HomeMy WebLinkAboutFEBRUARY 26, 1979
CITY OF VIRGINII BEACI
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g, CLARENCE A. HOLLAND, M.D., B.y@id@ B.,..gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,.ill, B@,..gh DONALD W. MERRICK, Ly@@h.@,@ B.,..gh
JOHN A@ BAUM, BI.,k..,@, B.,..gh MEYERA E. OBERNDORF, A, L.,g@
F. REID ERVIN, A, L.,g@ 1. CURTIS PAYNE, P,i.,@,, A@@@ Bo,..gh
GEORGE R. FERRELL, A, L.,g, ROGER L. RIGGS, Vigi@i. B@.,b B.,@.gh
BARBARA Al. HENLEY, P.@g@ B.,@.gh RTJTH HODGES SMITH, Cily Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: MONDAY, 26 FEBRUARY 1979 - 5:30 p.m.
A. CALL TO ORDER - MAYOR PA@RICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS TO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Cape Coral, Florida, Desalinization Plant:
Presentation by Councilman Donald W. Merrick
2. Disposal of City Property: Discussion of cur-
rent and proposed procedures. Current status
of the Francis Land House (Rose Hall) properties
prompts this discussion.
3. Tidewater Children's Foundation: Discussion of
a request for exemption from tax penalty.
4. Famettes: Discussion of formal agenda item H.l.j.
Amendments to CZO Article 1, Section 111 and
Article 4, Section 401, pertaining to Land
Management Dwelling Groups.
5. Sailboat Rentals in the Resort Area: Discussion
of current policy requested by Vice-Mayor J.
Henry McCoy, Jr.
ITEM II FORMAL SESSION: MONDAY, 26 FEBRUARY 1979 - 7:00 P.M.
A. INVOCATION - Elder Walter H. Hick, Patriarch, Church of
Jesus Christ of Latter Day Saints.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MTNUTES OF REGULAR PREVIOUS MEETINGS
1. Motion to accept/approve the Minutes of 5 February 1979
2. Motion to accept/approve the Minutes of 12 February 1979
E. RESOLUTTONS - NONE
F. PUBLIC HEARING - NONE
G. CONSENT AGENDA
(All matters listed under the Consent Agenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separate 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 that City Council
adopt the Resolution authorizing settlement of claim of
damage to Pungo Ferry Bridge Syatem by Tug Captain Tuck.
2. Letter from tbe City Manager recommending appointment of
viewers in the @tter of the petition of Jack Weller for
the closure of a portion of Vista Circle (Lynnhaven Borough).
3. Letter from the City Manager recommending approval of the
following Bingo and/or Raffle Permits:
Bingo Virginia Beach,Civic Ballet -
Renewal
Bingo marching Cavaliers Parents'
Association - Renewal
Raffle Seatack V.F.D. Community Center
Bingo Green Run Little League - Renewal
4. Letter from the City Manager recommending approval of the
the request of Mr. John T. Atkinson, City Treasurer, for
tax refunds in the amount of $6,909.34.
H. PLANNING ITEMS
1. PECOMMENDATIONS
a. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the application of Raymond and Melinda Kauffman for a
change of zoning from AG-1 Agricultural District to
I-1 Light Industrial District on a 1.1-acre parcel
located on the west side of North Landing Road, north
of North Landing Bridge (Princess Anne Borough).
b. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for denial of the
application of R and R Corporation for a change of zoning
from R-5 Residential District to B-2 Community-Business
District on a 28.57-acre parcel located on the south
side of Princess Anne Road, east of Providence Road
(Kempsville Borough).
C. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the application of W. W. Rose for a change of zoning
from R-8 Residential District to B-4 Resort-Commercial
District on a one-acre parcel located on the west side
of Dupont Circle, north of shore Drive (Bayside Borough).
d. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for denial of the
application of Structures of Virginia for a change of
zoning from R-5 Residential District to A-2 Apartment
District on a 15-acre parcel located on the south side
of Old Donation Parkway, west of First Colonial Road
(Lynnhaven Borough).
e. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the application of The Bailey Wick Company, A General
Partnership, for a change of zoning from A-1 Apartment
District to A-2 Apartment District on a .699-acre parcel
located on the south side of Old Virginia Beach Road,
east of West Lane (Lynnhaven Borough).
f. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the application of The Christian Teaching Center, Inc.,
for a conditional use permit for a church on a 3.8-acre
parcel located on the north side of Virginia Beach Boule-
vard, west of Hutton Lane (Lynnhaven Borough).
g. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the application of Exxon Corporation for a conditional
use permit for an automobile service station on a .70
acre parcel located at the northeast corner of Indian
River Road and Strickland Boulevard (Kempsville Borough)
h. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the application of Frank T. Williams for a conditional
use permit for ten mobile homes on a 2.29-acre parcel
located on the north side of Munden Road, east of Morris
Neck Road (Pungo Borough).
i. Letter from the City Manager transmitting the ,recom-
mendation of the Planning Commission for approval of
An Ordinance to amend and reordain Article 2, Section
216, of the Comprehensive Zoning Ordinance of the City
of Virginia Beach relating to outdoor advertising struc-
tures, billboards, signboards and poster panels, by
adding Indian River Road to those streets having special
sign restructions.
j. Letter from the City Manager transmitting the recom-
mendation of the Planning Commission for approval of
the following ordinances:
1. An ordinance to amend and reordain Article 1, Section
111 of the Comprehensive Zoning ordinance pertaining
to definitions.
2. An ordinance to amend and reordain Article 4 of the
Comprehensive zoning Ordinance pertaining to use
regulations.
k. Letter from the City Manager transmitting the recommendation
of the Planning Commission for approval of the petition of
Henry A. Shook and Phyllis S. Shook for the closure of a
portion of Hill Road (Lynnhaven Borough). This matter was
deferred for one week on February 5, 1979, and for two weeks
on February 12, 1979.
ORDINANCE
1. GRANTS
a. Letter from the City Manager recomillending
approval, on first reading, of an Ordinance
to accept a Grant totaling $21,693 froin the
Division of Justice and Crime Prevention and
to appropriate these funds.
2. SECOND READINGS
a. City Council is requested to approve on
second reading an Ordinance to transfer
appropriaations within the Coniprehensive
Substance Abuse Programs.
b. City Council is requested to approve on
second reading an Ordinance to appropriate
additional funds for the Virginia Alcohol
Safety Action Program (VASAP) in Virginia
Beach.
c. City Council is requested to approve on
second reading an Ordinance to aniend and
reordain Section 33-2.1 of the Code of
City of Virginia Beach, Virginia, pertaining
to real estate tax exeniption for certain
elderly and handicapped persons.
3. APPROPRIATIONS - NONE
4. CITY CODE AMENDMENTS - NONE
J. ADDITIONAL ACTION ITEMS
a. Letter from the City Manager reconiiriending that
City Council accept the low bid of Century Concrete
Services, Inc., in the aniount of $111,149-00 for
the Rose Hall-Francis Land House site iniproveltients,
and authorize the City Manager to enter into the
necessary agreements for the implementation of this
project. Funds are available.
b. Letter from the City Manager recomniending approval
of an Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Independence
Boulevard.
c. Letter from the City Manager recommending approval
of an Ordinance to authorize a tel'nporary encroachnient
into a portion of the right-of-way of Hillview Boule-
vard.
d. Letter froni the City Manager reconmiending approval
of an Ordinance to allocate a pernianent position for
the Comniunity Developriient Grant Program (Comiunity
Developrrient Research Analyst).
K. OLD BUSINESS
L. NEW BUSINESS
a. Request of Mrs. Ruth L. Whitehurst, 5329
Morris Neck Road, for a free-standing
itiobile honie.
M. ADJOURNMENT
a. Motion to adjourn
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
February 26, 1979
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Vice Mayor J. Henry McCoy, Jr.,
presiding in the absence of Mayor Patrick L. Standing, in the
Conference Room, in the Administration Building, on Monday,
February 26, 1979, at 5:30 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, and Roger L. Riggs
Council Members Absent:
Clarence A. Holland, and Mayor Patrick L. Standing
INFORMAL SESSION ITEM #13338
Acting Mayor McCoy 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. Investing of public funds where competition or
bargaining are involved where, if made public
initially, the financial interest of the govern-
ing unit would be adversely affected. (Financial
Matters).
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. (Legal Matters).
- 2-
On motion by Councilman Ferrell , seconded by Councilman Baum, City
Council voted to proceed into EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell ,
Barbara M. Henley, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, and Mayor Patrick L. Standing
- 3 -
ITEM #13339
Acting Mayor McCoy inquired as to how many Council Members would be
participating in the three day Basketball Tournament with the
Department of Parks and Recreation on Friday, March 9, 1979.
ITEM #13340
Councilwoman Oberndorf requested the City Manager advertise the
Ordinance regarding Dunes simultaneously with the Hearing for
the Planning Commission in order to hear it one week after their
Hearing of March 15, 1979. (Will be heard by Council on March 19,
1979.)
ITEM #13341
Councilman Ervin indicated that a young man from North Virginia Beach,
who I believed talked to the City Manager concerning the composition
of an Ordinance regarding parking fees, has involved himself in quite
a bit of research and as a result delivered to me a report.
Mr. Ervin requested the City Manager and City Attorney to review this
study to determine if it was feasible for the City of Virginia Beach
and report back to Council before the summer season begins.
ITEM #13342
Councilman Ferrell indicated that the applicants for Willis Realty
Application would like to have a Re-hearing. Mr. Ferrell noted that
he would make a motion it be reheard before the Planning Commission
in the FORMAL SESSION.
ITEM #13343
Councilman Riggs inquired as to the feasibility of a waiting period
of three years, instead of one year, before a person owning a piece
of property could come back for development before the City Council
when the zoning was denied. Mr. Riggs noted it would give more
protection to the neighborhood from the continual harassment of a
person coming back every year for a rezoning. He noted it could be
referred to the Planning Commission for study and if favorable, could
be in cl uded in next year's Leg is l at i ve Packa ge to change the State
requirement.
ITEM #13344
Councilman Merrick made a presentation on the Desalination Project in
Cape Coral, Florida. He presented to the Council Members a copy of
the reports along with a color photograph of the exterior and grounds
of the Cape Coral Plant. He provided photographs of the interior of
the plant and equipment. Mr. Merrick explained the report and his
concern for the City of Virginia Beach in relation to the Cape Coral
Project. A copy of the report will be on file in the City Clerk's
Office for reference.
- 4-
ITEM #1 3345 (a
Mr. Hanbury informed City Council that there is 35 acres of excess
property which can be sold in the Rose Hall area. He noted that
he has five signed commitments for the purchase of 1 to 5 acres
totaling $350,000. Mr. Hanbury made a map presentation of those
parcels for sale, and noted that he would bring this before City
Council on March 5, 1979 for a formal vote on declaring these
parcels surplus and providing for the sale.
ITEM #13345(b)
Mr. Hanbury indicated that the Tidewater Children's Foundation noted
that due to confusion they inadvertently omitted paying their taxes
and were requesting City Council to allow them to be exempt from the
$1,000 tax penalty and interest imposed on them for the past three
years. Mr. Hanbury noted he would bring this before Council on
March 5, 1979 with a written report for formal action.
ITEM #13346
Dr. Crawford, Director of the Department of Public Health, made a
presentation regarding Farmettes. He noted that between 1974 and
1976, essentially south of Virginia Beach Boulevard, we had a
moratorium on any building on septic tanks with poorly drained
soil, with the exception of Pungo Ridge. In 1976, City Council
enacted seven articles, some Ordinance changes and certain in-house
procedural changes which would allow the development for the drainage
soil of three acres or better. The rationale behind this was, in this
area of poorly drained soil, if we achieve adequate on-site, off-site
drainage, that with low density and a high volution factor plan the
opportunity or change or failure during the inclimate months of
January through March that this would not become a public problem.
It might be a local problem. This was designed for relief of the
rural areas for the large land owners to subdivide a small portion
of their land. It was felt this would be a widely used method of
subdividing and developing in the southern parts of the City feeling
that the expense in achieving the adequate on-site, off-site drainage
would be prohibited.
Councilman Baum noted that if this Ordinance was adopted it would
still allow development along the existing highways. In the past,
if a person had poor soil he could not get "even one septic tank".
He noted the septic tanks do not work very well at this time of
year, but at the same time, because of the volution factor with all
the water running off, the count will be very small.
Dr. Crawford noted that at the present time there is a committee working
on the redrafting of the existing State sewerage drainage. This is being
written in as an addendum. It will first go to Public Hearing throughout
the State, and will be submitted to the Board of Health for approval.
- 5-
ITEM #13347
Acting Mayor McCoy noted that a citizen had contacted him requesting
permission to put sail boats over on the oceanfront- It is a City
policy, but not an Ordinance prohibiting the sail boats being put-
over on the oceanfront.
Mr. Hanbury indicated to Council that at the present time, it is not
a violation to rent sail boats, but the City does not allow them on
the oceanfront.
ITEM #13348
Councilman Merrick indicated that he went to the Redwood Civic League
at the same time Mr. Jahn Summs was presenting Middle Plantation. In
the agreement for Middle Plantation, it was indicated that in lieu of
funding an escrow account or delivering a bond or letter of credit to
the City of Virginia Beach, a demand note was personally endorsed on
March 10, 1978.
Mr. Hanbury stated that this is a personal note or surety of a personal
nature that the City Attorney reviewed to determine if the City would
be protected. It is not absolutely essential to go with a bond as long
as any type of surety is protecting the City.
- 6-
FORMAL SESSION
Monday, February 26, 1979
7 :1 8 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, and Roger
L. Riggs
Council Members Absent:
Mayor Patrick L. Standing
INVOCATION was given by Elder Walter H. Hicks, Patriarch, Church of
Jesus Christ of Latter Day Saints.
PLEDGE OF ALLEGIANCE
- 7-
(ITEM II-D.1) ITEM #13349(a) M IN UTES
On motion by Councilwoman Oberndorf, seconded by Councilman Baum, CitY
Council voted to APPROVE the Minutes of the Regular Meeting of February 5,
1979, as the Minutes had previously been distributed to Council for their
consideration.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell ,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 8-
(ITEM II-D.2) ITEM #13349(b)
On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council voted to APPROVE the Minutes of the Regular Meeting of
February 12, 1979, as the Minutes had previously been distributed to
Council for their consideration.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 9-
(ITEM II-G.1) ITEM #13350 CONSENT AGENDA
On motion by Councilman Payne, seconded by Councilman Merrick, City
Council voted to ADOPT a Resolution authorizing settlement of claim
of damage to Pungo Bridge System by Tug Captain Tuck, in the amount
of $5,800. This is the 1974 claim.
Vot ing: I 0- 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
-10-
RESOLUTION AUTHORIZING SETTLEMENT OF CLAIM
OF DAMAGE TO PUNGO FERRY BRIDGE SYSTEM BY
TUG CAPTAIN TUCK
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 Twenty-Sixth day of uar , 1979.
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach has a claim for damages
to the Pungo Ferry System due to the alleged negligence of the tug
Captain Tuck striking said system on or about August 24, 1974; and,
WHEREAS, the owners of the tug Captain Tuck and the insurance
company for said tug have made a firm offer of settlement of the City's
claim for damages; and,
WHEREAS, the City Attorney has recommended that said settlement
is in the best interests of the City of Virginia Beach.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the settlement offer of the tug Captain Tuck is hereby
accepted; and,
BE IT FURTHER RESOLVED that the City Attorney is hereby
authorized to make or cause to be made on behalf of the City of Virginia
Beach all acts necessary to enable the City to secure the settlement of
the above referenced claim.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of February, 1979.
-11-
(ITEM II-G.2) ITEM #13351
On motion by Councilman Payne, seconded by Councilman Merrick, City
Council voted to ADOPT the Ordinance appointing viewers in the petition
of Jack Weller for the closure of a portion of Vista Circle, in the
Lynnhaven Borough.
Voting: I 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
1 2-
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF P E T I T I 0 N
VISTA CIRCLE
TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Petitioner, Jack Weller, respectfully represents:
1. That pursuant to the provisions of Section 15.1-364 of the
Code of Virginia, 1950, as amended, the said petitioner applies
for the vacating, closing and discontinuing of a portion of a
certain road situate in the Borough of Lynnhaven, City of Virginia
Beach, Virginia, and described as follows:
ALL THAT certain portion of Vista Circle as appears
on the plat of Lynnhaven Shores (Map Book 7, Page
167) and being more particularly bounded and described
as follows:
BEGINNING at a point on the dividing line between Lots
3 and 4, Block 9, Lynnhaven Shores, at a point north
105.43 feet from the northeast corner of Vista Circle
and Lynnhaven Drive. Thence along the east side of
Vista Circle along the curve to the right, the radius of
which is 475 feet, a distance of 59.70 feet to a point.
Thence along a curve to the right, the radius of which is
440 feet, a distance of 77.51 feet to a point. Thence
along a curve to the left, the radius of which is 60
feet, 98.18 feet to the point of beginning.
REFERENCE is hereby made to that certain survey entitled,
"PLAT SHOWING PORTION OF VISTA CIRCLE TO BE CLOSED FOR
JACK WELLER LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 50' December 21, 1978 Harold C. Warren, Jr.
Land Surveyor Chesapeake, Virginia."
2. That no inconvenience will result to any person by reason of the
said closing, vacating and discontinuing of this portion of said road,
and petitioner prays that this Honorable Council appoint Viewers as
provided by the aforesaid statute to view the portion of the said
road to be closed and report in writing to this Council on or
before 1 1979, whether, in the opinion of the
said Viewers, any, and if any, what inconvenience would result from
the discontinuing of this portion of said road.
- 1 3-
3. That on the Tenth day of uar , 1979, notices of the
presenting of this application was posted at the Courthouse of the
Circuit Court of the City of Virginia Beach, Virginia, and at two
other public places within the said City, as evidenced by the
affidavid attached hereto.
Respectfully submitted,
JACK WELLER
By
- 1 4-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Jack Weller, the petitioner, has given due and
proper notice, in accordance with the Statutes for such cases made
and provided, that he would on this day 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 inconvenience
would result, and if any, what inconvenience would result from the
discontinuing of the hereinafter described portion of Vista Circle
in the Lynnhaven Borough of the City of Virginia Beach, Virginia,
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
Robert J. Scott
are hereby appointed to view the below-described property and report
in writing to the Council on or before , whether in
their opinion any, and if any, what inconvenience would result from
the discontinuing, closing and vacating of that certain portion of
Vista Circle, located in the Borough of Lynnhaven, City of Virginia
Virginia, and described as follows:
ALL THAT certain portion of Vista Circle as appears
on the plat of Lynnhaven Shores (Map Book 7, Page
167) and being more particularly bounded and described
as follows:
BEGINNING at a point on the dividing line between Lots
3 and 4, Block 9, Lynnhaven Shores, at a point north
105-43 feet from the northeast corner of Vista Circle
and Lynnhaven Drive. Thence along the east side of
Vista Circle along the curve to the right, the radius of
which is 475 feet, a distance of 59.70 feet to a point.
Thence along a curve to the right, the radius of which is
440 feet, a distance of 77.51 feet to a point. Thence
along a curve to the left, the radius of which is 60
feet, 98.18 feet to the point of beginning.
REFERENCE is hereby made to that certain survey entitled,
"PLAT SHOWING PORTION OF VISTA CIRCLE TO BE CLOSED FOR
JACK WELLER LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 50' December 21, 1978 Harold C. Warren, Jr.
Land Surveyor Chesapeake, Virginia."
- 1 5-
(ITEM II-G.3) ITEM #13352
Bingo Virginia Beach Civic Ballet (renewal)
Bingo Marching Cavaliers Parent's
Association (renewal)
Raffle Seatack V.F.D. Community Center
Bingo Green Run Little League (renewal)
On motion by Councilman Payne, seconded by Councilman Merrick, City
Council voted to APPROVE the Bingo/Raffle Permits.
Voting: I 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 1 6-
(ITEM II-G.4) ITEM #13353
On motion by Councilman Payne, seconded by Councilman Merrick, City
Council voted to APPROVE the tax refunds in the amount of $6,909-34.
Vot ing: 1 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
1 7 -
AN ORDINANCE AUTHORIZING TAX REFUNDS Date 2-15-79 pps
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of
the Treasurer are hereby approved: 1527.17
To--aling $
TAX TYPE TICKET EXONER- DATE
NAME YEAE OF TM NUMBER TION NO -AID PENALTY INT. TOTAL
,Vilkinson, Virginia 79 CD 31191 1-18-79 15.00
McNeal, Dorris W. 79 CD 34993 1-18-79 15.00
"Hempbill, Alma J. 79 CD 37706 1-19-79 15.00
-Young, Jeffrey L. 7' CD 42347 1-23-79 15.00
Ell@;,ot, Mable R. 79 CD 101107 15.00
,Arredondo, Roy 79 CD 104672 1-8-7@ 15.00
,,Rogers, Carole P. 79 CD 28118 1-11-79 15.00
-'Zimmerly, Jobn P. 79 CD 91672 1-29-79 15.00
.,S. Lenox 79 Do., 19133 1-10-79 5.00
@James Moore 79 Dog 00257 1-2-7@ 5.00
,'Emigrant Savings Bant 79 u@@ 6620-@ 1/2 11-17-78 43.89
,,Emigrant Savings Bani 79 RE 30504-Z 1/2 11-17-78 19.56
"'Colonial Group Inc 79 RE 29562-! 1/2 11-14-78 64.08
Great Neck VillageAsi .79 RE 26884-, 1/2 Ii!-30-78 763.85
Rodney T. Mason 79 CD 44777 2-2-79 15.00
,,Arc Electric Incorp 79 CD 50808 1-26-79 15.00
-Thomas P. Scott 79 CD 94962 2-2-7@ 15.00
,,Emilv A. Langhorne 79 CD 35906 1-23-79 15.00
/Patricia M. Womeldor 79 CD 43355 1-24-79 15.00
,,Robert A Hudgins 79 CD 39500 1-23-79 15.00
@Johnie M. Sanders 79 c,- 94424 1-31-79 15.00
Cedric M Jobnson 79 CD 95539 2-2-7) 15.00
,-Geraldine L. Knox 79 CD 85107 1-11-79 15.00
-Brenda J. Casper 79 CD 63067 2-1-79 @15.00
,James R. & M. Mellari 79 CD 20295 1-10-79 15,00
@Philip Muldez 79 CD 89215 1-23-79 15.00
-Ramon E. B@l.echer 79 CD 113875 1-18-79 15.00
Janie M. O'Neill 79 CD 39735 1-19-79 15.00
Va. Turf Management 79 CD 27101 1-3-7) 15.00
.,,'Gerri L. Foster 79 CD 118031 1-23-79 15.00
@Bickly, Betty L. 78 pp 7624 6-1-73 38.46
@ Carol W. Bishop 78 pp 97868 11-16-78 49,00
The Bank Of New York 79 RE 7963-6 11-5-78 20.83
- @.olines, Edward G. 78 pp 115242 12 5- 8 99.90
,-Barnes, William C 78 pp 5143 1-31- 9 48.60
, Lindsay, William H. 79 CD 103926 1-4-7 7.50
z Carlton B. Taylor 79 Cli 143703 1.50
The above abatement(s) total.inf,
$1 5 2 7 - 1 7 were approved by
the Council of tlie Ci-ty of Virginia
P,eacl), on the 26 cl@,,y f Febru@.
i-UE.,F-li.-Sm- i-tll-C i-t-y--C I
2 2 6 / 7 9
tor'ne,
-1 8-
AN ORDINANCE AUTHORIZING TAX REFUNDS Date 2-15-79 Dpb-
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of
the Treasurer are hereby approved:
$108 9 EMC
Totaling
TAX TYP TICKET EXONER- DATE
NAME YEAP OF TAX NU,14BER TION NO PAID PENALTY INT. ITOTAL
Pasqualiiio, Philip P. 78 pp 71038 8-17--,8 57.85
Rodgers, H & V. 16 RE 51500-' 2/2 2-5-7(@ 16.92
Gregory, Nelson L. 79 RE 2/347-. 1/2 11-14-78 21.60
Virginia Nat'l Bank 16 RE 29666- 1/2 6-4-7( 21.75
Tiedei.qann, H J. Jr 79 RE 67883 1/2 10-30-75 20.00
Rodgers, H & V 79 RE 57646-1 1/2 11-9-'18 10.00
New York Bank /Saviii,s79 RE 55035-! 1/2 11-5-'8 14.26
Nocito, James C /9 RE 49603-i 1/2 12-5- 8 124.80
Kellani, RB & RW i9 RE 36687 1/2 12-5-'8 110.00
Albero.Carl M & CaroL 19 RE 669-1 1/2 10-18 78 28.00
Myers, C Sr. 79 RE 48603 1/2 12-5-'@8 49.77
Haiiley, Joba L. 18 pp 116891 10-25-78 45.90
Bai-ik Of Va. Eastern 78 PP 4504 6-1-7i 138.48
Barik Of Va. Mort. Co. 78 RE 38991-i 1/2 12-9-'@ 26.68
Baiik Of Va. Mort. Co. 78 RE 38991-@ 2/2 5-25-'18 26.68
Bank Of Va. Mort Co. 77 RE 31840-i (6 mo) 6-10-' i 27.60
Caiueron & Brown Co. '19 RE 44085-: 1/2 11-4- 8 12.00
@@erw@.nger, Elene F. 79 CD 18231 1-8-7 15.00
Christian BRDCST NTW 79 CD 47132 2-1-7 15.00
Charles Dawes Lake '19 CD 57463 2-6-7 15.00
Mildred C. Garcin 79 CD 126882 1-15- 9 15.00
Linda Ditchburn 79 CD 46087 1-29- 9 15.00
HarLld E. Dozier 79 CD 87807 1-18- 9 15.00
Lisa M. Behnke 79 CD 28094 1-12- 9 1.15.00
Edward Eck & M. Arms 79 CD 27054 1-12-@,9 15.00
Henry W. Sheurs 79 CD 95202 2-2-71 15.00
Marilyii C. Jackson 79 CD 40396 1-9-71 15.00
Antbony Thomas 79 CD 63421 2-5-71 15.00
Chou Vang -/9 CD 96077 2-6-7q 15.00
Michael R. Lucas 19 CD 46192 1-30- 9 15.00
Murdens Appliances 79 CD 94791 2-1-7 15.00
Creech Developinent CD 79 CD 93176 1-31- 9 15.00
Dale R Raper 79 CD 92961 2-1-7 15.00
Dale R. Raper '/9 CD 92968 2-1-7 15.00
William T. Perry Jr. 79 CD 52883 1-30- 9 15.00
Orry S. Nottingham 79 CD 19932 1-12- 9 15.00
Orry S. Nottingham 79 CD 19933 1-1' 15.00
Frances Shaw 79 CD 39569 1-2@ 15.00
Hazelbaker, Doreen Al. 79 CD 32365 15,00
The above abatement(s) totali-ng
$1082.29 were approved by
the Council of the City of Virginia
Beach on the 26-- (lay of February
goil, Treasurer
AI)proved #s to form:
Ruth H. Smith, City Clerk
5aL
2 / 2 6/ 7 9 lfqlp'Ftimqon rit-v Ar@orne.@
-1 9- EMC
AN OiCi)l(!At,:CL' IU'l
Dat(-' 711
O'@ CEPT,\r.@l
III'D UION of.. 'fitr
FO@@' I'AYt,LE@!T
l@y 'file cou"TC-LL O@ 'I:E@ CR.TY OF VIFGlt,'T-A-
t- r tax rc,@cl--cls I!po-- Cf-rtj--@icalic),L c,@ the
hit t@nf+/- fOl.lC)-,4-illl,, ipplica-io L
Tre-s,,:rer are hereby
$1, 133. 14
'f 0 t:a.Li-'n - $
'Y,,\X TYPF. TICKET E X 0 1)
YF@t', C)F TA-'K "'o. P!TD 11 F,,'.'
_kL7,- It'll.
Kesler Ethel R. 1979 RE 37253-2 1/2) 12/5/78 28.82
p
Collier, Hazel V. 1978 RE 13609-5 1/2) 12/1/77 34.80
Fieshman, G. J. 1978 RE 21738-2 1/2) 11/28177 .44
Fieshman, G. J. 1918 RE 21738-2 2/2) 11/28/7-7 ..44
Fieshman, G. J. 1978 RE 21733-7 1/2) - 1.1/28/77 33.50
Fleshman, G. J. 1978 RE 21733-7 2/2) 11/28/77 33.50
Fleshman, C..J. 1976 RE 20243-4 1/2) 6/10/76 .44
Fieshman, G J. 1976 RE 20243 42/2) 6110776 .44
Fleshman, G. J. 1976 'RE 20237-2 1/2) 6/10/76 66,.99
Fieshman, C. J. '1976 RE 20237-2 2/2) 6/10/76 66.99.
Fieshman, G. J. 1976 RE 20238-2 1/2) 6/10/76 -.53-.50
.Eleshman, I-G. J. 1976 RE 20238-2 2/2) -6/10/76 33.-50
-66.99
Pleshman, G. J. 1978 RE 21732-8 1/2) 11/28/77
Fieshman, G. J. 1578 R-E 21732-8 2/2) 11/28/77 66.919
North Bay Dev. Co. 1975 -RE 42778-2 1/2) 6/6/75 @24..75
14otth Bay Dev. Co. 1975 RE. 42779-1 1/2) 6/6/75 27.06
Noith Bay Dev. Co. 1975 RE 42772-8 1/2) 6/6/75 27.,00-
North Bay Dev. Co. 1975 RE 42774-6 1/2) 6/6/75 22.50
North Bay Dev. Co. 1975 RE 42775-5 1-/-2) 6/6/75 22.50
North Bay Deii. Co. 1975 RE 42789-9 1/2) 6/6/75 27.00
North Bay Dev. Co. 1975 RE 42788-0 1/2) 6/6/75 24.75
North Bay Dev. Co. 1975 RE 42784-4 1/2@ 6/6/75 24.7-5
Diamond Springs Inv 1974 RE 14692-5 1/2) 6/14/74 24-.0.0
.Diamond Springs Inv 1974 RE 14692-5 2/2) 11/27/74 .24.00
Diamond Springs Inv 1975 RE 15702-9 1/2) 6/9/75 22.50
Diamond Springs Inv 1975 RE 15702-9 2/2) 12/1/75 22.50
Diamond Springs Inv 1976 RE 16259-3 1/2) 5/24/76 21.75
Diamopd Springs Inv 1976 RE 16259-3 2/2) 11/22/76 21.75
Liberty DatsLrn Ltd. 1978 RE 57291-5 1/2) 11/18/77 92.47
7292-4 1/2) 11/18/77 20.72--
Liberty Datsun Ltd. 1978 RE 5
Liberty Datsun Ltd. 1978 RE 57293-3 1/2) 11/18/77 9.95
Terry Corpor-ation 1979 RE 67101-3 1/2) 12/5/78 .39
Terry Corporatiom 1979 RE' 67014-9 1/2) 12/5/79 97:.i3
..Martin, E.L. &J.B. 1979 RE 43218-4 1/2) 172/5/78 24.00
-.Martin, E.L. &J.B. 1979 RE 43217-5 1/2) 12/5/19 58.00
Sutton, J. & M.E. 1978 RE 62623-4 1/2) 12/21/77 2.09
Sutton, J. & M.E. 1978 RE 62623-4 2/2) 12/21/77 1.99
Tidewater Builders 1975 RE 66851-1 2/2) 12/21/75
The P-bo@,,e abat:e.-@ent(@;) ns to
$1,133-14 -vere appro-,rec! by
the Council <)f the City o@ Virginia
Beacli 0-1 the 26 dLy f February
NSAI @reasurer
to f o,@:
Rich@ird J. tle@-bbon, City Clerk
2/26/79
- 20 -
AN ORDINANCE AUTHORIZING TAX REFUNDS Date
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of
the Treasurer are hereby approved: $3,1 66. 74
To:aling $
T@ TYPE TICKET EXONER- DATE
NAME YEAE OF TAX NUMBER TION NO PAID PENALTY INT. ITOTAL
Clark R. Farabaugh 79 CD 102339 1-3-7S 7.50
Mini-iie E. Kight 79 CD 104998 1-9-7@ 7.50
Barbara G Page 79 CD 114568 1-17--19 7.50
Janice Mae Swisher 79 CD 39289 1-22--19 7.50
Calvin C. Sanders 79 CD 117242 1-13--19 7.50
Calvin C. Sanders 79 CD 117243 1-13--19 7.50
Charles Pifer 79 CD 104887 1-9-7@ 7.50
Sir Callaliad Corp 79 CD 104534 1-5-71 7.50
ThelL@,ia Neblett 79 CD 15775 1-10-,9 7.50
John L. Whittier 79 CD 13160 1-4-7S 7.50
Williaiii A. Simpson 79 CD 18323 1-8-7@ 7.50
Louis D. Strom 79 CD 21680 1-9-7@ 7.50
Randi K. Lawrence 79 CD 95317 2-5-7@ 7.50
Ervie B. Sawyer 79 CD 113251 1-16--,9 7.50
Albert T. Watson 79 CD 57565 2-2-7( 7.50
Paul R. Price Jr. 79 CD 39410 1-23-.9 7.50
Patil R. Price Jr. 79 CD 39411 1-23--19 7.50
Benjamiti F. Mattias 79 CD 28568 1-12-'@9 7.50
Oceana Ready Mix Inc 78 pp 68573 5-12--@8 665.58
Oceana Ready Mix Inc 78 pp 68574 5-12-'18 534.60
Oceana Ready Mix Inc 78 pp 68576 5-12--@8 322.68
Oceana Ready Mix Inc 78 pp 68581- 5-12-'8 618.30
Oceana Ready Mix Inc 78 pp 68582 5-12- 8 79-5.18
Lewis Ottavi 79 CD 100664 1-2-7- 7.50
Richard Vollrath 79 CD 80810 1-4-71 7.50
Theresa M. Cardone 79 CD 55525 1-30- 1 9 7.50
Judith & M. Renii 79 CD 106934 1-9-7( 7.50
John Graff 79 Cd 32421 1.-15-19 7.5p
Nottingham, C. 78 pp 114509 12-5--18 5.40
Michael W. Noe 79 CD 119434 1-24--9 7.50
Williain E. Brock, Jr 119 CD 100089 1,-3-7 7.50
Jarqes A Culpepper 79 CD 126045 1-10- 9 7.50
Jack M. Glick,[Ian 79 CD 87595 1-16- 9 7,50
Veriion T & Ann Proctur79 Cff 105777 1-8-7 7.50
Stephen 01-iver 79 CD 53035 1-29- 9 7.50
Peter & Carole Calal)rese79 CD 14944 7.50
The above abatemeiit(s) total-ing to payment;
$ 3 l 6 6 - 7 4 were approved by
the Council of the City of Virginia
Beach on tlie 26 Oay of Fe-bruary. a, -
JOH@@@,-T. ATKItgSONI Tr@asurer
Approved as to form:
Ruth ii. Smitti, City Clerk
torne,
- 2 1 -
(ITEM II-H.l.a) ITEM #13354 PLANNING ITEMS
Mr. Ray Kauffman appeared in favor of this application
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to REFER back to the Planning Commission the
application of RAYMOND AND MELINDA KAUFFMAN for a Ilane of lo@n
District Classification from AG-1 Agricultural Dis trict to I_l Light
Industrial District, and it be brought back to Council as quickly
as possible:
Ordinance upon application of Raymond and Melinda
Kauffman for a Cla , of lonn listr ict Classifi-
cation from AG _T @;riCuTtura @ 9istric t to I-I Light
Industrial District on certain property located on
the West side of North Landing Road beginning at a
point 352 feet North of the North Landing Bridge,
running a distance of 390 feet along the West side
of North Landing Road, running a distance of 190
feet along the Northern property line, running a
distance of 450 feet more or less along the Western
property line. Said parcel contains 1.1 acre.
PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a
recorded vote of 9 for the motion and two abstentions
to approve this request subject to the following con-
ditions in conjunction with the intended use of the
I a n d :
1. Standard improvements as required by the Site Plan
Ordinance.
2. Alternate sewage disposal system required if shop
is over 200 feet from residence, or if there are
any employees.
3 . Right-of-way improvements will be necessary along
North Landing Road; this includes pavement widening,
curb and gutter, sidewalk, drainage facilities and
street lights.
And further subject to the following conditions prior to
the change on the official zoning map:
1. A dedication of right-of-way 40 feet from the
centerline of the existing 50-foot right-of-way
and a reservation of an additional 5 feet along
the 390-foot frontage on North Landing Road (a 15-foot
dedication and a 5-foot reservation)
2 2-
Vot ing 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M . Hen l ey, Clare n ce A. Ho l 1 an d , V ice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 2 3 -
(ITEM II-H.l.b) ITEM #13355
Mr. Robert Kindle appeared in favor of this application
Mr. Dwight P. Jones appeared in opposition to this application
On motion by Councilman Ferrell, seconded by Councilman Riggs, City
Council voted to DEFER for Thirty (30) days the application of R AND
R CORPORATION for a Change of Zoning District Classification from
R-5 Residential District to B-2 Community-Business District:
Voting : I 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 2 4-
Ordinance upon application of R and R Corporation for
a Ilan e 0 lonin, District Classification from R-5
Re 'ide9tiaiDi strict to B-2 Community-Business District
on certain property located on the South side of Princess
Anne Road beginning at a point 600 feet more or less East
of Providence Road, running a distance of 1325.46 feet
along the South side of Princess Anne Road, running a
distance of 200 feet more or less along the South side
of Salem Road, running a distance of 796.80 feet along
the Eastern property line, running a distance of 1214.93
feet along the Southern property line and running a
distance of 933-20 feet along the Western property line.
Said parcel contains 28.57 acres. KEMPSVILLE BOROUGH.
- 2 5-
(ITEM II-H.I.c) ITEM #13356
COUNCILMAN FERRELL LEFT COUNCIL CHAMBERS
Mr. W. W. Rose appeared in favor of this application
On motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the application of W. W. ROSE for a
Change of Zoning District Classification from R-8 Residential District
to B-4 Resort-Commercial District with the recommended stipulations
and adding:
1. Any structure built wholly or partially on
Lot I shall be located and constructed so
as to necessitate no physical alterations
of any dune, and offer no resistance to the
natural formation, deformation, or migration
of the dune; further, this condition shall
run with the land and to be recorded.
2. A walkway be provided across the dune subject
to Site Plan Review.
Vot i ng 9- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
None
Council Members Abstaining:
George R. Ferrell*
Council Members Absent:
Mayor Patrick L. Standing
*Councilman Ferrell entered meeting during voting process
- 26-
ORDINANCE UPON APPLICATION OF W. W. Z0279414
ROSE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO B-4 RESORT-COMMERCIAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of W. W. Rose for a Change
of Zoning District Classification from R-8 Resicential
District to B-4 Resort- ommercial District on certain
property located on the West side of DuPont Circle,
beginning at a point 82.37 feet North of Shore Drive,
running a distance of 197 feet along the West side of
DuPont Circle, running a distance of 205 feet along the
West side of Dinwiddie Road and running a distance of
224.06 feet along the Southern property line. Said
parcel contains 1 acre more or less. BAYSIDE BOROUGH.
Approval of this request is subject to the following
conditions in conjunction with the intended use of
the 1 a n d :
1. Lots 2 and 6 are approved for a change to B-4
Resort-Commercial District. Lot 1 to be zoned
B-4 Resort-Commercial District.
2. Standard improvements as required by the Site
Plan Ordinance.
3. City water and sewer.
4. Development of this site will require construction
of the dune or construction of a bulkhead at or
above the 6-foot contour. No filling, bulkheading,
or other waterfront related activities will be
allowed without the proper permits. In accordance
with Section 6.10 of the City Code, disturbance of
the dune will require approval from the City Manager.
5. Any structure built wholly or partially on Lot 1
shall be located and constructed so as to necessitate
no physical alterations of any dune, and offer no
resistance to the natural formation, deformation,
or migration of the dune; further, this condition
shall run with the land and be recorded.
6. A walkway be provided across the dune subject to
Site Plan review.
7. A dedication of right-of-way 25 feet from the
centerline of the existing 40 foot right-of-way along
the 197 foot frontage on DuPont Circle (a 5-foot dedication).
8. A dedication of right-of-way 25 feet from the
centerline of the existing 40-foot right-of-way along the
250 fronta ge on Dinwidd ie Dr i ve (a 5-foot ded i cat ion).
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of February, 1979.
- 2 7-
(ITEM II-H.l.d) ITEM #13357
Attorney Thomas C. Broyles appeared in favor of this application
The following persons appeared in opposition:
Larry Wilson, President, Great Neck Meadows Civic
League
Kay Reckner , Presi dent , Wil 1 in gton Wood Civi c
League
John Gravett, Chairman, Great Neck Association of
Civic Leagues
Upon motion by Counci I man Merrick , seco nded by Counci l woman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commi ss ion and DENY the app Iicat ion of STRUCTURES OF V IRGIN IA for a
Change of Zoninq District Classification from R-5 Residential District
to A-2 Apartment District.
Ordinance upon application of Structures of Virginia for
a Change of Zoning District Classification from R-5 Resi-
dential District to A-2 Apartment District on certain
property located on the South side of Old Donation Parkway
beginning at a point 1840 feet more or less West of First
Colonial Road, running a distance of 360 feet along the
South side of Old Donation Parkway, running a distance of
870 feet along the Western property line, running a distance
of 700 feet along the Southern property line, running a
distance of 524.91 feet in a Northeasterly direction and
running a distance of 734.99 feet in a Northwesterly
direction. Said parcel contains 15 acres. LYNNHAVEN
BOROUGH.
2 8-
Voting 1 0 - 0
Council Members Voting Aye: (for denial)
John A. Baum , F. Reid Ervin , George R. Ferre l I
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 2 9-
(ITEM II-H.l.e) ITEM #13358
Mr. Ransom Etheridge appeared in favor of this application
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to APPROVE the application of THE BAILEY WICK COMPANY
for a Change of Zoninq District Classification from A-1 Apartment
Distri@t to A-2 Apartment District.
Voting 1 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 30 -
ORDINANCE UPON APPLICATION OF THE BAILEY Z0279415
WICK COMPANY, A GENERAL PARTNERSHIP, FOR
A CHANGE OF ZONING DISTRICT CLASSIFICAT-
ION FROM A-1 APARTMENT DISTRICT TO A-2
APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of The Bailey Wick Company, a
General Partnership, for a
Classification from A-1 Apa artment
District on certain property located on the South side of
Old Virginia Beach Road beginning at a point 260 feet more
or less East of West Lane, running a distance of 145.78 feet
along the South side of Old Virginia Beach Road, running a
distance of 248.09 feet along the Eastern property line,
running a distance of 136.72 feet along the Southern property
line and running a distance of 197.50 feet along the
Western property line. Said parcel contains .699 acre.
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
Old Virginia Beach Boulevard; this includes pave-
ment widening, curb and gutter, sidewalk, drainage
facilities and street lights.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of uar , 1979.
- 3 1 -
(ITEM II-H.I.f) ITEM #13359
Pastor James Murphy appeared in favor of this application.
Reference was made to the property being 5,600 square feet; 200
seats to be advanced to 225; nineteen (19) spaces to be advanced
to 26 additional; the church will sign a short-term lease for 12
to 18 months; the church is seeking a permanent location.
On motion by Councilman Merrick, seconded by Councilman Ferrell, City
Council voted to APPROVE the application of THE CHRISTIAN TEACHING
CENTER, INC., for a Conditional Use Permit for a church, with the
stipulations as recornmended by the Planning Commission AND provide a
gravel parking area for two (2) years.
Voting: I 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Ma or Patrick L. Standin
- 3 2 -
ORDINANCE UPON APPLICATION OF THE R0279234
CHRISTIAN TEACHING CENTER, INC.,
FOR A CONDITIONAL USE PERMIT FOR A
CHURCH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of The Christian Teaching Center,
Inc., for a Conditional Use Permit for a church on certain
property loc ted on the North side of Virginia Beach
Boulevard, beginning at a point 200 feet more or less West
of Hutton Lane, running a distance of 652 feet more or less
along the North side of Virginia Beach Boulevard, running a
distance of 445 feet along the Western property line,
running a distance of 750 feet more or less along the
Northern property line (Lynnhaven River) and running a
distance of 170 feet more or less along the Eastern pro-
perty line. Said parcel contains 3.8 acres. LYNNHAVEN
BOROUGH.
Approval is subject to the following conditions in con-
junction with the intended use of the land:
1. City water and sewer.
2. Parking at a minimum of I space per 5 seats or bench
seating spaces in the main auditorium.
3. Provide a gravel parking area for two (2) years.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of February, 1979.
- 3 3-
(ITEM II-H.l.g) ITEM #13360
Attorney James Pickrell appeared in favor of this application
On motion by Councilman Ferrell, seconded by Councilman Payne, City
Council voted to APPROVE the application of EXXON CORPORATION for a
Conditional Use Permit for an automobile service station.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 34-
ORDINANCE UPON APPLICATION OF EXXON R0279235
CORPORATION FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE SERVICE
STATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Exxon Corporation for
a Conditional Use Permit for an automobile service
st tion on certa n property located at the Northeast
corner of Indian River Road and Strickland Boulevard,
running a distance of 175 feet along the North side
of Indian River Road, running a distance of 175 feet
along the Eastern property line, running a distance
of 175 feet along the Northern property line and
running a distance of 175 feet along the East side of
Strickland Boulevard. Said parcel contains .70 acre.
KEMPSVILLE BOROUGH.
Approval is subject to the following conditions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Public restrooms are to be provided.
4. Compliance with Article 2, Section 224 of the
Comprehensive Zoning Ordinance pertaining to
Automobile Service Stations.
5. Two curb cuts are to be allowed on Indian River
Road, provided each is a maximum of 24 feet in
width and marked appropriately for in-only and
out-only traffic.
6. One curb cut with a maximum width of 35 feet
is to be allowed on Strickland Boulevard.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of uar , 1979.
- 3 5-
(ITEM II-H.l.h) ITEM #13361
On motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council
voted to DEFER FOR TWO (2) WEEKS the app Iication of Frank T. Wil 1 i ams
for a Conditional Use Permit for ten (10) mobile homes:
An Ordinance upon application of Frank T. Williams for
a Conditional Use Permit for 10 mobile homes on certain
pr perty located on the North side of Munden Road
beginning at a point 500 feet East of Morris Neck Road,
running a distance of 1000 feet along the North side of
Munden Road, running a distance of 100 feet along the
Eastern property 1 i ne, runnin g a di stan ce of 1000 feet
along the Northern property line and running a distance
of 100 feet along the Western property line. Said parcel
contains 2.29 acres. PUNGO BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a
recorded vote of 10 for the motion and 1 abstension
to approve this request 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. Septic tank approval is subject to a soil
evaluation of this site. In addition,
compliance with the State trailer park
regulations is necessary.
3. A dedication of right-of-way 25 feet from the
centerline of the existing 20-foot right-of-way
along the 1,000 foot frontage on Munden Road
(a 15-foot dedication).
- 36-
Voting: I 0 - 0
Council Members Voting Aye: (for deferral)
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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 3 7-
(ITEM II-H.I.i) ITEM #13362 ORDINANCES
Mr. Garl and I sdel 1 a ppea red in f a vor of th is Ordin an ce
On motion by Councilwoman Oberndorf, seconded by Councilman Riggs, City
Council voted to ADOPT the Ordinance to amend and reordain Article 2,
Section 216 of the Comprehensive Zoning Ordinance relating to outdoor
advertising structures, billboards, signboards and poster panels, by
adding Indian River Road to those streets having special sign
restrictions.
Voting: 1 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 38-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 216 OF THE
COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF VIRGINIA BEACH RELATING
TO OUTDOOR ADVERTISING STRUCTURES
BILLBOARDS, SIGNBOARDS AND POSTER
PANELS, BY ADDING INDIAN RIVER ROAD
TO THOSE STREETS HAVING SPECIAL SIGN
RESTRICTIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 2, Section 216, Outdoor Advertising Structures,
Billboards, Signboards, and Poster Panels, of the C.Z.O. is amended
and reordained as follows:
(e) Outdoor advertising structures, billboards,
signboards, off-site directional signs and
poster panels which are displayed on a rental,
lease, or other basis are prohibited from being
erected along or oriented toward streets or
portions thereof which have been designated by
the governing body and delineated on the map
entitled "Streets Having Special Sign Restrictions",
recorded June 7, 1971, with the Clerk of the City
Council, as amended.
(f) The following streets, highways, interstates, and
expressways sha;; are hereby 6e94mR4Hg-w4th-the
effeet4ve-date-of-th4s-Ord4namee be designated
to-have as Streets Having Special Sign Restrictions:
Northamp on Bouleva rd, In dependence Boulevard, Shore
Drive (U.S. 60), First Colonial Road, Great Neck
Road, Virginia Beach-Norfolk Expressway (Va. Rt. 44),
General Booth Boulevard, U.S. Interstate 64, Sandbridge
Road, False Cape Parkway, Lynnhaven Parkway, Kempsville
Road, Providence Road and Indian River Road.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of uar , 1979.
- 3 9-
(ITEM II-H.I.i.1) ITEM #13363
The following appeared in favor of farmettes but opposed to this
Ordinance:
Attorney V. A. Etheridge, Jr.
Paul Sellers
Lewis Bryon
Councilman Payne inquired of the City Manager, in the review process,
would he considbr swells as opposed to curb and gutter.
Mr. Hanbury indicated they would be requiring standard site plan
improvements, and if Council wished to waive them they could.
On motion by Councilman Baum, seconded by Councilwoman Henley, City
Council voted to ADOPT the Ordinance to amend and reordain Article 1,
Section 111 of the Comprehensive Zoning Ordinance pertaining to
definitions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
MaYor Patrick L. Standing
- 40 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111 OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. is
amended and reordained as follows:
Land Management Dwelling Groups. A Group of three or
more dwelling units located on a tract of land
containin I :crdes or m.re and having poorly
drain ed sgil s etermined by the local agent of
the State Health Department.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of February, 1979
- 41 -
(ITEM II-H.l.i.2) ITEM #13364
On motion by Councilman Baum, seconded by Councilwoman Henley, City
Council voted to ADOPT the Ordinance to amend and reordain Article 2,
of the Comprehensive Zoning Ordinance pertaining to use regulations.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 4 2-
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, Section 401(a), Principal uses and structures,
of the C.Z.O. is amended and reordained as follows:
(a) Principal uses and structures:
(2) Dwellings, one family detached, except as
provided in section 401(c)(12).below;
That Article 4, Section 401(c), Conditional uses and structures,
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 hereof:
(12) Land Management Dwelling Groups;
(13) 4;24 Marinas, including facilities for storage
and repair of boats and sale of boat
s uppl i e s and f ue 1 ;
(14) 4494 Mobile homes, provided that they shall be
located on land otherwise used for agricultural
purposes, that they shall not exceed ten (10)
per farm, that they shall be used only as
shelter for laborers on that farm, and that they
shall be allowed only on farms greater than two
hundred and fifty (250) contiguous acres in size,
under the same ownership;
(15) 4444 Monasteries and convents;
(16) 4;64 Museums and art galleries when not operated by
a public agency;
(17) 4164 Private schools having academic curriculums
similar to public schools;
(18) 4;74 Public utility transformer stations and
major transmission lines and towers
(50,000 volts or more);
(19) 4484 Recreation and amusement facilities of an
outdoor nature other than as specified under
permitted principal uses and structures, which
may be partially or temporarily enclosed on a
seasonal basis with approval of City Council;
(20) 4194 Recreational campgrounds;
- 4 3-
(21) 4.29) Riding academies, horses for hire or
boarding;
(22) 4214 Storage, offices or maintenance installations
for public utilities;
(23) 4.2;?4 Television or other broadcasting stations and
line-of-sight relay devices;
(24) 4234 Lodges for fraternal organizations;
(25) 4244 Two family detached dwellings.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the nt - i@xth day of uar , 1979.
- 44-
(ITEM II-H.l.k) ITEM #13365
The following appeared in opposition to the proposed closure:
Elizabeth Welton
Russ Gimbert
Steve Johnson
On motion by Councilman Merrick, seconded by Councilman Ferrell, City
Council voted to APPROVE the application of Henry A. Shook and Phyllis
S. Shook for the closure of a portion of Hill Road, subject to dedication
of a 15-foot public access within the existing Hill Road right-of-way.
Voting : 1 0- 0
Council Members Voting Aye:
Jo hn A. Ba um , F. Reid Ervin , Geor ge R. Ferre l 1 ,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 4 5 -
ORDINANCE NUMBER
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT
CERTAIN STREET OF VARIABLE WIDTH KNOWN AS HILL ROAD, LOCATED
IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
AS SHOWN ON THAT CERTAIN SURVEY ENT ITL ED, SURVEY OF H ILL ROAD
AS SHOWN ON PLAT ENT ITLED ' LAKE SHORE PARK , V IRG IN IA BEACH ,
VIRGINIA@', WHICH IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN
MAP BOOK , AT PAGE
WHEREAS, it appearing by affidavit that proper notice has been
given by HENRY A. SHOOK and PHYLLIS S. SHOOK, that they would make
application to the Council of the City of Virginia Beach, Virginia, on
January 22, 1979, to have the hereinafter described street discontinued,
closed and vacated; and,
WHEREAS, 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 Beach,
Virginia, that the hereinafter described street be discontinued, closed
and vacated:
Hill Road beginning at a point which is located with
respect to the intersection of the northern right-of-
way line of Bay Colony Drive (formerly Sunset Shores
Parkway), and the western lot line of Lot I as shown
on the plat entitled "Division of Sites 3, 4, and 5
located in Lake Shore Park, Princess Anne County,
Virginia, Made For Watts Hill, Scale 1" = 50', August
3, 1950" and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 115, at page 22 as follows: From said point
of intersection along the said northern right-of-way line
of Bay Colony Drive South 89' 24' East for a distance
of 109.10 feet to a point which is the true point of
beginning; and from said point of beginning to the left
along the arc of a curve having a radius of 25.00 feet for
an arc distance of 39.27 feet to a point in the western
right-of-way line of Hill Road; thence along said western
right-of-way line of Hill Road North 00@ 36' East for a
distance of 125.00 feet to a pipe; thence North 12@ 47' East
for a distance of 236.7 feet, more or less, to a pin in the
shore line of Crystal Lake ("first shore line pin"); thence
in a generally southeastern direction along the shore line
of Crystal Lake to a pin ("second shore line pin") in the
eastern right-of-way line of Hill Road, which second shore
line pin is located with reference to the first shore line
- 46-
pin as follows: From said first shore line pin South
12@ 47' West for a distance of 19 feet, more or less,
to a pin; thence South 81@ 16' 24" East 15.35 feet to
the said second shore line pin; and continuing from
said second shore line pin along the eastern right-of-
way line of Hill Road South 12' 47' West for a distance
of 147.57 feet to a pin; thence South O@ 36' West for a
distance of 191.38 feet to a point; thence to the left
along the arc of a curve having a radius of twenty-five
feet an arc distance of 39.27 feet to a point in the north
right-of-way line of Bay Colony Drive-, thence North 89'
24' West along the north right-of-way line of Bay Colony
Dr i ve for a d i stance of 80 feet to the po in t of beg innin g .
Said parcel of land being Hill Road, as indicated on that
certain "Survey of Hill Road As Shown On Plat Entitled 'Lake Shore
Park', Virginia Beach, Virginia", which survey is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book I at Page and which
is made a part hereof by reference.
SECTION II
This Ordinance shall be in effect from the date of its passage.
- 4 7-
(ITEM II-I.I.a) ITEM #13366
Mr. Han bury indi cated in his letter to Ci ty Counci 1 , in the Agenda,
where he stated "a higher conviction rate for Circuit Court cases
is expected" should be corrected to read as "more justice could be
preserved for Circuit Court cases."
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT ON FIRST READING the Ordinance to accept
a Grant totaling $21,693 from the Division of Justice and Crime
Prevention and to appropriate these funds.
Voting: I 0- 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 48-
AN ORDINANCE TO ACCEPT A GRANT TOTALING
$21,693 FROM THE DIVISION OF JUSTICE
AND CRIME PREVENTION AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the City of Virginia Beach wishes to institute a
Program to assist victims and witnesses in understanding the operations
and procedures of the Criminal Justice System; and,
WHEREAS, the Division of Justice and Crime Prevention (DJCP)
has approved necessary funding to accomplish the objective stated above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept a Grant
for the City, and funds are hereby appropriated for the following
purpose:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Victim/Witness Program $20,608 $1,085 $21,693
BE IT FURTHER ORDAINED that the appropriations will be financed
by $20,608 estimated revenue from the DJCP and a local cash match of
$1,085 from the City's Unappropriated Fund Balance; and,
BE IT FURTHER ORDAINED that one personnel position is hereby
authorized for the duration of the Grant, to be paid from the Grant, with
the class of the employee to be determined by the City Manager.
FIRST READING: February 26, 1979
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1979.
- 4 9-
(ITEM II-I.2.c) ITEM #13367
On motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to ADOPT ON SECOND READING the Ordinance to amend and
reordain Section 33-2.1 of the Code of the City of Virginia Beach
pertaining to Real Estate Tax ExemPtion for certain elderly and
handicapped persons.
Voting: I 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 50 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 33-2.1 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO REAL ESTATE TAX EXEMPTION FOR
CERTAIN ELDERLY AND HANDICAPPED PERSONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That certain portions of the above mentioned Section of the
Code of the City of Virginia Beach are amended or added as follows:
(c) (2) The head of the household occupying and owning
title or partial title thereto is sixty-five
(65) or older on June 30th of the year immediately
preceding the taxable year. If such person is
under sixty-five (65) years of age, or he or she
shall possess a certification by the Social Security
Administration, the Veteran's Administration, or the
Railroad Retirement Board, or if such person is not
eligible for certification by any of these Agencies,
a sworn affidavit by two (2) medical doctors licensed
to practice medicine in the Commonwealth, to the
effect that such person is permanently and totally
disabled, as defined in Subsection (g). The affidavit
of at least one of such doctors shall be based upon a
physical examination of such person by such doctor.
The affidavit of one of such doctors may be based upon
medical information contained in the records of the
Civil Service Commission which is relevant to the
standards for determining permanent and total-
disability as defined in Su section . Such
medical affidavits shall be filed not later than
August 15th, but after the fifteenth of April of
each taxab;e year. Such dwelling must be occupied
as the sole dwelling of the person or persons claiming
exemption.
- 51 -
(c) (4) That the total combined income during the
immediately preceding calendar year from all
sources of the owners of the dwelling living
therein and of the owner's relatives living in
the dwelling does not exceed Eight Thousand Five
Hundred Dollars ($8,500), provided that the first
Two Thousand Dollars ($2,000) of income of each
relative, other than spouse, of the owner, or
owners, who is living in the dwelling shall not be
included in such total.
(c) (5) That the net combined financial worth of the owner
as of December 31 of the year immediately preceeding
the taxable year shall be determined by the
administrator to be an amount not to exceed
Thirty-Five Thousand Dollars.
(d) Annually, and not later than August 15 but after the
fifteenth day of April, the person or persons claiming
an exemption must file a real estate tax exemption
affidavit with the administrator. Such affidavit shall
set forth, in a manner prescribed by the administrator,
the location, assessed value of the property and the
names of the related persons occupying the dwelling
for which exemption is claimed, their gross combined
income, and their net combined financial worth.
(e) Amount of Exemption
(1) When the person claiming exemption conforms to the
standards and does not exceed the limitations contained
in this section the tax exemption shall be as shown
on the following schedule:
Total Income Tax
All Sources xemption
$ 00.00 to 3 , 500. 00 100%
3,501.00 to 5,000.00 80%
5,001-00 to 6,000.90- 60%
,@oo@ to 7,@00.00 40%
7,001.00 to 8,500.00 20%
- 52-
(e) (2) In any tax year in which the amount appropriated by
Council for th
exemption for the
not be sufficient to afford the entire exemption
allowable under the computations made
subparagraph (e)(1) above, the amount o
shall be computed as a fraction of that produced
under the formula set out in subparagraph (e)(1)
the numerator of the fraction to be the amount of
appropriation for the tax year and the denominator
of the fraction to be the total amount of all
exemptions co
subparagraph (e)(1)-
(i) For purposes of this section a mobile home shall be-,,--
real estate if the owner's intention that it be permanen@
affixed is shown by the facts that (1) it is located on land
belonging in whole or in part to the owner of the mobile
home, his spouse, parent, or child, and is connected
acilities; or (2)
whether or not it is located on land belonging to persons
described in subsection (1), it rests on a permanent
foundation, and consists of two or more mobile units
which are connected in such a manner that they cannot
be towed together on a highway, or consists of a mobile
unit and other connected rooms or additions which must
be removed before the mobile unit can be towed on a highway.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of February, 1979.
- 5 3-
(ITEM II-I.2.b) ITEM #13368 SECOND READINGS
On motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
City Council voted to ADOPT ON SECOND READING the Ordinance to
appropriate additional funds for the Virginia Alcohol Safety Action
Program (VASAP) in Virginia Beach, in the amount of $21,458.
Voting: 1 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 54-
AN ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDS FOR THE VIRGINIA ALCOHOL SAFETY
ACTION PROGRAM (VASAP) IN VIRGINIA BEACH
WHEREAS, the Virginia Beach City Council approved an
appropri ation of $47, 200 , and est ima ted revenue of $47, 200 , for the
the Alcohol Safety Action Program, in the Fiscal Year 1978-79 Operating
Budget; and,
WHEREAS, the approved appropriation was based on a projected
15 clients per month; and,
WHEREAS, the Program is actually treating an average of
24 clients per month; and,
WHEREAS, estimated revenue from fees is projected to increase
by $21,458.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
additional fees for the City, and funds are hereby appropriated for
the following purpose:
Approved Revised Total Increase
Budget Budget in Appropriations
VASAP $47,200 $68,658 $21,458
BE IT FURTHER ORDAINED that the increase in appropriations
be financed by $21,458 Estimated Revenue from fees.
First Reading: February 12, 1979
Second Reading: February 26, 1979
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of February, 1979.
- 5 5-
(ITEM II-J.a) ITEM #13369 ADDITIONAL ITEMS
The following bids have been received for the Rose Hall-Francis Land
House site improvements:
Century Concrete Services, Inc. $111,149-00
Ames and Webb, Incorporated $118,158-00
Engineer's Estimate $109,928-50
Councilman Ervin requested the City Manager to provide a summary
reflecting the original purchase price plus the improvements that
have been made and reflect that against the sale price for the
I a n d s .
Mr. Hanbury indicated he would present the summary along with the
Agenda next week.
On motion by Councilman Ferrell, seconded by Councilman Payne, City
Council voted to APPROVE the low bid of Century Concrete Services,
Inc., in the amount of $111,149.00 for the Rose Hall-Francis Land
House site improvements; and, further, authorized the City Manager
to enter into the necessary agreements to implement this project.
Voting: 1 0- 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 56 -
(ITEM II-I.i.b) ITEM #13370
On motion by Councilman Ferrell , seconded by Councilman Holland, City
Council voted to ADOPT the Ordinance to authorize a temporary encroach-
ment into a portion of the right-of-way of Independence Boulevard.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 5 7 -
BOOK 1962 PAGE 61 3
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF INDEPENDENCE BOULEVARD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as arnended,
Creative Displays, Inc., is authorized to erect and maintain a
temporary encroachment in the City's right-of-way of Independence
Boulevard.
That the temporary encroachment herein authorized is for the
purpose of maintaining two billboards owned by Creative Displays, Inc.,
and is described as follows:
No. 1
Beginning at a point on the western side of
Independence Boulevard, said point of
beginning being S 7@33'30" W a distance of
71-83 feet from the southwest intersection
of Independence Boulevard and the Norfolk
and Southern Railroad's right-of-way- Thence
from said point of beginning S 79'54'30" E a
distance of 20.39 feet to a point; thence
S 10@05'30" W a distance of 10-00 feet to a
point; thence N 79-54,30" E a distance of
19-95 feet to a point in the western line
of Independence Boulevard; thence along the
western line of Independence Boulevard
N 7'33130" E a distance of 10.01 feet to the
point of beginning.
No. 2
Beginning at a point on the western side of
Independence Boulevard, said point of beginning
being S 7'33'30" W a distance of 309-75 feet
from the southwest intersection of Independence
Boulevard and the Norfolk and Southern Railroad's
right-of-way. Thence from said point of beginning
S 79@37'30" E a distance of 25.35 feet to a point;
thence S 10'22'30'- W a distance of 10-00 feet to a
point; thence N 79-37-30" W a distance of 24-85
feet to a point in the western line of Independence
Boulevard; thence along the western line of
Independence Boulevard N 79'33'30" E a distance of
10-01 feet to the point of beginning.
PROVIDED, HOWEVER, that it is expressly understood and
agreed that the temporary encroachment herein authorized shall terminate
automatically three (3) years from the date of this agreement and
that within ten (10) days after such termination date, said billboards
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shall be removed from the City right-of-way of Independence Boulevard
by the party of the second part, and that said party of the second
part shall bear all costs and expenses of such removal; and thereafter,
that the party of the second part shall conform to Section 216 of
the City's Comprehensive Zoning Ordinance.
AND, PROVIDED FURTHER, that it is expressly understood and
agreed that Creative Displays, Inc., shall indemnify and hold harm-
less the City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of such billboard.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day C)f uar , 1 979.
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(ITEM II-J.c) ITEM #13371
Upon moti on by Council man Ho l land, seconded by Counci l woman Obe rndo rf,
City Council voted to ADOPT the Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of Hillview Boulevard.
Voting : I 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 60 -
BOOK 1962 PAGE 615
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF HILLVIEW BOULEVARD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Homestead Civi c League, Inc . , is aut hori zed to erect and mainta in a
temporary encroachment in the City's right-of-way of HILLVIEW
BOULEVARD.
That the temporary encroachment herein authorized is for the
purpose of installing a removable water pump and well and that said
water pump and well shall be installed in accordance with the City
of Virginia Beach Public Works Department's specifications as to
size, and alignment; and,
PROVIDED FURTHER that such temporary encroachment is more
particularly described as follows:
All that certain lot, tract or parcel of land
lying, situate and being in the City of Virginia
Beach, Virginia, as shown as the shaded area on
that certain plat entitled, "PLAT SHOWING RIGHT-
OF-WAY ENCROACHMENT INTO HILLVIEW BLVD. GRANTED
TO HOMESTEAD CIVIC LEAGUE," prepared by Bureau
of Surveys and Mapping Engineering Division
Department of Public Works, City of Virgini; Beach,
Virginia, said plat being on file in the Department
of Public Works, Municipal Center, Virginia Beach,
V i r g i n i a .
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized will terminate upon notice by the City of Virginia Beach
to the Homestead Civic League, Inc., its successor or assigns,
Kempsville Borough, and that within ten (10) days after such notice
is given, said encroachment will be removed from the City right-of-way
of Hillview Boulevard by the Homestead Civic League, Inc., its agent
or employees and that said Homestead Civic League shall bear all
costs and expenses of such removal.
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AND, PROVIDED FURTHER, that it is expressly understood and
agreed that Homestead Civi c League, Kemps vi l le Bo rough, wi 1 1 i ndemnif y
and hold harmless the City of Virginia Beach, its agents and employees,
from and against all claims, damages, losses, and expenses including
reasonable attorney's fees in case it shall be necessary to file or
defend an action arising out of the location or existence of such
encroachment.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of February, 1979.
Mr. Hanbury indicated the applicants want to provide a removable water
pump and well to beautify the entrance to Homestead Civic League area
of Hillview Boulevard and Old Providence Road.
- 6 2-
(ITEM II-J.d) ITEM #13372
On motion by Councilman Ferrell, seconded by Councilman Baum, City
Council voted to ADOPT the Ordinance to allocate a permanent position
for the Community Grant Program. This position is for a Community
Development Research Analyst with an approximate salary of $10,000
annual ly.
Voting : I 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 6 3-
AN ORDINANCE TO ALLOCATE A
PERMANENT POSITION FOR THE
COMMUNITY DEVELOPMENT GRANT
PROGRAM
WHEREAS, City Council approved the fourth year's funding
for the Community Development Program on March 15, 1978; and,
WHEREAS, the Community Development Program requires a
permanent employee to assist in conducting a community and housing
needs assessment survey for the community development target areas
located within the City; and,
WHEREAS, Section 2 of the Appropriation Ordinance for
fiscal year 1978-1979 requires City Council approval for new personnel
positions not set forth therein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the following position be added to the Grants Office
for the Community Development Program.
COMMUNITY DEVELOPMENT RESEARCH ANALYST
That the position will be financed from existing funds in
the Program's fourth year's funding and such funds are hereby authorized
to be transferred.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of February, 1979.
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(ITEM II-L.a) ITEM #13373
Mrs. Ruth L. Whitehurst, who requested to appear before City Council
regarding a free-standing mobile home on Morris Neck Road, requested
deferral.
On motion by Councilman Ferrell, seconded by Councilman Riggs, City
Council voted to DEFER FOR THIRTY (30) DAYS the request of Ruth L.
Whitehurst for a free-standing mobile home.
Voting: I 0 - 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 6 5-
ITEM #13374
Jerry Harris, President of the Tidewater Builders Association, appeared
before City Council regarding the position of the Association with
regard to the recent consideration of the Coastal Zone Management Act.
The Association does not oppose a Dune Ordinance that will protect the
coastal dune area of Virginia Beach. He stated some opposition was
they were opposed to the State Bill, Federal land control and to
Federal zoning. It was felt that the Ordinance was in it's proper
form now.
Mr. Harris recommended that a committee be appointed by the Mayor to
study the Dune Ordinance which is being considered by the Planning
Commission, to be comprised of Council Members, citizen property
owners, administrators, and builders.
Vice Mayor McCoy thanked Mr. Harris for presenting the Tidewater
Builders Associations views and indicated they would take no action
due to the absence of the Mayor.
ITEM #13375
Jerry Adams appeared before City Council regarding the application of
Willis Realty for a Change of Zoning from B-2 Community-Business
District to R-9 Residential-Townhouse District. Mr. Adams requested
a reconsideration of this application on March 12.
Councilman Ferrell made a motion, seconded by Councilman Merrick, to
refer the application back to the Planning Commission. After some
discussion Councilmen Ferrell and Merrick withdrew their motion and
second.
On motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to RECONSIDER this application on March 19, 1979.
Voting: I 0- 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, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Absent:
Mayor Patrick L. Standing
- 66-
ITEM #1 3376
Mr. Ernest Gregory appeared before Council requesting assistance in
financinq the extension of Rudder Road. The total cost for the
extension will be $5,600, which was the pro rata cost per lot ranging
from $91.95 to $400. Mr. Gregory indicated that he could only get
50% of the property owners to pay their pro rata share of the con-
struction leaving him with the remainder costing him a total of
$3,600 as assessed by the City. If the state assessed this extension
it would bring his share to $2,600.
City Council indicated that unless he obtained the 51% of the property
owners share, which is a State law, there would be nothing the City
could do to help him.
ITEM #13377
Mr. Hanbury indicated that the Real Estate notices will be mailed
February 27, 1979. These are not tax bills, only notices of
assessment.
ITEM #13378
On motion by Councilman Ferrell, seconded by Councilman Riggs, and
by acclamation, City Council adjourned at 10:30 p.m.
i I @,, , , ir
;;- I
Ri4th Hodges @mith, City Cleri ML7-.-, Patrick L! St..d..@
-1
City of Virginia Beach,
Virginia
February 26, 1979
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