HomeMy WebLinkAboutJULY 16, 1979
A G E N D A
Virginia Beach City Council
16 July 1979
ITEM I INFORMAL SESSION: 1:00 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. CZO Amendment: Discussion of amendment to
Comprehensive Zoning Ordinance creating an
AG-2 Agricultural District.
2. Encroachment Survey - North Virginia Beach:
Discussion.
3. A. J. Croonenburgh Site: Discussion of request
for a building.
ITEM II FORMAL SESSION: 2.00 p.m.
A. INVOCATION - Reverend William Logon
CoTmunity United Methodist Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of 9 July 1979.
E. RESOLUTIONS/PROCLAMATIONS
1. Proclamation - Lotus Festival Week, July 22 -
July 28, 1979
F. PUBLIC HEARINGS
N 0 T I C E
DUE TO AN ERROR IN ADVERTISING THE PUBLIC HEARTNG FOR
TAXI CAB FARES SCHEDULED FOR FOM4AL SESSION OF CITY
COUNCIL ON JULY 16, 1979, THIS PUBLIC HEARING IS HEREBY
VOID AND WILL BE RESCHEDULED WITH PROPER ADVERTISING AT
A LATER DATE. (August 6, 1979)
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by th, City Council and will be enacted by
one motion in the form listed. There will be no separate
discussion of these items. if discussion is desired, that
item will be removed from the Consent Agenda and considered
separately.
1. Letter from the City Manager recommending approval of
the ordinance to designate certain areas as "unsafe"-.
requiring the posting of signs by the City Manager and
prescribing penalties for violation thereof.
2. Letter from the City Manager recommending approval of
the ordinance to amend and reordain Section 207 of
the Code of the City of Virginia Beach, virqinia, re-
lated to regular meetings generally, when and where
held.
3. Letter from the City Manager recorntnending approval of
aTi @nendinent to the bingo permit issued the Dance Guilci
of Virginia-Virginia Beach Civic Ballet to include one
additional game per week cond@cted at the Holiday Inn
Trav-L-Park.
B. PLANNING ITEMS
1. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the application of Sunstream Park, Inc., for changes
of zoning from R-8 Residential Ditrict, R-4 Residential
District, and AG-1 Agricultural District to PD-H Plan-
ned Development-Housing District on 207.3 acres located
on the east side of Salp-m Road, north of Elbow Road
(Kempsville- and Princess Anne Boroughs).
At the present time, the developer shows only three
housing types; apartment, single-f@ly homes and
townhouses. However, the CZO now requires that four
be shown. It has been recommended tbat the Planning
Co=ission modify the CZO to allow for a minimiim of
three housing options and, therefore, it is recommended
that this mat.ter be deferred until the CZO is modified.
2. Letter from the City Manager transroitting the recom-
mendatio,i of the Planning Commission for approval of
the application of John Hadjikakos for a conditional
iise permit to operate a bicycle rental on a 1.4-acre
parcel located on the east side of Atlantic Avenue,
north of Laskin Road (Virginia Beach Borough).
The sign was posted, btit as of illly 6, 1979, it did
not reflect the City Counci.] meeting date.
3. Letter from the City Manager transmitting the recom-
mendation of the Plannilng Commission for approval of
the application of Ceorge Dragas, Jr., for a conditional
use pemit for a riding aca(lemy and boarding of horses
on a 25-acre parcel. located oi@ tbe north side of Lands-
town Road, east of Salem Road (Princess Anne Borough).
4. Letter from thE, City Manager transmitting the recom-
mendation of the Planning Commis@sion for approval of
the application of Barry H. and Penny R. Pitts for a
conditional us@ permit for an automatic carwash on a
.61-acre parcel located on the south side of Shore
Drive, east of Greetiwell Road (Bayside Borough).
The sign was posted, but as of July 6, 1979, it did
not reflect the City Council meeting date.
5. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the application of William E. Batson and James C.
Nocito for a conditional use permit for mutiole-family
dwellings on a .344-acre parcel located on the north
side of Level Green Boulevard, opposite Drew Drive
(Kc-mpsville Borough).
The sign was posted, but as of Jilly 6, 1979, it did
not reflect tbe City Council ineeting date.
6. Letter from tbe City Manager transmitting the recom-
mendation of the Planning Commission for approval of
tbe application of R. G. and Frances R. Moore for a
conditional use permit for a duplex on a .21-acre
parcel located on the west side of Parks Avenue, north
of 12th Street (Virginia Beach Borough).
7. Letter from the City Manager transmitting the recom-
mendation of the Planning Conimission for aoproval of
the Ordinance to amend and reordain Section 6.3 of the
Subdivision Ordinance of the Code of the City of
Virginia Beach, Virginia by adding a new section.
8. Letter from the City Manager transnitting the recom-
mendation of the Planning Commission for aoproval of
the following Ordinances:
1. The ordinance to amend and reordain the Comprehensive
Zoning C)rdinance by amending Article 4 to establish
an AG-2 AgriCUItLlral District.
2. The Ordinance to ainend and reordain the comprehensive
zoning Ordinance by amending Article 1, Section 102
to establish an AG-2 Agricultural District.
3. The Ordinance to amend and reordain Article 4 of the
Comprehensive Zoning ordinance pertaining to use
regulations.
4. Tbe Ordinance to amend and reordain Article 1,
Section Ill of the Comprehensive Zoning Ordinance
pertaining to definitions.
ORDINANCES
1. General - None
2. Second Reading
1. City Counci.1 is reqtiested to approve on second
reading the ordinance ratifying assessments
against abutting landowners for the improvement
and paving of Spot Lane, Princess Anne Borough,
City of Virginia Beacb, Virginia.
2. City Council is requested to approve on second
reading the Ordinance to accept $2,560,000
from the Department of Housing and Urban Develop-
ment and to appropriate these funds.
3. Appropriations
a. First Readings
1. Letter from the City Manager recommending
approval of the Ordinance to appropriate
$32,500 for security equipment in the various
City Treasurer Offices.
b. Bids - None
C. Grants - None
4, City Code ATnendments - None
J. OLD BUSINESS
1. Appointments to Boards and Commissions
K. NEW BUSINESS
1. Sheila Price representing Sandbridge Civic League will
appear before Council regarding False Cape State Park.
L. ADJOURNPIENT
1. Motior, to adjourn.
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
July 16, 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, July 16, 1979, at 1:00 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Absent
None
ITEM #13967
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 public purpose, or other disposition
of publicly held property. use or d sit on@of
publicly hel ert )
3. Consultation with legal counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the
public body. ( Matters)
On motion by Councilman Holland, seconded by Councilman Payne, City Council voted
to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting 'lay:
None
7/16/79
Council Members Absent:
None
ITEM #13968
Mayor Standing informed the Members of Council that Councilwoman Meyera E.
Oberndorf won the Mayor's Oil Can Derby Race, which is in conjunction with
the Soapbox Derby. This will be third year in a row the City of Virginia
Beach has won the Mayor's Oil Can Derby Race.
COMPREHENSIVE ZONING ORDINANCE ITEM #13969
The City Manager indicated that Robert J. Scott, Planning Director, would discuss
with Council the possibility of creating a new zoning in the Agricultural District,
called AG-2. This is an attempt to try to keep from having large subdivision
developments in the AG-1 area, especially "farmettes", but would continue to
allow the type of development that has occured in the past in the Agricultural
area, basically, along the main roads in the agricultural area.
The Planning Director indicated that a concern for this type of problem began
several months ago. If Council will recall there was a series of amendments
made to the Comprehensive Zoning Ordinance dealing with the Land Management
Criteria, and requiring that those properties, which would need Land Management
Criteria approval, to have a 'Jse Permit before building.
The new AG-2 District would be similar to the AG-1 District. It would change the
AG-1 District in one respect only. It would require a Conditional Use Permit for
the construction of single-family homes or duplexes. It will nlinimize the amount
of property which would need to be rezoned.
The thinking on the part of the Planning Cnmmission is that the most appropriate
property to rezone AG-2 would be that pro,)ert,/ which lies along the major roads
in the southern part of the City, possibly within 600 feet. This would allow, by
right, the continuation of construction of single-family homes or duplexes.
It is important to know that this will come about in two steps:
1. The creation in the text of the AG-2 District.
2. There would be no property rezoned at this tine as the
maps have not been drawn up as yet.
It is the intent of the Planning Commission to have the maps reflect that area which
is approximately 600 feet from major roads be AG-2 District.
ENCROACHMENT SURVEY ITEM #13970
The City Manager indicated Mayor Standing had requested the City Manager to
inventory the nupiber of encroachments at the North End of Virginia Beach, and
come back to Council with recommendations.
The City Manager indicated there are numerous encroachments on the streets at
the North End of Virginia Beach and also on the Beachfront. In order to give
Council an inventory of encroachments at the North End of the Beach, it will
take the City Manager approximately sixty (60) days in which to complete the
full survey.
The City Manager and the Director of Public Works showed slides of some of the
encroachments along the Beachfront.
7/1@6/79
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The City Manager further indicated that Council has several alternatives:
1. Do nothing.
2. To allow the property owner to complete construction
of the encroachment.
3. Permit no new encroachments on the beach.
4. All property owners who have encroached to remove them.
Most of the encroachments that have been constructed were done without getting
building permits, etc.
A. J. CROONESBURGH SITE ITEM #13971
The City Manager indicated discussion on the A. J. Croonesburgh site will be
discussed at the meeting of August 6, 1979, at the request of tir. Croonesburgh's
representative.
POLI'@Y ON ZONING APPLICATIONS ITEtl #13972
Councilman Merrick asked what was Council's policy regarding zoning applications
that have not been properly posted? There are three (3) items on the FORMAL
AGENDA today (July 16, 1979) which have not been properly posted.
The Planning Commission announces at the beginning of their meetings that the
following applications will not be heard because they were not properly posted,
and would then d ef er the a pplicationsfromthi rty (30) to six ty (60) days.
It was Council's concurrence not to hear those planning items which were improperly
posted.
ENERGY CONSERVATION ITEM #13973
Councilman Riggs indicated the City is going to have to do its part with
regards to saving energy, perhaps by setting the City offices' thermostats
to 78 degrees, and in so doing perhaps lighten the dress code by permitting
employes and Council Members to wear shirt and tie, no sports coat, and the
ladies be permitted to wear sundresses.
7/16/79
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FORMAL SESSION
ITEM #13974
Monday, July 16
2:10 p.m.
Council Members Present:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor
Patrick L. Standing
Council Members Absent:
*John A. Baum
INVOCATION was given by the Reverend William Logan, Community United Methodist
Church.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #13975 MINUTES
On motion by Councilman Ferrell, seconded by Councilman Riggs, City Council voted
to APPROVE the minutes of the regular meeting of July 9, 1979, as the minutes had
previously been distributed to Council for their consideration.
Voting: 10-0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
7/16/79
7/16/79
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(ITEM II-E.1 ITEM #13976 PROCLAMATION
Mayor Standing read the following Proclamation proclaining the week of July 22
through July 28, 1979 as LOTUS FESTIVAL WEEK, and presented same to Mrs. Frances
Curtis on behalf of Mrs. Tricia Reed:
P R 0 C L A M A T I 0 N
WHEREAS, the Cape Henry Woman's Club has successfully sponsored a
Lotus Festival annually for the last 21 years; and
@AHEREAS, the purpose of the festival is to increase awareness of the
native American Lotus, Nelumbo Lutea, to encourage its preservation, development
and extended planting; and
WHEREAS, as an example of this promotional effort, the Cape Henry
Woman's Club succeeded in having the American Lotus planted in Osaka, Japan,
for Expo '70, where the lotus continue to develop and enlarge.
NOW, THEREFORE, I, Patrick L. Standing, Mayor of the City of Virginia
Beach, Virginia, do hereby proclaim July 22 through 28, 1979, as:
LOTUS FESTIVAL WEEK
in Virginia Beach, and respectfully urge all citizens to attend the various
functions planned during this festival week.
Patrick L. Stan ng
Mayor
*COUNCILMAN BAUM ENTERED CHAMBERS AT 2:20 p.m.
7/16/79
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ITEM #13977
Mayor Standing requested each Member of Council and all persons in the Council
Chambers to join him in one minute of silent prayer for the two Police Officers
who lost their lives this past weekend, in the fatal helicopter accident.
(ITEM II-F.1) ITEM #13978 PUBLIC HEARINGS
The City Clerk read the following Public Notice:
"Due to an error in advertising, the Public Hearing for Taxi
Cab fares scheduled for FORMAL SESSION of City Council on
July 16, 1979, is hereby void and will be rescheduled with
proper advertising for the Council Meeting of August 6, 1979."
(ITEM II-G.1) ITEM #13979 CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY
THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, LISTED:
AN ORDINANCE TO DESIGNATE CERTAIN
AREAS AS "UNSAFE": REQUIRING THE
POSTING OF SIGNS BY THE CITY
MANAGER AND PRESCRIBING PENALTIES
FOR VIOLATION THEREOF
WHEREAS, to secure and promote the general welfare of the inhabitants
of the City of Virginia Beach and the safety, health, good order, comfort and
convenience of the citizens of the City of Virginia Beach:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following designated public areas are unsafe and the City
Manager shall post such areas with signs in three inch letters which shall be
clearly legible and shall read as follows:
KEEP OUT - UNSAFE AREA
The following areas are so designated:
1) RUDEE INLET JETTIES
Any person who is upon, uses or occupies such designated unsafe area
shall be guilty of a Class IV Misdemeanor.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 _ day of July 1979.
@/16/72
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AN ORDINANCE TO DESIGNATE CERTAIN
AREAS AS "UNSAFE": REQUIRING THE
POSTING OF SIGNS BY THE CITY
MANAGER AND PRESCRIBING PENALTIES
FOR VIOLATION THEREOF
WHEREAS, to secure and promote the general welfare of the inhabitants
of the City of Virginia Beach and the safety, health, good order, comfort and
convenience of the citizens of the City of Virginia Beach:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the following designated public areas are unsafe and the City
Manager shall post such areas with signs in three inch letters which shall be
clearly legible and shall read as follows:
KEEP OUT - UNSAFE AREA
The following areas are so designated:
1) RUDEE INLET JETTIES
Any person who is upon, uses or occupies such designated unsafe
area shall be guilty of a Class IV misdemeanor.
Adopted by the Council of the City of Virginia Beach on the /@c
day of 1979.
JDB:er
7-11-79
1 1 6 7 8
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On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted
to uphold the recommendations of the City Manager and APPROVE the above Ordinance
to designate certain areas as "unsafe"; requiring the posting of signs by the City
Manager and prescribing penalties for violation thereof:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. fienry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-G.2) ITEM #13980
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-7 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATI,'IG
TO REGULAR MEETINGS GENERALLY, WHEN
AND WHERE HELD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Regular meetings of the Council shall be held in the Administration
Building, Municipal Center, Virginia Beach, Virginia, on the first, second
and third Mondays at 1:00 p.m., and on the fourth Monday of each Month at 5:30
p.m., unless such date shall fall upon a legal holiday, in which case the meeting
will be held on the next succeeding day which is not a legal holiday and at the
same hour except as otherwise provided by special resolution of the Council.
However, in July of each year there shall be regular meetings O@@LY on the FIRST
TWO (2) MONDAYS OF THE MONTH.
Adopted by the Council of the Citv of Virginia Beach, Virginia, on the
16 day of 1979
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted
to APPROVE the above Ordinance to amend and reordain Section 2-7 of the Code of
the City of Virginia Beach, Virginia, relating to regular meetings generally, when
and where held.
1/16/72
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-7 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATED
TO REGULAR MEETINGS GENERALLY, WHEN
AND WHERE HELD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Regular meetings of the Council shall be held in the Administration
Building, Municipal Center, Virginia Beach, Virginia, on the first, second
and third Mondays at I p.m. and on the fourth Monday of each month at 5:30
p.m., unless such date shall fall upon a legal holiday, in which case the
meeting will be held on the next succeeding day which is not a holiday and
at the same hour except as otherwise provided by special resolution of the
council. However, in July of each year there shall be regular meetings only
on the first two (2) Monday of the month.
Adopted by the Council of the City of Virginia Beach on the
day of 1979.
JDB:er
7-10-79
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
,Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-G.3) ITEM #13981
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted
to APPROVE the Amendment to the Dance Guild of Virginia/Virginia Beach Civic
Ballet's Bingo Permit to permit them to include one additional game per week con-
ducted at the lioliday Inn Trav-L-Park.
Voting: 11-0
Council Members Voting A,\te:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
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:
None
7/16/79
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ITEM #13982
THE TIAYOR A@INOUNCED THAT SOME TIME AGO (June 18, 1979) COUNCIL DISCUSSED ANn
ESTABLISHED THE POLICY TFIAT PLANNING ITEMS ON THE FORMAL AGENDA RELATING TO
PROPERTIES WHOSE POSTING DID NOT COMPLY WITH POSTING REGULATIONS WOULD NOT
BE HEARD UNTIL PROPER POSTING WAS MADE. THIS POLICY BEING ESTABLISHED,
Councilman Merrick made a motion, seconded by Councilwoman Henley, not to
hear Item II-H.2, 4 or 5, and to DEFER these Items thirty (30) days (August 20,
1979)
Voting: 11-0
Council Members Voting Aye: (for deferral of the above Items)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and @,ayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
CITY COUNCIL VOTED TO DEFER FOR THIRTY (30) DAYS THE FOLLOWING PLANNING ITEMS
AS THEY WERE NOT PROPERLY POSTED:
Item II-H.2 John Hadjikakos
Item 11-H.4 Harry [i. and Penny R. Pitts
Item II-H.5 William E. Batson/James C. Nocito
(ITEM II-H.2)
An Ordinance upon Application of John Hadjikakos for a Conditional Use Permit to
operate a bicycle rental on certain property located on he East side f Atlantic
Avenue, 70 feet North of Laskin Road on property of the Ocean Ranch Motel . Said
parcel contains 1.4 acres. Virginia Beach Borough,
(ITEM II-H.4)
An Ordinance upon Application of Harry H. and Penny R. Pitts for a Conditional Use
Permit for an autonatic carwash on certain property located on the South side of
Shore Drive beginning at a point 150 feet East of Greenwell Road, running a dis-
tance of 178.60 feet along the South side of Shore Drive, running a distance of
150 feet along the Eastern property line, running a distance of 178.60 feet along
the Southern property line and running a distance of 150 feet along the Western
property line. Said parcel contains .61 acre. Bayside Borough.
(ITEM II-H.5)
An Ordinance upon Application of William E. Batson and James C. Nocito for a
Conditional Use Permit for multiple family dwellings on certain proplcty lo-
cated on the North side of Level Green Boulevard at the Northern extremity of
Drew Drive, running a distance of 100 feet along the North side of Level Green
Boulevard, running a distance of 150 feet along the Eastern property line, rur.-
ning a distance of 100 feet along the Northern property line and running a dis-
tance of 150 feet along the Western property line. Said parcel contains .344
acre. Kempsville Borough. 7/16/79
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(ITEM II-H.1) ITEM #13983 PLANNING ITEMS
Mr. H. Calvin Spain, Attornev, represented the applicant
Councilman Ferrell made a motion, seconded by Councilman Riggs, to uphold the
recommen dations of the City Mana ger an d DE FE R theap piication s of Sun stream Par k,
Inc., for Changes of Zoni U from R-8 Residential District, R-4 Residential
District, and AG-1 Agricultural District to PD-H Planned Development-Housing District
until the Planning Commission modifies the Comprehensive Zoning Ordinance to
permit a minimum of three housing types in the PD-H District, instead of the
required four (4) housing types.
Mr. Spain indicated that the application was modified at the interim, and it
was his understanding that the Planning Commission sent this application to
Council with the understanding that it would either be modified or the Ordinance,
itself, would be modified to allow only three (3) housing types.
The Planning Director indicated the original plan as submitted and reviewed by
the Planning Comrnission had three (3) housing types shown on it. The Planning
Commission, as the minutes show, approved it subject to at least four (4) being
shown which is a reiteration of what the Code states at the present time. It
has to have at least four (4) different types of housing shown.
The Planning Commission also said that they would be interested in looking at a
possible modification of the Code to reduce it to at least three (3).
The Planning Director further indicated that late last week, Wednesday or Thursday,
they did receive from the applicant an indication that the plan had been modified
to show four (4) different types of housing, and the fourth type would be a section
of duplex development close to the front, and the Planning Department has a small
drawing showing where the duplexes would be, and also the density statistics to go
with the plan. The reason why this wasn't included was because it was just heard
recently, but it does appear to be acceptable, and it does appear to meet the Code
requirernents in that regard.
Councilwoman Henle,/ asked Mr. Spain if the applicant would be willing to have the
item postponed until August 6, 1979.
Mr. Spain indicated his client would not object to having it deferred until
August 6, 1979.
COUNCILMEN FERRELL AND RIGGS AGREED TO REMOVE THEIR MOTION AND SECOND, RESPECTIVELY.
The persons in opposition indicated they were not against the deferral.
On motion by Councilman Ferrell, seconded by Councilwoman Henley, City Council
voted to DEFER until August 6, 1979, the following Ordinances upon applications
of Sunstream Park, Inc., for Changes of Zoning from R-8 Residential District,
R-4 Residential District, and AG-1 Agricultural District to PD-H Planned Development-
Housing District@
Voting: 11-0
Council Members Voting Aye: (for deferral until August 6, 1979)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice r@ayor J. Henry McCoy, Jr.
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
7/16/79
Council Members Absent:
None
An Ordinance upon Application of Sunstream Park, Inc., for a e of in
District Classification from R-8 Residential District to PD-H Planned Develop-
ment-Housing on certain property located on the East side of Salem Road beginning
at a point 1400 feet more or less North of Elbotq Road, running a distance of
1369.61 feet along the East side of Salem Road, running a distance of 591.05
feet in a Southeasterly direction, running a distance of 260 feet in a Northerly
direction, running a distance of 665.37 feet in a Northwesterly direction,
running a distance of 386.46 feet along the East side of Salem Road, running a
distance of 890 feet in a Southeasterly direction, running a distance of 1725.82
feet in a Northeasterly direction, running a distance of 2151.49 feet in a South-
easterly direction, running a distance of 1289.90 feet in a Southwesterly direction,
running a distance of 896.68 feet in a Westerly direction, running a distance of
1000.61 feet in a Southerly direction, running a distance of 545 feet in a South-
westerly direction, running a distance of 110 feet in a Southerly direction, running
a distance of 150 feet in a Southwesterly direction, running a distance of 990 feet
in a Northwesterly direction, running a distance of 63.79 feet in a Southwesterly
direction, running a distance of 507.67 feet in a Northerly direction and running
a distance of 1570.60 feet in a Westerly direction. Said parcel contains 203.3
acres. Kempsville and Princess Anne Boroughs.
An Ordinance upon Application of Sunstream Park, Inc., for a
District Classification from AG-1 Agricultural District to PD-H Planned Develop-
ment-Housing District on certain property located 3100 feet more or less North-
east of the intersection of Salem Road and Elbow Road, running a distance of
570 feet along the Eastern property line, running a distance of 545 feet along
the Northern property line, running a distance of 230 feet along the Western pro-
perty line and running a distance of 365 feet along the Southern property line.
Said parcel contains 3.8 acres. Kempsville Borough
An Ordinance upon Application of Sunstream Park, Inc., for a Change of Zoning
District Classification from R-4 Residential District to PD-H Planned Develop-
ment-Housing District on certain property located 2700 feet more or less North-
east of the intersection of Salem Road and Elbow Road, running a distance of
150 feet in a Southeasterly direction, running a distance of 120 feet in a
Northerly direction and running a distance of 150 feet in a Southilesterly
direction. Said parcel contains 0.17 acre. Kempsville Borough
ITEM #13984
The City Manager indicated he would like some direction from Council in order
to get the matter regarding modifying the Comprehensive Zoning Ordinance to
allow three (3) types in the PD-@f District, instead of the four (4) now required.
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council voted
to DIRECT the Planning Commission to Modify the Comprehensive Zoning Ordinance
to allow a minimum of three (3) housing types in the PD-H District, instead of
the now required four (4) housing types.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
7/16/79
-12-
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM 11-H.3) ITEM #13985
Mr. James Pickrell, Attorney, represented the applicant
Mr. Grover C. Wright, Jr., Attorney, appeared in opposition. Mr. Wright was
representing the adjacent property owners, Colonel and Mrs. Malanga.
The City Clerk read the following telephone message from Mr. R. C. R. Lupton,
3629 North Landstown Road, who indicated he was in opposition to ONE part of
the George Dragas application:
"Not opposed to the applicant boarding horses; however,
is opposed to the riding academy as recreational events
could go along with that and he doesn't want 50 to 100
people over there on the weekends, as he is a farmer and
farms land across from the applicant's property."
Mr. Pickrell indicated the academy portion of the Use Permit has been @IITHDRAWN.
On motion by Councilman Payne, seconded by Councilman liolland, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of George Dragas, Jr., for a Con-
ditional Use Permit for a riding academy and boarding of horses; with the following
stipula ions.
1. THE RIDING ACADEMY PORTION OF THE APPLICATION HAS
BEEN WITHDRAWN;
2. APPLICANT RE-CORD A VALID WRITTEN AGREEMENT NOT TO
CONSTRUCT A BUILDING WITI]IN ONE HUNDRED FEET (100')
OF THE PROPERTY LINE
AN ORDINANCE UPON APPLICATION OF GEORGE DRAGAS, R0779256
JR., FOR A CONDITIONAL USE PERMIT FOR Boarding
or hiring or horses
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
An Ordinance upon application of George Dragas, Jr., for a Conditional Use Permit
for the boarding or hiring of horses on certain property l@c t d on the North
side of Landstown Road beginning at a point 1630 feet more or less east of Salem
Road, running a distance of 1067.03 feet along the North side of Landstown Road,
running a distance of 1112.65 feet along the Eastern property line, running a
distance of 1021.48 feet along the Northern property line and running a distance
of 1301.30 feet along the Western property line. Said parcel contains 25 acres.
Princess Anne Borough.
Approval is subject to the following conditions in conjunction with the intended
use of the land:
1. Approved for horses for hire or boarding ONLY.
7/16/79
-13-
2. Applicant record a valid written agreement not to
construct a building within one hundred feet (100')
of the property line.
3. Standard improvements as required by the Site Plan
Ordinance.
4. Suitable restroom facilities for patrons should be
provided.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of July 1979
Voting: 7-4
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs,
and Mavor Patrick L. Standing
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, Donald W. Merrick, and
Meyera E. Oberndorf
Council Members Absent:
None
7/16/79
-14-
(ITEM II-H.6) ITEM #13986
Mr. George Ayers represented the applicant
On motion by Councilman Riggs, seconded by Councilman Ferrell, City Council voted
to uphold the recommendations of the Planning Commission and the City tlanager and
APPROVE the following Ordinance upon application of R. G. and Frances R. Moore for
a Conditional Use Permit for a duplex:
AN ORDINANCE (JPON APPLICATION OF R. G. MOORE R0779257
AND FRANCES R. MOORE FOR A CONDITIONAL USE
PERMIT for a duplex
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
An Ordinance upon application of R. G. and Frances R. Moore for a Conditional Lise
Permit for a duplex on certain property located on the West side of Parks Avenue
beginning at a point 55 feet North of 12th Street, running a distance of 75 feet
along the West side of Parks Avenue, running a distance of 125 feet along the
Northern property line, running a distance of 75 feet along the Western property
line and running a distance of 125 feet along the Southern property line. Said
parcel contains .21 acre. Virginia Beach 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.
This Ordinance shall become effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of July 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council tlembers Voting Nay:
,None
Council @lembers Absent:
None
7/16/79
- 15-
(ITEM II-H.7 ITEM #13987
AN ORDINANCE TO AMEND AND REORDAIN SECTION
6.3 OF THE SUBDIVISION ORDINANCE OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
BY ADDING A NEW SECTION
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That a new section be added to Section 6.3 of the Subdivision Ordinance
and shall read as follows:
(r) Each final plat in any Agricultural District shall contain
a statement as follows:
"T,LIIS SUBDIVISION IS LOCATED IN AN AGRICULTURAL DISTRICT
AND MAY BE SUBJECT TO NOISE, DUST, ODOR, CHEMICAL SPRAY-
ING, AND THE LIKE AS THE RESULT OF THE RAISING OF CROPS
AND LIVESTOCK 014 NEARBY PROPERTY."
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 _ day of July -, 1979
On motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council
voted to uphold the recommendations of the Planning Commission and the City Manager
and APPROVE the above Ordinance to amend and reordain Section 6.3 of the Subdivision
Ordinance of the Code of the City of Virginia Beach, Virginia, by adding a new section.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
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:
None
7/16/79
-16-
(ITEM II-H.8.1) ITEM #13988
AN ORDINANCE TO AMEND AND REORDAIN THE
COMPREHENSIVE ZONING ORDINANCE BY AMENDIfiG
ARTICLE 4 TO ESTABLISH AN AG-2 AGRICULTURAL
DISTRICT
BE IT ORDAINED BY THE COLINCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4 of the Comprehensive Zoning Ordinance is amended and re-
ordained by adding the AG-2 District, as follows:
B. AG-2 Agricultural District
410. Legislative Intent
The purpose of the AG-2 Agricultural District is to protect and perserve
agricultural lands for the performance of agricultural functions and to
accornmodate rural residential development.
411. Use Regulations
(a) Principal uses and structures. All of the principal uses and
structures permitted in the AG-1 Agricultural District shall
be permitted in the AG-2 Agricultural District and, in addition,
one family detached dwellings.
(b) Accessory uses and structures. All of the accessory uses and
structures permitted in the AG-1 Agricultural District shall be
permitted in the AG-2 Agricultural District.
(c) Conditional uses and structures. All of the conditional uses
and structures permitted in the AG-1 Agricultural District shall
be permitted in the AG-2 Agricultural District; subject to com-
pliance with the provisions of Part C of Article 2 hereof; provided
further, that the uses and structures permitted thereunder, which
are allowed as principal permitted uses and structures in this
district, shall not require a conditional use permit.
412. Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage
Regulations
Within the AG-2 Agricultural District, the following shall constitute the
lot, yard, and open space requirements:
(a) The minimum lot area shall not be less than one (1) acre. The
minimum lot area for churches shall be three (3) acres. The
minimum lot area for two family detached dwelling shall be two
(2) acres.
(b) The minimum lot width shall not be less than 150 feet.
(c) The minimum front yard setback shall not be less than fifty
(50) feet; provided that where a front yard adjoins a major
street or highway which is designated on the official Trans-
portation Plan, such front yard setback shall not be less than
fifty (50) feet from such street or highway.
(d) The minimum side and rear yard setbacks shall not be less than
twenty (20) feet; provided that where a side or rear yard adjoins
a major street or highwav which is designated on the official
Transportation Plan, such side or rear yard setbacks shall be
not less than fifty (50) feet from such street or highway.
(e) Roadside stands shall be permitted in any yard adjacent to a
street if the same is not less than twenty (20) feet from the
property line.
7/16/79
-18-
Lodging units: at least one (1) space for each lodging unit;
(k) Museums and art galleries: not less than ten (10) spaces and
an additional space for each three hundred (300) square feet
of floor area or fraction thereof in excess of 1,000 square
feet;
(1) (Jses permissible under conditional use permits shall comply with
the off-street parking requirements specified in the conditional
use permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of , 1979.
On motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to
uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the above Ordinance to amend and reordain the Comprehensive Zoning Ordinance
by amending Article 4 to establish an AG-2 Agricultural District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
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:
None
7/16/79
-19-
(ITEM II-H.8.2) ITEM #13989
AN ORDINANCE TO AMEND AND REORDAIN
THE COMPREHENSIVE ZONING ORDINANCE
BY AMENDING ARTICLE 1, SECTION 102
TO ESTABLISH AN AG-2 AGRICULTURAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Comprehensive Zoning Ordinance is amended and reordained by
amending Article 1, Section 102 and by adding the attached AG-2 District,
as follows:
(a) In order to carry out the purposes and provisions of this
Ordinance, the following districts are hereby established:
(2) Agricultural District. The Agricultural District shall
consist of:
AG-1 Agricultural
AG-2
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of , 1979
On motion by Councilman Baum, seconded by Councilman Payne, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager
and APPPOVE the above ordinance to amend and reordain the Comprehesive Zoning
Ordinance by amending Article 1, Section 102 to establish an AG-2 Agricultural
District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr,,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and flayor Patrick L. Standing
@louncil Members Voting Nay:
None
Council Members Absent:
None
7/16/79
- 20-
(ITEM II-H.8.3) ITEM #13990
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4 Agricultural District is amended and reordained as follows:
A. AG-1 Agricultural District
400. Legislative Intent
The purpose of the AG-1 Agricultural District is to protect and
preserve agricultural lands for the performance of agricultural
functions. It is not intended to accommodate large scale resi-
dential development.
401. Use Regulations
Within an AG-1 Agricultural District, only the following uses and
structures shall be permitted:
(a) Principal uses and structures:
(1) Agricultural and horticultural uses, including orchards,
vineyards, nurseries and the raising and grazing of live-
stock and swine and the keeping of bees;
@24 Dwell@Rgs3-eHe-faFR@4y-detached;
(2) @34 Child care education centers in connection with public
or private elementary schools or churches;
(3) @44 Fish hatcheries and fish ponds;
(4) @64 Forests and forestry;
(5) @64 Game preserves;
(6) @74 Public elementary, intermediate and high schools,
colleges and universities; day nurseries in connection
with public or private elementary schools or churches;
(7) @4 Public parks, recreational areas, botanical and zoological
gardens, golf courses, marinas and other public buildings
and uses;
(8) @94 Public utilities installations and substations; provided
offices or storage or maintenance facilities shall not be
permitted; and provided, further, that utilities sub-
stations, other than individual transformers, shall be
surrounded by a wall, solid except for entrances and
exits, or by a fence with a screening hedge five (5) to
six (6) feet in height; and provided also, transformer
vaults for underground utilities and the like shall re-
quire only a landscaped screening hedge, solid except
for access opening;
7/16/79
-21-
(9) k4g4 Wells, water reservoirs and water control structures.
(b) Accessory uses and structures. Uses and structures which are
customarily accessory and clearly incidental and subordinate
to principal uses and structures, including, but not limited
to:
f araily-detaehed l-prey4ded-tha t-ne t-FAere-than -eme- 44
sueh-aecessery-dwe@4 4mg -un4t-shal 4-be-perFR4tted-far
eaeh-twe-@24-aeres-ef-let-areaT
(1) k24 In connection with agricultural use, no more than one
(1) roadside stand for sale of agricultural products
produced on the premises, provided that no such stand
shall exceed five hundred (500) square feet in floor
area nor be erected within twenty (20) feet of the
property line fronting any street.
(c) Conditional uses and structures: Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(1) Airports, heliports, helistops;
(2) Animal hospitals, pounds, shelters, commercial and
residential kennels;
(3) Cemetery, columbarium, crematory, and mausoleum;
(4) Churches;
(5) Drive-in theatres;
(6) Dwellings, one family detached;
(7) k64 Extractive industries, including the removal of sand
and soil;
(8) k74 Family care homes, foster homes or group homes;
(9) (S4 Fraternity and sorority houses, student dormitories and
student centers; provided that the same be located within
a one (1) mile radius of a college or university;
(10) @94 Golf courses, including par 3, with a minimum area of
ten (10) acres, and miniature golf courses;
(11) k4g4 Home occupations, including those conducted outside the
principal structures;
(12) @l;@ Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child
care centers, day nurseries, other than those covered
as permitted principal uses and structures hereinabove,
when not operated by a public agency;
(13) @124 Hospitals and sanitariums;
7/16/79
-2 3-
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the above Ordinance to amend and reordain Article 4 of the Comprehensive
Zoning Ordinance pertaining to use regulations.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice f@,ayor J. Henry McCoy, Jr.,
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:
None
(ITEM II-H.8.4) ITEM #13991
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111, OF THE
COMPREHENSIVE ZONING ORDINANCE PER-
TAINING 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:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of I , 1979
On motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the above Ordinance to amend and reordain Article 1, Section 111, of the
Comprehensive Zoning Ordinance pertaining to definitions.
Voting: 11-0
7/16/79
-24-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
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:
None
(ITEM II-1. ITEM #13992 SECOND READINGS
AN ORDINANCE RATIFYING ASSESSMENTS
AGAINST ABUTTING LANDOWNERS FOR THE
IMPROVEMENT AND PAVING OF SPOT LANE,
PRINCESS ANNE BOROUGH, CITY OF
VIRGI@IIA BEACH, VIRGINIA
WHEREAS, by ordinance adopted on the 16th day of January, 1978, the
improvement and paving of Spot Lane, Princess Anne Borough, City of Virginia Beach,
Virginia, was order and the City f4anager was authorized to apportion the cost
thereof between the City of Virginia Beach and the abutting landowners, as provided
by law; and
WHEREAS, there has been recorded an abstract of the aforesaid ordinance
showing the estimated amount that would be assessed against each landowner; and
WHEREAS, the City Manager has reported to the Council that said improve-
ments have been completed and that he has made assessments apportioning the cost
thereof, as set forth in the statement thereof attached hereto, which appear to be
fair and just and not in excess of the peculiar benefits resulting therefrom to the
abutting landoviners; and
'@ifiEREAS, he has further advised that a public hearing was had pursuant to
notice on the 25th day of May, 1979, of which hearing all abutting landowners were
dLily notified; and
WHEREAS, it is necessary for the usual daily operation of the Department
of Public l@lorks that said assessments be irnmediately approved, an emergency is set
forth and declared to exist.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
7/16/79
-25-
Section 1. That the apportionment and assessment by the City Planager
against the abutting landowners as set forth in the statement thereof attached
hereto and made a part hereof, for the improvement and paving of Spot Lane, Princess
Anne Borough, City of Virginia Beach, Virginia, be, and the same are, tiereby
approved, ratified, and confirmed, the same not being in excess of the peculiar
benefits resulting therefrom to the abutting landowners.
Section 2. That the said amounts assessed against the abutting
landowners shall be payable in four equal semi-annual installments at the time
real estate taxes become due and payable with interest on the unpaid balance
at six per centus (6%) per annum.
Section 3. That the respective estimated amounts assessed against
each abutting landowner, as heretofore recorded, are hereby ratified as the final
amounts assessed against such abutting landowner, as set forth in the aforesaid
statements.
FIRST READING: July 9, 1979
SECOND READING: Jul
This Ordinance shall be effective on August 1, 1979.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 _ day of , 1979.
On motion by Councilman Payne, seconded by Councilman Holland, City Council voted to
APPROVE on SECOND READING the above Ordinance ratifying assessments against abutting
landowners for the improvement and paving of Spot Lane, Princess Anne Borough, City
of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting flay:
None
Council Members Absent:
None
7/16/79
-2 7-
On motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council
voted to APPROVE on SECOND READING the above Ordinance to accept $2,560,000 from
the Department of Housing and Urban Development and to appropriate these funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
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:
None
7/16/79
-28-
(ITEM 11-1.3.a.1) ITEM #13994 FIRST READING
AN ORDINANCE TO APPROPRIATE $32,500
FOR SECURITY EQUIPMENT IN THE VARIOUS
CITY TREASIJRER OFFICES
WHEREAS, it is the desire of the City Council to provide adequate
security for the storage of food stamps at the different offices of the City
Treasurer; and
WHEREAS, the purchase of four Class "E" safes and five burglary
and hold-up alarm systems will provide adequate security as viell as qualify
the City for the necessary insurance coverage; and
WHEREAS, this equipment and accompanying expenses can be purchased
as follows:
4 Class "E" safes at $2,500 each $10,000
5 Burglary and hold-up alarm systems
at $3,500 each 17,500
Contractual services on 5 alarm
systems to maintain UL
certification 1,500
Additional insurance premium -
annual expense 3,500
Total $32,500
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $32,500 be appropriated from the General Fund Balance for
the purpose of purchasing this security equipment.
FIRST READING: July 16, 1979
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of -, 1979.
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted
to APPROVE on FIRST READING the above Ordinance to appropriate $32,500 for
security equipment in the various City Treasurer Offices.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henrv McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
7/16/79
-29-
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
None
(ITEM II-K.1) ITEM #13995 NEW BUSINESS
Ms. Shelia Price, representing the Sandbridge Beach Civic League, Inc., appeared
before Council regarding the False Cape State Park.
Ms. Price indicated that during the June 23, 1979, meeting of the Sandbridge Beach
Civic League, it was requested that she appear before Council requesting Council
to go on record, as it did for the Pungo area, and indicate their opposition to
any major thoroughfare through the Community of Sandbridge.
Ms. Price further indicated in a letter received by Council on July 12, 1979,
she was attaching an article by Dick Klise which is to appear in the next Civic
League newsletter (AugustILetterwill be made a part of the record of these pro-
ceedings).
Strong feelings were expressed by Council as to the cofflents
'M contained in the
letter from the Sandbridge Beach Civic League, and the attached statement froin
Dick Klise.
Councilman Ervin indicated he would like to go on record, publicly, taking the
position that he is against the False Cape Parkway going through the Sandbridge
area.
Councilwoman Henley indicated the article gave her a great deal of concern as she
was heavily indicted by it.
Back in December of 1978, when Council met with the State Legislature, in the
Council Chambers, Councilwoman Henley requested the Legislature when they look
at False Cape remember that however they get there they're going to impact the
area, either Sandbridge or Pungo.
On January 22, 1979, the Council had a Resolution which was in support of the
decision made by the State not to swap the portion of the Refuge for the Park,
and, if Council will recall, the Resolution also contained a portion which said
Council wants to develop the Park, and hopes the State will immediate]ytake
steps to develop it toits utmost potential. At that time, Councilwoman Henley
asked Council to defer action on the Resolution until careful consideration and
study could be given to the impact of the area that would have the access routes,
both Sandbridge and Pungo.
The June 11, 1979 Resolution came as a reaction to the State appointment of the
"Bi-State Committee". The purpose of which is to study the Causeway, not to study
access necessarily to the Park or development of the Park, but to study the Causeway.
Also, there had been a letter written by the Congressional Delegation, essentially,
endorsing the Causeway.
Because Council is so near to adopting the Comprehensive Land Use Plan and because
such a route would be in total opposition to what is in the Plan, her feelings are
that Council could not go ahead and adopt that Plan if we were indeed going to have
a Causeway and major highway through Pungo, and it was on the basis of that, that
Councilwoman Henley asked, on June 4, 1979, if Council could, the following week,
(June 11, 1979) discuss the Causeway Route.
The Resolution was not prepared by Councilwoman Henley, it was prepared by the
staff and came after a Staff briefing on the impact for Pungo as it related to
the overall plan of the City and to the Capital Improvements Programs (CIP).
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Councilwoman Henley further indicated the problem with False Cape is that it has
so many ramifications, it is impossible to come to any easy solution.
A great deal of difficulty the Council is now facing is that Council has four (4)
completely conflicting perspectives in relation to the Park:
1. People in Sandbridge who do not want access through
Sandbridge;
2. Pungo and Knotts Island and the impact it would have
have on those areas;
3. People on the Outer Banks who have pressured their
Congressional Delegates from both Virginia and North
Carolina to get access to those properties;
4. People from the State of Virginia and our citizens
whose tax money purchased the False Cape Park saying
we would like to have more day use of the beach.
Each of the above four (4) positions is in direct conflict with the other three
(3), and it is a very difficult situation and not one Council can react to quickly
or without a great deal of consideration.
The June 11, 1979 action vias a reaction and not something that was instigated by
the City.
The proper thing to do in relation to this would be to ask the Staff to look into
the Sandbridge area and give a similar briefing and similar recommendations on
the impact of Sandbridge, particularly, as it relates to Council's plans with the
Capital Improvements Program (CIP). The City would be treating both areas equally,
only in this instance rather than a reaction it would be an instigation.
Councilwoman Henley indicated she had some problems with the thought that the
State Park is State property, and a State project, and the development of that
Park is going to be by the State, not the City.
It was Councilwoman Henley's understanding that Council would have to look at each
recommendation as it comes from the State, and act on it at that time. Perhaps
Council could, if the City Manager thinks it is proper, look at it from a
briefing standpoint on the impact it would have on the City.
COMPREHENSIVE ZONING ORDINANCE ITEM #13996 MATTERS BY COUNCIL
Councilman Merrick indicated an item came up earlier in this meeting (George
Dragas, Jr.) regarding riding academies and horses for hire, and what the
difference is, and he asked if it would not be better to change Section 234
of the Comprehensive Zoning Ordinance to indicate riding academies, horses
for hire or boarding, and then there would he no argument as to what is
included in that Section.
On motion by Councilman Merrick, seconded by CouncilwotTian Henley, City Council
voted to ask the Planning Commission to consider rewriting Section 234 of the
Comprehensive Zoning Ordinance to include riding academies, horses for hire or
boarding.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
7/16/79
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Council Members Voting Nay:
None
Council Members Absent:
None
ITEM #13997
On motion by Councilman Ervin, seconded by Councilman Payne, City Council voted
UNANIMOUSLY to adjourn. The meeting adjourned at 4:10 P.M-
Sta,,ding
Rbtll Hodges SKith, City Clerk L
City of Virginia Beach,
Virginia
July 16, 1979
h
7/16/79