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HomeMy WebLinkAboutMARCH 24, 1980 MINUTES OF VIRGINIA BEACH MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb MAYOR PATRICK L. STANDING, At L.,g@ DONALD W. MERRICK, Ly-b..- B.,..gb VICE MAYOR J. HENRY M,COY JR., D.D.S.. K@.p-ilt@ B.,..gb MEYERA E. OBERNDORF, At L@,g@ JOHN A. BAUM, B@,@@gb J. CURTIS PAYNE, A@@@ 801--gb F. REID ERVIN, Al L.,g@ ROGER L. RIGGS, Vilgi@i@ B@.1h B.-.gl GEORGE R. FERRELL, Al L..,g@ RUTH HODGES SMITH, Cily C@lk BARBARA M. HENLEY, P..g. B.@.gb CITY COUNCIL AGENDA ITEM I INFC)RMAL SESSION: MONDAY, 24 --H 1980 - 5:30 P-m- A. CALL TO ORDER - MAYOR PATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS volleyball stands to remain on the beaches. 2. Lynnhaven : DiscuSsion of detour for 7onstruction of the bridge. 3. North Virainia Beach Street Improvements to Side ussion of requested design red streets within the limits of 75th Street to 80th Street. Also, discussion of cul-de-sac improvements in this area. 4. Tourist Information Center: Discussion of item on Formal agenda i City's temporary take- over of the Center, with funding from the Virginia Beach Innkeepers Association. 5. Shuttle Bus Service: DiSCUSSion f item on Formal Agenda regarding shuttle bus service to operate in Virginia Beach between hotels, motels, the Pavilion, and parking lots. ITEM II FORMAL SESSION: MONDAY, 24 MARCH 1980 - 7:00 p-m. A. INVOCATION - Reverend John Winstead Pastor Church of Christ at Creeds B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. RECOGNITION/PRESENTATION 1. Recognition of Girl Scout Troop Number 16.1 2. Mr. Fred Glanville, President, Sun Wheelers E. PROCLAMATIONS 1. April 1, 1980 - CENSUS DAY 2. Ladies Auxiliary to the Virginia Beach Borough Volunteer Fire Department (Norwegian Lady - March 29, 1980) 3. Creative Displays, Inc. F. MINUTES OF PREVIOUS MEETING 1. M8tion to accept/approve the minutes of 17 March 1980 G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion in the form listed. There will be no separate discus- sion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separ- ately. 1. An Ordinance to authorize acquisition of property in fee simple for right-of-way for Independence Boulevard (through Timberlake) Project and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. 2. An Ordinance authorizing the City Manager to enter into an agreement with the Virqinia Electric and Power Company, granting an easement across City property for the purposes of supplying electricity to the Columbus Street Pump Station. 3. An ordinance to amend and reordain Section 22-76 of the Code of the City of Virginia Beach pertaining to the sale or transfer of a licensed vehicle. 4. Bingo/Raffle Permits: Bingo Sertoma Club/King's Daughters Bingo Virginia Country Music Associa- tion Raffle Trinity Church in Green Run 5. Request of Mr. John Atkinson, City Treasurer, for tax refunds in the amount of $751.75. H. PLANNING ITEMS 1. VOTED TO RECONSIDER THIS MATTER ON FEBRUARY 25, 1980 Application of Rachel M. and Lawrence Kurtz for a change of zoning from R-5 Residential District to I-1 Light Industria District on a 4.548-acre parcel located on the west side of South Birdneck Road, south of Beautiful Street (Lynn- haven Borough). a. The City Manager's letter transmits the request of the applicant for WITHDRAWAL. H. PI.ANNING ITEMS (continued) 2. THIS MATTER WAS DEFERRED UNTIL TODAY ON FEBRUARY 25, 1980 Application of Helen L. Foos for a conditional use permit for dune disturbing activity on a 2.5-acre parcel located at the southeast intersection of South Atlantic Avenue and Maryland Avenue (Lynnhaven Borough), a. The City Manager's letter transmits the recommendation of the Planning Commission for DENIAL. 3. Application of The Tidewater Radio Control Model Airplane Club and Edward J. Jaime for a conditional use vermit for recreational facilities of an outdoor nature (model air- plane flyinq and displayl on a 9.275-acre parcel located on the west side of Princess Anne Road, south of Munden Point Road (Pungo Borough). a. The City Manager's letter transmits the recommendation of the Planning Commission for APPROVAL. 4. Application of Ronald W. Neighbors for a conditional use permit for one-fainily detached dwellings on a 70-acre parcel located northwest of the intersection of Charity Neck and Gum Bridge Roads (Pungo Borough). a. The City Manager's letter transmits the recommendation of the Planning Commission for DENIAL. 5. Application of Robert T. Banes for a change of zoning from AG-1 Agricultural District to 0-1 office District oh a .4908-acre parcel located on the south side of Landstown Road, east of Princess Anne Road (Princess Anne Borough). a. The City Manager's letter transmits the recommendation of the Planning Coinmission for APPROVAL. 6. Application of Plastic Surgery @enter, Inc., Employees' Pension Plan and Thomas C. Broyles for a change of zoning from R-8 Residential District to B-2 Community- Business District on a 1.429-acre parcel located on the east side of General Booth Boulevard, south of South Bird- neck Road (Princess Anne Borough). a. The City Manager's letter transmits the recommendation of the Planning Commission for APPROVAL. 7. Application of Norman D. Ferguson, Jr., for a variance to Section 4.4(b) of the Subdivision ordinance which requires lot dimensions to conform tO the Comprehensive zoning Ordinance. He wishes to subdivide a site located on the south side of Aura Drive, east of Princess Anne Road, into two lots. a. The City Manager's letter transmits the recommendation of the Planning Commission for DENIAL. 8. Application of M. Bagley and Janet T. Walker for a variance to Section 4.4(d) of the Subdivision Ordinance which requires that each lot created in a subdivision have direct access to a public street. This site is located on the south side of 8hell Road, at its intersection with North- ampton Boulevard. This site currently consists of two lots, which if resubdivided as proposed, would remain as two lots. a. The City Manager's letter transmits the recommendation of the Planning Commission for APPROVAL. ORDINANCES 1. Appropriations a. Second Readings 1. ordinance authorizing the issuance of $9,100,000 Water and Sewer Revenue Bonds of the City of Virginia Beach, Virginia. 2. An Ordinance to accept a grant totaling $35,012 from the Division of Justice and Crime Prevention and to appropriate these funds. 3. An Ordinance to appropriate funds of $47,988 towards the replacement of a compactor at Landfill ii. b. First Readings 1. An Ordinance to transfer funds of $60,000 within the Department of Public Utilities for a rate study. 2. An ordinance to appropriate funds for the operation of the Tourist Information Center and to establish positions therefor. 3. An Ordinance to appropriate funds, in the amount of $11,145, for the operation of a shuttle bus service in Virginia Beach through June 30, 1980 and to authorize City Manager to enter into agreement with Tidewater Regional Transit. J. OLD BUSINESS 1. Mr. Leigh P. Forbes, President, Forbes Candies, Inc., to discuss the parking situation in the virginia Beach Borough, 20th thru 23rd Street and Atlantic Avenue. K. NEW BUSINESS 1. RESOLUTIONS a. Resolution to apply for Community Development Block Grant funds for the Sixth Prograin Year. Resolution authorizing the City Manager to amend the Community Development Housing Assistance Plan to conform with the City of virginia Beach Land Use Plan. b. Resolution for the sale of Bond Anticipation Notes K. NEW BUSINESS (continued) 2. Mr. Gerald L. Kerr, III, Attorney, regardinq Kinqs Point Ditch 3. Councilman Riggs; Jarvis Corporation:"Tele corrmunications" L. ADJOURNMENT I M. I N 1J T E S VIRGINIA BEACH CITY COU-NCIL Virginia Beach, Viroinia 24 March 1980 The Regular Meeting of the Honorable Cit,/ Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, 24 March 1980, at five-thirty o'clock in the evening. Council rlembers Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. 4enley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council @lembers Absent: Clarence A. Holland*, and Donald W. Plerrick ITEM #14902 M,ayor Standing entertained a motion to allow @louncil to conduct its INFOR@IAL SESSION and then recess into EXEC(ITIVE SESSION for: 1. Discussion or consideration of emr)loyment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. (Personnel Matters) 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 3. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. (Financial tlatters). 4. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). Upon motion by Vice Mayor McCo@/, seconded by Councilman Baum, City Council voted to recess into the EXECIITIVF SESSION following the INFORMAL SESSIOIJ. Voting: 9-0 3 2 4/8 0 2- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, and Donald @,i. Plerrick *COUNCILMAN HOLLAND ENTERED MEETING AT 5:35 p.m. I N F 0 R M A L S E S S I 0 N LETTERS ON KINGS POINT DITCH ITEM #14903 Councilman Baum discussed with Council the large quantitv of mail received from the residents of Kings Point regarding the drainage ditch. "OIJR OWN" NEWSPAPER ITEM #14904 Councilman Ferrell made reference to the "Our Own" Newspaper which was recentlv removed from the Virginia Beach Libraries. Mayor Standing indicated he would announce in the FORMAL SESSION all persons wishing to meet with the Virginia Beach Library Board could do so on Monday, 7 April 1980 at 10:00 a.m., in the Virginia Beach Civic Center (Dome). SPECIAL @IEETING-31 riARCH 1980 ITEM #14905 The City Manager reminded Council of the Special Meeting to be held on 31 March 1980, at 1:00 p.m., for the presentation of the proposed Operating Budget for Fiscal Year 1980-1981. The City Manager indicated, due to State Law, an additional Special rleeting vjill have to be held on 30 April 1980, for the purpose of holding a Public Hearing on the proposed Budget. 3 / 2 4/ 8 0 -3- RESOLUTION-SONDS ITEM #14906 The City Manager presented to Council the Resolution authorizing the issuance of $9,100,000 'Aater and Sewer Revenue Bonds of the City of Virginia Beach, Virginia, Series of 1980, and indicated the Ronding Counsel had not sent the Resolution to the City Attorney in time for the Agenda. COMPREHENSIVE PLAN ITEM #14907 The City Manager presented to Council the printed Comprehensive Land Use Plan, and indicated that due to recent Court cases the Plan needs to be modified. ENCROACHtA.ENTS INTO ATLANTIC AVENIJE ITEM #14908 The City Manager discussed with Council the requests from property owners at the North End of Virginia Beach to permit volleyball stands to remain on the beaches. The volleyball stands are to be maintained by the Department of Parks and Recreation. LYNNHAVEN PARKWAY - PHASE III ITEM #14909 The City Manager discussed with Council the detotir of Lynnhaven Parkway and Cox Bridge for construction of the bridge. The hours will be from 9:00 a.m, thru 3:00 p.m., from Tuesday thru Thursday. NORTH VIRGINIA BEACH STREET ITEM #14910 IMPROVEtIE@ITS TO SIDE NUMBERED STREETS The City Manager discussed with Council the design plans for several numbered streets within the limits of 75th Street to 80th Street; and, a discussion of cul-de-sac improvements in this area. Mr. C. Oral Lambert, Director of Public Works, appeared before Council in the INFOPMAL SESSION to discuss this matter, and made reference to the CONCLUSIONS AND RECOMMENDATIONS OF THE MAYOR'S COMMITTEE ON NORTH VIRGINIA BEACH, Section 7 (d) and (e). (EXHIBIT "A") TO(JRIST INFORMATION CENTER ITEM #14911 The City Manager discussed with Council the City's temr)orary take-over of the Tourist Information Center, with funding from the Virginia Beach Innkeepers Association. This matter will be on the FORPIAL AGENDA for discussion and vote. 3 / 2 4/ 8 0 -4- SHUTTLE BUS SERVICE ITEM #14912 The City Manager discussed with Council the shuttle bus service which will operate in Virginia Beach between hotels, motels, the Pavilion and parking lots. The cost will be twenty-five cents (25cts) per ride; however, if parking at the Pavilion there is no cost to ride the shuttle bus. TRT will pay half the cost of running the shuttle buses. This matter will be on the FORMAL AGENDA for discussion and vote. City Council recessed to the EXECUTIVE SESSION (6:35 p.,m.) for briefing prior to the FORMAL SESSION in the Council Chambers. 3 2 4/ 8 0 5- (EXHIBIT "A") CONCLUSIONS AND RECOMFIENDATIONS OF THE MAYOR'S COMMITTEE ON NORTH VIRGINIA BEACH 1. General Considerations a. Present plans indicate major utility improvements consisting of new sanitary sewerage service, new storm drainage service, improved water distribution service, and expansion of Atlantic Avenue. b. Additionally, significant problems exist with respect to parking, traffic, circulation, beach access and maintenance, flood pro- tection, recreation, and public safety. c. At the least, the various plans for utility improvements must be coordinated to produce the most efficient utilization of manpower and public funds and the least disruption to residential and commercial property owners. d. Additionally, whatever other physical and operating improvements are made within the North Virginia Beach area should be coordinated in such a way so as to reduce functional and aesthetic conflicts and to promote the orderly distribution of land uses. II. Sanitary Sewerage, Water and Storm Drainage Service a. The installation of new services and the improvement of existing services should be accomplished in a coordinat(-'d manner; specifically: water, sewerage, drainage and street improvements should be provided concurrently within each section of North Virginia Beach so as to maintain individual street disruption at a rninimum. b. Present plans do not call for water line improvements along the parallel numbered streets. In an effort to solve existing problems caused by insufficient line size (most are 2" lines) and noncontiguous systems (most are dead-end lines) and in an effort to reduce additional disruption to neighborhoods and streets, water line improvements should be made concurrently with sanitary sewerage and storm drainage installation. c. North Virginia Beach is fortunate to have a significant number of old and very beautiful trees and bushes indigenous to the Coastal Plain. During construction of the various utility improvements, particular care should be exercised to preserve as many of these trees as possible in an effort to retain the ecological quality of the area. Where feasible from an engineering standpoint, the location of collection and distribution lines under a paved section of the road should be considered preferable to the destruction or removal of significant trees and bushes. 3 2 4/ 8 0 6- III. Telephone and Electric Service a. The functional and aesthetic conflicts caused by the transmission of telephone and electric service via overhead lines should be corrected by the installation of underground service along the Atlantic Avenue corridor during construction of the other major utility systems. Additionally, consideration should be given to the underground installation of telephone and electrical service along the parallel numbered streets between Cavalier Drive and 89th Street and, if appropriate, installed during utility in- stallation in these streets. IV. Beach Access and Maintenance a. Along bulkheaded portions of the Oceanfront, access should be provided at each street end by the minimum provision of sidewalks and stairs. Along portions of the Oceanfront where the dune system is intact, care should be taken to preserve the dune by providing pedestrian walkovers (or some controlled access) from the end of the paved section of the street down to the beach. b. Litter receptacles should be increased in number to encourage their use and the City should continue to provide collection service on a daily basis. c. Beachfront maintenance consisting of said cleaning and debris collection (flotsam and jetsam, etc.) should be initiated to promote the more efficient utilization of beach area and to preserve its aesthetic and sanitary quality. d. The Committee supports Chapter 5, Section 5-43 of the Code of the City of Virginia Beach with respect to the controlling of dogs on public beaches in residential areas. A significant number of violations in this Ordinance have gone unnoticed and in an effort to promote public health, additional monitoring and enforcement is needed. V. Recreation a. The North Virginia Beach area has inadequate recreational facilities. Neighborhood parks should be developed to discourage the indiscriminate use of streets for play by children. Parks should be centrally located and developed to encourage walk-in usage and not promote additional automobile traffic. b. Additionally, the possibility of utilizing the 4-H property in Seashore State Park as a community park should be investigated. c. If and when all or portions of Fort Story are declared "excess" to federal government need, a Park Development Plan similar to the proposal outlined by the Virginia Beach Develo'r)ment Council (Research and Advisory Council) should he undertaken by the Division of State Parks. 3 / 2 4/ 8 0 7- d. The Fifth Naval District Officer's Club complex located on the Oceanfront between 67th and 68th Streets (operated by the Norfolk Naval Air Station) represents a potentially under-utilized recreation asset, especially during the winter months. Consideration should be given to the possible use of this complex during the off- season by the Department of Parks and Recreation. To this end, the City should initiate discussion with the Navy to conclude a possible agreement. VI. Public Safety a. The City should pursue the development of a joint Fire and Rescue Station along the Atlantic Avenue corridor to reduce the response time of public safety units due to trip length and summer traffic congestion. b. We support the study being undertaken by the Virginia Beach Safety Council relative to conflicting activities on the beachfront, such as volleyball, football, frisbee, sailing, surfing, paddleball. We urge that this study be completed so that recommendations can be implemented prior to next summer. VII. Street Improvements a. In an effort to define property boundaries, circulation patterns, parking areas, property access, and promote public safety, aesthetics and convenience, each parallel street between Cavalier Drive and 89th Street, between Holly Road and Oceanfront Avenue, should be improved in accordance with Standard Drawing 2.6 of the Engineering Standards of the City of Virginia Beach. This improvement includes the con- struction of 2-13' parallel lanes with outside curb and gutter. The cost of these improvements should be borne by the City and the adjacent property owners pursuant to City policy. At present, this policy indicates that the property owner will be responsihle for 100% of the materials and installation cost of the curb and gutter along his respective property frontage and that the City will be responsible for constructing the pavement widening and final dress- up to complete the work. At today's costs, the pro'nerty owner would be responsible for paying approximately @5.50/front foot or $275.00 for a 50' lot. Additionally, sidewalks should be considered or possihle construction depending upon the petition of adjacent property owners. The cost of this improvement should be borne by the City and the adjacent property owners as above, with the property owner responsible for 100% of the cost of materials. At today's costs, the property owner would be responsible for paying approximately $1.75/front foot or $87.50 for a 50' lot. b. Streets having less than a 50' right-of-way should also be improved according to City engineering standards. The cost of these improve- ments should be borne as above. c. Oceanfront Avenue should be improved according to City engineering standards. The cost of these improvements should be borne as above. d. Streets which intersect Seashore State Park should be improved in accordance with Standard Drawing 2.6 of the Engineering Standards of the City of Virginia Beach and a rninimum turn-around area with curb and gutter provided abutting the Park property line. 3 2 4/ 8 0 -8- e. Streets which do not intersect Oceanfront Avenue but dead-end land- ward of the dune system should be improved in accordance with Standard Drawing 2.6 of the Engineering Standards of the City of Virg.inia Beach and a minimum turn-around area with curb and gutter provided. f .. The requirements of the Comprehensive Zoning Ordinance with respect to visibility triangles ("Blind intersections") should be enforced throughout North Virginia Beach, especially at those intersections not improved by the above road projects. g. An inventory of street lighting and speed limit/traffic control signs should be conducted, and improvements made where necessary, to promote public safety and convenience. h. Utility improvements made along Atlantic Avenue Corridor (which include the location of eight (8) pumping stations for sanitary sewerage (3) and storm drainage (5) should not commit the City to an ultimate design for road improvements on Atla t@ic Avenue until the road project has been subjected to public hearings and discussion. 3 2 4/ 8 0 -9- EXISTING RIGHTS-OF-WAY WIDTHS FOR PARALLEL STREETS IN NORTH VIRGINIA BEACH BETWEEN CAVALIER DRIVE AND 89th STREETS AND IMPACTS ASSOCIATED WITH PROPOSED STREET IMPROVEMENTS Proi)osed Remaining Distance Between Right-of-Way Number of Pavement Right-of- Property and Width Streets Section Way Curb Lines 100, 6 301 70' 35' 80' 25 30' 50' 25' 701 6 30' 401 20' 50, 5 30' 20' 10, 401 8 301 10, 5. 30' 1 301 o, 0. 121 1 12' o, o, 3 2 4/ 8 0 -1 0- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COT@NCIL 24 March 1980 7:15 p.m. Council Members Present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara tl. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Absent: Donald t4. Merrick INVbCATION: Reverend John Winstead, Pastor Church of Christ at Creeds RECOG.'IITION (ITEM II-D.1) ITEM #14913 Mayor Standing recognized Girl Scout Troop 161 and Leaders 9orothy Holland and Larry Holland. The Troop attended the Council meeting due to a rea.uirement for a Merit Badge. Miss Melody Stouch thanked Council for the honor of permitting them to attend the meeting. PROCLAMATION (ITEM II-E.1) ITEM #14914 P R 0 C L A M A T I 0 N WHEREAS, the Twentieth United States Decennial Census of Population and Housing will be conducted beginning on April 1, 1980; and, WHEREAS, all the citizens of Virginia Beach are to be enumerated in this Census; and, 3 2 4/ 8 0 -11- WHEREAS, the information collected in the Census serves many useful purposes, among which are apportionment of representation in Congress and other legislative bodies, measurement of economic well-being of communities and their residents, allotment of certain Federal and State tax revenues and other financial aid to our communities, determination of future needs for public services, and numerous other useful purposes; and, WHEREAS, the accuracy and completeness of the Census for the City of Virginia Beach will determine its population rank among other communities of the Country. NOW, THEREFORE, I, Patrick L. Standing, Mayor of the City of Virginia Beach, do hereby proclaim April 1, 1980, as: CENSUS DAY in Virginia Beach, and do urge and implore all residents to cooperate fully during the month of April with those who are charged with the responsibility of this most important work. Patrick L. Standing, Mayor City of Virginia Beach 3 2 4/ 8 0 -1 2- PROCLAMATION (ITEM II-E.2 ITEM #14915 P R 0 C L A M A T I 0 N WHEREAS, the City of Virginia Beach proudly and humbly acknowledges its historical value to the American way of Life; and, WHEREAS, the shores of the Atlantic witnessed the shipwreck of the DICTATOR in 1981; and, WHERc@AS, in this shipwreck Captain Jorgensen, a Norwegian seaman, lost his family but through that loss a great bond was created between the two seaport cities of Virginia Beach, Virginia, and Moss, Norway; and, WHEREAS, in 1974, the City of Virginia Beach officially adopted Moss, Norway, as its "Sister City" to further the bonds of international friendship and understanding; and, WHEREAS, Captain Jorgensen, until his death, returned to Virginia Beach each year to commemorate the occasion and pay tribute at the Statue of T@IE NORWEC,IAN LADY, the City of Virginia Beach has continued its annual Memorial Service: NOW, THEREFORE, I, Patrick L. Standing, Mayor of the City of Virginia Beach, do, by the powers invested in me, hereby proclaim Saturday, liarch 29, 1980, as NORWEGIAN LADY DAY in Virginia Beach and recognize the Virginia Beach Borough Fire Department Ladies Auxiliary for their.efforts to further the tradition as expressed in the Norwegian Lady's inscription: "I stand here as my sister before me to bid safe passage to all men at sea." Given under my hand and seal this Twenty-fourth day of March @lineteen Hundred and Eighty. Patrick L. Standing - tlayor City of Virginia Beach 3 / 2 4/ 8 0 -1 3- Mayo,r Standing presented the above Proclamation to the Ladies Auxiliary to the Virginia Beach Borough Volunteer Fire Department. RESOLUTIOr4 (ITEM II-E.3 ITEM #14916 R E S 0 L U T I 0 N WHEREAS, April 1, 1980, has been proclaimed as Census Day in Virginia Beach; and, WHEREAS, this Census will mean a complete and accurate population count to the City of Virginia Beach for the distribution of Federal and State funds and representation to the Federal and State legislative bodies; and, WHEREAS, in their efforts to assist the City of Virginia Beach with the 1980 Census, Creative Displays, Inc., has contributed three billboards to be located in highly-visible locations throughout the City advertising the Census; and, WHEREAS, the citizens of the City of Virginia Beach will benefit greatly from the efforts of Creative Displays, Inc. NOW, THEREFORE, BE IT RESOLVED that members of the Council of the City of Virginia Beach would like to express their appreciation for this contribution by Creative Displays. Patrick L. Standing, Mayor Mayor Standing presented the Proclamation to Mrs. Sandy Rymer, Creative Displays. Mrs. Rymer presented to Mayor Standing a miniature billboard regarding the 1980 Census. 3 / 2 4/ 8 0 -1 4- PRESENTATION (ITEM II-D.2) ITEM #14917 Mr. Fred Glanville, President, Sun Wheelers, appeared before City Council and presented Mayor Standing with a Plaque indicating that the Department of Parks and Recreation is a Corporate Member in the Sun Wheelers, Inc. MINUTES (ITEM II-F.1) ITEM #14918 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to APPROVE the Minutes of the Regular Meeting of 17 @larch 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henlev, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 3 2 4/ 8 0 -1 5- CONSENT AGENDA (ITEM II-G.1) ITEM #14919 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE the following Ordinance to authorize acquisition of property in fee simple for right-of-way for Independence Boulevard (through Timberlake) project and the acquisition of temporary and permanent easements of right-of- way, either by agreement or by condemnation: Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry tIcCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Counci.1 Members Voting Nay: None Council Memheys Absent: Donald tl. Merrick 3 2 4/ 8 0 -1 6- 900@'2055 p4ri'190 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIG.HT-OF-WAY FOR INDEPENDE@ICE BOI)LEVARD (THROUGH TIMBERLAKE) PROJECT AND THE ACQUISITION OF TEMPORARY AND PERPIANENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREEME@JT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, moral and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-235 et seq. and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right-of-way as shown on the plans entitled, "Location liap - Independence Boulevard," said map being on file in the office of Real Estate, Department of Public Works, Municipal Center, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are availahle, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenth-fourth day of March 1980. T,ue C. y cial P,@co,d f th* Pf@ Vi,gi@ia Beach, dt@d t@ -1 7- CONSENT AGENDA (ITEM II-G.2) ITEM #14920 Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE the following Ordinance authorizing the City Manager to enter into an agreement with the Virginia Electric and Power Company, granting an easement across City property for the purposes of supplying electricity to the Columbus Street Pump Station: Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara PI. Henley, Clarence A. Holland, Vice Mayor J. Henry flccoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 3 2 4/ 8 0 AN ORDINA@ICE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE VIRGINIA ELECTRIC AND POWER COMPAtlY, GRANTING AN EASE- MENT ACROSS CITY PROPERTY FOR THE PURPOSES OF SUPPLYINR@ ELECTRICITY TO THE COLUMBUS STREET PUMP STATION. WHEREAS, the City of Virginia Beach nepartment of Public Utilities has constructed a pump station and related water facilities on Columbus Street in the City of Virginia Beach, Virginia; and, WHEREAS, it is necessary for the operation of the said pump station and its facilities that it be supplied with electrical service by the Virginia Electric and Power Company; and, WHEREAS, Virginia Electric and Power Company requires a permanent easement from the City of Virginia Beach across the City's r)roperty before it will supply electric service to said pump station. NOW, THEREFORE, BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager of the City of Virginia Beach, Virginia, is hereby authorized to enter into an Agreement of Easement, dated February 27, 1980, between the City of Virginia Beach and Virginia Electric and Power Company the perpetual right-of-easement, ten feet in width, to lay, construct and operate lines and related electrical facilities for the purpose of supplying electricity to the Columbus Street Pump Station, said easement to be shown on plat No. 34829 of the Virginia Electric and Power Company, a copy of Said Agreement and plat being attached hereto and made a part hereof. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth day of March 1980. 3 / 2 4/ 8 0 -1 9- THIS AGREEMENT, made this 27th day of uar,, 1980, between THE CITY OF VIRCINIA BEACH, a Virginia@unicipal Corporation, Tereinafter called "Owner," and VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia Corporation, hereinafter called "Company." VI I T N E S S E T H That for the sum of One Dollar ($1.00), and other valuable considerations, the receipt whereof is hereby acknowledged, Owner gran+s unto Company and its successors the perpetual right, privilege and easement of right-of-way ten (10) feet in width to lay, construct, operate and main- tain one or more lines of underground conduits and cables, as Company may from time to time deed expedient or advisable, located on the right-of-way hereinafter described, for the purpose of transmitting and distributing electric power by one or more circuits; together with all wires, conduits, cables, transformers, transformer enclosures, concrete pads, manholes, hand- holes, connection boxes, ground connections, meters, attachments, equipment, accessories and apptirtenances desirable in connection therewith (hereinafter referred to as "facilities"), over, under, across and through certain lands of Owner situated in The City of Virginia Beach, Virginia, as shown on Plat No. R/Vl 34829 hereto attached and made part of this agreement, the location of the center line of such right-of-way being shown in broken lines on such plat. The facilities erected hereunder shall remain the property of Company. Company shall have the right to inspect, rebuild, remove, repair, improve, relocate on the right-of-way described above, and make such changes, alterations, substitutions, additions to or extensions of its facilities as Company mav from time to time deem advisable. Company shall at all times have the right to keep the right-of-way clear of all buildings, structures and other obstructions (except fences), trees, roots and undergrowth. Company shall promptly remove from the right-of-way any trash or debris resulting from the exercise of the rights hereby granted. All trees and lirqbs cut by Company at any time shall remain the property of Owner. For the purpose of constructing, inspecting, maintaining or operating its facilities, Company shall have the right of ingress to and egress from the right-of-way over the lands of Owner. Company shall exercise such right in such manner as shall occasion the least practicable damage and inconvenience to Owner. Company shall repair damage to roads, fences or other improvements and shall pay for all other damage when such damage results from the construction, inspection, or maintenance of Company's facilities, provided Owner gives written notice thereof to Company within sixty (60) days after such damage occurs. Owner, its successors and assigns, may use the right-of-way for any purpose not inconsistent with the rights hereby granted, provided such use does not interfere with or endanger the construction, operation and maintenance of Company's facilities and provided that no buildings, structures or other obstructions (except fences) may be constructed on the right-of-way. It is further understood and agreed between the parties hereto that: The rights granted herein to Company are non-exclusive and Owner shall at all times have the right to make or grant such other use of the easement area as shall not be inconsistent with the exercise by Company of ttle rights and privileges granted to it hereunder. 3/24/BO -20- The easement hereby granted is subject to existing rights, if any, of third persons to the extent that such rights are of record so as to constitute constructive notice to Company. If Company shall discontinue the use of the easement area all rights granted hereby shall cease and terminate, and upon dergand of Owner, Company will at its cost and expense remove its facilities from the ease- ment area and restore the land to substantially the condition in which it was at the time when the easement was granted. [Jpon demand by Owner, and upon the granting to Company of an equivalent right-of-way in a reasonably practicable location, and payment to Company of the actual cost of relocating its facilities to such new right-of-way, exclusive of any additions and betterments, Company will re- locate its facilities upon such right-of-way. Whereupon all rights hereby granted in respect of the vacated portion of the right-of-way herein described shall cease and terminate. IN WITNESS WHEREOF, Owner has caused its name to be signed hereto by its , and its Corporate Seal to be hereunto affixed and attested by its , as of the day and year first above written, pursuant to an Ordinance adopted by its Council on the _ day of , 19 and Company has caused its name to be signed hereto by its Vice President as @f the day and year first ahove written. THE CITY OF klIRGINIA BEACH By Attest: VIRGINIA ELECTRIC AND POWER CO@IPA@IY 8 -2- 3 / 2 4/ 8 0 21 - STATE OF VIRGINIA, City of Virginia Beach, to-wit: I, a Notary Public in and for the City and State aforesaid, whose commission ex,')ires do hereby certify that and , whose names are signed to the fore- going writing dated the ay of 19 as and respectively, of the City of Virginia Beach, have acknowledged the same before me on this day of , 19-, in the City and State aforesaid, Given under my hand this _ day of 19-. Notary Public STATE OF VIRCINIA, City of Norfolk, to-wit: I, Carroll L. Herndon a Notary Public in and for the Citv and State aforesaid, whose commission expires August 1, 1982 do hereby certify that Harrison Hubard , whose name is signed to the foregoing writing dated the 27th day of February , 1980, as Vice President of Virginia Electric and Power Companv, has acknowledged the same before me this 27th day of February , 1980, in the City and State aforesaid. Given under my hand this 27th day of February, 1980. Notary Public -3- 3 / 2 4/ 8 0 - 22- CONSENT AGENDA (ITEM 11-G.3) ITEM #14921 Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE the Ordinance to amend and reordain Section 22-76 of the Code of the City of Virginia Beach pertaining to the sale or transfer of a licensed vehicle: Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Heilry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 3 2 4/ 8 0 - 23- ReqLiested by: City Treasurer AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-76 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO THE SALE OR TRANSFER OF A LICENSED VEHICLE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 22-76 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 22-76. Sale or transfer of licensed vehicle. Any person who sells or transfers a registered motor vehicle pre- viously registered under this article may naFRe-aA4- address-ef -the -owner-a Ad-a -d eser4pt4 es-@ -f -the -Retee -y eh4e;e- f er present the old decal (or parts thereof) and a validated receipt for such decal to the Treasurer's Office with a bill of sale, title or registration for a new vehicle and a duplicate decal will be issued for a fee of one dollar ($1.00). Adopted by the City Council of the City of Virginia Beach, Virginia, on the 24th day of March 1980. 3 / 2 4/ 6 0 - 24- CONSENT AGENDA (ITEM II-G.4) ITEM #14922 Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE the following Bingo/Raffle Permits: Sertoma Club/King's Daughters Bingo Virginia Countrv Music Association Bingo Trinity Church in Green Run Raffle Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 3 2 4/ 8 0 25- CONSENT AGENDA (ITEM II-G.5) ITEM #14923 Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of $751.75: Voting: 10-0 Council tlembers Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara @l. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 3 2 4/ 8 0 -26- ITEM #14924 Mayor Standing indicated there will be no discussion tonight (24 March 1980) regarding the "Our Own" Newspaper. Those interested in speaking on the matter should attend the Public Library Board meeting 7 April 1980 at 10:00 a.m. in the Virginia Beach Civic Center (Dome). PLANNING AGNEDA (ITEM II-H.7) ITEM #14925 MAYOR STANDING PERMITTED THIS PLANNING ITEMS TO BE TAKEN OIJT OF SEQIJENCE. Mr. Norman n. Ferguson, Jr., applicant, appeared requesting a deferral of three (3) weeks (14 April 1980). Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to DEFER FOR THREE (3) WEEKS (14 April 1980) the application of NORMAN D. FERGUSON, JR., as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance for Norman D. Ferguson, Jr. Property located on the South side of Aura Drive, 640 feet East of Princess Anne Road. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a site located on the South side of Aura Drive approximately 640 feet East of Princess Anne Road, into two (2) lots. Voting: 10-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara @l. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne Roger L. Riggs, and Mayor Patrick L. Standing 3 / 2 4/ 8 0 2 7- Council Members Voting Na@lt: None Council Members Absent: Donald W. Merrick PLANNING AGENDA (ITEM II-H.1) ITEM #14926 Upon motion by Councilman Baum, seconded by Councilman Holland, City Council voted to PERMIT WITHDRAWAL of the application of Rachael M. and Lawrence Kurtz for a Change of Zoning District Classification, as per the following: Ordinance upon application of Rachael M. and Lawrence Kurtz for a Change of Zoning District Classification from R-5 Residential District to I-1 Light Industrial District on certain property located on the West side of South Birdneck Road beginning at a point 801.18 feet South of Beautiful Street, running a dis- tance of 207.20 feet along the West side of South Birdneck Road, running a distance of 1012.89 feet along the Southern property line, running a distance of 200.61 feet along the Western property line and running a distance of 961.32 feet along the @lorthern property line. Said parcel contains 4.548 acres. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing 3 / 2 4/ 8 0 -2 8- Council Members Voting Nay: None Council Members Absent: Donald W. Merrick PLANNING AGENDA (ITEM II-H.2) ITEM #14927 Attorney Frank R. Butler appeared in behalf of the applicant. Mr. James Fox, Engineer, appeared regarding this matter The following appeared in opposition: Mr. Tom Aiken r('presenting Croatan Property Mr. Gary Pope representing Rudee Inlet Civic League Mr. David Fuller, resident and member of Rudee Inlet Civic League Mr. Jean Johnson, resident in area Mr. Robert J. Smith, President of the Chesapeake Beach Civic League Upon motion by Councilman Ervin, seconded by Mayor Standing, City Council voted to DEFER FOR THREE (3) WEEKS the application of HELEN FOOS for a Conditional L)se Permit, as per the following; sub-iect to the inclusion of the following for consideration of the application: (in addition to the five (5) conditions as outlined in thp City Manager's letter): 1. Septic tanks and Class II-B @ells. 2. Reconstruction of the dune in accordance with the City's engineering specifications. 3. All construction to be confined to those lots with frontage on South Atlantic Avenue. 4. The )rimary dune crest be relocated no farther seaward than the 15-foot lane shown on the site plan subniitted in conjunction with this a,)plication. 5. No disturbance or vegetative removal seaward of the above-mentioned lane. Consideration of the application is to include the following: 1. Does not meet the total intent of the Code (possi,@le reduction in number of units). 2. Recordablea-reegientstating the remaining lots would not be sold, but would be part of the five (5) units buildable. 3 2 4/ 8 0 3. There shall be a "share" access by the two access points, through the dune line. 4. The septic tank fields not be sold until there is public water and sewer. 5. The Staff is to meet with Mr. Fox on this matter. Voting: 7-3 Council Members Voting Aye: (for deferral) ,John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Meyera E. Oberndorf, J. Curtis Payne, and Mayor Patrick L. Standing Council Members Voting Nay: George R. Ferrell, Vice Mayor J. Henrv McCoy, Jr., and Roger L. Riggs Council Members Absent: Donald W. Merrick 3 2 4/ 8 0 - 30- PLANNING AGENDA (ITEM II-H.3) ITE@L #14928 Mr. Edward J. Jaime appeared in behalf of his application. Mrs. Elizabeth Ealy, Back Bay Civic League, appeared in opposition, and presented petitions which will be made a part of these proceedings. Councilwoman Henley made a motion, seconded by Councilman Baum, to DENY the application of The Tidewater Radio Control Model Airplane Club and Edward J. Jaime for a Conditional Use Permit for recreational facilities of an out- door nature (Model Airplane flving and display). Voting: 5-5 Council Members Voting Aye: (for denial) John A. Baum, Barbara M. Henley, Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members Voting Na,/: F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henr,, McCoy, Jr. and Mayor Patrick L. Standing Council Members Absent: Donald W. Merrick DUE TO A TIE VOTE THE MOTION WAS LOST. Upon motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of THE TIDEWATER RADIO CONTROL TIODEL AIRPLANE CLUB AND EDI@IARD J. JAIME for a Conditional Use Permit, as per the following; subject to the four (4) conditions as outlined in the City Manager's letter: 3 / 2 4/ 8 0 -31- ORDINANCE UPON APPLICATIO@L OF THE TIDEWATER R0380307 RADIO CONTROL MODEL AIRPLANE RLUB AND EDWARD J. JAIME FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR INATIIRE (MODEL AIRPLANE FLYING AND DISPLAY) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of The Tidewater Radio Control Model Airplane Club and Edward J. Jaime for a Conditional Use Permit for recreational facilities of an ou door nature (model airplane flying and display) on certain property located on the West side of Princess Anne Road beginning at a point 541.84 feet South of Munden Point Road, running a distance of 296.48 feet along the West side of Princess Anne Road, running a distance 915 feet along the Southern property line, running a distance of 460 feet more or less in a North- westerly direction, running a distance of 233.79 feet in a Southwesterly direction, running a dis- tance of 207.62 feet the Western property line and running a distance of 1394.97 feet along the Northern property line. Said parcel contains 9.275 acres. PUNCO BOROTJGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. A revised site plan showing the proposed storage facilities and parking area re- quired. 2. Sanitary facilities are to be provided. 3. This operation rnay be conducted only during daylight hours. 4. Approval is for a period of one (1) year. This Ordinance shall be effective upon date of adoption. Adopted b@, the Council of the City of Virginia Beach, Virginia, on the day of March, 1980. Voting: 6-4 3/ 2 4/ 8 0 3 2- Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs Council Members Absent: Donald W. Merrick 3 2 4/ 8 0 - 33 - PLANNING A(,ENDA (ITEM II-H.4) ITEM #14929 Mr. Ben Hubbard appeared in behalf of the applicant. The following appeared in opposition: Mrs. Helen Love Mr. Cecil Nichols Upon motion by Councilwoman Henley, seconded by Councilwonian Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of RONALD W. NEICHBORS for a Conditional Use Permit for one family detached dwellings, as per the following: Ordinance upon application of Ronald W. Neighbors for a Conditional Use Permit for one familv detached dwellings on certain propertv located on the West side of Charity Neck Road beginning at a point 480 feet more or less North of Gum Bridge Road, running a distance of 1510 feet more or less along the West side of Charity Neck Road, r@inning a distance of 200 feet in a @iesterly direction, running a distance of 300 feet in a Northerly direction, running a.dis- tance of 1030 feet more or less along the Northern propertv line, running a distance of 1980 feet more or less along the Western property line, running a distance of 1400 feet more or less along the North side of Gum Bridge Road, running a distance of 190 feet in a Northerly direction, running a distance of 350 feet in an Easterly direction, running a distance of 150 feet in a Northerly direction and running a distance of 150 feet in an Easterlv direction. Said parcel contains 70 acres. PUNGO BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing 3 2 4/ 8 0 -3 4- Council Members Voting Nay: None Council Members Absent: Donald W. Merrick DENIAL OF THE ABOVE APPLICATION IS THAT PORTION FARTHER THAN 600 FEET FROM BOTH CHARITY NECK AND GTJM BRIDGE ROADS. PLANNING AGENDA (ITEM II-H.5) ITEM #14930 Dr. Robert Banes appeared in behalf of his application. Mr. Otis Meekins, Architect, represented the applicant. Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of ROBERT T. BANES for a Ch n @ ,@ -0 Di,trict Clas,ification, ' ' f ' as per the following; subject to the three (3 cnditions as outlined in the City Manager's letter: ORDINANCE IJPON APPLICATION OF ROBERT T. BANES FOR A Z0380491 CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL DISTRICT TO 0-1 OFFICE DISTRICT BE IT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Robert T. Banes for a Change of Zoning District Classification from AG-1 Agricultural District to 0-1 Office District on certain property located on the South side of Landsto%,In Road beginning at a point 484.52 feet East of Princess Anne Road, running a distance of 100 feet along the South side of Landstown Road, running a distance of 209 feet along the Eastern property line, running a distance of 104.64 feet along the Southern property line and running a distance of 208.95 feet along the Western pro- perty line. Said parcel contains .4908 acre. PRINCESS ANNE BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 3 2 4/ 8 0 5- 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and Sewer. 3. Right-of-way improvements will be necessary along Landstown Road; this includes pavement widening, curb and gutter, sidewall< and drainage facilities This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth day of March, 1980. Voting: 8-2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, reorge R. Ferrell, Clarence A. liolland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Peyne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. ldenley, and Meyera E. Oberndorf Council Members Absent: Donald W. rlerrick 3 2 4/ 8 0 36- PLANNING AGENDA (ITEM II-H.6) ITEM #14931 Attorney Thomas C. Broyles appeared in behalf of the applicant. Upon motion by Councilman Payne, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of PLASTIC SURGERY CENTEI@, INC., EMPLOYEES' PENSION PLAN AND THOMAS C. BROYLES for a Change of Zoning District Classification, as per the following; subject to the three (3) conditions as outlined in the City Manager's letter: ORDINANCE TIPON APPLICATION OF PLASTIC SURGERY CE@ITER, Z0380492 INC., EMPLOYEES' PENSION PLAN AND THOMAS C. BROYLES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 RESIDr-.%ITIAL DISTRICT TO B-2 COM@1UNITY-BIISINESS DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Ordinance upon application of Plastic Surgery Center, Inc., Employees' Pension Plan and Thomas C. Broyles, for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the East side of General Booth Boulevard beginning at a point 425.16 feet South of South Birdneck Road, running a distance of 95.90 feet along the East side of General Booth Boulevard, running a distance of 481.14 feet along the Southern property line, running a distance of 100.50 feet along the Eastern property line and running a distance of 450 feet more or less along the Northern property line. Said parcel contains 1.429 acres. PRINCESS ANNE ROAD. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Right-of-way improvements will be necessary along General Booth Boulevard; this includes pavement widening, curb and gutter, sidewalk and drainage facilities. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the wentv-fourth day of March, 1980. 3 2 4/ 8 0 3 7- Voti ng: 8-2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: Donald @l. Merrick 3 2 4/ 8 0 3 8- PLANNING AGENDA (ITEM II-H.8) ITEM #14932 Attorney George Pilcher appeared in behalf of the applicant. Upon motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of DOCTOR BAGLEY T. WALKER for a Variance to Section 4.4(d) of the Subdivision Ordinance, as per the following: Appeals from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for M. Bagley and Janet T. Ilalker, Property located on the South side of Northampton Boulevard at the intersection with Shell Road. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(d) of the Subdivision Ordinance which requires that each lot created in a subdivision have direct access to a public street. This site is located on the South side of Shell Road, at its intersection with Northampton Boulevard. This site currently consists of two (2) lots, which if resubdivided as proposed, would remain as two (2) lots. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Council Members Voting Nav: None Council Members Absent: Donald W. Merrick 3 2 4/ 8 0 39- ORDINANCES-SECOND READING (ITEM 11-I.I.a) ITEM #14933 The following appeared in opposition: Mr. Roy Barthalomew Mr. Ernesi Kerekes Upo6 motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE ON SECOND READING the following Ordinance authorizing the issuance of $9,100,000 Water and Sewer Revenue Bonds of the City of Virginia Beach, Virginia: Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and @layor Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 3 2 4/ 8 0