HomeMy WebLinkAboutNOVEMBER 26, 1979
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY M,COY JR.. D.D.S., K.-p..ill. B .....b
VICE-MAYOR IIAROLD IIEISCHOBER. A, L.,S.
JOHN A. BAUM, Bi.,A..,., B...gb
P. REID ERVIN. A, L.,g.
BARBARA M. HENLEY. P..,. B .... gb
CLARENCE A. HOLLAND. M.D.. B.y.id. B...gh
W. H. KITCH)N. Ill. Vi,gi.i. B-.b B.-gb
REBA S. M.CLANAN. A-. B...gb
DONALD W. MERRICK. Ly-b... B...gb
MEYERA E. OBERNDORF, At L.,g. 212 CITY HALL BUILDING
PATRICK L. STANDING. At L.,g. MUNICIPAL CEN7ER
VIRGINIA BEACH. VIRGINIA 23456
RUTH HODGES SMITH. Cily Cl.,k (804) 427-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: Monday, 26 November 1979 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
1. Science Museum: Presentation by Mac Rawls
2. Mobile Refuse Container Program: Discussion of the
test program concerning the feasibility of utilizing
mobile refuse containers in the City of Virginia Beach.
ITEM II FORMAL SESSION: MONDAY, 26 November, 1979 - 7:00 p.m.
A. INVOCATION - Reverend Fritz Stegemann
Open Door Chapel
B. PLEDGE OF ALLECIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF REGULAR PREVIOUS MEETING
1. Motion to accept/approve the Minutes of
19 November 1979
E. RESOLUTIONS
1. Resolution requesting the City Council of the City of
Chesapeake petition the Chesapeake Industrial Develop-
ment Authority to issue Industrial Revenue Bonds in the
name of Sea Star Development Corporation for construction
of a hotel facility in Virginia Beach.
2. Resolution stating that effective January 1, 1980, all
legal advertisements required of the City of Virginia
Beach shall be placed in the Virginian-Pilot or Ledgar
Star.
F. CONSENT AGENDA
All matters listed mder 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 dis-
cussion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered
separately.
ITEM II F. CONSENT AGENDA (continued)
1. Ordinance to amend and alter Division 3 of Article
III of Chapter 5 of the Code of Virginia Beach per-
taining to expenses for harboring animals adjudged
either a nuisance or vicious.
a. City Manager's letter recommends adoption.
2. Ordinance appointing viewers for the petition of
the City of Virginia Beach for the closure of a
portion of 30th Street (Virginia Beach Borough).
a. City Manager's letter recommends appointment of
viewers.
3. Ordinance to authorize the acquisition of property of
rights and interest in 30th Street and the acquisition
of temporary and permanent easements of right of way,
either by agreement or by condemnation.
a. City Manager's letter recommends adoption.
4. Request of Women's Auxiliary to the Virginia Beach
Medical Society for a raffle permit.
a. City Manager's letter recommends approval.
5. Request of John T. Atkinson, City Treasurer, for tax
refunds in the amount of $371.41.
a. City Manager's letter recommends approval.
G. PLANNING ITEMS
1. Application of Robert Letchworth for a change of zoning
from R-7 Residential District to A-2 Apartment District
on a .344 acre parcel located at the northwest inter-
section of Winston Salem Avenue and Mediterranean Avenue
(Virginia Beach Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for denial.
2. Application of The Barberton Corporation for a change of
zoning from A-1 Apartment District to A-3 Apartment Dis-
trict on a .301 acre parcel,
AND, a change of zoning from R-6 Residential District to
A-2 Apartment District on a .402 acre parcel.
These parcels, totalling .703 acres, are located at the
northwest intersection of C Street and Barberton Drive
(Lynnhaven Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for denial of both requests.
3. Application of Dr. Ronald J. Wyles for a change of zoning
from R-4 Residential District to 0-1 Office District on a
1.844 acre parcel located at the northeast intersection of
First Colonial Road and Mill Dam Road (Lynnhaven Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
ITEM II G. PLANNING ITEMS
4. Application of Mr. and Mrs. Emanuel Gavallas for a
change of zoning from R-5 Residential District to
A-2 Apartment District on a 1.5 acre parcel,
AND, a change of zoning from R-5 Residential District
to B-2 Community-Business District on a .54 acre par-
cel.
This site is located on the north side of Shore Drive,
west of Pleasure House Road (Bayside Borough).
a. City Manager's letter transmits the recommendation
of the Planning Commission for denial of these re-
quests.
The applicants request a deferral by letter dated
November 9, 1979.
5. Application of West Landing Road, Limited, for a variance
to Sections 4.1(m) and 5.5(a) of the Subdivision Ordinance
which require minimum street pavement widths and curb and
gutter. The applicant wishes to subdivide a 194.512 acre
site located on the south side of West Landing Road, west
of West Neck Road,
AND, a conditional use permit for one-family detached
dwellings on this site.
a. City Manager's letter transmits the recommendation of
the Planning Commission for denial of the variance
AND approval of the conditional use permit.
6. Application of Bradford 1. and Julie A. Williams for a
conditional use permit for boarding horses on a 9.11 acre
parcel located on the south side of Malbon Road, east of
Princess Anne Road (Pungo Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.,
7. Application of Edwin H. Weitzen, M. D. for a conditional
use permit for dune disturbing activity on a .5 acre parcel
located on the east side of Sandfiddler Road, north of
White Cap Lane (Pungo Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
8. Ordinance to amend and reordain Article 6, Section 601 of
the CZO pertaining to garage apartments in the A-1 Apart-
ment District.
a. City Manager's letter transmits the recommendation of
the Planning Commission for adoption of this Ordinance,
AND the City Manager recommends this proposed amendment
not be adopted at this time.
9. Ordinance to amend and reordain Article 1, Section Ill of
the CZO pertaining to definitions.
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
ITEM II G. PLANNING ITEMS
10. Application of Maurice and Israel Steingold for a
change of zoning from A-1 Apartment District to A-3
Apartment District on two parcels, totalling .152
acres, located on the north side of 24th Street, both
east and west of Barberton Drive (Lynnhaven Borough)
This matter was deferred until today on October 22,
1979.
a. City Manager's letter transmits the recommendation
of the Planning Commission for approval.
11. Application of Rock Church for a conditional use permit
for expansion of an education building on a 5.256 acre
parcel located at the southeast corner of Kempsville
Road and Manor Drive (Kempsville Borough). This matter
was deferred until today on October 22, 1979.
a. City Manager's letter transmits the recommendation
of the Planning Commission for approval.
12. Application of Chesapeake Fence and Awning Company, Inc.
for a change of zoning from B-2 Community-Business Dis-
trict to I-1 Light lndustrial District on a 2 acre par-
cel located at the northwest intersection of Indian River
Road and Reon Drive (Kempsville Borough),
AND, a conditional use permit for a bulk storage yard on
this parcel.
This matter was deferred until today on October 22, 1979.
a. City Manager's letter transmits the recommendation of
the Planning Co=nission for denial of these requests.
13. Application of Sir Galahad Company for a conditional use
permit for a community center on a 13.746 acre parcel lo-
cated on the east side of Holland Road, north of Landstown
Road (Princess Anne Borough).
SIGN NOT POSTED PROPERLY
a. City Manager's letter transmits the recommendation of
the Planning Commission to allow withdrawal of this
request.
H. ORDINANCES
1. General
a. Application of Ernest L. Matthews, Jr. for the petition
for the closure of a portion of North Birdneck Circle
(Lynnhaven Borough). This 4,971 square foot parcel is
located at the intersection of North Birdneck Road and
Americus Avenue.
1. City Manager's letter transmits the recommendation
of the Planning Commission for approval.
It is the opinion of the Viewers that the closure of
this portion of Birdneck Circle should be deferred.
ITEM II H. Ordinances
1. General
b. Application of Jack Weller for the petition for the
closure of a portion of Lynnhaven Drive (Lynnhaven
Borough). This .08 acre site is located at the
Southeast intersection of Lynnhaven Drive and Vista
Circle.
1. City Manager's letter transmits the recommendation
of the Planning Commission for denial.
c. Application of Gary L. Nelson for the petition for the
closure of a portion of Garfield Avenue (Princess Anne
Borough).
1. City Manager's letter transmits the recommendation
of the Planning Commission for denial.
d. Ordinance to amend and reordain Section 23-12.1 of the
Code of the City of Virginia Beach pertaining to Bingo
Games and Raffles.
1. City Manager's letter recommends adoption of this
Ordinance.
e. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way between 88th Street and 89th
Street as requested by Mr. Arthur Adkins, of Hudgins and
Adkins, Inc.
1. City Manager's letter recommends adoption of this
Ordinance.
2. Second Readings
a. Ordinance to appropriate funds in the amount of
$317,967 for the State Fuel Assistance Program.
b. Ordinance to appropriate ftmds in the amount of
$420,000 for site acquisition in the Beach Borough
for public parking.
C. Ordinance to appropriate funds in the amount of
$17,520 for the removal of Potter's Sand Fence.
3. Appropriations
a. First Readings
1. Ordinance to appropriate funds in the amount of
$220,000 for site acquisition in the Beach Borough
for public parking.
a. City Manager's letter recommends adoption of
this Ordinance.
2. Ordinance to provide appropriations to permit the
acquisition of protective shields for the Police
Department in the amount of $23,100.
a. City Manager's letter recommends adoption of
this Ordinance.
ITEM II I. OLD BUSINESS
1. Boards and Commissions
2. Council Matters
J. NEW'BUSINESS
1. Council Matters
K. ADJOURNMENT
1. Motion for adjournment
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
November 26, 1979
The regular meeting of the 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,
November 26, 1979, at 5:30 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Absent:
Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., and Meyera E. Oberndorf*
ITEM #14444
Mayor Standing entertained a motion to permit Council to conduct
an INFORMAL SESSION to be followed by an EXECUTIVE SESSION for
the purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body. (Personnel Matters).
2. Discussion or consideration of the condition,
acquisition or use of real property for r)ublic
purpose, or other disposition of publicly held
property. (AC n, use or disposition of
publicly held ).
3. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or
other legal ,natters within the jurisdiction of
the public body. (Legal Matters).
On motion by Councilman Payne, seconded by Councilman Ferrell,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 8- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, J. Curtis
Payne, Roger L. Riggs, Mayor Patrick L. Standing
Council Members Voting Na@f:
None
1 1/ 26 79
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Council Members Absent:
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., and Meyera E. Oberndorf
ITEM #14445
Councilman Ervin indicated if any member of Council, and their wives
or husbands wish to attend the ODU Lady Monarch's basketball game on
Friday, December 14, 1979, he has complimentary tickets, and will
give same to City Clerk to include in Agenda packets.
SCIENCE MUSEUM PRESEtITATIOl ITEM #14446
The City Manager indicated as Council is aware, $50,000 was included
in the budget of 1977 and grants have been received from the General
Assembly in the like amount to permit the City of Virginia Beach to
pursue the feasibility study of an Oceanographic Science Museum in
this City.
The City has been working with the School Board on this matter, and
Doctor E. E. Brickell, Superintendent of Schools, has assigned Mr.
Mac Rawls, former Principal of Fairfield Elementary School, to work
on the planning, development, coordination and opening of the proposed
Science Museum.
Several sites have been reviewed as to their availability to the
ocean, to water, to tourists, and the school system. Owls Creek
was found to be the most feasible location.
Mr. Mac Rawls appeared before Council on this matter and presented
a slide presentation to Council on the proposed Science tiuseum.
*COUNCILWOMAN OBERNDORF ENTERED MEETING AT 5:35 p.m.
MOBILE REF(ISE CONTAINER PROGRAM ITEM #14447
The City Manager indicated the City is undertaking a program solely
as a further study on more efficient trash collections.
The City has had several pilot programs throughout the City. In
Lake Smith Terrace and Carriage Hill the residents used Rubbermaid
containers. The containers were an overwhelming success as over
97 percent of the residents favored the Rubbermaid containers.
The City has also purchased several "Grunchers" (garbage trucks),
and they have proven to be very beneficial.
The City is now reviewing a system that combines the "Gruncher"
with a similar type of trash container. The container holds
approximately 90 gallons. The truck is approximately $60,000;
however, it enables one man to sit in the truck and collect
the trash.
The Pilot program is being conducted in the Larks Down area of
the City, with approximately 300 residents participating in the
program. In the commercial areas approximately 40 business
establishments are utilizing this program. The cost for the
truck, the 300 residences and the commercial areas is approximately
$4,000-between November 15, 1979 and December 20, 1979.
11/ 26/ 79
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FORMAL SESSION
TTEM #14448
Monday, November 26, 1979
7:00 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Mevera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
INVOCATION was given by the Reverend Fritz Stegemann, Open Door
Chapel .
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITET@ #14449 MI@IUTES
On motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to DEFER ONE WEEK approval of the minutes of the
regular meeting of November 19, 1979.
Voting: 9 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
ITEM #14450
Councilman Baum, referring to his request to correct (by clarifying)
the minutes of October 15, 1979, (Item #14332), also deferred this
matter to December 3, 1979.
11 /26/ 79
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(ITEM II-H.I.c) ITEM #144cl ORDINANCE
AT THE REQUEST OF THE ATTORNEY, THIS ITEM WAS TAKEN OUT OF SEQUENCE.
Honorable A. Joseph Canada represented the applicant.
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to DEFER UNTIL DECEMBER 17, 1979, the following
Ordinance closing, vacating and discontinuing a portion of that
certain street of approximately 50 feet, more or less, in width,
known as Garfield Avenue, as shown on a certain plat located in
Map Book 7, at Page 70, between Garfield Avenue, in the Pecan
Gardens area in the City of Virginia Beach, Virginia, said Map
being attached hereto:
Vo ti ng :9 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
11/ 26/ 79
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IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN -
STREET OF APPROXIKATELY 50 FEET, MORE OR
LESS, IN WIDTH, KNOWN AS GARFIELD AVENUE,
BOOK 7, AT PAGE 70, BETWEEN GARFIELD AVENUE,
IN THE PECAN GARDENS AREA IN THE CITY OF
VIRGINIA BEACH, VIRGINIA, SAID MAP BEING
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by Gary L. Nelson representing the Pine Needles Housing area, that he
would make application to the City Council of the City of Virginia Beach, Virginia,
on the da of , 1979, to have the hereinafter described
street discontinued, closed and vacated; and,
WHEREAS, it is the judgment of the City Council that said street
be discontinued, closed and vacated.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the City Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed and vacated:
ALL THAT certain lot, piece or parcel of land, lying,
situate and being in the City of Virginia Beach,
Virginia, and described as:
BEGINNING at a point on the southwestern corner of
Alabama Avenue, formerly 29th Street, as shown on the
Plat of Pecan Gardens, which Plat is recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 7, at Page 70,
in a southerly direction down the western line of
Garfield Avenue to its terminus with the northerly
right-of-way of Holland Road; thence 50 feet, more
or less, in an easterly direction to the point on
the right-of-way on Holland Road at its terminus
with Garfield Avenue; thence northerly to the north-
east corner of Garfield Avenue where it runs into
Alabama Avenue; thence west 50 feet more or less,
to the point of beginning.
Said parcel of land being a portion of Garfield Avenue as indicated
on a certain Map which is attached hereto.
SECTION II
This Ordinance shall be in effect 30 days from its passage.
DEFERRED: December 17, 1979.
11 1 26 7 9
Gti,y
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(ITEM II-E.1) ITEIA. #14452 RESOLUTIONS
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to ADOPT the following Resolution requesting the City
Council of the City of Chesapeake petition the (hesapeake Industrial
Development Authority to issue industrial Revenue Bonds in the name
of the Sea Star Holding Corporation for construction of a hotel in
the City of Virginia Beach, (approximately $4.5 Million hotel con-
vention facility).
Vot ing :9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
11/ 26/ 79
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R E S 0 L U T I 0 N
WHEREAS, Sea Star Holding Corporation is interested
in developing a $4.5 million hotel facility in Virginia Beach;
and
WHEREAS, the development of this hotel facility will
benefit the economy of Virginia Beach and the Tidewater area;
and
WHEREAS, the Virginia Beach Development Authority operates
under legislation which precludes the issuance of industrial
revenue bonds for hotel/motel facilities; and
WHEREAS, the Chesapeake Industrial Development Authority
operates under a general statute which allows them to issue
industrial revenue bonds for many types of facilities including
hotels;
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Virginia Beach that the Council of the City of
Chesapeake is hereby requested to petition the Chesapeake
Industrial Development Authority to issue industrial revenue
bonds in the name of Sea Star Development Corporation for
construction of a hotel facility in Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26th day of November 1979.
11/ 26/ 79
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(ITEM II-E.2) ITEM #14453
Mr. Hanes Byerly, Publisher of the Virginia Beach Sun News, appeared
in opposition.
On motion by-Councilman Payne, seconded by Councilman Merrick, City
Council voted to DEFER UNTIL DECEMBER 10, 1979, the following
Resolution stating that effective January 1, 1980, all legal
advertisements required of the City of Virginia Beach shall be
placed in the Virginian-Pilot or Ledgar Star:
Councilwoman Henley indicated it was her understanding that the
advertisements were to be in the Virginian-Pilot ONLY.
The City Manager indicated it was a precaution on the part of
the City in that if a problem arises with the Virginian-Pilot
the City can publish in the Ledgar Star.
Voting: 9 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
11/ 26/ 79
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The Regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the Administration Building on the
day of 19-.
On motion by and seconded by
the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, it is the desire of the Council to provide notice to
the citizens of Virginia Beach through the broadest possible coverage in the
printed news media; and,
WHERFAS, the Virginian Pilot and Ledgar Star have the largest
circulation in the area.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
That effective January 1, 1980, all legal advertisements required
of the City shall be placed in the Virginian Pilot
DEFERRED FOR TWO WEEKS: December 17, 1979
JDB:kg
11/8/70
11 / 2 6 / 7 9
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(ITEM II-F.1) ITEM #14454 CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE
FORM LISTED:
On motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to APPROVE the following Ordinance to amend and
al ter Di vis ion 3 of Arti cl e III of Chapter 5 of the Code of the
City of Virginia Beach, Virginia, pertaining to expenses for
harboring animals adjudged either a nuisance or vicious:
Vo ting :9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
11/ 26/ 79
APPICV.c:) AS TO CCt4TEN7
slal;
AN ORDINANCE TO AMEND AND ALTER DIVISM)C,T]ORNEY
3 OF ARTICLE III OF CHAPTER 5 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, PERTAINING
TO EXPENSES FOR HARBORING ANIMALS ADJUDGED
EITHER A NIJISANCE OR VICIOUS.
BE IT ORDAINED BY THE COUI;CIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Division 3 of Article III of Chapter 5 of the Code
of the City of Virginia Beach, Virginia, is hereby amended by
adding thereto a new section pertaining to expenses for harboring
animals adjuged either a nuisance or vicious.
Section 5- Expenses for harboring animals adjudged either a
nuisance or vicious.
Any person who owns any dog, cat or other animal that
has been adjudged either a nuisance, pursuant to Section 5-37, or
vicious, pursuant to Section 5-6 of this Code, by the General
District Court and who appeals that decision to the Circuit Court
shall be responsible for the fees connected with the impounding
of the animal by the Bureau of Animal Control. If on appeal the
Circuit Court determines that the dog, cat or other animal is not
either vicious or a nuisance, pursuant to this chapter, no such
fees for the impounding of the animal shall be imposed.
Adopted by the Council of the City of Virginia Beach on
November 26, 1979
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(2)
11/26/79
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(ITEM II-F.2) ITEM #14455
On motion by Councilman Baum, seconded by Counci.1man Payne, City
Council voted to APPROVE the following Ordinance appointing Viewers
for the peti tion of the City of Vi rgi ni a B each for the cl osure of a
portion of 30th Street (Virginia Beach Borough):
Voti ng : 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
II/ 26/ 79
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ORDINANCE APPOINTING VIEWERS
WHEREAS, George L. Hanbury, City Manager for the City of Virginia
Beach, Virginia, has given due and proper notice, in accordance with the statutes for
such cases made and provided that he will on the 15th day of October, 1979, apply to
the City Council of the City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below-described property and report in writing to the Council
whether, in the opinion of the said Viewers, any and, if any, what inconvenience would
result from the discontinuance of the hereinafter described portion of that certain
street of variable width, and has filed such application with the said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That C. Oral Lambert
David M. Grochmal AND
Robert J. Scott
are hereby appointed to view the below-described property and report in writing to
the Council on or before November 26, 1979, whether, in their opinion, any and, if any,
what inconvenience would result from the discontinuing and vacating of a portion of
that certain street of variable width located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
That certain portion of the east end of 30th Street,
45 feet in from Atlantic Avenue, running 105 feet to
Atlantic Boulevard, 60 feet wide, in the Virginia Beach
Borough of the City of Virginia Beach, Virginia, as
shown on that certain plat entitled "Plat of the Eastern
105' of 30th Street To Be Closed, Virginia Beach,
Virginia", on file in the Department of Public Works
of the City of Virginia Beach, Virginia.
All of the above as shown on that certain plat entitled "Plat of the
Eastern 105' of 30th Street To Be Closed, Virginia Beach, Virginia", which plat is
attached hereto and imde a part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the Twenty-Sixth day of November, 1979.
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8/10/79
9/28/79
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24241 BOOK 2055 PAGE 207
(ITEM II-F.3) ITEM #14456
On motion by Councilman Baum, seconded by Councilman Payne, City Council
voted to APPROVE the following Ordinance to authorize the acquisition of
property rights and interest in 30th Street and the acquisition of temporary
and permanent easements of right-of-way either by agreement or by
condemnation:
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
11/26/79
-1 6-
REQUESTED BY: Public Works Department Book 2055 Page 208
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
PROPERTY RIGHTS AND INTEREST IN 30TH STREET
AND THE ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREEMENT
OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of Public
Facilities for public purposes for the preservation of the safety, health,
peace, good order, convenience, moral and 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 and/or Assistant City
Attorney is hereby authorized and directed to acquire by purchase or
condemnation pursuant to Section 15.1-236, 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 in 30th Street lying
east of Atlantic Avenue and as shown on that plat entitled "PLAT OF
PROPERTY OF THE EASTERN 105.0' OF 30TH STREET TO BE CLOSED," dated
7/28/78, being on file in the Office of Real Estate, Department of Public
Works, Virginia Beach, Virginia.
Section 2. That the City Attorney and/or Assistant City
Attorney is hereby authorized to make or cause to be made on behalf
of the City of Virginia Beach, to the extent that funds are available,
a reasonable offer to the owners or persons having an interest in said
lands, if refused, the City Attorney and/or Assistant 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 Twenty-Sixth day of November, 1979.
JAR:kg
9/ 1 7 / 7 9
11/26/79
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(ITEM II-F.4) ITEM #14457
On motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to APPROVE the request of Women's Auxiliary to the
Virginia Beach Medical Society for a Raffle Permit.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
(ITEM II-F.5) ITEM #14458
On motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to approve the following tax refunds in the amount
of $371 .41 :
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holand, and Vice Mayor J. Henry
McCoy, Jr.
1 1/ 2 67 9
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(ITEM II-G.1) ITEM #14459 PLANNING AGENDA
Mr. Donald H. Rhoads, Attorney, represented the applicant
Mr. Harry Garbis, President of the Shadowlawn Heights Civic League,
appeared in opposition.
On motion by Councilman Riggs, seconded by Councilman Ferrell, City
Council voted to REFER BACK TO THE PLANNING COMMISSION FOR RECONSIDERATION
AS THE DEVELOPER HAD RECORDED CERTAIN DEED RESTRICTIONS AFTER THE PLANNING
COMMISSION HEARING-4
Ordinance upon application of Robert Letchworth for a 'Change of Zoning
District Classification from R-7 Residential District to A-2 Apartment
District on certain property located at the Northwest intersection of
Winston Salem Avenue and Mediterranean Avenue, running a distance of
200 feet along the West side of Mediterranean Avenue, running a distance
of 75 feet along the South side of Terrace Avenue, running a distance of
200 feet along the Western property line and running a distance of 75
feet along the Southern property line. Said parcel contains .344 acre.
Virginia Beach Borough
Voting : 6 - 3
Council Members Voting Aye: (for referral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
Council Members Voting Nay:
Barbara M. Henley, Donald W. Merrick, and
Meyera E. Oberndorf
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 12 67 9
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(ITEM II-G.2) ITEM #14460
Mr. Ed Hudgins, Attorney, represented the applicant
Mr. E. V. Flannagan at)peared in opposition.
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to uphold the recommendations of the Planning Director
and APPROVE the following Ordinances of The Barberton Corporation for
Changes of Zoning District Classification from A-1 Apartment District
to A-2 Apartment Di stric t ( MODI FI ED FROM A-3 APARTtlENT DIS TRICT) ; an d
from R- 6 Res i denti al Dis trict to A-2 Apa rtmen t Di stri ct ( MOD I FI ED FROM
A-3 APARTMENT DISTRICT).
ORDINANCE UPON APPLICATIOrl OF THE BARBERTON Z01179458
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 APARTMENT DISTRICT
TO A-2 APARTMENT DISTRICT (MODIFIED FROM
A-3 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Ordinance upon application of The Barberton Corporation for a Change
of Zoning District Classification from A-1 Apartment District to A-2
Apartment District (modified from A-3 Apartment District) on certain
property located on the West side of Barberton Drive beginning at a
point 35 feet North of "C" Street, running a distance of 105 feet
along the West side of Barberton Drive, running a distance of 125
feet along the Northern property line, running a distance of 105
feet along the Western property line and running a distance of 125
feet along the Southern property line. Said parcel contains .301
acre. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Modified from A-3 Apartment District to
A-2 Apartment District.
2. Standard improvements as required by the
Site Plan Ordinance.
3. City water and sewer.
4. A vacation of the existing lot lines in order
to avoid the creation of nonconforming lots.
5. Right-of-way improvements will be necessary
along both Barberton Drive and "C" Street;
this includes pavement widening, curb and
gutter, sidewalk and drainage facilities.
6. The existing ditch which crosses this site
is to be piped with development.
7. The necessary downstream drainage improvements
and easements will be required.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 day of November , 1979.
1 12 67 9
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ORDINANCE UPON APPLICATIOrl OF THE BARBERTON Z01179459
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT
TO A-2 APARTMENT DISTRICT (M.ODIFIED FROM A-3
APARTMENT DISTRICT)
BE IT ORDAINED BY @THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Ordinance upon application of The Barberton Corporation for a Change
of Zoning District Classification from R-6 Residential District to
A-2 Apartment District (modifi d@from A-3 Apartment District) on
certain property located at the Northwest corner of Barberton Drive
and "C" Stre et, run ni ng a di s tan ce of 35 feet al on g the West s i de of
Barberton Drive, running a distance of 125 feet in a Northwesterly
direction, running a distance of 90 feet in a Northeasterly direction,
running a distance of 105 feet in a Northwesterly direction, running a
distance of 125 feet along the Western property line and running a
distance of 230 feet along the North side of "C" Street. Said parcel
contains .402 acre. Lynnhaven Borough
Approval is subject to the foll6wing conditions in conjunction with
the intended use of the land:
1. Modified from A-3 Apartment District to
A-2 Apartment District.
2. Standard improvements as required by the
Site Plan Ordinance.
3. City water and sewer.
4. A vacation of the existing lot lines in
order to avoid the creation of nonconforming
1 ots .
5. Right-of-way improvements will be necessary
along both Barberton Drive and "C" Street;
this includes pavement widening, curb and
gutter, sidewalk and drainage facilities.
6. The existing ditch which crosses this site
is to be piped with development.
7. The necessary downstream drainage improvements
and easements will be required.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, approved on the 26th day of November 1979
1 1 2 67 9
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Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Me@bers Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1/ 2 67 9
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(ITEM II-G.3) ITEM #14461
Mr. H. Calvin Spain, Attorney, represented the applicant.
The following appeared in opposition:
Captain Donald Ross, President of Alanton
Civic League
Doctor Tonv Thomas, representing Sleepy Hollow
Mr. John Gravatt, Chairman of the Great Neck
Association
Mr. Grayson Whitehurst, Sr., representing Grayson Whitehurst, Jr.,
appeared before Council requesting approval of the application.
Councilman Merrick made a motion, seconded by Mayor Standing, to
deny the a ppl i cati on of Doc tor Ronal d J . Wyl es for a Cha nge of
Zoning District Classification from R-4 Residential D@strict to
0-1 Office District.
Councilman Baum offered a SUBSTITUTE MOTION, seconded by Councilman
Ferrell, to approve the application of Doctor Ronald J. Wyles for a
Change of Zoning District Classification from R-4 Residential District
to 0-1 Office District; approval subj c@t to the following stipulations
as requested by the Planning Commission:
1. Standard improvements as required by the
Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessary
along Mill Dam Court; this includes pavement
widening, curb and gutter, sidewalk, and
drainage facilities. Sidewalk will also be
required along First Colonial and Mill Dam
Roads .
THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS:
Voti ng : 6 - 3
Council Members Voting Aye: for Subs ti tute Motion
John A. Baum, F. Reid Ervin, George R. Ferrell,
J. Curtis Payne, Roger L. Riggs, Mayor Patrick
L. Standing
Council Members Voting Nay:
Barbara M. Henley, Donald W. Merrick, and
Meyera E. Oberndorf
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 1/ 2 67 9
2 3-
CITY COUNCIL VOTED TO APPROVE THE SUBSTITUTE MOTION AND THE FOLLOWING
ORDINANCE UPON APPLICATION OF DOCTOR RONALD J. WYLES FOR A CliANGE OF
ZONING FROM R-4 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT:
ORDINANCE UPON APPLICATION OF DOCTOR Z01179460
RONALD J. WYLES FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-4
RESIDENTIAL DISTRICT TO 0-1 OFFICE
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH
VIRGINIA, that:
Ordinance upon application of Doctor Ronald J. Wyles for a Change of
Zoning District Classification from R-4 Residential District to 0-1
Office District on certain property located at the Northeast inter-
section of First Colonial Road and Mill Dam Road, running a distance
of 300 feet along the East side of Mill Dam Road, running around a
curve in a Southeasterly direction a distance of 115.61 feet, running
a distance of 485 feet along the West side of Mill Dam Court, running
a distance of 45.99 feet in a Southwesterly direction, and running a
di s tance of 370 feet a long the North s i de of First Colon i al Road .
Said parcel contains 1.844 acres. Lynnhaven Borough.
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
Mill Dam Court; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
Sidewalk will also be required along First Colonial
and Mill Dam Roads.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26th day of November 1979.
1 1 2 67 9
2 4-
(ITEM II-G.4) ITEM #14462
Mr. Andrew Heatwole, representing the applicants, requested the
zoning change from R-5 Residential District to B-2 Community-
Business District be withdrawn; and, the zoning change from
R-5 Residential District to A-2 Apartment District be deferred.
The City Clerk indicated a letter had been received from Mr. and
Mrs. Gavallas requesting withdrawal of the applications.
The following apr)eared in opposition:
Mrs. Barbara Nutting
Mr. William Hawkinson
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the applications of Mr. and Mrs. Emanuel Gavallas
for a Change of Zoning District Classification from R-5 Residential
District to A-2 Apartment District; and, from-R-5 Residential District
to B-2 Community-Business District:
Ordi nance upon appl i cation of Mr. and Mrs. Emanuel GavaII as for a
Change of Zoning District Classification from R-5 Residential
District to A-2 Apartment District on certain property located on
the North side of Shore Drive beginning at a point 770 feet West
of Pleasure House Road, running a distance of 50 feet along the
North s i de of Shore Dri ve, run ning a dis tance of 1 75 feet in a
Northerly direction, running a distance of 135 feet in a Westerly
direction, running a distance of 254.50 feet in a Northerly direction,
running a di s tance of 1 32 .1 feet in a Northeas terl y di rection, runn ing
a distance of 157.70 feet in a Southeasterly direction and running a
distance of 449.55 feet along the Eastern property line. Said parcel
contains 1.5 acres. Bayside Borough.
Ord i nance upon appl i cati on of Mr. and Mrs. Emanuel Gaval 1 as for a
Change of Zoning District Classification from R-5 Residential District
to B-2 Community-Business District on certain property located on the
North side of Shore Drive beginning at a point 820 feet West of
Pleasure House Road, running a distance of 135 feet along the North
side of Shore Drive, running a distance of 175 feet along the Western
property line, running a distance of 135 feet along the Northern
property line and running a distance of 175 feet along the Eastern
property line. Said parcel contains .54 acre. Bayside Borough.
V o t i n g :9 - 0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
1 1 / 26 / 7 9
2 5-
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
(ITEM II-G.5) ITEM #14463
Mr. James E. Evans, Attorney, represented the applicant
The following appeared in opposition:
Captain Melvin Eaton
Mr. Lee Davis
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the request of West Landing Road, Limited, for a variance to
Sections 4.1(m) and 5.5(a) of the Subdivision Ordinance which requires
minimum street pavement widths and curb and gutter. The applicant
wishes to subdivide a 194.512 acre site located on the q.outh side of
West Landing Road, West of west Neck Road.
Subdivision Variance: Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision Ordinance, Subdivision
for West Landing Road, Limited. Property located on the West side of
West Landing Road, 3850 feet more or less West of West Neck Road. More
detailed information is available in the Department of Planning.
Voting: 9 - 0
Council Members Voting Aye: (for denial)
John A . Baum , F. Reid Erv in, George R. Ferrel 1 ,
Barbara M. Henley, Donald W. Merrick, tleyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 1/ 2 67 9
2 6-
(ITEM II-G.5.a) ITEM #14464
Mr. James E. Evans, Attorney, represented the applicant
The following appeared in opposition:
Captain Melvin Eaton
Mr. Lee Davis
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of West Landing
Road, Limited, for a Conditional Use Permit for one-family detached
dwell i ngs :
ORDINANCE UPON APPLICATION OF WEST LANDING R01179283
ROAD, LIMITED, FOR A CONDITIONAL USE PERMIT
FOR ONE-FAMILY DETACHED DWELLINGS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that:
Ordinance upon application of West Landing Road, Limited, for a
Conditional Use Permit for one-family detached dwellings on cer-
tain property located on the South side of West Landing Road
beginning at a point 3850 feet more or less West of West Neck
Road, running a distance of 1906.59 feet along the South side of
West Landing Road, running a distance of 721.49 feet in a South-
easterly direction, running a distance of 1806.22 feet in a South-
westerly direction, running a distance of 1271.76 feet in a South-
easterly direction, running a distance of 947.49 feet in a South-
westerly direction, running a distance of 482.90 in an Easterly
direction, running a distance of 42.72 feet in a Southerly direction,
running a distance of 1449.73 feet in a Northeasterly direction,
running a distance of 940.91 feet in a Southeasterly direction and
running a distanceof@719.02 feet in a Northeasterly direction, running
a distance of 237.21 feet in a Northerly direction, running a distance
of 177.78 feet in an Easterly direction, running a distance of 192.40
feet in a Northerly direction,, running a distance of 1246.95 in a
Northwesterly direction, running a distance of 663.18 feet in a
Northerly direction, running a distance of 441.19 feet in a North-
westerly direction, running a distance of 170 feet in a Westerly
direction and running a distance of 726 feet in a Northerly direction.
Said parcel contains 194.5 acres. Princess Anne Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the
Subdivision Ordinance.
2. Compliance with criteria for the installation
of septic tanks in poorly-drained soils.
3. A 10-foot dedication along West Landing Road.
4. Right-of-way improvements along both West
Landing Road and the proposed street that
would service this site; this includes curb
and gutter and pavement widening.
5. Approval is only for that portion of this site
within 600 feet of West Landing Road.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 26th day of November 1979.
1 1/ 26 / 7 9
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Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, F. Rleid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
(ITEM II-G.6) ITEM #14465
Mrs. Julie A. Williams appeared in favor.
On motion by Councilwoman Henley, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
for APPROVAL of the Ordinance upon application of Bradford I. and Julie
A. Williams for a Conditional Use Permit for boarding horses; with the
stipulation that the following conditions be imposed:
1. Compliance with Article 2, Section 234 of the
Comprehensive Zoning Ordinance pertaining to
Riding Academies, Horses for Hire or Boarding.
2. A dedication of right-of-way 20 feet from the
centerline of the existing roadway along the
900 foot frontage on Pialbon Road.
3. Applicant must make provisions for "on-site"
riding or receive WRITTEN permission from consenting
neighbors to ride on their land (private
property) , i ndi cati ng where they can and can not ride .
ORDINANCE UPON APPLICATION OF BRADFORD I. AND R01179284
JULIE A. WILLIAMS FOR A CONDITIONAL USE PERMIT
FOR BOARDING HORSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Ord i na nce upon appl i cation of Bradford I ' and Julie A. Williams for a
Conditional Use Permit for boarding horses on certain property located
on the South side of Malbon Road beginning at a point 1550 feet East
of Princess Anne Road, running a distance of 900 feet more or less
along the South side of Malbon Road, running a distance of 650 feet
along the Eastern property line, running a distance of 696.09 feet
along the Southern property line and running a distance of 520.1 feet
along the Western propertlv line. Said parcel contains 9.11 acres.
Pungo Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
I I / 2 6/ 7 9
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1 Compliance with Article 2, Section 234 of the
Comprehensive Zoning Ordinance pertaining to
Riding Academies, Horses for Hire or Boarding.
2. A dedication of right-of-way 20 feet from the
centerline of the existing roadway along the
900 foot frontage on Malbon Road.
3. The applicant must make provisions for "on-
site" riding or receive WRITTEN permission
from con sen ti ng nei gh bors i ndi cating where
they can and cannot ride on their land,
(private property).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the - 26th day of November 1979.
Voring: 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 2 6 7 9
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(ITEM II-G.7 ITEM #14466
Dr. Edwin H. Weitzen appeared in favor.
On motion by Councilman Baum, seconded by Councilman Riggs, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE
the following Ordinance upon application of Edbqin H. Weitzen, M.D., for a
Conditional Use Permit for dune disturbing activity:
ORDINANCE UPON APPLICATION OF EDWIN H. WEITZEN, R01179285
M.D., FOR A CONDITIONAL USE PERMIT FOR DUNE
DISTURBING ACTIVITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Ordinance upon application of Edwin H. Weitzen, M.D., for a Conditional
Use Permit for dune disturbing activity on certain property located on
the East side of Sandfiddler Road beginning at a point 260 feet North
of White Cap Lane, running a distance of 80 feet along the East side of
Sandfiddler Road, running a distance of 300 feet along the Northern
property line and running a distance of 80 feet along the Eastern
property line and running a distance of 300 feet along the Sou@hern
property line. Said parcel contains .5 acre. Pungo Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. No contour changes or vegetative removal on or
seaward of the dune crest.
2. The existing access to the beach is to be closed.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26th day of November 1979.
Vo ti ng 9 - 0
Council Members Voting Aye:
John A . Baum , F. Reid Erv in, George R. Ferrel I ,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 1 2 67 9
30 -
(ITEM II-G.8) ITEM #14467
On motion by Councilman Ferrell, seconded by Councilman Ervin, City
Council voted tb uphold the request of the City Manager and DEFER
INDEFINITELY th& following Ordinance to amend and reordain Article 6,
Section 601 of the Comprehensive Zoning Ordinance pertaining to
garage apartments in the A-1 Apartment District.
The Ordinance was deferred as the City Attorney has reviewed the
proposed amendment and feels that its language may be viewed as
discriminating and it may violate State Code provisions requiring
uniformity of regulations throughout each zoning category.
Vo ti ng 9- 0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 12 6 7 9
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AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 601 OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO GARAGE APARTMENTS IN
THE A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 6, Section 601, Use Regulations, of the C.Z.O. is
amended and reordained as follows:
(c) Conditional uses and structures. Uses and structures
hereinafter specified; subject to compliance with the
provisions of Part C of Article 2 thereof:
(16) In connection with one family detached dwellings,
the renovation, enlargment or replacement of
existing garage apartments, provided, however
that there shall be allowed only one (1) garage
.apartment per zoning lot.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1979.
DEFERRED INDEFINITELY: November 26, 1979
11/26/79
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(ITEM II-G.9) ITEM #14468
On motion by Councilman Ervin, seconded by Councilman Payne, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the fol 1 owi ng Ord i nance to amend and reordain Arti cl e I ,
Section 111 of the Comprehensive Zoning Ordinance pertaining to
def i ni ti ons:
Voti ng :9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nav:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 12 67 9
3 3 -
AN 09DINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. is amended and
reordained as follows:
Dwelling, Single Family. A building containing one (1) dwelling
unit, entirely surrounded by a yard. Mobile homes, travel
trailers, housing mounted on self-propelled or drawn vehicles,
tents or other forms of temporary or portable housing are not
included within this definition.
Dwelling, Duplex. A building containing two (2) dwelling units,
entirely surrounded by a yard, where each dwelling unit is
not on a separate lot. Mobile homes, travel trailers, housing
mounted on self-propelled or drawn vehicles, tents or other
foms of temporary or portable housing are not included within
this definition.
Dwelling, Attached/Townhouses. A building containing two (2) or
more dwelling units attached at the side or sides in a series
of not more than nine (9), separated by a boundary wall and
each unit having a separate lot with at least minimum dimen-
sions required by district regulations for such sections.
Dwelling, Multiple Family. A building containing three (3) or
more dwelling units, entirely surrounded by a yard, where
each dwelling unit is not on a separate lot.
Dwelling, Semi-Detached. A building containing two (2) dwelling
units attached at the sides, separated by a boundary wall
and each having a separate lot.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
26 day of November 1979.
A AS TO CONTE"T,,
SiGt4ATLAE
A P PI
2 67 9
3 4-
(ITEM II-G.10) ITEM, #14469
Mr. Steingold appeared in favor.
Mr. E. V. Flannagan appeared in opposition.
On motion by Councilman Merrick, seconded by Councilman Ferrell, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of Maurice and
Israel Steingold for a Change of Zoning District Classification from
A-1 Apartment District to A-2 Apartment District (modified fFo-M A-3
Apartment District):
ORDINANCE UPON APPLICATION OF MAURICE AND Z01179461
ISRAEL STEINGOLD FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-1 APARTMENT
DISTRICT TO A-2 APARTMENT DISTRICT (MODIFIED
FROM A-3 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCL L OF THE C I TY OF VI RGIN IA BEACH,
VIRGINIA, that:
Ordinance upon application of Maurice and Israel Steingold for a
Change of Zoning District Classification from A-1 Apartment District
to A-2 Apartment District (modified Tro-m A-3 Apartment District) on
certain parcels located on the North side of 24th Street.
Parcel 1: Located at the Northeast intersection of 24th Street and
Barbarton Drive, running a distance of 125 feet along the North side
of 24th Street, running a distance of 250 feet along the Eastern pro-
p erty 1 i ne , runn ing a dis tance of 1 25 feet a long the South s i de of
25th Street and running a distance of 250 feet along the East side
of Barberton Drive.
Parcel 2: Located on the North side of 24th Street beginning at a
point 125 feet West of Barberton Drive, running a distance of 280
feet along the North side of 24th Street, running a distance of 125
feet along the Western property line, running a distance of 280 feet
along the Northern property line and running a distance of 125 feet
along the Eastern property line.
Said parcels contain 1.52 acres. Lynnhaven Borough.
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
both 24th Street and Barberton Drive; this includes
pavement widening, curb and gutter, sidewalk, and
drainage facilities.
4 . No f i 1 Ii ng wi thou t the proper permits.
5. A vacation of the existing lot lines in order
to avoid the creation of nonconforming lots.
6 . MODIFIED TO A-2 APARTMENT DISTRICT.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 26th day of November, 1979. 11/26/79
3 5-
V o t i n g9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Na@t:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
tIcCoy, Jr.
I/ 2 67 9
3 6 -
(ITEM II-G.11) ITEM #14470
Reverend Bart Pierce represented the applicant.
The following appeared in opposition:
Mr. Curtis B. Woolard, President of the Kempsville
Borough Civic League, presented petitions to
Council voicing opposition to the application.
On motion by Councilman Ferrell, seconded by Councilman Merrick, City
Council votpd to uphold the recommendation of the Planning Commission
and APPROVE the fol 1 owing Ord i nance upon appl i cati on of Rock Church
for a Conditional Use Permit for expansion of an education building:
ORDINANCE UPON APPLICATION OF ROCK CHURCH R01179286
FOR A CONDITIONAL USE PERMIT FOR EXPANSION
OF AN EDUCATION BUILDING
BE IT ORDAINED BY THE CCUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that:
Ordinance upon application of Rock Church for a Conditional Use Permit
for ex,)ansion of an education building on certain property located at
the Southeast corner of Kempsville Road and Manor Drive, running a dis-
tance of 450 feet along the East side of Kempsville Road, running a
distance of 440 feet along the North side of Milburne Drive, running
a distance of 480 feet along the West side of Rudyard Lane and running
a distance of 470 feet along the South side of Manor Drive. Said
parcel contains 5.256 acres. Kempsville Borough.
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. Parking for the church is to be at a ratio of one
(10) space per five (5) seats or bench seating
spaces in the main auditorium. Seventeen (17)
parking spaces are to be eliminated by the con-
struction of the proposed addition to the educational
building. If these spaces are necessary in order to
provide the required amount of parking for the church
itself, the same number of spaces must be added else-
where.
4. Provision of a temporary parking lot of 1,000 spaces
prior to construction of the building.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26th day of November 1979
Vo ting 9 - 0
1 1 / 2 67 9
3 7 -
Council Members Voting Aye:
John A. Baum , F. Re i d Erv in, George R . Ferrel I ,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nalv:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
(ITEM II-G.12) ITEM #14471
The following appeared in favor of the application:
Mr. Ken Reveley, Attorney, representing the
applicant
Mr. Robert Ruffin, Jr.
The following appeared in opposition:
Mr. H. Calvin Spain, Attorney, representing
ABC Mini-warehouses
On motion by Councilwoman Oberndorf, seconded by Councilman Baum,
Ci ty Counci I REQUES TED the appl i cati on s of Chesa peak e Fence and
Awning Company, Inc., be REFERRED BACK TO THE PLANNING COMMISSION,
at NO expense to the applicant, and ask that they consider having
a Conditional Use Permit for outdoor storage in the B-2 Community-
Business District; further, this matter is to be brought back to
Council the first meeting AFTER the Planning Commission hearing
in January, 1980; and, refer back to the Planning Commission the
Ordinance regulating mini-warehouses;
An Ordinance upon application of Chesapeake Fence and Awning Company,
Inc., for a Change of Zoning District Classification from B-2 Community-
Business District to I-I Light Industrial District on certain property
located at the Northwest intersection of Indian River Road and Reon
Drive, running a distance of 226.67 feet along the North side of Indian
River Road, running a distance of 221.62 feet along the Western property
line, running a distance of 351.48 feet along the Northern property line
and running a distance of 386.44 feet along the West side of Reon'Drive.
Said parcel contains 2 acres. Kempsville Borough
An Ord i nance upon a ppl i cati on of C hesa pea ke Fence and Awni ng Company ,
Inc., for a Conditional Use Permit for a bulk storage yard on certain
property located at the Northwest intersection of Indian River Road and
Reon Drive, running a distance of 226.67 feet along the North side of
Indian River Road, running a distance of 221.62 feet along the Western
property line, running a distance of 351.48 feet along the Northern pro-
perty line and running a distance of 386.44 feet along the West side of
Reon Drive. Said parcel contains 2 acres. Kempsville Borough.
I 1/ 2 6/ 7 9
3 8-
Voting: 9 - 0
Council Members Voting Aye: (to refer back)
John A. Baum, F. Reid Ervin, George R. Ferrel'I,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
(ITEM II-G.13) ITEM #14472
On motion by Councilman Payne, seconded by Councilman Baum, City Council
voted to DEFER FOR TWO WEEKS AS SIGN WAS NOT POSTED PROPERLY the
a ppl i cation of Si r Galahad Company, a Virgin i a General Partners hip,
for a Conditional Use Permit for a community center:
Ordinance upon application of Sir 6alahad Company, a Virginia General
Partnership, for a Conditional Use Permit for a community center on
certain property located on the East side of Holland Road beginning
at a point 200 feet more or less North of Landstown Road, running a
distance of 812.25 feet along the East side of Holland Road, running
a distance of 253.44 feet in an Easterly direction, running a dis-
tance of 309.52 feet in a Northerly direction, running a distance of
445.58 feet in an Easterly direction, running around a curve in a South-
easterly direction a distance of 475.08 feet, running a distance of
983.11 feet in a Southwesterly direction and running a distance of
100 feet in a Northwesterly direction. Said parcel contains 13.746
acres. Princess Anne Borough.
V o t i n g9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 1 2 67 9
-39-
(ITEM II-H.l.a) ITEM #14473 ORDINANCES
On motion by Councilman Baum, seconded by Councilman Merrick, City
Council voted to APPROVE the following Ordinance closing, vacating
and discontinuing a portion of that certain street known as Bird-
neck Circle, located in the Lynnhaven Borough of the City of Virginia
Beach, Virginia, as shown on that certain plat entitled, "Survey of
property of Ernest L. Matthews, Jr."
Approval is subject to the following stipulations:
1. A drainage easement through the entire
area to be retained by the City, subject to
survey.
2. A utility easement for the water lines
located within the subject closure.
3. Private utility easements necessary
for the VEPCO facilities located within
the proposed closure.
Vo ti ng 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
11/26/79
-40-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS BIRDNECK CIRCLE, LOCATED
IN THE LYNNHAVEN BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON
THAT CERTAIN PLAT ENTITLED, "SURVEY OF
PROPERTY OF ERNEST L. MATTHEWS, JR."
DATED SEPTEMBER 10, 1979, VTHICH PLAT
IS RECORDED IN THE CLERK'S OFFICE OF
THE CIRCUIT COURT OF THE CITY OF VIR-
GINIA BEACH, VIRGINIA, IN MAP BOOK
I AT PAGE
WHEREAS, it appearing by affidavit that proper notice has
been given by Ernest L. Matthews, Jr., that he would make
application to the Council of the City of Virginia Beach, Vir-
ginia, on -1 1979, to have the hereinafter described
street discontinued, closed, and vacated; and
l@TPEREAS, it is the judgment of the Council that said street
be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Bewh
Virginia, that the hereinafter described street be discontinued,
closed, and vacated:
Beginning at a point on the west side of North Birdneck
Road where the west side of North Birdneck Road is inter-
sected by the boundary between Lot 6, Block 1, Morgan
Terrace and the property of Ernest L. Matthews, Jr. as
shown on that certain plat entitled "Survey of Property
of Ernest L. Matthews, Jr." dated September 10, 1979;
from said point of beginning North 74045' West, 3.19
feet to a point; thence North 020 48' East, 187.29 feet
to a point on the south side of Americus Avenue; thence
South 75025' East, 23.54 feet to a DOint; thence along
a curve to the right a distance of 9.63 feet to a point
on the eastern side of Birdneck Circle; thence South
02048' @4est, 63.56 feet to a point; thence North 69011'
19" West, 5.37 feet to a point; thence South 20048'41"
West, 10 feet to a point; thence South 69011119" East
8.63 feet to a point; thence South 02048' West, 9.72
feet to a point on the west side of North Birdneck Road;
thence along a curve to the left being the western side
of North Birdneck Road, and the length of which curve is
OMAS M. AMMONS, Ill 96.49 feet to the point of beginning, all as more fully
shown and described as Parcel "B" on the aforesaid plat.
11/26/79
-41-
Said parcel of land being a portion of Birdneck Circle as indi-
cated on that certain survey entitled "Survey of Property of
Ernest L. Matthews, Jr." dated September 10, 1979, which survey
is recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book at page
and which is made a part hereof by reference.
SECTION II
That thirty (30) days after this date a copy of this
ordinance, certified by the Clerk, be spread upon the public
records in the Clerk's Office of the Circuit Court of this City
and indexed in like manner as a deed to lands.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 26 day of November 1979.
Approval is subject to the followin c
1. Drainage easement through the A
entire area to be retained by the
City; subject to survey.
2. Utility Easement for the water
line located within the subject
cl osure .
3. Private utility easements
necessary for VEPCO faci 1 i ti es
located within the proposed
closure.
Certified to be a true excerpt from the minutes of
the City Council of the City of Virginia Beach, Virginia,
approved November 26, 1979
Ruth @iodges Smi th , Ci ty Cl erk
LA@ O,,@@.@ 0,
M. AMMONS, Ill
VI..,-@ B.@c., V@..@@@A
11/26/79
-42-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
LANE OR STREET, KNOWN AS BIRDNECK CIRCLE,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"SURVEY OF PROPERTY OF ERNEST L. MATTHEWS,
JR." DATED SEPTFMBER 10, 1979, W14-ICH SURVEY
IS ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA REACH, VIRGINIA
Your petitioner, Ernest L. Matthews, Jr., respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the petitioner applies for
the vacating, closing, and discontinuance of a portion of that
certain street, which is more specifically described as follows:
Beginning at a point on the west side of North
Bird-neck Road where the west side of North Bird-
neck Road is intersected by the boundary between
Lot 6, Block 1, Morga-n Terrace and the property
of Ernest L. Matthews, Jr. as shown on that cer-
tain plat entitled "Survey of Property of Ernest
L. Matthews, Jr." dated September 10, 1979; from
said point of begi-nning North 74"45' West, 3.19
feet to a point; thence North 02048' East, 187.29
feet to a point on the south side of Americus
Avenue; thence South 750251 East, 23.54 feet to
a point; thence along a curve to the right a
distance of 9.63 feet to a point on the eastern
side of Birdneck Circle; thence South 02048'
West, 63.56 feet to a point@ thente North 690
11'19" West, 5.37 feet to a point; thence South
20048'41" West, 10 feet to a point; thence South
69011'19" East, 8.63 feet to a point; thence
South 02048' West, 9.72 feet to.a point on the
west side of North Birdneck Road; thence along a
curve to the left being the western side of
North Birdneck Road, and the length of which curve
is 96.49 feet to the point of beginning, all as
more fully shown and described as Parcel "B" on
the aforesaid plat.
Said parcel of land being a portion of Bird-neck Circle,
as indicated on that certain plat entitled, "Survey of Property
of Ernest L. Matthews, Jr. dated September 10, 1979, which survey
is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the aforedescribed street.
O,,.@.@ 0,
@s M. AMMONS, III
VI..I.IA B..@., V,..@@@
11/26/79
-44-
ORDINANCE APPOINTING VIATERS
WHEREAS, Ernest L. Matthews, Jr. has given due and proper
notice, in accordance with the statutes for such cases made and
provided that he will on the 29th day of October, 1979, apply to
the City Council of the City of Virginia Beach, Virginia, for the
appointment of viewers to view the below-described property and
report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result from
the discontinuance of the hereinafter described portion of that
certain street known as Birdneck Circle, and has filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
cf Virginia Beach, Virginia:
THAT C. Oral Lambert
David M. Grochmal and Robert J. Scott
are hereby appointed to view the below described property and
report in writing to the Council on or before
1979, whether in their opinion, any, and if any, what inconve-
nience would result in the discortinuing and vacating of a por-
tion of that certain street located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
Beginning at a point on the west side of North Birdneck
Road where the west side of North Birdneck Road is inter-
sected by the boundary between Lot 6, Block 1, M6rgan
Terrace and the property of Ernest L. Matthews, Jr. as
shown on that certain plat entitled "Survey of ProT)erty
of Ernest L. Matthews, Jr." dated SeDtember 10, 19@9;
from said point of beginning North 74045' West, 3.19
feet to a point; thence North 02048' East, 187.29 feet
to a point on the south side of Americus Avenue; thence
South 75025' East, 23.54 feet to a point; thence along
a curve to the right a distance of 9.63 feet to a point
on the eastern side of Birdneck Circle; thence South
02048' West, 63.56 feet to a point; thence North 69011'
19" West, 5.37 feet to a point; thence Solith 20048'41"
West, 10 feet to a point; thence South 69011'19" East,
8.63 feet to a point; thence South 02048' West, 9.72
feet to a point on the west side of North Birdneck Road;
thence along a curve to the left being the western side
of North Birdneck Road, and the length of which curve is
M. AMMONS, Ill 96.49 feet to the point of beginning, all as more fully
shown and described as Parcel "B" on the aforesaid plat.
11/26/79
-43-
2. That no inconvenience will result to any persons by
reason of said closi-ng, vacation, and discontinuance of said
street; and the petitioners pray that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to redort in writing to the Council on
or before the day of 1979, as to whether
in the opinion of said viewers, what inconvenience, if any, would
result from the discontinuance and closing of this Dortion of
said street, as herein reported and described.
3. That on the day of October, 1979, Notice of the
presenting of this Application was posted at the Courthouse of
the Circuit Court of Virginia Beach, Virginia, on the premises to
be closed, and at the City Hall Annex, 19th Street and Arctic
Avenue, Virginia Beach, Virginia, as evidenced by the Affidavit
attached hereto, and a copy of said Notice.
4. That the Petitioner is fee simple owner of all land
along and adjacent to and affected by said portion of the platted
street to be closed and consequently, your Petitioner is the only
landowner affected by the same, except that the Coinmonwealth of
Virginia is owner of the land to the east of the street to be
closed.
Respectfully submitted,
ERNEST L. MATTHEWS, JR.
By
Of Counsel
Thomas M. Ammons, III
968 South Oriole Drive, Suite 203
Virginia Beach, Virginia 23451
O,,@@.@ 0,
O" M. AMMONS, Ill
11/26/79
-45-
All the above as shown upon that certain plat entitled,
"Survey of Property of Ernest L. Matthews, Jr." dated September
10, 1979.
O@,,@.@ 0,
M. A.MONS, III
11/26/79
-46-
(ITEf,l II-H.l.b ITEM #14474
Mr. Bruce B. Mills, Attorney, represented the applicant
Mr. Edward T. Caton, III, representing members of Lynnhave Colony
Civic League and residents in the area, appeared in opposition.
On motion by Councilinan Merrick, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the following Ordinance closing, vacating and discontinuing
a port ion of that certa in street of vari able wid th known as Lynnhaven
Drive, located on the Lynnhaven Borough of the City of Virginia Beach:
Vo ting 9 - 0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry McCoy, Jr.
I 1/ 26 7 9
-47-
ORDINANCE NO
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH KNOWN AS LYNN
HAVEN DRIVE, LOCATED IN THE LYNNHAVEN
BOROUGH OF VIRGINIA BEACH, VIRGINIA, AS
SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING A PORTION OF LYNNHAVEN DRIVE SHOW
ING AN AREA OF PROPOSED CLOSURE LOCATED
SOUTH OF PROPERTY OF JACK WELLER LYNNHAVEN
BOROUGH VIRGINIA BEACH, VIRGINIA SCALE: 1"
= 20' JULY 30, 1979 HAROLD C. WARREN, JR.,
LAND SURVEYOR, CHESAPEAKE, VIRGINIA."
WHEREAS, it appearing by affidavit that proper notice has been
given by Jack Weller, that it would make application to the Council
of the City of Virginia Beach, Virginia, on 1979,
to have the hereinafter described street discontinued, closed,
and vacated; and
WHEREAS, it is the judgement of the Council that the said
street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed, and vacated:
ALL THAT certain portion of Lynnhaven Drive
being more particularly bounded and described
as follows:
BEGINNING AT A pipe at the northeast corner
of Vista Circle & LynnhavenDrive which pipe
is the southwest corner of Lot 5, Block 9,
Lynnhaven Shores, recorded in Clerk's Office
of Virginia Beach, Virginia, in Map Book 7,
page 167; thence along the North side of
Lynnhaven Drivenorth 84@ 12' 00" eastl5l.60
feet to the southeast corner of Lot 2 Lynn-
haven Shores; thence south 8@ 55' 26" west
and then 25.85 feet along the prolongation
of the dividing line between Lots 1 and 2,
Block 9, Lynnhaven Shores; thence south 84@
12' 00" west, 116.65 feet along a line para-
llel to the North side of Lynnhaven Drive to
a point; thence along a curve to the right
the radius of which is 25' an arc distance of
26.94 feet to a point in the east side of
Vista Circle; thence along a curve to the right
the radius of which is 279.27 feet an arc dis-
tance of 13.43 feet to a pipe the point of beg-
inning.
11/26/79
-48-
REFERENCE is hereby made to that certain
survey entitled "PLAT SHOWING A PORTION
OF LYNNHAVEN DRIVE SHOWING AN AREA OF PRO-
POSED CLOSURE LOCATED SOUTH OF PROPERTY OF
JACK WELLER LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA SCALE 1" = 20' July 30, 1979,
HAROLD C. WARREN, JR., LAND SURVEYOR, CHESA-
PEAKE, VIRGINIA."
SECTION II
That 30 days after this date a copy of this Ordinance,
certified by the Clerk, be spread upon the public records
in the Clerk's Office of the Circuit Court of thiscity and
indexed in like manner as a deed to lands.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1979.
DENIED BY CITY COUNCIL: Noyember 26, 1979
11/26/79
-49-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS LYNN-
HAVEN DRIVE, LOCATED IN THE LYNNHAVEN
BOROUGH OF VIRGINIA BEACH, VIRGINIA, AS
SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT
SHOWING A PORTION OF LYNNHAVENDRIVE SHOW-
ING AN AREA OF PROPOSED CLOSURE LOCATED
SOUTH OF PROPERTY OF JACK WELLER LYNNHAVEN
BOROUGH VIRGINIA BEACH, VIRGINIA SCALE 1"
= 20' July 30, 1979 HAROLD C. WARREN, JR.,
LAND SURVEYOR, CHESAPEAKE, VIRGINIA."
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Jack Weller, respectfully represents as
f ollows :
1. That pursuant to the provisions of Section 15,1-364
of the Code of Virginia, as amended, the petitioner applies for
the vacating, closing, and discontinuance of a portion of that
certain street, which is more specifically described as follows:
ALL THAT certain portion of Lynnhaven Drive
being more particularly bounded and described
as follows:
BEGINNING AT A pipe at the northeast corner
of Vista Circle & LynnhavenDrive which pipe-
is the southwest corner o@ Lot 5, Block 9,
Lynnhaven Shores, recorded in Clerk's Office
of Virginia Beach, Virginia, in Map Book 7,
page 167; thence along the North side of
Lynnhaven Drive north 84 @ 12 ' 00" east 15 1. 60
feet to the southeast corner of Lot 2 Lynn-
haven Shores; thence south 8* 55' 26" west
and then 25.85 feet along the prolongation
of the dividing line between Lots I and 2,
Block 9, Lynnhaven Shores; thence south 84@
12' 00" west, 116.65 feet along a line para-
llel to the north side of Lynnhaven Drive to
a point; thence along a curve to the right
the radius of which is 25' an arc distance of
26.94 feet to a point in the east side of
Vista Circle; thence along the east side of
Vista Circle along a curve to the right the
radius of which is 279.27 feet, an arc distance
of 13.43 feet to a pipe, the point of begin-
ning.
REFERENCE is hereby made to that certain survey
entitled, "PLAT SHOWING A PORTION OF LYNNHAVEN
DRIVE SHOWING AN AREA OF PROPOSED CLOSURE LOC
ATED SOUTH OF PROPERTY OF JACK WELLER LYNNHAV N
BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE I., = 201
July 30, 1979, HAROLD C. WARREN, JR., LAND SURVEYOR,
CHESAPEAKE, VIRGINIA."
11/26/79
-50-
2. That no inconvenience will result
to any persons by
by reaso,n of said closing, vacation, and discontinuance of said
street; a.nd the petitioner prays that this Honorable Council ap-
point viewers as provided by law to view said street proposed to
be closed and to report in writing to the Council on or before the
day of 1 1979, as to whether in the opinion of
said Viewers, what inconvenience, if any, would result from the
discontinuance and closing of this portion of said street, as here-
in reported and described.
3. That on the day of 1979, Notice of the
presenting of this Application was posted at the Courthouse of the
Circuit Court of the City of Virginia Beach, Virginia, on the pre-
mises to be closed, and at the City Hall Annex, 19th Street and
Artic Avenue, Virginia Beach, Virginia, as evidenced by the Affida-
attached hereto, and a copy of said Notice.
4. That the Petitioner is fee simple owner of all land
along and adjacent to and affected by said portion of the platted
street to be closed and, consequently, your petitioner is the only
landowner affected by the same.
Respectfully submitted,
JACK WELLER
By
Of Couns6l
lBruce B. Mills, Attorney at Law
4145 Virginia Beach Blvd.
;Virginia Beach, Virginia 23452
11/ 26/ 7 9
ORDINANCE APPOINTING VIEWERS
WHEREAS, Jack Weller, has given due and proper notice, in
accordance with the statutes for such cases made and provided that
it will on the day of 1979, applyto the City Council
of the City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below-described property and report in writing
to the Council whether, in the opin-ion of said Viewers, any, and
if any, what inconvenience would result from the discbntinuance of
the hereinafter described portion of that certain street of vari-
able width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert
David M. Grochmal and
Robert J. Scott are hereby
appointed to view the below described property and report in writ-
ing to the Council on or before 1979, whether
in their opinion, any, and if any, what inconvenience would result
in the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia Beach,
,@Virginia, and more particularly described as follows:
ALL THAT certain portion of Lynnhaven Drive
being more particularly bounded and described
as follows:
BEGINNING AT A pipe at the northeast corner
of Vista Circle & LynnhavenDrive which pipe
is the southwest corner of Lot 5, Block 9,
Lynnhaven Shores, recorded in Clerk's Office
of Virginia Beach, Virginia, in Map Book 7,
page 167; thence along the North side of
Lynnhaven Drive north 84* 12 ' 00" eastl5l.60
feet to the soutneast corner of Lot 2 Lynn-
haven Shores; thence south 8@ 55' 26" west
and then 25.85 feet along the prolongation
of the dividing line between Lots 1 and 2,
Block 9, Lynnhaven Shores; thence south 84@
12' 00" west, 116.65 feet along a line para-
llel to the north side of Lynnhaven Drive to
a point; thence along a curve to the right
the radius of which is 25' an arc distance
of 26.94 feet to a point in the east side of
Vista Cir@le aldng a curve to the right the
radius of which is 279.27 feet an arc distance
of 13-43 feet to a pipe the point of beginning.
11/26/79
-52-
REFERENCE IS HEREBY made to that certain survey
entitled "PLAT SHOWING A PORTION OF LYNNHAVEN DRIVE
SHOWING AN AREA OF PROPOSED CLOSURE LOCATED SOUTH
OF PROPERTY OF JACK WELLER LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA SCALE 1" = 20' July 30,
1979, HAROLD C. WARREN, JR., LAND SURVEYOR, CHESA-
PEAKE, VIRGINIA."
11/26/79
-53-
(ITEM II-H.l.d) ITEM #14475
The following appeared in opposition to the proposed Ordinance:
Mr. Ruswell (Gus) Beede
Mrs. Eugenia Hughes
Mrs. Mary W. Baker
Mrs. Anne-Meade Simpson
On motion by Councilman Payne, seconded by Councilman Baum, City Council
voted to APPROVE the following Ordinance to amend and reordain Section
23-12.1 of the Code of the City of Virginia Beach pertaining to Bingo
Games and Raffles to com,nly with State Code changes, effective July 1,
1979: subject to further review by the City Manager: And, further, the
City Attorney is to seek an opinion from the Attorney General regarding
this matter.
Vo ti ng :9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
tlayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 1/ 2 67 9
-54-
All ORDINANCE TO AMEND AND REORDAIN
SECTIOII 23-12.1 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
-@O BINGO GAMES AND RAFFLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-12.1 of the Code of the City of
Virginia Beach is hereby amended and reordained as follows:
Section 23-12.1. Bingo Games and raffles - Permit applications
and fees - annual reports.
a.
Seeh Application for permit shall be
obtained from and be filed with the Chie@@ of Police; and acted
upon by either approval or disapproval by the City Manager,
within sixty (60) days from the date of filing thereof, after a
reasonable investigation has been conducted to determine whether
the applicant is in accordance with the provisions of Chapter
18.2-340.1 thru 18.2-340.12, Code of Virginia (1950), as atqended.
Inaccurate information contained in such application shall be
automatic grounds for refusal or revocation of a permit.
b. An annual report of all receipts and disbursements
shall be filed pursuant to Section 18.2-340.6, Code of Virginia,
as amended, by every organization conducting bingo games and
raffles under this article. Such annual report shall be filed
with the Director of Finance on or before the first day of
November of each calendar year for which a permit has been
issued.
11/ 26/ 7 9
-55-
C. An audit fee of one-half of one percentum on the
first $100,000 of gross receipts and one percentum on gross
receipts over $100,000 which an organization reports pursuant to
Section 18.2-340.7 of the Code of Virginia, as amended, is hereby
authorized. flowever, if an audit has been performed bv a
certified public accountinq firm for the organization and the
form of the report is approved by the Director of Finance, then
an audit fee of 1%, not to exceed $50.00 is hereby authorized.
The public accounting firm shall certify their audit to the
Director of Finance. Any organization which has gross receipts
less than $0@,000, the audit fee is hereby waived.
Adopted by the Council of the City of Virginia Reach on
the 26th day of Noveirber 19 79
JDB/kg/vp
11/0 7/79
11/21/7 9
11/2 7/79
11/2 9/7 9
11/3 0/79
1 2/0 3/7 9
(3)
-2-
11/ 26 7 9
-56-
(ITEM II-H.2.a) ITEM #14477 SECOND READINGS
On motion by Councilman Merrick, secbnded by Councilwoman Henley,
City Council voted to APPROVE ON SECOND READING the following
Ordinance to appropriate funds in the amount of $317,967 for the
State Fuel Assistance Program:
Vo ti ng 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 1 2 67 9
-57-
AN ORDINANCE TO APPROPRIATE
FUNDS FOR THE STATE FUEL
ASSISTANCE PROGRAM
WBEREAS, the Commonwealth of Virginia has initiated a Fuel
Assistance Program to offset the increase in fuel costs for eligible
citizens, and
WHEREAS, the program and administrative cost of this program
will be initially incurred by the City with the State reimbursing the
City for 100% of the cost, and
WBEREAS, the City's Department of Social Services estimates
that a total of $288,160 will be distributed to eligible participants
within the City, and
WBEREAS, the Social Services Department estimates that the
administration of this program will require the hiring for 4-1/2 months
of five eligibility workers, one clerk-typist and one eligibility
worker supervisor at a total cost of $29,807,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That $317,967 be appropriated and seven temporary positions
be allocated to the City's Department of Social Services for the ini-
tial program and administrative cost incurred and that the General
Fund's revenues be increased in an equal amount for the 100% reim-
bursement from the Commonwealth of Virginia.
First Reading November 19, 1979
Second ReadingNovember 26, 1979
Adopted by the Council of the City of Virginia Beach on the
26 day of November 19 7 6
1 1/ 26 7 9
-58-
(ITEM II-H.2.b) ITEM #14478
On motion by Councilman Riggs, seconded by Councilman Baum, City
Council voted to APPROVE ON SECOND READING the.following Ordinance
to appropriate funds in the amount of $420,000 for site acquisition
in the Beach Borough:
Vo ti ng 7 - 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, and Donald W. Merrick
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 I/ 26 7 9
-59-
AN ORDINANCE TO APPROPRIATE $420,000
FOR SITE ACQUISITION IN THE BEACH BOROUGH
WHEREAS, City Council wishes to provide more public parking
in the Beach Borough, and
WHEREAS, a site at 19th Street and Pacific Avenue, formerly
occupied by Fuel Feed and Building Supplies Corp., is available
for the purchase price of-$420,000, and
WHEREAS, this site contains 51,750 sq. ft. or approximately
133 parking spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $420,000
be appropriated from the General Fund Balance for the purpose of
purchasing the site fonnerly occupied by Fuel Feed and Building
Supplies Corp.
Adopted by the Council of the City of Virginia Beach,
Virginia on 26 day of November 19 7 9
First Reading: November 19, 1979
Second Reading: November 26, 1979
D AS,7 C -i C-ilT
-------------
A p iz It'; i7 @-I
SIGIIAT'-',c
CITY ATTO@,NE'
11/26/79
-60-
(ITEM II-H.2.c) ITEM #14479
On motion by Councilman Baum, seconded by Councilman Ferrell, City
Couhcil voted to APPROVF ON SECOND READING the following Ordinance
to appropriate funds in the amount of $17,520 for the removal of
Potter's Sand Fence:
Vot i ng 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1 1/ 2 67 9
-61-
AN ORDINANCE TO APPROPRIATE FUNDS
FOR THE REMOVAL OF POTTER'S SAND
FENCE
WHEREAS, the benefit of Potter's Sand Fence in controlling
beach erosion at the oceanfront between 17th Street and 20th
Street is questionable, and
WHEREAS, the sand fence may be a hazard to swimmers, and
WHEREAS, the most economical proposal for removing the
fence from the water will cost $17,520.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $17,520 be appropriated from
the General Fund Balance to the Department of Public Works for
the purpose of removing Potter's Sand Fence.
Adopted by the Council of the City of Virginia Beach, Virginia
on 26 day of November 19 7 9
First Reading: November 19, 1979
Second Reading: November 26, 1979
11/26/79
-62-
(ITEM II-H.3.a.1) ITEM #14480 FIRST READINGS
On motion by Councilman Riggs, seconded by Mayor Standing, City
Council voted to APPROVE ON FIRST RFADI@4G the following Ordinance
to appropriate funds in the amount of $220,000 for site acquisition
in the Beach Borough for Public Parking:
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, and Donald W. Merrick
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1/ 2 67 9
-63-
AN ORDINANCE TO APPROPRIATE $220,000
FOR SITE ACQUISITION IN THE BEACH BOROUGH
WHEREAS, City Council is aware of the need for more public
parking in the resort area of the City; and,
WHEREAS, a site located at the Northwest intersection of
Pa c if ic Avenue and 18th St reet and f ormerly occupied by the Trailways
Bus Line is available for the purc ha se price of $220 000 ; and,
WHEREAS, the site contains approximately 25,000 square feet
or 70 parking spaces and is suitably located for public parking.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds in the amount of $220,000 be appropriated
from the General Fund Balance for the purpose of purchasing the site at
the Northwest intersection of Pacific Avenue and 18th Street.
AND BE IT FURTHER ORDAINED that the City Manager is hereby
authorized to enter into an Agreement of Sale with the property
owners of the aforementioned property at the stated purchase price.
Adopted by th6 Council of the City of Virginia Beach, Virginia,
on the day of 1979.
FIRST READING: 26 November 1979
SECOND READING:
11/26/79
-64-
(ITEM II-H.3.a.2) ITEM #14482
On motion to Councilman Merrick, seconded by Councilman Riggs, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to provide appropriations to permit the acquisition of protective
shields for the Police Department in the amount of $23,100:
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
1/ 2 67 9
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AN ORDINANCE TO PROVIDE APPROPRIATIONS
TO PERMIT THE ACQUISITION OF PROTECTIVE
SHIELDS FOR THE POLICE DEPARTMENT
WHEREASit is the desire of the City of Virginia Beach to
provide as much protection as is reasonably possibly for its Police
Department; and,
WHEREAS, the Police Department staff has been extensively
experimenting and testing with the use of 6 protective shields
previously authorized and has recommended adding them to the 100
vehicles in the Uniform and SPOT Divisions of that Department; and,
WHEREAS, these shields cost $231 each and necessary
appropriations may be transferred from personnel position vacancies
since July 1, 1979.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That appropriations in the amount of $23,100 in the Police
Department be transferred from the Personnel Accounts to the Capital
Outlay Accounts to permit the acquisition of 100 protective shields.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 9-
FIRST READING: 26 November 1979
SECOND READING:
11/26/79
-66-
(ITEM II-I.1) ITEM #14483 OLD BUSINESS
At the request of the City Attorney, Councilman Merrick made a
motion, seconded by Councilman Ferrell, to RECONSIDER the
a ppl i cation of DeFord , Li mited, for a Chang e of Zoning Dis trict
Classification from R-5 Residential District to R-8 Residential
D i s t r i c t .
Vo ti ng :9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Vice Mayor J. Henry
McCoy, Jr.
City Council voted to RECONSIDER the application of DeFord, Limited
for a Change of Zoning District Classification from R-5 Residential
District to R-8 Residential District.
ITEM #14484
tlayor Standing proclaimed Monday morning, December 24, 1979, as
a LEGAL CITY HOLIDAY., as City Employees, by City Code, are granted
a legal holiday (afternoon), only when December 24 is on a Monday.
ITEM #14485
On motion by Councilman Riggs, seconded by Councilman Ferrell, and
by ACCLAMATION, City Council adjourned at 12 @ MIDNIGH1.
@Tt-h City Clerk L. Stanpi-ng
City of Virginia Beach,
V i r g i n i a
November 26, 1979
h 1 1/ 2 67 9