AND AMENDED CONDITION 3:
"3. Additional parking as determined by the Planning
staff so that all required parking is on the
subject site and none is on the adjacent State
property tln~if-neeess8~Y-8PP~6V8ls-8~e-Seetl~ea
~6~-tlSe-6t:-~fte-S~8~e-pf6pef~Y,"
the application of WEST NECK ENTERPRISES, INC., T/A JUNGLE FALLS CARNIVAL PARK
for a Conditional Use Permit for a recreational facility of an outdoor nature
per the follmli'ing:
ORDINANCE UPON APPLICATION OF WEST NECK ENTERPRISES, INC.,
T/A JUNGLE FALLS CARNIVAL PARK, FOR A CONDITIONAL USE
PEID1IT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE R0783556
BE IT ORDAINTI) BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of West Neck Enterprises, Inc.,
t/a Jungle Falls Carnival Park, for a Conditional Use Permit
for a recreational facility of an outdoor nature to include
game room, concession stand, bumper boats, petting zoo,
pony rides, baseball pitching machines and batting cages,
Nascar track, outdoor roller rink, children's rides, adult
rides and white water raft ride on certain property
located on the west side of General Booth Boulevard
beginning at a point 1100 feet more or less north of South
Birdneck Road, running a distance of 1170 feet more or less
along the southern property line, running a distance of
618 feet more or less along the western property line,
running a distance of 194.03 feet along the northern
property line, running a distance of 879 feet more or less
in a southeasterly direction, and running a distance of 50
feet along the west side of General Booth Boulevard. Said
parcel contains 9.31 acres. LYNNHAVEN BOROUGH.
The following may be required:
1. City water and sewer.
2. No dredging, filling, bulkheading or other waterfront-
related activities will be permitted without the proper
permits from the appropriate local, federal, and state
agencies.
3. Additional parking as determined by the Planning staff
so that all required parking is on the subject site and
none is on the adjacent State property.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of July, Nineteen Hundred, Eighty-Three.
July 5, 1983
-46-
Item II-G.12
PLANNING ITEM
ITEM # 20270 (continued)
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
July 5, 1983
-47-
Item II-G.13
PLANNING ITEM
ITEM II 20271
Grover Wright, Attorney, represented the applicant.
City Engineer Donald Trueblood made a presentation upon the request of the
City Manager.
In opposition to the application were:
Robert Cromwell, Attorney
James A. Murphy, Jr.
Thomas Barton, Jr.
Thomas Cherney
Upon motion of Councilman Jennings, seconded by Councilman Heischober, City
Council voted to DENY the application of SEA BREEZE FARM, INC. for variances
to Sections 4.l(m), 5.5(a), and 5.5(b) of the Subdivision Ordinance per the
following:
Appeal from decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Sub-
division for Sea Breeze Farm, Inc. Property located at
the northeast intersection of West Little Neck Road and
Little Neck Road. Plats with more detailed information
are available in the Department of Planning. LYNN HAVEN
BOROUGH.
Voting: 9-2
Council Members Voting Aye:
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, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum and Reba S. McClanan
Council Members Absent:
None
July 5, 1983
-48-
Item II-G.14
PLANNING ITEM
ITEM II 20272
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City
Council voted to DEFER to August 1, 1983 an Ordinance closing, vacating and
discontinuing a portion of an undeveloped 3D-foot right-of-way which runs
north from Hatteras Road to Citation Drive in the petition of DAVID F. AND
TINA L. ELLIS (Kempsville Borough). (This matter was deferred for 30 days
on May 9, 1983, for two weeks on June 13, 1983, and for an additional week on
June 27, 1983.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McC1anan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr.
July 5, 1983
-49-
Item II-G.15
PLANNING ITEM
ITEM It 20273
Grover Wright, Attorney, represented the applicant.
In opposition to the application were:
Thrnnas E. Snyder, Attorney (presented petition--part of the record)
E. T. Caton, Attorney, representing Ted Barr
Bruce Murphy, Attorney
L. H. Robeson
Upon motion by Councilman Kitchin, seconded by Councilman Jennings, City Council
voted to APPROVE, WITH THE ADDITION OF A FIFTH CONDITION (AS NOTED BELOW), the
Ordinance closing, vacating and discontinuing a portion of 34th Street between
Atlantic Avenue and Atlantic Boulevard in the petition of GAY VACATIONER
ASSOCIATES per the following:
Application of Gay Vacationer Associates for the discon-
tinuance, closure and abandonment of a portion of 34th
Street beginning at the eastern boundary of Atlantic
Avenue and running in an easterly direction a distance
of 150 feet. Said parcel is 60 feet in width and contains
9,000 square feet. VIRGINIA BEACH BOROUGH.
Approval is subject to the following:
1. Conveyance to the City of adjoining property to the north of
equal size and area as the portion of street to be closed in
order to provide equivalent access to the beach and boardwalk.
2. Provision of right-of-way improvements, as required by City
staff, on the parcel to be conveyed to the City.
3. Redirection of drainage and outfall systems along the existing
34th Street.
4. This closure shall not take place until dedication and improve-
ment of the relocated right-of-way to the north is completed.
5. The street closure shall not be in effect until the City has
approved the site and building plans for the project which
approval will not be withheld if substantially the same
project is presented to City Council for approval.
This Ordinance shall be effective thirty (30) days from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of July, Nineteen Hundred, Eighty-Three.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones*, Robert G. Jones*, W. H. Kitchin, 111*, Reba S.
McClanan, and J. Henry McCoy, Jr., D. D. S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley and Meyera E. Oberndorf
I Ii I
r
-50-
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
GAY VACATIONER ASSOCIATES,
a Virginia general partnership
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF 34TH STREET, IN VIRGINIA BEACH
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicant, Gay Vacationer Associates, to be presented
to the City Council of the City of Virginia Beach, Virginia,
day of
, 1983, for the vacation of
on the
the hereinafter described public street in the City of
Virginia Beach, Virginia, was on the 2nd
day of May
, 1983, duly
9th day of
May
1983, and on the
published twice with six days elapsing between the two
publications in a newspaper published or having general
circulation in the City of Virginia Beach, Virginia,
specifying the time and place of hearing at which affected
persons might appear and present their views, in conformity
with the manner prescribed by Code of Virginia, Section
15.1-364, for the institution of proceedings for the
vacation of a public street; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
16th day of May
, 1983, and in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364, for
the conduct of such proceedings, the City Council of the
City of Virginia Beach, Virginia, on the 16th day of May
1983, appointed
and
, as viewers to view such street
and report in writing whether in their opinion any, and if
any, what inconvenience would result from discontinuing the
same, and said viewers have made such report to the City
Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
GROVER C. WRIGHT. JR.
j, rOC<.NEY AND COUNSELLOR AT LAW. P.c.
SUITE 808 BEACH TOWER BUILDING
8880 PACIIl'JC AVENUE
V' RGINIA BEACH, VIRGINIA 23458
July 5, 1983
i II
f
-51-
the street proposed to be vacated, it is the judgment of the
City Council of the City of Virginia Beach, Virginia, that
these proceedings have been instituted, conducted and
concluded in the manner prescribed by Code of Virginia,
Section 15.1-364, that no inconvenience would result from
,'"
vacating and discontinuing the portion of said street, and
that the portion of said street should be vacated and
discontinued;
NOW, THEREFORE, BE IT ORDAINED By the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of 34th Street in
the Borough of Virginia Beach, in the City of Virginia
Beach, Virginia, be and the same is hereby vacated and
discontinued:
,,.,
All that portion of 34th Street between
Atlantic Avenue and Atlantic Boulevard
in Virginia Beach Borough of the City of
Virginia Beach, Virginia, as shown on
Plat No. 3 of Part of the Property of
Virginia Beach Development Company,
recorded in the Clerk's Office of the
Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 3, at page
177, and as shown on the plat attached
hereto entitled "Plan Showing Relocation
of 34th St. and Property of Sea Pine
Associates and Gay Vacationer Associates,
Virginia Beach Borough, Virginia Beach,
Virginia," dated March 9, 1983, and made
by Wilfred P. Large, C.L.S.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor, and
in the name of Gay Vacationer Associates, as grantee, in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, at the expense of the applicant.
3. This ordinance shall be effective thirty (30)
days from the date of its adoption.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held
on the 5th day of July , 1983.
TESTE: RUTH SMITH, CITY CLERK
By
City Clerk
-2-
July 5, 1983
-52-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Gay Vacationer Associates has given due
and proper notice in accord with law that it would, on the
16th day of
May
, 1983, apply to the City
Council of the City of Virginia Beach, Virginia, for the
appointment of viewers to view the below-described portion
of 34th Street in Virginia Beach Borough, in the City of
Virginia Beach, Virginia, and to report in writing to this
Council whether, in the opinion of said viewers any, and if
any, what inconvenience would result from the
discontinuance, closure and abandonment of said portion of
34th Street; and
WHEREAS, such application has been properly filed
with this Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia, that
and
be
and each of them is hereby appointed to view that certain
portion of 34th Street between Atlantic Avenue and Atlantic
Boulevard as shown on the plat of "Plat No. 3 of Part of the
Property of Virginia Beach Development Company," which is
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach in Map Book 3, page 177, and said
viewers shall report in writing to this Council on or before
, 1983, at 2:00 p.m., whether in their
opinion any, and if any, what inconvenience would result to
the public from the discontinuance, vacation and abandonment
of said portion of 34th Street.
GROVER C. WRIGHT.;rR.
1', rOJ<NEY AND COUNSELLOR AT LAW. P.C.
July 5, 1983
SUITE 80S BEACH TOWER BUn..DING
8990 PACIlI'IC AVENUE
V I RGINIA BEACH, VffiGINIA 23458
~
-53-
IN THE MATTER OF THE APPLICATION OF
GAY VACATIONER ASSOCIATES, A VIRGINIA
LIMITED PARTNERSHIP, FOR THE CLOSURE,
VACATION AND DISCONTINUANCE OF A PORTION
OF 34TH STREET BETWEEN ATLANTIC AVENUE
AND ATLANTIC BOULEVARD, IN VIRGINIA BEACH
BOROUGH, ON PLAT ENTITLED "PLAT NO. 3 OF
PART OF THE PROPERTY OF VIRGINIA BEACH
DEVELOPMENT COMPANY"
PETITION
TO: The City Council of the
City of Virginia Beach,
Virginia Beach, Virginia
Your petitioner, the applicant, Gay Vacationer
Associates, a Virginia limited partnership, who owns Lots 5
and 6 adjacent to the south side of 34th Street between
Atlantic Avenue and Atlantic Boulevard and owns Lot 1 and
the southern la' of Lot 2 adjacent to the northern side of
the aforesaid portion of 34th Street, as shown on Plat No. 3
of Part of the Property of Virginia Beach Development
Company, in Virginia Beach Borough, Virginia Beach,
Virginia, hereby applies for the vacation, closing and
discontinuance of that portion of 34th Street between
Atlantic Avenue and Atlantic Boulevard shown on the
aforesaid plat which is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 3, page 177.
Your petitioner and applicant alleges that no
inconvenience will result to the public by reason of said
closure and asks that Council appoint viewers as provided by
law to view the said portion of 34th Street sought to be
closed and report in writing to the Council as to whether in
the opinion of the viewers what inconvenience, if any, would
result from the discontinuance and closure as herein sought,
at which time the petitioner will ask for passage of an
ordinance vacating the portion of 34th Street sought to be
closed herein.
May 2
, 1983, and on Hay 9
On
1983, notice of intention to apply for such vacation to the
Council was published as required by law in the VIRGINIAN-
GROVER C. WRIGHT. JR.
"' 'I'OE"NEY AND COUNSELLOR AT LAW. P.C.
surrE 80S BEACR TOWBR BUu..DING
8880 PACIlI'IC AVENUE
July 5. 1983
':RGINlA BEACH, VIRGINIA 23458
-54-
PILOT, a newspaper published or generally circulated in
Virginia Beach, Virginia.
~,"~>.
p.g.
23458
Respectfully submitted,
GAY VACATIONER ASSOCIATES, a
Virginia limited P~hiP
By ~1W~
Harvey H. Shiflet,
General Partner
July 5, 1983
-55-
GROVER C. WRIGHT. JR.
ATTORNEY AND COUNSELLOR AT LAW, P.C.
SUITE 303 BEACH TOWER BUILDING
3330 PACIFIC A VENUE
VIRGINIA BEACH, VIRGINIA 23458
April 5, 1983
POST OFFICE BOX III
AREA CODE 804 428-2741
CERTIFICATE OF VESTING OF TITLE
I, Grover C. Wright, Jr., attorney for Gay Vacationer
Associates, do hereby certify that:
1. I am an attorney at law and represent Gay
Vacationer Associates, the petitioner.
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 Gay Vacationer
Associates, the adjacent landowners.
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, State
of Virginia, designated as that portion of 34th
Street lying between Atlantic Avenue and Atlantic
Blvd., as shown on Plat No.3 of Part of the Property
of Virginia Beach Development Company, which plat is
recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 3, page 177.
- .- - _.._~-----
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Grover C. Wrighe;---J::;. ~
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July 5, 1983
-56-
COUNCIL RECESSED AT 7:55 p.m. and RECONVENED AT 8:05 p.m.
II-H
UNFINISHED BUSINESS
ITEM II 20274
On behalf of Mr. Gordon Oliver, Councilman Jennings requested Council RECONSIDER
the application for rezoning.
Mayor Louis R. Jones advised those present that speakers' comments would be
"limited to reconsideration only". Also, there was a limitation placed on
the number of speakers; i.e., two in favor and two in opposition, each being
allowed three minutes. However, if only one elected to speak then six minutes
would be allowed.
Gordon Oliver represented himself.
Grover Wright, Attorney, represented the Haygood Point-Lake Smith Terrace Civic
League.
Councilman Jennings read the following letter (dated June 27, 1983):
"To the Honorable Mayor and Members of City Council:
In my opinion, the council meeting held June 6th gave proper
and valid consideration to a petition which has since been
proven to have been obtained by unfair and fraudulent
means.
The following facts and accompanying letters bear out my
allegations.
1. The current president of the Lake Smith Terrace-
Haygood Point Civic League actively solicited signatures on a
petition with incorrect information.
2. The name of the current Vice-President of the Civic
League appears twice on the petition.
3. The name of a former Civic League President appears
twice on the petition; he too solicited with incorrect information.
4. Three of the directors of the Civic League solicited
with incorrect information. Two of their names appear twice on
the petition.
5. There is confirmed evidence of at least one forged
signature on the petition.
6. The petition contains names of individuals with
addresses totally removed from the area in question.
7. One name appears on the petition three times.
These actions have shown a total disregard for the ethics which the
Civic League professes to maintain, and constitute a complete
misrepresentation of the facts.
I am personally aware of a significant number of people who signed
the petition in opposition who have since realized that they
were misled and who now wish to support my application.
I strongly urge Council, in the interests of justice, to set aside
this decision and reconsider the application solely on its merits.
Respectfully yours,
C. Gordon Oliver"
July 5, 1983
-57-
Item II-H
UNFINISHED BUSINESS
ITEM # 20274 (continued)
A second letter (dated June 4, 1983) read by Councilman Jennings follows:
"City Council,
"Recently, we signed a patition (sic) in opposition to the re-
zoning of Mr. Gordon Olivers land. After signing this
partition (sic) we discovered that we had been misinformed
and further investigated the matter. Mr. Oliver's proposal
is very satisfactory with us and hope you will take this
into consideration for future reference.
"I 1ilish to say that the methods used by the Lake Smith Terrace
Civic League was very under-handed, and down right dishonest.
When I asked Mr. Foberg to remove my name, I found out later
it wasn't.
"Sincerely,
"S.S. Janecka
Kathleen Janecka
1308 Bromfield Ct.
Va. Bch, Va. 23455"
A motion was lnade by Councilman Jennings, seconded by Councilman McCoy, that
City Council RECONSIDER the rezoning application of GORDON OLIVER; however,
the MOTION WAS LOST DUE TO NEGATIVE VOTES (3-7).
Voting:
3-7 (MOTION LOST)
Council Members Voting Aye:
Harold Heischober, H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
July 5, 1983
-58-
Item 11-1
NEW BUSINESS
ITEM /I 20275
Discussion:
Proposed PHD at "THREE OAKS" and the pending application of ROCK CHURCH.
Great concern was expressed for drainage and its effluent.
July 5, 1983
-59-
I tern Il-J
ADJOURNMENT
ITEM II 20276
By consensus, Council adjourned at Eight Fifty-Six in the evening.
")'4r~~
M. Keith
puty City Clerk
~~-~
Ru Hodges mith, CMC
City Clerk
City of Virginia Beach,
Virginia
July 5, 1983
/jk
July 5, 1983
-7-
Item II-D.1
MINUTES
ITEM II 20244
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City
Council voted to APPROVE the Minutes of June BL_1983.
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. McC1anan,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
July 5, 1983