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Home My WebLink AboutAPRIL 17, 1978 CITY OF VIRGINIA BEACI MUNIC PAL CENTER city" V RG NIA E3EACH VIRG NIA 234S6 MAYOR CLARENCE A. HOLIA.ND, M,D., B.y,id, B.,.,gh j IIENI@Y M,COV, J,., D D.S,, K,,p,,,!I, Br ,b VICE MAYOR PATRICK L. STANDING, A, L.,g, @'!EYEkA E. OBERNDORF, At L,,@, JOHN A, BAUM, Bi.,k..,,, B@,@,,b j CUR71S PAYNE, P,i@,,,, ROBERT B. CROMWELL, J,, A, L.,g, T@OGER L. RIGGS, Vi,,i@i, 13 ... b B .....b GEORGE R. FERRELL, A, L,,,, F,@G@'D E. WATERFIELD, ],., P@,,,g@ f3@,.,,gb JOIIN R. GRIFFIN, L@-I ... @ B.,.,,h A G E N D A l,'(CIIARD J. WEBBO@@, C@@l, C!,,k THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION BuILDING, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, IN REGULAR SESSION, AT 1:00 P.M., ON MONDAY, APRIL 17, 1978 FOR THE PURPOSE OF CONDUCTING PUBLIC BUSINESS AND WILL HEAR AND ACT UPON THE FCLLDWING ITEMS: 1. CALL TO ORDER BY THE HONORABLE CLARENCE A. HOLLAND, MAYOR, IN THE COUNCIL CONFERENCE ROOM. 2. ROLL CALL OF THE COUNCIL. 3. MOTION TO RECESS INTO INFORMAL DISCUSSION AND EXECUTIVE SESSION. UPON CONCLUSION OF THE EXECUTIVE SESSION, CITY COUNCIL WILL RECONVENE IN THE CITY COUNCIL CHAMBERS. 4. INVOCATION WILL BE GIVEN AT 2:00 P.M., BY T@iE REVEREND JOHN GE@IENEZ, THE ROCK CHURCH, VIRGINIA BEACH, VIRGINIA. PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE. 5. ROLL CALL OF THE COUNCIL. 6. MINLJTES OF THE REGULAR MEETING OF APRIL 10, 1978 TO BE PRESENTED FOR APPROVAL AND ACCEPTANCE. 7. 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. A. CITY COUNCIL IS REQUESTED TO APPRCVE ON SECOND READING AN CRDINANCE To TRANSFER AND TO APPROPRIATE $12,000 FOR QUEEN CITY SEWER ENGINEERING WORK. B. CITY COUNCIL IS REQUESTED TC APPROVE ON SECOND READING AN ORDINANCE To APPROPRIATE $15,507 FROM THE STATE DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT FOR A CLEAN SYSTEM PROGRAM. C. CITY COUNCIL IS REQUESTED TO APPROVE CN SECOND READING AN ORDINANCE TO ACCEPT A GRANT TOTALLING $23,216 FROM THE DIVISION DF JUSTICE AND CRIME PREVENTION AND To APPROPRIATE THESE FUNDS ALONG WITH AN AMOUNT OF $1,222 FOR A JUVENILE PLAN COORDI- NATOR. D. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE REQUEST OF MR. JOHN ATKINSON, CITY TREASURER, FOR TAX REFUNDS IN THE AMOUNT OF $93.56. E. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE FOLLOWING BINGO/RAFFLE PERMITS: ARROWHEAD RECREATION AssocIATICN (RENEWAL) RAFFLE KING's DAUGHTERS SEA SPRITE CIRCLE RAFFLE B. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE FOLLOWING ORDINANCE ON FIRST READING, TO APPROPRIATE FUNDS IN THE AMOUNT OF $40,500 FROM UNAPPROPRIATED SURPLUS TO THE BOARDWALK TRAINS DIVISION FOR THE REPLACEMENT OF THE BOARDWALK TRAINS; AND THAT, FUNDS IN THE AMOUNT OF $46,528 SHOWN IN THE 1979 BJDGET AS A TRANSFER FROM THE GENERAL FUND BE TRANSFERED To RESERVE FOR CONTINGENCIES; AND THAT, APPRCPRIATIONS IN THE AMOUNT OF $50,000 BE REDUCED FROM THE BOARDWALK TRAINS OPERATING BJDGET FOR FY 1979. 9. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL ADOPT A RESOLUTION CERTIFYING THAT V. ALFRED ETHERIDGE HAS MADE A FULL ACCOUNTING AND FINAL SETTLEM--NT DF CITY FUNDS. 0. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE TO AUTHORIZE A TEMPCRARY ENCROACHMENT INTO A PORTION OF THE RIGHT-CF-WAY OF 16TH STREET As REQUESTED BY JOHN D. MITCHELL AND N. P. SIMPSON, III, OWNERS OF ALAMAR APARTMENTS FOR THE PURPOSE OF ERECTING A SIGN FOR ALANIAR APARTf4ENTS. 1. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECCMMENDATION OF THE PLANNING COM@IISSION FOR DENIAL OF THE APPLICATION OF BERNICE J. HEUSER FOR A CHANGE OF ZONING FROM R-3 RESI- DENIAL DISTRICT Tc R-4 RESIDENTIAL DISTRICT ON A .7 ACRE PARCEL LOCATED AT THE NORTHWEST 12. LEJTER FRCM THE CITY MANAGER TRANSMITTING THE RECCMMENDATIC)N OF THE PLANNING CO@l@-IISSION FCR DENIAL CF THE APPLICATION CF MICHAEL W. MCQUILLIS FOR A CHANGE OF ZONING FRom R-7 RESIDENTIAL DISTRICT To R-8 RESIDENTIAL I)ISTIRC@ ON A .25 ACRE PARCEL LOCATED ON THE NORTH SIDE OF TERRACE AVENUE, WEST OF MEDITERRANEAN AVENUE (VIRGIT@IA BPACH BOROUGH). 13. LETTER FROM THE CITY MANAGER TRANSNIITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF VIRGINIA BEACH HOLDING CORPORATION FOR A CHANGE OF ZCNING FROM R-6 RESIDENTIAL DISTRICT To A-3 APARTPIENT FJISTIRCT E)N A 1.49 ACRE PARCFL LOCATED ON THE EAST SIDE OF BIRDNECK ROAD, SOUTH OF FLEMING DRIVE (LYNNHAVEN BOROUGH). 14. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF IRENE P. RICHARDSON, EXECUTRIX OF THE ESTATE OF MARY VIRGINIA PALLETT, FOR A CHANGE OF ZONING FROM R-6 RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT (MODIFIED FROM B-2 COMMUNITY BusINESS DISTRICT) ON A .30 ACRE PARCEL LOCATED AT T@ NORTHEAST INTERSECTION OF OLD VIRGINIA BEACH ROAD AND BIRDNECK ROAD (LYNNHAVEN BOROUGH). is. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION CF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF SAv A-TON, A GEORGIA CORPORATIDN, FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION ON A 1.026 ACRE PARCEL LCCATED ON THE NORTH SIDE OF HOLLAND ROAD, EAST OF WASHINGTON AVENUE (PRINCESS ANNE BOROUGH). 16. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSICN FOR APPROVAL OF THE APPLICATION OF HARRY E. AND BARBARA P. THORNS FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY AND HORSES FOR HIRE AND BOARDING ON A 5-ACRE PARCEL LOCATED ON THE NORTH SIDE OF LANDSTOWN ROAD, EAST OF SALEM ROAD (PRINCESS ANNE BOROUGH). 17. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF HOYT FREEMAN FOR A CONDITIONAL USE PERMIT FCR AN AUTO- MOBILE SERVICE STATICN AND CAR WASH ON A .92 ACRE PARCEL LOCATED AT THE SOUTHWEST INTER- SECTION OF SOUTH LYNNHAVEN ROAD AND Bow CREEK BOULEVARD (PRINCESS ANNE BOROUGH). is. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF THE CATHOLIC DIOCESE OF RICHMOND, PER STAR OF THE SEA, FOR A CONDITIONAL USE PERMIT FOR A CHLJRCH ON A 7.9 ACRE PARCEL LOCATED AT THE NORTHEAST INTERSECTION OF PAINTERS LANE AND SANDBRIDGE ROAD (PRINCEss ANNE BOROUGH). 19. LETTER FROM THE CITY MANAGER TRANSMITTING THE R@COMMENDA-ION OF THE PLANNING CDMMISSICN FOR DENIAL OF THE APPLICATION OF CARDYLNN R. BERNER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BABYSITTING) ON A ONE-ACRE PARCEL LOCATED ON THE EAST SIDE OF C,OUTH FIR AVENUE, SOUTH OF BONNEY ROAD. (KEMPSVILLE BOROUGH). 20. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPRCVAL FOR THE FOLLOWING ORDINANCES: A. AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 107 OF THE CZO PERTAINING TO AMENDMENTS. B. AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 220 OF THE CZO PERTAINING TO PROCEDURAL REQUIREMENTS. 21. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL DEFER FOR TWO WEEKS AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 201 OF THE CZO PERTAINING To YARDS 22. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMNIISSION FOR APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF THE CZO PERTAINING TO DEFINITIONS OF DRIVE-IN EATITAG AND DRINKING ESTABLISHMENTS. 23. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION 561 OF THE CZO PERTAINING TO USE REGULATIONS FOR COMMERCIAL PARKING LOTS. 24. LETTER FROM THE CITY MANAGER TRANSMITTING TI@E RECOMMENDATION OF THE ' 'LANNING COMMISSION FOR APPROVAL OF AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTION 401 (C) OF THE CZO PERTAINING To MOBILE HOMES. 25. IFTTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF ARTH(JR J. NEWTON, JR., AND I\IARGARET H. NEWTON FOR A PETITION FOR THE CLOSURE OF A PORTION OF ASH AVFNUE (KEMPSVILLE BOROUGH). 26. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE @OLLOWING ORDI- NANCES: A. AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 33-8 AND 33-9 OF THE CODE C)F THE CITY OF VIRGINIA BEACH RELATING TO PERSONAL PRDPERI-)' TAXES. B- AN @INANCE TO AMEND AND REORCAIN SE(:TIDN @@l @CH FZELATING REAL ESTATE TAXES. 33-3 OF THE CODE OF THE CITY OF VIRGINI, 27. OLD BUSINESS, DEFERRED FROM THE PREVIOUS MEETING, INCLUDING ANY REPORT OF THE MAYOR OR .,COMMITTIES NAMED BY COUNCIL. 28. NEW E3USINESS, INCLUDING ANY PRESENTATIONS BY COUNCIL MEMBERS, CITIZENS AND ORGANIZATIONS. A. THROUGH THE COURTESY OF COUNCILMAN RIGGS, MR. MIKE WORRELL WILL APPEAR BEFORE CITY COUNCIL TO PRESENT AN " UP [)ATE" ON THE 1000 MILE COASTWISE RACE FRC)M FORT LAUDERC)ALE, FLORDIA TO VIRGINIA BEACH OF 16 FOOT " HoE3IE CATS" (CATAMARANS) WHICH IS BECOMING AN ANNUAL EVENT, ITS ATTRACTIVENESS IN CONNECTION WITH THE NEPTUNE FESTIVAL, AND IN RECOG- NITION OF THE ARTICLES WRITTEN BY MEMBERS OF THE OUTDOOR-WRITERS OF AMERICA, INC., IN NATIONAL SPORTS MAGAZINES WHO ARE HOLDING A CONVENTION IN VIRGINIA BEACH IN JUNE. B. MRS. VIVIAN SIMPSON WISHES TO APPEAR BEFORE CITY COUNCIL AS A REPRESENTATIVE OF THE FAIRFIELD SHOPPING CENTER CONCERNING THE PROPOSED INSTALLATION OF A TRAFFIC LIGHT AT THE SUBJECT LOCATION. C. MR. AUSTIN TUCK WISHES TO APPEAR BEFORE CITY COUNCIL TO DICUSS THE ACREDALE SEWERS. D. CONCERNED CITIZENS, AS WELL AS THE VIRGINIA BEACH BRANCH OF NAACP, WISHES To APPEAR BEFORE CITY COUNCIL REGARDING THE HOUSING CRISIS IN VIRGINIA BEACH AND SPECIFICALLY THE MASS EVICTION NOTICES BEING GIVEN AT BEACH TOWNE APARTMENTS. 29. @IC)TION FOR ADJOURNMENT. MINUTES OF THE HONORABLE CITY COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA April 17, 1978 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, April 17, 1978, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, llayor Clarence A. Holland, J. Ilenry @IcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @,layor Patrick L. Standing, and Floyd E. Waterfield, Jr. ITEM #12000 @layor Holland entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the pur- pose of discussing the following: 1. Discussion or consideration of emplovment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. The protection of the privacy of individuals in personal matters not related to public business 3. Consultation with legal counsel and briefin-- by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Waterfield, seconded by Vice @layor Standing, and bv recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @-layor Clarence A. Holland, J. Ilenry 7,.IcCoy, Jr., Councilwoman Ileyera E. Oberndorf, J. Curtis Payne, Roger L. Piggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to proceed into the executive session following the informal meeting. ITE@l #12001 The City Manager stated that as Council requested he asked the Director of the Department of Public Utilities to provide a report on the Birdneck Point water mains. The City @lanager noted the following key points: 1. Although the main problem experienced by citizens is the bigh iron content of the water, as a result of no periodic flushing over the years, and although the iron content in areas is above the 0.3 mg/l level, it is not classified by the Health Department as a health hazard. The definition of iron, as per the State Health Department, is that iron is a highly objectionable constituent in water supplies for either domestic or industrial use. Iron may impart brownigh discolora- tion to laundered goods. The taste that it imparts to water may be described as bitter or astringent, and may adversely affect the taste of other beverages. 4/17/78 - 2 - 2 The oril-inal syster@i @v,,is installed in 1927 by the Birdneck Point Development Corporation, Subsequently, the Cit,@T of Norfolk @tecepted tlie systern '@or malntenanco and operation. Offi.cials (@f the Ci'@y of V'lr,-;inia BeLch or the County of Princess Anne never reviewed its design or development. In 1973, with the advent of the water contract @vi.tli tlie City of @,@ rfoll@, we ac(,,uired all lines previously owned by the City of Norfoll@. 3. Phasing the i)roject ovel' a period f four vears, eliminating the major problems on Bobolink Dri,ve (Phase I), Oriole Drive (Pliase II), Cardinal Poad (Phase III), and reDlacing e,@isting two-inch pides in the courts and cul-de-sacs (Ph se IV). Because of inflation during tlie four-year period, it is estir,iateci that tlie project would cost approximately $100,000 more tiaLLn if we did Llie entire T)roject now. However, because of the pl-iasin,, )ro-,@ram, it may nc)t be necessary to -o beyond ')hase II or Phase III, since the implemention of Phase I or Phase II may resolve the citizens' request to ha,ve firc 11@7clrants i.nstalled throughout their subdivision. 4. To replace the existin-- svstem @vi-th tlie same desigii initiated in J.927, @@,hich the City Illtna,"er would not recommend, would cost @442,000. The cost of the irnproved systeni witli fir(-, iiydr nts and larger lines would be S758,000. Suel-i a conil)lete repltcement would be a tremend(Dus iml)roveri(@nt to the @@7@iter systera, ,Lnd even it we liad owned tlic@ system since 1927, it is cloubtful that we would have del,)reciated the system for sucla a major improvement. The City i@laiiager recommended four @i-Itern tives for Council's considerat'@on: 1. Institute the phasine I)rucess at no cost to the citizens of Birdneck Point. 2. Replace the entire systcri with an i.mproved system including larger lines and fire hydrants. If tiiis alternative is initiated, the City @,tanager @vould recommend that tlie citizens participate in the cost of 1),Lying the normal line fee. liowevei,, no wc)uld be rnade For tap or meter fees. 3. Replace the existing systeri without any improvements at no cliarge to citizens of Birdneck Point. 4. Wait for the new installation of the 36-inch line on Laskin Road that will improve pressures and thereb@, increase flushing capabilities to remove lii.-h iron deposits. The following is the re,)ort from illr. Aubrey V, @Vatts, Director of Public Utilities: 4/17/78 cc),n- -i@,at-o tliat f "(1 C, Ic,wl,iiq sLre,@-!7, w@-.1-i ',-he rr,(,s1/2- Ft-.Cl 1. robo-i'@nk D@'v(, 2. 0-ic)lc 3. CirCi-,ial We -eel thit ',']c c,,Id (50 @,r+/-) u,,Ilii,@od c sl@ i-ron ma@.ns within t)ie dis-r@butic)n o' B4r(,,P(-)c@l" Poin@ are the source of the ex'@remely high 4-cii contetit. Conse(-,uently, we do not believe tliat tlie problei,.i ol@ hi,gh --ron @@ill IDe totally allevi- a-@ed until Ell- o-, -@ho c)lo. riciins @irc@ r()place(l. liowever, we clc) believ(- that a pliased al-)proach Lo replacing the mains, beginning with the severe, will gradually improve the situation and r)ossibly reduce tlic,- iroil content to an accept- able level. W@ also antic@-pate that the new 36-inch main on Laskin Road, now i,nder constructi.on, w.@ll provide much im- proved pressure and flow to Birdneck Point , which will per- mit us to impleme-t an effec,live mai-n flush 4 ng progreim for iron removal. Therefore, as a L)has--d approach to impro,@e the Birdneck Point water problem, we recommend I'lle following: Phase I - Replace existing main on Tanager Trail and Bobolink Drive Construction time: 41/2 months Total cost: $272,176 Phase II - Replace existing mains on Starling Court and Oriole Drive Construction time: 31/2 months Total cost: $176,484 Phase III - Replace existing pipe on Cardinal Dri-ve Construction time: 21/2 months Total cost: $137,214 Phase TV - Replace existing 2-inch pipe in Courts and Cul-de-sacs with 4 and 6-inch mains Construction time: 3 months Total cost: $171,945 TOTAL CONSTRUCTION TIME (ALL PHASES) - 131/2 MONTHS TOTAL COST (ALL PHASES) - $758,000 NOTE: The time shown above represents construction time only. Prior to beginning construction, a minimum time of 4 to 6 months would be required for preparation of con- S L--E U@ Ll Ill " "@I"J I li'U 12Ui '@ -@ ' I'lliu@il " . Comparatively, the estimated cost for replacing the Birdneck Point water system with existing sized mains is $442,000. All of the proposed phases would include -,he installation of new fire hydrants and water meters as required. The approach which we have recominended is not meant to be a fixed one, but one which will allow us flexibility as we monitor the improvements resulting from each installation. We strongly believe that Phases I and IT are required, but it is possible that Phases III and IV may not be necessary if results from I and II are very successful. Similarly, af-ler monitoring the results of Phases I and II, we may find that Phase TV should come ahead of Phase III. We do not recommend establishing the priority of Phases III and IV until we have monitored and evalu- ated any improvenients realized from the installation of Phases I and II. The following information is attached for your use- 1. Cost breakdown of Phases I thru TV 2. Map sketches of Phases T thru IV 3. Estimated construction cost for total new water system. it should be noted that the Highway Division is attempting to set up a paving schedule for Birdneck Point. Any repaving schedule should be based upon the program established for im- proving the water system. 4/17/7 ITEM #12002 The City Manager stated that several years ago there were five or six parcels of land on H()Iland Road, near Edwin Drive, that were rezoned froni residential to office. As part of the rezonin-. application thev were required to dedicate right-of-way for the widening of Holland Road. Because it remained dorment it remained. zoned residential. The City could not wait for the developer to begin working on the land, so consequently the City had to acquire the right-of-way for Holland Road. Until the developer dedicates the riglit-of-way the zoning maps will not be changed to office. Because of tlie conditions involved, the City @,lanager would like to bring to Council at the next meeting a request to waiver the right-of-way reqijirements for the widening of Holland Road. !TE@,! @-12C)03 The City i@lanager stated that item #1@O on the formal agenda re--arding the CZO amendments ordinance one word is to be chan,-ed "considered" is to be changed to "filed". The proposed amendments are designed to clarify and make more explicit the procedures governing the submission of a petition for a change of zoning or the application for a conditional use permit that has Dreviously been denied by City Council. ITEM @-12,')04 At 2:00 p.m., City Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry ?@IeCoy, Jr., Council- woman illeyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Ilayor Patricl@ L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend John Gemenez, the Rock Church, followed by the Pledge of Alle.-iance. ITEAI #1@-1005 On motion by Councilman Ferrell, seconded by Councilman ',Vaterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George Ferrell, John R. Griffin, Ilayor Clarence A. Ilollancl, J. Ilenry McCoy, Jr., Councilwoman Yleyera E. Oberndorf, J. Curtis Ilayne, Roger L. Riggs, Vice Mayor Patricl@ L. Standing, and Floyd E. Waterfield, Jr. @Tays: lione Absent: ione City Council voted to approve the minutes of the regular meeting of April 10, 1978, with tlie following correction to item 1-11970: On page three of the ordinance amending an ordinance authorizing the issuance of public improvement bonds of the City of Virginia Beach, Virginia, in the maximum amount of S15,900,000, and rescinding an ordinance authorizing the issuance of @@7,000,000 public improvement bonds adopted Nlarch 7, 1977, should be corrected to read -)1,0118,507 rather than 0,1,280,507. City Council dispensed with the reading of the minutes inasmuch as each @lember had a copy. 4/17/78 5 - ITE@l @12006 On motion by Councilman Cromwell, s conded by Counci.1m,,In i.IcCov, and J3y recorded vote as follows: Ayes: Councilmen John A. Baum, Pobert B. Cromwell, Jr., Geor-e R. Ferrell, John R. Griffin, @@layor Clarence A. Holland, J. Ilenry @-IcCoy, Jr., Councilwoman i@leyera E. Oberndorf, J. Curtis Payne, RC),.,er L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. 1,Vaterfield, Jr. Nays: inone Absent: T;oile City Council voted to approve on second reading the following ordinance to transfer and to apprbpriate $12,000 for Queen City Sewer Engineering Work: AN ORDINANCE TO TRANSFER AND TO APPROPRIATE $12,000 FOR QUEEN CITY SEWER ENGINEERING WORK WHEREAS, the City of Virginia Beach, Virginia wishes to issue construction bids for the Queen City sewer project as soon as the Department of Housing and Urban Development (HUD) approves the fourth year's fundinal of the City's Community Development (CD) Program; and WHEREAS, the City must appropriate funds so that the sewer engineer- ing work may be performed for this project before the bids are issued; and WHEREAS, funds are currently available as "contingencies" for this appropriation in the program's third year funding approved by City Council on February 27, 1978. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds totalling $12,000 be transferred and appropriated from @lcontingencies" to the Queen City Sewer Engineering project: That this transfer be rnade within the third year's funding of the City's Community Development (CD) Program. FIRST READING: April 10, 1978 SECOND READING: April 17, 1978 Adopted by the Council of the City of Virginia Beach on the 17th I ITE@@l 1 12007 Oia motion I)y Councilman Cromwell, seconded by Councilnian @IcCo.@', aild b,, recorded vote as follows: Ayes: Councilmen John A. Baurn, Robert i3. Cromwell, Jr., George P,. Ferrell, John R. Griffin, ilayor C]-arence A. liollan(i, J. Ilenry @IcCoy, Jr., Councilwomin Aleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrici@ L. St ndi,ia,, and Flovd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second readin,., the followin., ordinance to appropriate 1,15,507 from the State DelDartment of Conservation and Econoniie Develop for a Clean System Program: AN ORDINANCE TO APPROPRIATE FUNDS FROM THE STATE DEPARTMENT OF CONSERVATION AND ECONOIIIC DEVELOPMENT FOR A CLEAN COM=ITY SYSTEM PROGRA-M WHERF-AS, City Council is interested in utilizing educational, technological, and enforcement techniques to measurably reduce litter on a city-wide basis, and WHEREAS, these techniques will be structured to induce, over a period of time, behavioral and attitudinal changes of the citizen's toward littering, and WHEREAS, the State Department of Conservation and Economic Development, Division of Litter Control, has approved an award in the amount of $15,507, for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COLINCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA: That funds available under the Virginia Litter Control Act be accepted and appropriated, for tlie following purpose: Estimated Revenue Total From Other Agencies Appropriations Clean Co=unity Systela Program $15,507 @15,507 That the appropriations be financed by $15,507 Estimated Revenue from the StaLe Department of Conservation and Economic Development. First Reading: April 10, 1.978 Second Reading: Aprj,l 17, 1978 ITEM @l@-608 On motion by Councilman Croriwell, seconded by Councilman @,leCoy, and 'v)y recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cro well, Jr., George R. Ferrell, John R. Griffin, @layor Claronce A. Holland, J. Henry @IcCoy, Jr., Councilwoman Aleyera E. Obern orf, J. Curtis Payne, Roger L. Piiggs, Vice Mayor Patricl@ L. Standin@r, @ind Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second readin-I the foll.owing ordillance to accept a grant totalin.- $23,216 fror@i the Division of Justice and Crime Prevention and to appi,o,,)riate tiaese funds alon,, with an ai@ouiit of@ $1,222 for a Juvenile PJan Coordinatc)l,- AN ORDINANCE TO ACCEPT@A GRANT TOTALLING $23,216 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS ALONG WITH AN AMOUNT OF $1,222 FOR A JUVENILE PLAN COORDINATOR WHEREAS, the Council of the City of Virginia Beach, on May 2, 1977, did approve a grant from the Division of Justice and Crime Prevention (DJCP) for a Juvenile Plan Coordinator Program to implement the City's Comprehensive Juvenile Delinquency Prevention and Control Five Year Plan; and WHEREAS, the City wishes to continue this program; and WHEREAS, the DJCP has awarded the City a grant for the second year's funding of the program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the grant be accepted and appropriated for the following purpose: Estimated Revenue Local Total From Other Agencies @4atch Appropriation Juvenile Plan Coordinator $23,216 $1,222 $24,438 That the appropriations will be financed by $23,216 estimated revenue from the DJCP, and a local share of $1,222 to be transferred from the Reserve for Contingencies - Regular. FIRST READING: -April 10, 1978 SECOND READING: April 17, 1978 Adopted by the Council of the City of Virginia Beach on the I 7th day of AI)ril , 1978. 4 / 1 7 / 7 8 - 8 - ITEM On motion by Councilinan Cromwell, sec nded by Councilman McCoy, and 'by recorded vote as foll.o@vs: Ayes: Councilmen Jolan A. -oauni, Robert B. Cromwell, Jr., Georg-e R. Ferrell, John R. Griffin, @layor ClLrence A. Hollanrl, J. Henry McCoy, Jr., Councilwoman ileyera E. Oberndorf, J. Curtis Payne, Ttoger L. Riggs, Vice @layor Pttrick L. Standinp, ,ti-id Flovd ,F. @,laterfield, Jr. Nays: 'qone Absent: None City Council voted to approve the following ta,@- refuncts in the amolint of $93.56: 6 TAX TYPE TICKET EXO-@\ER-k- DA,,: E NA@ YF@ -Or TAX @,LBER TION @O. P-ID It"T. TOTAL e & Salzberg, Inc. 1975 RE1/2 19065 6-10-75 2-.25 2/2 12-5-75 2.25 1976 R@,1/2 19834 6-10-76 2.18 2/2 11@-26-7-6 2..18 1977 'EI 20266 6-2-77 2.20 6s J. Miller 1978 CD 122966 1-20-78 7.50 A..& P. F..Heerbraiiltl978 CD 14091 1-9-78 7.50 hy Miller 1978 CD 134244 2-3-78 .,7.50 r-y S.-Armstrong 1978 CD 11387 1-10-78 7..50 es G.Osterri.eder 1978 CD 13429 1-13-78 7.50 tis May 1978 CD 69401 1-24-78 1.50- 6ph J. Paige 1978 CD 69016 1-23-78 7.50 eline V. Beiter 1978 CD 2193 1-24-78 7.50 M. & M; W. Murphy 1978 CD 28@19 1-12-78 15.09 ol L. Jowers 1978 CD 134452 2-7-78 7.50 The Pbol4 abatement(s) totaling were appro-,7ed by the Counc!ll of tlie Citr of 'Virginia Beach on the day of It", Approveil a orm- rk i n B:Cmson, ci:ty ttlorney - 9 - ITEM #12010 On mo-Lion by Councilman Cromivell, seconded by Councilman ?@,IcCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffili, Mayor Clarence A. @@lolland, J. lienry AlcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standinp,, tnd Floyd E. Waterfield, Jr. Nays: lione Absent: None City Council voted to approve the following Bingo/Paffle Permits: Arrowhead Recreation Association Raffle - Renewal King's Daughters Sea Sprite Circle Raffle ITEtl #12011 On motion by Councilman Riggs, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Crorflwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwo-man Nleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E. @@'iaterfield, Jr. Nays: lqone Absent: None City Council voted to approve on first reading, the follolving ordinance to appropriate funds for the replacement of the Boardwalk Trains: 4/17/78 I'll 10 iki)PROPt@ATI. FUNDS FOR TTIE REPLACEMENT Of,' THE BOARD- @4ALK TRAINS WHEREAS, the Boardwalk Train Operation is important in alle- viating traffic in the Beach Borougli during the tourist season, and WHEREAS, fares collected in past Years by this operation have more than offset the operating costs, and therefore, added to the City's surplus, and WHEREAS, the trains have deteriorated leyond economical repair and therefore need to be replaced, and WHEREAS, the appropriations placed in the 1979 fisal year budge@ for this replacement will not be available ntil JLlly 1, 1978, and WHEREAS, ordering LI)e new trains aL ttiis time will av,id the necessity to spend $16,500 to repair the existing trains for operation during May and June of 1973, and WHEREAS, if the trains did not operate during those months the City would lose and estimated $7,700 in revenue and create an inconvenien,, to Lhe totirist poplilation, NOW, THEREFORE, BE IT ORDAINER) B@ TPF COU\'CIL OF@ THE CITY OF OF VIRGINIA BEACH: That funds in the amount of $40,500 be appropriated from unappropriated surplus to the Boardwalk Trains Division and thal: 1. funds in the amount of $46,528 shown in the 1979 fiscal year operating budget as a transfer from the General Fund to the Boardwall@ Trains Enterprise Fund, be transferred to Reserve for Contingeiicies 2. appropriat4ons in the amount of $50,000 be reduced from the Boardwalk Trains operating budget for fiscal year 11)79 First Reading April 17, 1978 Second Reading Adopted by the Council of the City of Virginia Beach on the day of 1978. 4 1 7 7 8 ITE@i @-12012 On motion by Councilman Baum, seconded by Councilman Watertield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Rc)bert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @layor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Obernclorf, J. Curtis Payne, Roger L. Ri.-gs, Vice '-,Iayor P@itrick L. Stanclin , Lnd Floyd E. Waterfield, Jr. liays: None Absent: None City Council voted to adopt the follo@ving resolutioii certifying tliat a full accounting and final settlement of City funds as of Deceinber 31, 1977, has been made by V. Alfred Etheridge, the former Treasurer of the City of Virginia Beacii: The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building of the City of Virginia Beach, Virginia on the 17 day of i-i , 1978. On motion by coullcilman Baum and seconded by CC)uncilman Waterfield the following Resolution was adopte . R E S 0 L U T I 0 N WHEREAS, V. Alfred Etheridge has filed a petition with the Circuit Court of the City of Virginia Beach; and WHEREAS, this petition requests that he be discharged from liability as the former Treasurer of the City of Virginia Beach; and WHEREAS, Section 58-933 of the Code of Virginia, as amended, provides in pertinent part that before publication, a certificate from the Council of the City of Virginia Beach shall be obtai'led concerning final settlement of his account as Treasurer and the proper accounting for and turning over all monies or other property, including the tax tickets for the current year 'Uhat had or should have come into his hands as such Treasurer; and WHEREAS, there has been an audit by A, Lee Rawlings & Company and this audit reflects that the account of the fornier Treasurer is in order. THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach does hereby certify that a full accounting and final settlement of City funds as of December 31, 1977, has been made by V. Alfred Etheridge, the former Treasurer of the City of Virginia Beach, whose tenil expired oil Dpc.pmber 31, 1977. 4 / 1 77 8 - 1 2 - ITEM #12013 On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vc)te as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Griffin, Nayor Clarence A. Holland, J. Henry @,leCOY, Ferrell, John R. oger L. Jr., Coulicilwoman Meyera E. Oberndorf, J. Curtis Payne, R Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. lays: None ,q Absent: None City Council voted to approve the drafting of a resolution of appreciation to be presented to V. Alfred Etheridge, former City Treasurer. ITE@l #12014 On motion by Councilman Riggs, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A, Baum, Robert B. Cromwell, Jr., ceorge P,. Ferrell, John R. Griffin, ilayor Clarence A. Ilolland, J. Henry NICCOY, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standinp--, and Floyd E, Waterfield, Jr. Nays: None Absent: None City Council voted to approve the followinf,- ordinance to authorize a temporary encroachment into a portion of the right-of-way of 16th Street: 4/17/78 - 1 3 - Requested by: Public 14orks Director/City Manager AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROAC@IMENT INTO A PORTION OF TIIE RIGHT-OF-WAY OF 16TH STREET BE IT ORDAINED BY TH.E 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, John D. Mitchell, and N. P. Simpson, III, owners of Alamar Apartments in Virginia Beach, Virginia, are authorized to erect and maintain a temporary encroachment in the City right- of-way of 16th Street. That the temporary encroachment herein authorized is for the purpose of erecting a sion for Alamar Apartments, and that said sign shall be erected in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location. PROVIDED, HOWEVER, that the temporary encroachment herein authorized will terminate upon notice by the City of Virginia Beach to the owners of Alamar Apartments, and that within ten days after such notice is given, said sign will be removed from the City right-of-way of 16th Street by theowners of AlamarApartments, their agents, or employees and that said owners shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that said owners of Alamar Apartments will indemnify 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 sign. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of April 1978. MES:kg 4/6/78 4 / 1 7 / 7 8 ITEI,l #12016 Petition of Michael W. McQuillis for a Chanqe of Zoning District Classi- - @ n fication from R-7 Residential Distric to R-8 Residental Dstric certain property located on the North side of Terrace Avenue beginning at a point 315 feet West of Mediterranean Avenue, running a distance of 105 feet along the North side of Terrace Avenue, running a distance of 100 feet more ot@ less along the Western property line, running a distance of 120.35 feet along the Northern property line and running a distance of 100 feet along the Eastern property line. Said parcel coritains .25 acre. VIRGINIA BEA'@H BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to deny this request. It was felt that approval of zoning to allow duplex development would be inappropriate in this area. The followin-- appeared in opposition to this petition: Mr. Alton L. Butt, past loresident, Shadolvlawn Civic Le -uc Mr. Thomas Harp, president, Shadowla@vn Civic League On motion by Vice @layor Standing, seconded by Councilman Riggs. and by recorded vote as follows: Ayes: Councilnien John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @@layor Clarence A. Holland, J. Ilenry ivIeCoy, Jr., Councilwoman @,,Ieyera E, Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mavor Patrick L. Standing, and Floyd E. @Vaterfiel.d, Jr. Nays: Noiie Absent: -iqone City Council voted to deny the above I)etition of ,,Iicliael IV. TIcQuillis for a n e of Zoning District Classification from R-7 Residential District to -@ Residential Distri.et on certain property located on the T@orth side of Terrace Avenue beginnin,, at a point 315 feet @,@'est of Mediterranean Avenue, runnilig a distance of 105 feet along tlie Nc)rth side of Terrace Avenue, running a distance of 100 feet more or less along the Western property line, running a distance of 120.35 feet along the Northern property line and runnin a distance of 100 feet along the Eastern propert@7 line. Said parcel contains .@-5 acre. Virginia Beach Borougli. The petition was denied as it was felt that the approval of a duplex development would be inappropriate i.n tiais area. 4 / 1 7 / 7 8 - I @ - ITEM #12017 Petition of Virginia Beach Holding Corporation for a Change of Zoning District Classification from R-6 Residential District to A-3 Apartment l@strict on certain property located on the East side of Birdneck Road beginning at a point 100 feet South of Flemirig D@-ive, running a distance of 186.2 feet along the East side of Birdneck Road, running a distance of 195 feet in an Easterly direction, running a distanc(, of 1,43.8 feet in a Southerly direction, running a distance of 14@ feet in an Easterly direction, running a distance of 99.4 feet in a Northerly direction, running a distance of 85.9 feet in an Easterly direction, running a distance of 22.1 feet in a Northerly direction, running a distance of 34-43 feet in a Westerly direction, running a distance of 40 feet in a Nc)rtherly direction, running a distance of 178 feet in a Westerly direction, running a distance of 194.72 feet in a Northerly direction and running a distance of 225.17 feet in a Westerly direction. Said parcel is 4rregular in shape and contains 1.49 acres. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for the motion, 1 against and 1 abstention to approve this request with a modification to A-2 Apartment District. For the information of the applicant, prior to the initiation of the intended use of the land, the follow@ng will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 4 1 7 7 8 Very truly yours, R. Dean Chairman RDL/Igw ITE@,l @12615 Retition of Bernice J. Heuser for a Change of Zoning Distr Classification from R-3 Residential District to R-4 Residential District on certain property located at the Northwest intersection of Jack Frost Road and Lake Shore Road, running a distance of 167.40 feet along the West side of Jack Frost Road, running a distance of 176.85 feet along the Northern property line, running a distance of 200 feet along the Western property line and running a distance of 110.77 feet along the North side of Lake Shores Road. Said parcel contains .7 acre. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Cornmission by a recorded vote of 11 to deny this request. it was felt that approval would constitute spotzoningand is not compatiblewith thesurrouiidingdevelopment pattern. @irs. Bernice fieuser appeared regarding the petition Mrs. Sara Leon appeared in opposition. On motion by Vice Mayor Standing, secondod by Councilman Rig-s, and by recorded vote as follows: Ayes: Councilmen Jolin A. Baum, George R. Ferrell, John R. Griffin, Alayor Clarence A. Ilolland, J. Ilenry McCoy, Jr., Council@vomLn @leyera E. Oberndorf, J. Curtis Payne, Roger L, Riggs, Vice @,layor Patrick L. Standing, and Flc)vd E. Waterfield, Jr. Nays: None Abstain: Councilnian Robert D. Crom@vell, Jr. Absent: None City Council voted to deny the above petition of Bernice J. Heuser for a Change of District Classification from R-3 Residential DistriTt t-o -@4 P%eside tial District on certain property located at the @@orthwest intersection of Jack Frost Road and Lake Shore Foad, running a distance of 167.40 feet along the Y@est side of Jael: Frost Road, running a distance of 176.85 feet along the -Northern property line, running a distance of 200 feet along the Western property line and running a distance of 110.77 feet along the -North side of Lake Shores Road. Said parcel contains .7 acre. Dayside Borough. The petition was denied as it @vas felt that it would constitute spotzonin.-and is not compatible witi-, Lhe, surroundin[,, (levelopinent pattern. 4 / 1 7 / 7 8 @ir. John S. Wall.er, Builder, reiresented the petitioner -17- On motion by Councilmaii Griffin, seconded by Vice @layor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cropiwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and Floyd E. 1,aterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Virginia Beach Ilolding Corpor,,ttion for a Change of ZoninF4 District Classification from R-6 Residential District o A-2 Apartment District (modified from A-3 Apartment District): ORDI@4A!;CE UPON PETI-IION OF VIRGINIA BEACH HOLDING Z0478339 CORPORATIO@@ FOR A CHANGE OF ZONTNG DISTRICT CLASSIFI- CATION FROM R-6 Residential District TO A-2 Apartr@ient District (modified from A-3 Apartment District) BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Virginia Beach Holding Corporation for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District (modified from A-3 Apartm(,nt District) on certain property located on the East side of Birdneek Road beginnin- at a point 100 feet South of Fleming Drive, running a distance of 186.2 feet along the East side of Birdneck Road, running a distance of 195 feet in an Easterly direction, running a distance of 143.8 feet in a Southerly direction, running a distance of 147 feet in an Easterly direction, running a distance of 99.4 feet in a Northerly direction, running a distance of 85.9 feet in an Easterly direction, running a distance of 22.1 feet in a Northerly direction, running a distance of 34.43 feet in a Westerly direction, running a distance of 40 feet in a T@ortherly direction, running a distance of 178 feet in a Westerly direction and running a distance of 194.72 feet in a Northerly direction and running a distance of 225.17 feet in a Westerly direction, Said parcel is irregular in shape and contains 1.49 acres. Lynnhaven Borough. For tlie information of the applicant, prior to th(@ initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by tbe Site Plan Ordinance. 2. City water and sewer This ordinance shall be effective upon date of adoption. Adopted by the Couneil of the City of Virginia Beach, Virginia, on the 17th day of April 1978 4/17/78 ITEAT ;-1201@,' @Petition of Irene P. Richardson, Executrix of the Estate of Mary Virginia Pallett, for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certa4ln property located at the Northeast corrier of Old Virginia Beach Road and Birdneck Road, running a distance of 210 feet rrore or less along the North side of Old Virginia Beach Road, running a distance of 103.5 feet along the Eastern property line, running a distance of 181.25 feet along the Northerri property line and running a distance of 61.5 feet along the East side of Birdneck Road. Said parcel contains .30 acre more or less. LYNNIHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 10 for the motion and I abstention to approve this request with a modification to 0-1 Office District. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. .Alr. John Parker represented the petitioner On motion by Councilnian Griffin, seconded by Councilman @iaterfield, and by recorded vote as follows: Ayes: Councilnien John A. Baum, Robert B. Croniwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry @IcCoy, Jr., Councilwoman AIeyera l,. Oberndo.-f, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patricl@ L. Standin-, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Irene P. Richardson, Executrix of the 2@state of @,lary Virl-inia Pallett, for a of Zoning District Classification from R-6 Residential District to B-2 Commuiijty-Business District: ORDINANCE UPON PETITION OF IRENE P. RICHARDSON, Z0478@ EXECUTRI'@' OF THE ESTATE OF @,IARY VIRGI14IA PALLET-, FOR A CliA@@GE OF ZO.NI@'@G ')ISTRICT CLASSIFICATIO.'@ FRO@,l R-6 Residential District TO B-2 Cornmunity- Business District BE IT ORDAII@ED BY THI@' @-OUINCIL OP TIJE CITY OF VIR@GINIA BEACH, VIRGI141A, THAT: Petition of Irene P. Richardson, Executrix of the Estate of i,lary Virginia Pallett, for a Change of Zoning District Classification from P,-6 Residential District to B-2 Community-Busin ss District on certain pr-operty loc-ated on the Northeast corner of Old Vir-l-inia Beach Road and Birdn('.ck Roaci, running ,i, distance of 210 feet more or less aloiig Lhc, North side of Old Vi.rginia Beach Road, i-unnin,, a distance of 103.5 feet along tlie Eastern Droperty line, running a distance of 131.9-5 feet alon,- -,he Northern pi,operty line and running a distance of 61.5 feet @Llon,,,, the East side o@E Birdneck Road. Said parcel contains .30 acre more or less. l,ynniiaven Borough. For the information of tile appli.cant, i)rior to tl-ie initiation of the intended use of the land, the follo@@,ing will be required by the administrative staff: 1. Standard improvements as requirecl I)y the Site Plan Ordinance. 2. City water and sewer. This ordinance shall be effective @ipon clate of ,tcloption. Adopted by tlie Council of the Citv of Vir-i.iiia Beacl), Viri,inil, ITE@.1 1-1201@9 Application of Sav-A-Ton, Inc. , a Georgia Corporation, for a Conditional Use Permit for an automobile service station on certain propert located on the North side of Holland Road beginning at a point 210 feet more or less East of Washington Avenue, running a distance of 181 .98 feet along the North side of Holland Road, running a distance of 186.77 feet along the Eastern property line, running a distance of 267.88 feet along the Northern property line and running a distance of 214.05 feet along the Western property line. Said parcel contains 1.026 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for the motion and 2 against to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Stardard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 4. Two curb cuts are to be allowed on Holland Road, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. S. One curb cut with a maximum width of 35 feet is to be allowed on the proposed street along the eastern property line. 4 1 7 7 8 Very truly yours, e@L@@ Chairman RDL/lgw .@Ir. Donald It. Rliodes, Ati.orney, repy,esc,,til.ed the 1)(@titioner On motion by Councilman Payne, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Cieorge P. Ferrell, John R. Griffin, @layor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the fol.lowingresolutionupon al)plication of Sav-A-Ton, Inc., a Georgia Corporation, for a Conditional Use Permit for an automobile service station: RESOLUTION UPON APPLICATION OF SAV-A-TON, I'@4C., R0478172 A GEORGIA CORPORATION, FOR A CONDITIONAL USE PER@,IIT for an automobile service station BE IT RESOLVED BY THE COU'QC!L OF TIIE CITY OF VIRGI,@IA BEACII, VIRGIiNIA, that: Application of Sav-A-Ton, Inc., a Georgia Corporation, for a Conditional Use Permit for an automobile service station on certain prope@t@iocated on the North side of Holland Road beginning at a point 210 feet more or less East of VVashington Avenue, runnin- a distance of 181.98 feet alon.- the North side of Holland Road, running a distance of 186.77 feet along the Eastern property line, running a distance of 267.88 feet along the 14orthern property line and running a distance of 214.05 feet along the Western property line. Said parcel contains 1.026 acres. Princess Anne Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the followinl- will be required by the administrative staff: 1. Standard irnprovements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 4. Two curb cuts are to be allowed on Holland Road, provided each is a maximum of 24 feet in width and marked appropriately for in-only and out-only traffic. 5. One curb cut witli a maximurn width of 35 feet is to be allowed on the proposed street along the eastern pro- perty line. 6. After the hydraulic study, the developer wili be required t6 pay his proportionate share for the pipilig of the ditch along the.Western property line. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beacii, Virginia, on tlie 17tli day of pril 1978. 4 / 1 77 8 ITE@L --12020 Application of Harry E. and Barbara P. Thorns for a Conditional Use Permit for a riding academy, and horses for hire and boardi ng on certain property located on the North side of Landstown Road beginning a" a point 821.04 feet East of Salem Road, running a distance of 293.78 feet along the North side of Landstown Road, runnirig a distance of 758.25 feet along the Eastern property line, running a distance of 299.03 feet along the Northern property line and running a distance of 774.41 feet along the Western property line. Said parcel contains 5 acres. PRINCESS ANNE BOROUGH. Planning Comrnission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the i'nitiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordiance. 2. An approved water supply. 3. Restroom facilities for patrons. 4. Compliance with Article 2, Section 234 of the Comprehensive Zoning Ordinance pertaining to Riding Academies. 41 77 8 Very @ruly yours, Dea@Lee Chairman RDL/Igw COUNCILMAT@ CRO@,IWELL LEFT CHAMBERS 2 2 On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry AIcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council voted to adopt the following resolution upon application of liarry E. and Barbara P. Thorns for a Conditional Use Permit for a riding academy, and horses for hire and boarding: RESOLUTION UPON APPLICATIO14 OF IJARR" E. AND R0478170 BARBARA P. THORNS FOR A CONDITIONAL USE PER,@IIT for a riding acader@iy, and horses for hire and boarding BE IT RESOLVED BY THE COUNCIL OF TITE CITY OF VIRGINIA BEACH, VIRGINIA, that: Application of Harry E. and Barbara P. Thorns for aConditional Use Permit for a riding acadeniy, and horses for bire and boarding on cer- tain property located on the North side of Landstown Road beginning at a point 821.04 feet East of Salem Road, runnin,-, adistance of 293.78 feet along the North side of Landstown Road, running a distance of 758.25 feet along the Eastern property line, running a distance of 299.03 feet along the Northern property line and running a distance of 774.41 feet along the Western ])roperty line. Said parcel contains 5 acres. Princess Anne Borough. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. An approved water supply. 3. Restroom facilities for patrons. 4. Compliance with Article 2, Section 234 of the Comprebensive Zoning Ordinance pertaining to Riding Academies. This resolution shall be effective ui)on date of adoption. Adopted by the Council of the City of Virginia Beach, Vi.rginia, on tlie 17th of April 1978. 4/17/78 ITE@i #12021 Application of Hoyt Freeman for a Conditional Use Permit for an automobile service station and car wash on certain propertv located at the Southwest intersection of South Lynnhaven Road and Bow Creek Boulevard, running a distance of 200 feet along the South side of Bow Creek Boulevard, running a distance of 200 feet along the East side of Carriage Hill Road, running a distance of 200 feet along the Southern property line and running a distance of 200 feet along the West side of South Lynnhaven Road. Said parcel contains .92 acre. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 4. No water shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 5. Parking at a ratio of 3 spaces for eacii car wash space within the facility. 6. A dedication of right-of-way 45 feet from the centerline of the existing variable right-of-way along the 200 foot frontage on South Lynnhaven Road (a variable de@ication). 7. A landscaped buffer along the western property line. 8. Only one curb cut will be allowed on Bow @lreek Boulevard. 41 7 7 8 Very,truly yours, Chairman RDL/lgw COUNCIL@,IA@@ CP@OIT1/2VELL TO -2 4- Mr. Tim Barrow represented the petitioner ldrs. Reba McClanan also appeared regarding this application. On motion by Councilmall Payne, seconded by Councilman McCc)y, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, @layor Clarence A. Ifolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Water:field, Jr. Nays: None Absent: None City Council voted to adopt the following resolution upon application of Hoyt Freeman for a Conditional Use Permit for an automobile service station and car wash: RESOLUTION UPON APPLICATION OF IFOYT FPIEEi4AN R04781'$f FOP, A CONDI-IIONAL USE PERMIT for an ailtotpobile service station and car wash BE IT RESOLVED BY THE COU'@CIL OF TIIL CITY OF VIRGINIA BEACII, VIRGINIA, that: Application of Iloyt Freeman for a Conditional Use P(,,rmit for a, automobile service station and car wash on certain roperty located at the Southwest intersection of South Lynnhaven Road and Bow Creek Boulevard, running a distance of 200 feet along the South side of Bow Creek Boulevard, running a distance of 200 feet along the East side of Carriage Ifill Road, running a distance of 200 feet along the Southern property line and running a distance of 200 feet along the West side of South Lynnhaven Road. Said parcel contains .92 acre. Princess Anne Borough. For the information of the applicant, Drior to the intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. 4. No water sliall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 5. Parking at a ratio of 3 spaces for each car wash spac-- within the facility. 6. A dedication of right-of-way 45 feet from the Centerline of the existinr variable right-of-way along the 900 foot frontage on Soutli Lynnhaven Road (a variable dedication). 7. A landscaped buffer along the western property line. 8, Only one curb cut will be allowed on Bow Creek Boulevard. This resolution shall be effective upon date of adoption. Adopted by tlie Council of the City of Virginia Beach. Virginia, on the, 17tb day of 11 , 1978. 4/17/78 5 ITDI #12022 Application of the Catholic Diocese of Richmond, per Star of the Sea, for a Conditional Use Permit for a church on certain property located at the Northeast intersection of Painter Lane and Sandbridge Road, running a distance of 1000 feet more or less along the North side of Sandbridge Road, running a distance of 505.44 feet along the Eastern property line, running a distance of 1004.32 feet along the Northern property line and running a distance of 136-56 feet along the East side of Painter Lane. Said parcel contains 7.9 acres. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 11 to approve this request. For the information of the applicant, prior to the initiation of the intended use of the land, the following will be required by the administrative staff: 1. Standard irnprovements as required by the Site Plan Ordinance. 2. Not approved for septic system due to indicated high seasonal water table. 3. The provision of parking area at a minimum of 1 space per 5 seats or bench seating spaces in the main auditorium. 4. A vegetational buffer along the eastern border of this development. 5. A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-o@-way along the 1000 foot frontage an Sandbridge Road (a 15-foot dedication). 6, A dedication of right-of-way 25 feet from the centerline of the existing variable right-of-way along the 136.56 foot frontage on Painters Lane (a variable dedication). 4 / 1 77 8 Very truly yours, e'D eZ@ Chairman RDL/lgw COUNCILMAN WATERFIELD LEFT CHADIBERS -2G- Mr. Robert L. SiluPson, Jr., Attorney, redresented the petitioner 1,,n Payne, seconded by Councilrlan Baum, and by On motion bY Counci recorded vote as follows: rq Robert B. Cro-ell, Jr., Geor-e R. -1 Ayes: Councilmen John A. Bau-, ciarence A. Holia,d, J. Henry AieCOY, Ferrell, John R. Griffin, Mayor Cur,-is Payne, Roger L. Jr., Councilwoman Meyera E. Oberndorf, J. Riggs, Vice Mayor Patrick L. Standing Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council voted to adopt the following resolution upon application of tlie Catholic Diocese of Richmond, per Star of the Sea, for a Con ditional Use Permit for a church: RESOLTJTIOiN UPON APPLICATIOT4 OF THE CATHOLIC R047PI-!W DIOCESE OF RICHNIOND, PER STAR OF THE SEA, FOR A CONDITIOINAL USE PER@,IIT for a church BE IT RESOLVED BY TliE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGIIiIA, that: Application of the Catholic Diocese of Richmond, per Star of tlie Sea, for a Conditional Use Permit for a church on certain property located at the Nllrtheast i-nte sectLOn of Painter Land and Sandbridge Road, running a distance of 1000 feet more or less along tbe North side of Sandbridge Road, running a distance of 505.44 feet along the Eastern property line, running a distance of 1004.30- feet along the Northern property line and runnin-. a distance of 136.56 feet along the East side of Painter Lane. Said parcel contains 7.9 acres. Princess Anne Borough iation of the For the information of the applicant, prlor to the init intended use of the land, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. Not approved for septic system due to indicated high seasonal water table. 3. The provision of parking area at a minimum of 1 space per 5 seats or bench seating spaces in the main auditorium. 4. A vegetational buffer along the eastern border of this development. 5. A dedication of right-of-way 30 feet frori the center- line of the existing 30 foot right-of-way along the 1000 foot frontage on Sandbridge Road (a 15-foot dedication) 6. A dedication of right-of-way 25 feet from the centerline of the existin-. variable right-of-way along the 136.56 foot frontage on Painters Lane (a variable dedication). @@@his resolution shall be effective upon date of adopti-on. Adopted by the Council of the City of Vir,..-inia Beach, Virginia, on the 17th day of I 1978. 4/17/78 ITE@l @12023 Application of Carolynn R. Berner for a Conditional Use Permit for a home occupation (babysitting) on certain property located on the East side of South Fir Avenue beginning at a point 965 feet South of Bonney Road, running a distance of 155.02 feet along the East side of South Fir Avenue, running a distance of 293.44 feet along the Southern property line, running a distance of 148.91 feet along the Eastern property line and running a distance of 303 feet along the Northern property line. Said parcel contains 1 acre more or less. KEMPSVILLE BOROUGH. Planhing Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 7 for the motion, 2 against and 2 abstentions to deny this request. It was felt that this requested use is incompatible to the residential area and would be a hazard due to the traffic on South Fir Avenue. COUiNCIL@,@AS WATERFIELD RETURNED TO COUNCIL Mrs. Carolyn R. Berner appeared on this application @Irs. Francis Sebrinah appeared in opposition On motion by Councilman McCoy, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baun, and J. lienry Mc@-oy, Jr. Nays: Councilmen Robert B. Cromivell, Jr., George R. Ferrell, John R. Griffin, T@layor Clarence A. l@@olland, Councilwoman Mey(.'ra E. Oberndorf, J. Curtis Payne, Roger L. Ri,.,gs, Vice Mayor Patricl: L. Standing, and Floyd E. @Vaterfield, Jr. Absent: l@one City Council voted to deny the above application of @-arolynn TI. Berner for a Conditional Use Pertqit for a home occupation (baby- sitting) on certain property ocated on the East side of Sout',-i Fir Avenue beginning at a point 965 feet South o,. Bonne.@, Road, running a distance of 155.00- feet alon,,, the East side of South Fir Avenue, running a distance of 1-93.44 feet along the Soutliern property line, runnin,- a distance of 148.91 feet alon,,,, tiac, Ea t- ern property line and runnin,,, a distance of 1103 reet al,C)n,,,, the .@orthern property line. Said aprcel contains I a@re mol@e or less. Kempsville Borough. This application was denied as it was felt that this use is in- compatible to the residential area and @vould be a hazard due to the t.-affic on South Fir Avenue. 4 / 1 7 / 7 8 - 2 8 - ITEM -'12024 bn motion by Councilman Ferrell, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baurn, ',qo@oert 13. Cror.-iwell, Jr., George q. Ferrell, John R. Griffin, Mayor Cl.arence A. Holland, J. Henry McCoy, Jr., Councilwomtn D.,Ieyera E. Oberndorf, J. Curtis Payne, -oger L. Ri.-gs, Vice i@layor Patrick L. Standing, @Lnd Floyd E. V;aterfield, Jr. Nays: None Absent: None City Council voted to defer indefinitely the following ordinance to amend and reordain Article 1, Section 107 of the Co-mprehensive Zoning Ordinance pertaining to Amendments: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 107 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO AMENDMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 107, Amendments, of the C.Z.O. is amended and reordained as follows: (b) Withdrawal of a petition for amendment may be requested during public hearing. However, if the petition is denied by City Council, substantially the same petition shall not be Een- s4dered filed within one (1) year of denial. For the purpose of this ec@tion, a zoning petition shall be considered to be substantially the same petition when the request is for a district classification that is within the same article as the classification that was previously denied. These provi- sions shall not be held to impair the right of the Planning Commission or Council to p,opose an amendment to the Zoning Ordinance at any time. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1978. 4 / 1 7 / 7 8 .,7 ITE@l @12025 On motion by Councilman Ferrell, seconded by Councilmala Griffin, and @t-y recorded vote as follows: Ayes: Councilmen John A. Daum, Robert 13. Cromwell, Jr., George R. Ferrell John R. Griffin, @layor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman @leyerli E. Oberndorf, J. Curti.s Pl@,ne, Roger L. Ri--gs, Vice Mayor Patrick L. Standin,,,, @ind Fl.oyd E. @Vaterfield, Jr. Nays: Noiae Absent: l@one City Council voted to defer indefinitely the following ordinance to amend and reordain Article 2, Section 220 of the Comprehensive Zoning Ordinance pertaining to Precedural - urements: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 220 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 220, Procedural Requirements, of the C.Z.O. is amended and reordained as follows: (f) Rehearing for conditional use permit. Withdrawal of an application for a conditional use permit may be requested during public hearing however, if the conditional use permit is denied by the City Council, substantially the same ap- plication shall not be FeEOR54defed filed within one (1) year of denial. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1978. 4 / 1 77 8 IT@l '12026 On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Ceorge R. Ferrell, John R. Griffin, Mayor Clarence A. ilolland, J. Heilry AICCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. -iays: None Absent: @None City Council voted to defer for two weeks the follo@ving ordinance to amend and reordain Article 2, Section 201 of the Comprehensive Zoning Ordinance pertaining to Yards: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 201 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO YARDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 201, Yards, of the C.Z.O. is amended and reordained as follows: (f) Provisions to the contrary notwithstandinq, whenever a residential lot has one of its two front yards abutting a ri@ht is desiqnated on the Master Street (90) fe@t or more in width and the required front yard setback is fifty (50) feet or qreater, then the required front yard ad,jacent to that righ the other re feet. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1978. 4 1 7 7 8 - 3 1 - ITEM @12027 COUNCILMAN MCCOY LEFT CHADIBERS On motion by Councilman Payne, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Bauni, Robert B. Cromwell, Jr., George P,. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, Cou)lcilwoman Meyera E. Oberndorf, J. Curtis Payne, roger L. Rig-'s, Vice @Jayor Patrick L. Standing, and Floyd "'. @Vaterfield, Jr. Nays: !4one Absent: Councilman J. IIenry McCoy, Jr. City Council voted to approve the follo@ving ordinance to amend and reordain Article 1, Section 11,1 of the Comprehensive Zoning Ordinance pertaining to Definitions: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION Ill 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: Drive-In Eating and Drinking Establishments. Any eating and drinking establishment fflak4Hg-prev4s4ems encouraging the consumption of food or beverages in automobiles whethef-by-ffieans-of-sery4ee-by persennel-effip4eyed-for-the-pufpeses-er-by-se4f-sefy4ee-and-whether through the use of outside service personnel. This does not include those restaurants which only contain drive-in or walk-up service windows. Adopted by the Council of the City of Virginia Beach, Virginia, on the -17 day of April 1978. 4 / 1 7 / 7 8 COU!iCILil!Al@ "ICCOY RETUR.'@ED TO CIIA@',IBERS @@r. Robert L. Simpson, Jr., Attorney, appeared in favor The following appeared in opposition: Mrs. Jeanette ;Vhite '4r. Andrew D. Bell On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. 13aum, Robert B. Cromwell, Jr., Geor--e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. ienry'@ICCOY, Jr., Councilwonan lleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standin-., and Floyd E. Waterfield, Jr. @Nays: None Absent: None City Council voted to deny the following ordinance to ai-nend and reordain Article 5, Section 561 of the Comprehensi-ve -loning Ordinance pertaining to Use Re ulations: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION 561 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, Section 561, Use Regulations, of the C.Z.O- is amended and reordained as follows: (b) Conditional uses and structures. Conditional uses and structures permitted in the R-6 Residential District and in addition: (1) Two family detached dwellings. (2) In connection with one family detached dwellilig, garage apartments, provided, however, there shall be allowed only one (1) garage apartment per zoning lot. (3) Commercial parking lot. DENIED: April 17, 1978 Adopted by the Council of the CitY of Virginia Beach, Virginia, on the day of 1978. 4 17 7 8 22 iTll'.' 1-12029 -i-i- .@@rs. Ilelen Love a- peared rc,,gardinl- this nlatter On motion by Councilmail @,Vaterfield, ,3econded by Councilmaii Bauni, and by recorded vote as follows: Ayes: Councilmen John A. Bauni, Robert B, -Iromwell, Jr., John R. Griffin, Mayor Clarence A. llolland, J. Henry i@,',cCoy, Jr., j. Curti, Payne, Roger L. Iiggs, Vice @layor Patrick L. Standing, and Floyd E. Waterfield, Jr. @@ays: Councilwoman Meyera E. Oberndorf Abstain: Councilman George R. Ferrell Absent: Iqone City Council voted to approve the following ordinance to amend and reordain Article 4, Section 401(c) of the Comprehensive -@oning Ordinance pertaining to Conditional Uses and Structures: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTION 401(c) OF THE COMPREHENSIVE ZONING ORUINANUL PERTAINING TO CONDITIONAL USES AND STRUCTURES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 4, Section 401(c), Conditional uses and structures, of the C.Z.O. is amended and reordained as follows: (13) Mobile homes, provided that they shall be located on land otherwise used for agricultural purposes, tha @he shall not exceed ten (10) per farm, that they shall be used as shelter for laborers on that farm, and that they shal'I be allowed only on farms greater than two hund ous acres in size, under the sarr,e rshi ; (14) @494 @lonasteries and convents; (15) @;4@ Museums and art galleries vlhen not operated by a public agency; (16) @464 Private schools having academic curriculums similar to public schools; (17) @46@ Public utility transformer stations and major transmission lines and towers (50,000 volts or more); (18) @l7@ 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. (19) @;8@ Recreational campgrounds; (20) @494 Riding acadeniies, horses for hire or boarding; (21) @29@ Storage, offices or maintenance installations for public utilities; (22) @2;@ Television or other broadcasting stations and line-of-sight relay devices; (23) @224 Lodqes for fraternal organizations; (24) @234 Two family detached dwellinos. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1978. 4 / 1 77 8 ADDDaVED AS To Cnmro:fIT - -14 - 2 C) '@', 0 1'r. Artur J. Ne@@toii, Jr. , Lppearc,@d re,,-ardin", tlli@,, On motion by Councilman iiccoy, seconded by Councilman 11,7aterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Croni@vell, Jr., Geor,-,e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry DICCoy, Jr., Councilwoman loeyera -7. Oberndorf, J. Curtis Payne, Ro.-er L. Riggs, Vice Mayor Patrick L. Standin.-, and Floyd E. Ivaterfield, Jr. Nays: '4one Absent: None City Council voted to defer for one week the following ordinance closing, vacating and discontinuing a Sixty (60') Street or Avenue located in the Kempsville Borough of the City of Virginia Beach, Virginia (Ash Avenue): OR.DINI@DTCE liO. AN O!IDINA@ICE DISCONTI'@IUII@G l@, SIITY (60, -I,OGT iTillill-T OR AVE-\IUE LOCI@,T:I'D !N IKEI!PSVII;@@E 11' T7, CITY C)[,' VTR,',!'.\TIq B@.Cill. '@VHEREAS, prooer notice th,-it Artl-,ur J. i@,ewton Jr. and ;,,,-.arg@,.ret H. Nev@ton, would @nake apIDlication to t'-ie -'ity COLdicil of the @'ity of Virginia Beach, Vir,,@inii, to hl,,ve -L@le herei-ii@@fter described undeveloped sixty (6@,11) foot street or --vef@ue closed, vac@,ted and discontinued was duly -oosted; nd @NHEREAS, a,ll the o,,,,iners -tbut@in@, @ _, , -- I -ce@t or boulevard have requebted the --L,icl stree t or u,v(-, iuo to t)o c@ as@d; and vVHEREAS, a,pplication v,,L :,,,,de -@o the Cit,[ Coaffaission a,nd to the Ci-by Council, -1@i-id, pursu@.nt to t@,o ,jtztue,l in --uch cases inade and -provided, the Counc@-1 @,p-poii-ited Vie@,ers ,,iho have re,,,Grted to the Council th@,@@t no inconvenience -@o -,ub-l-ic or to privL'..te individu,,@,ls @vould result from such c@@o,;in-,-, ,-nd discon- tinuance; and NU@V, THEI@ECOfZLO, b-e, it Y@i@ L OL@ VIRGINIA BEACII, VIR@-111,@IIL: Section 1: That the said sixty (0-01) foo-L stri,,') of the belo,,v described street or averue, locfted in th@, Keitpsvil-le Boroui.,',,l of - 3 5 - ,)ortion of th! t cox-t@ i.,- @,4@ 0 r situated iii tlie "o-co ,)f' u@ie @j (@i@ fir, i Li@ .3each, @@)J ft. @Lia ii@ i- @i L i C)i@) L @i,;hich is t-ie coi-,,,,cr al' '[,o" @ll )cL o-@i @,-,i t certL in t cle@,,@ t@-@d ll(,@ . @7. -L , t c is duly recoruc,,d in t'iL@ @, I C', r c i i i- Court of tlie Cit@, of !ir ,(2; c--L, i@ ii p b,@o 70, Lt pa,-,e 7',,' Li@id fr(-,,.@ s@,id oi.i '-@ ol bc@ 0i'tiL E distance of 31@@, ft- to , @oi@it i.i@ 'oit;t.-i-n Li-.ae ol- the Southern t.Ici@)ce @@cr @in nci @iest L;, diEtL.nce of 6,) ft. @uo L @l( runninr, 6outli . di@tzi:ice 01' -,O @,ii ouc, I c i @)@@ed @ortion of is"I .ve. @i-id 6@ --t. 'U- Iii@ ),,i.--t ol beEinnin@,. Sid -ortioii ol ',c, strip 63 I't. iii dj,, ce. I t 6,1, t,---, icte@ r li c:f' Lots 3 thru 16, j)loc@: 3, ,iici i,oil., 2 @-I f;@@l tlie East boi,@n(i@ r@ dc,,,,zi -it@ tl-,@ ve Section 2: @hi t (3@)) copy ot@ tiiis OrdinaiaDe , cc@rtif ied b, tiae I-ei- Le @t:)c)ii t'ttc oublic records in the f,,ice of C)L@ tfle City of Bea,ci@, @3:i(@ ,;d i deed of l@,iad--. This Giil)-l @, @C@ @c). c@l,c,,O @ro-,Fed tiis d,, y of - 3 6 - ITEM 1-12030 Ttr. Artur J. Newton, Jr., appeared regardin,,- tlais closure On motion by Councilman IIcCoy, seconded by Councilman IVaterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Croriwell, Jr., Geor-e R. Ferrell, John R. Griffin, llayor Clarence A. @lolland, J. Henry @IcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, iioger L. Riggs, Vice -@layor Patrick L. Standin,-, and Floyd E. @Vaterfield, Jr. Nays: '@one Absent: None City Council voted to defer for one weel@ the following ordinance closing, vacating and discontinuin@-, a Sixty (C)O') Street or Avenue located in the Kempsville Borou-,h of the City of Virginia Beach, Virginia (Ash Avenue): ;Tl@ @E C@ ii t i,@, c, -,ro@)e. io -nd r ret t,)e @-I oL@ -L ]'i L'-'U-er c IL l@ 1-1 th-- @o @)e (te ie Ii,].! n!7oL! nd to tll-- Ci-,@-@ t; ILd-e Lind ta -'U-hc '-'o@,ic-LI t',-, i o @-1:@c ic or -to LT be it -F e c -u -1 c)i-i @"i, -11 @:f i@(@ c,c 3 7 - t or f@@ t certi i@- @itu@ ted i.@' t' e i@c @i 1-6 Of ;)@j f t. C', t 1)0 --- @L t ;.7"'licli i t e ()7 L e @ t c C-f,@v 'r c :,ot -oc@7 t-l@ t r,@ O., cert@ t cl-@@"i t@cl, "G. @i. 4- 211 , w'@lic:- i,-, @ul recorcied i-n t@le Ic)i@'c' ce of irc-,@it otirt t,, of Tir --i-ni@ 3e@ -p b@)o,- )f G ],e Ci '7'@), @ t of be -@i @nii,@@- (IistL rice c)f 315 f@@-. to -,)oiit i@. @@out@iern @i-ie of the ,out@@err- l@@ ri- -0 tippce, turiin,,,@, 'rd n i-@. -to t-ieyice . : ' ic - ce of 'u t, n I f 'Oo,,.itii , (li@t@ @ice r)f 'uo @revio@@@,LL c.Looec,. ,ortion of @ve. @ 6,) -P-L. st '@-c t',-le -,oi-,t of b@ niii-q@i S@icl- @or-li-oi-. of @-,Ii @-,7e. to 'O-e c,, ccecl to stri--, t. in Cj, ce@@t to ti e ie-@ t-rir,,i 1-6- @loc-@ nC@ 2@ 3@ll @c -;:)@;ve o t 2: t, 3 t co-oir o@@, ,U- Cr(li@i@ c , c@rtif"ect b-Ir t@-e Iie 1 C c o f -,rC@ t@ic,, fj-r,@i-nii 6(,e,@, o-C is G@@!) c.); c C@ @,,lioved @i@ (;y of @ @J7),. Oii ri @, @o ii 1),7 Co @i,icil l@ @i.ii !)y C:0Iiii ]3aum, ind b@, -c,,corcled vot Aycs: CounciliT,.(ii Jo@:i I'lo c,f- Ci-(Dinw(,,Il, Jr., (,eorge R. I,'errell, J,)Iiii fl@. Gi,ifJ-iii, 'it.vc)l, (Ilai,(@)IC(' A. lioll@in(l, J. Henry @IeCoy, Jr., Council.wor-@,i,ii j@@. Ob(,rn(loi,C, J. Ptyne, Rog,-ei- L. c] ill,, inct E'loycl f@:. -@Vttcrfie@ld, Jr. @\@ly,@: -'ione AI)sent Nc)ne Ci"-v Council voted to @il)pr v(@ on firsil- re,,trdin,, tl)e i[ollo@ving ordinance to amend Lnci reordaiii S(,,ction L,3-S tnd 33-9 of the Code of the City of Vir,,,jnia Be@L 11, Vir,-inia, relating to Personal erty -laxes: AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 33-8 AND 33-9 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING To PERSONAL PROPERTY TAXES BE IT ORDAINED BY THE COUNC@IL OF THE CITY OF VIRGINIA BEACH, VTRGINIA: That Sections 33-8 and 33-9 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 33-8. When city taxes due and payable. City taxes on personal property for each year shall be due and payable on or before June I of the year in which the same are assessed. Except when the assessment is made after June 1, the taxes shall be due and payable on or before December I of the year in which the sarie are assessed. Section 33-9, Penalties and interest @,ihen not paid on time. In the event any taxes on personal property are not paid on or before the time the same are due and payable as set forth in Section 33-8, there shall be added thereto a penalty of ten percent of the amount of such unpaid taxes or the sum of ten dollars, whichever shtl reater, and such taxes and penalty shall bear interest at the rate of six percent per annum, coinmencing not earlier than due. The assessment of such penalty shall not be deemed a defense tc a criminal prosecution for failing to make r-Iturn of taxable property as may be required by law. This ordinance shall be effective UPON ITS ADOPTION. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of -1 1978@ Note: See Section 58-847, Code of Virgitiia for authority. FIRST READING: April 17, 1978 - 3 9 - ITE@l #12032 On motion by Councilman McCoy, seconded by Councilnian Baum, and by *recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Jolin R. Griffin, @,layor Clarence A. Holland, J. '@lenry @IcCoy, Jr., Council@,voman Aleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the follo@,iing ordinance to amend and reordain Section 33-3 of the Code of the City of Virginia Beach, Virginia, relating to Real Estate Taxes: AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-3 OF TVIE CODE OF THE CITY OF VIRGINIA BEACH, RE[.ATING TO REA,@ ESTATE TAXES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA- That Section 33-3 of the Code of the City of Vir,ginia Beach is hereby aniended and reordained as follows: Section 33-3. Penalty and interest when ii@stallment not paid on time. In the event any installment of taxes on real estate is not Qaid on or before the time the sanie is due and payable as set forth in Section 33-2, there shall be added thereto a penalty of ten percent of the amount of such unpaid installment or the sum of ten doll-ars, whichever sha-1-1 be qreater, and such installment and penalty sliall beai@ interest at th,- rate of six percen' per annum, comriencinq not earlier-tha@i the first day of the iiionth follo,,,ing the montl) such taxes are due. The assessment of such penal@ly shall not be deenied a defeiise to any criminal prosecutioii for fai-ling to n@ake ret[)@-n of taxable property as mav be required by law. This ordinance shall be effective UPON ITS ADOPTION Adopted by the Council of the Ci,Y of Virginia Beach, Virginia, on the day of 1978. F@IRST READING: -AiDril 17. 1978 SECOND READING: 4 1 77 8 -4 0 - ITEM #12033 Mrs. Beverly Woodhouse, rel)resenting tile Concerned Citizens of Virginia Beach, as well as the Virginia Beach Branch of the NAACP, addressed Council concerning the eviction notices given tenants in the Beach Towne Apartments. @,lrs. Woodhouse noted that persons in suCh circumstances had no place to rflove to as Virginia Beach does not have a low-income subsidized housing authority, such as other areas. In this matter concerning the evictions @Irs. '@Voodhouse was told to refer to the Virginia Beach Social Services Department. it was indicated that the neivly established Virginia Beach Community Development Commission will be helpful. Nlr. James Bailey a local resident and member of the ITAACP reiterated the statements made by Mrs. Woodhouse and urged the Council to take ir.imediate action to provide proper housing for the low-income segment of our society. ITEM #12034 Mr. Bruce Challen, a resident of Acredale, submitted petitions signed by residents requesting the installation of sewerage facilities which had been in "process" for many months. It now appears that the streets have deteriorated to such an extent that they will require extensive repairs even before they are torn up to install tlie new sewer mains. Relief from torn up streets and niuch needed sewers are requested by the residents in Acredale. ITET,T '@'12035 On motion by Councilman Ferrell, seconded by Councilman Baum, and by unanimous vote, the meeting adjourned. Richa City Clerk ayo, re City of Vir.-inia Beach, Virginia April 17, 1978 h 4/17/78