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HomeMy WebLinkAboutMARCH 21, 1977 CITY OF VIRGINIA BEIC MUNICIPAL CENTER VIRGLNIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y,id@ B.,@.gh HENRY M,Coy, I,, D.D.S., K@.p@@ill@ B.,..gb VICE MAYOR PATRICK L, STANDING, Al L.,g@ MEYERA E. OBERNDORF, Al L.,@ JOHN A. BAUM, BI.,k@.,,, B@,..,h J. CURTIS PAYNE, P,i@,@,, A.@@ Bo,.@,b ROBERT B. CROMWELL, J,., A, ROGER L. RIGGS, Vi,gi.i. fl@.,b B.-.,b GEORGE R. FERRELL, Al L.,g@ FLOYD E. WATERFIELD, I,., P@@g. B@,..gb JOHN R. GRIFFIN, Ly-b.,,,@ B.,@.gb A G E N D A RICHARD 1. WEBBON, Cily Cl,,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, March 21, 1977, for the purpose of conducting public business and will hear and act upon the fo lowing items: 1. Call to order by the 14onorable Clarence A. Holland, Mayor, in the Council Conference Room. 2. Roll Call of the Council. 3. Motion and Roll Call to recess into Tnformal 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 the Reverend J. Alton Butts, St. Marks A. M. E. Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. S. Roll Call of the Council. 6. Minutes of the Regular Meeting of March 14, 1977 to be presented for approval and acceptance. 7. Ttems for Second Reading: a. City Council is requested to approve on second reading an ordinance to appropriate funds totaling $12,837 to establish a Virginia Alcohol Safety Action Program for the City of Virginia Beach, Virginia. 8. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Charles J. Hayes, Sr. and Jean B. Hayes for a Change of Zoning District Classification from R-S Residential District to B-2 Community Business District on 13.5-acre parcel located on the west side of First Colonial Road, south of Wolfsnare Road (Lynnhaven Borough). 9. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of The flado Develop- ment Corporation for a Change of Zoning District Classification from B-2 Community Business District to A-4 Apartment District on a 5.376-acre parcel located on the south side of Old Virginia Beach Road, east of Realty Avenue in the Oceana Gardens area (Lynnhaven Borough). I 10. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Baylake United Methodist Church for a Conditional Use Permit for a church and educa- tional building on 1.72-acre more or less parcel located at the north- west corner of the intersection of Shore Drive and Treasure Island Drive in the Baylake Pines area (Bayside Borough). 11. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an Ordinance to amend and reordain Article 2, Part C, Section 224 (a) of the CZO pertaining to automobile service stations. 12. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the following amendments to the CZO: a) An Ordinance to amend and reordain Article 3, Section 301 (c) of the CZO pertaining to use regulations for outdoor recreational facilities within the Preservation District. b) An Ordinance to amend and reordain Article 4, Section 401 (c) of the CZO pertaining to use regulations for outdoor recreational facilities in the Agricultural District. c) An Ordinance to amend and reordain Article S, Section 501 (c) and 581 (c) of the CZO pertaining to use regulations for outdoor re- creational facilities in the R-1 and R-9 Residential District. d) An Ordinance to amend and reordain Article 6, Section 601 (c) of the CZO pertaining to use regulations for outdoor recreational facilities in the A-1 Apartment District. e) An Ordinance to amend and reordain Article 7, Section 701 (c) of the CZO pertaining to use regulations for outdoor recreational facilities in the H-1 Hotel District. f) An Ordinance to amend and reordain Article 9, Section 911 (c) of the CZO pertaining to use regulations for outdoor recreational facilities in the B-2 Community Business District. 13. Letter from the City Manager recommending that City Council approve an Ordinance to amend and reordain Section 6-33 of the Code of the City of Virginia Beach, Virginia, relating to surfing. 14. Letter from the City Manager recommending that City Council approve the request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the amount of $755.36. 15. Letter from the City Manager recommending that City Council approve the following Bingo/Raffle.permits: Bayside High School Track Parents Booster Club Red Wing Lake Women's Golf Association Woodstock Recreation (Renewal) 16- bld business, deferred from the previous meeting, including any report of the Mayor or committees named by Council. 17. New business, including any presentations by Council Members, citizens, and organizations. 18. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGIT4IA 132ACII, VIRGINIA March 21, 1977 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by llayor Clarence A. llolland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, March 21, 1977, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, PAayor Clarence A,. Holland, J. Ilenry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Pa@ne, Roger L. Riggs, and Floyd E. Waterfield, Jr. Council Members absent: Vice Mayor Patrick L. Standing* ITEM #10578 Mayor Holland entertained a motion to permit the Council to conduct an informal discussion to be followed by an Executive Session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, deniotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of tlie condition, acquisition or use of real property for public purpose, or other disposition of publicly lield property. 3. Investing of Public funds where competition or bargaining are involved where, if r@lade public initially, the financial interest of the governing unit would be adversely affectecl. 4. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or Potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Croriwell, Jr., George R. Ferrell, John R. Griffin, Iv@layor Clarence A. Ilolland, J. Henry @IcCoy, Jr., Councilwoman Aleyera E. Oberndorf, J. Curtis Payne, Roger L. Iliggs, and Floyd E. Waterfield, Jr. Nays: None Absent: Vice Mayor Patrick L. Standing City Council voted to proceed into Executive Session following the informal discussion. *Vice Mayor Standing entered meeting at 1:23 p.m. ITEM #10579 The City Manager stated at the informal meeting that due to the new "Farmette Policy" that's in effect in Chesapeake and Virginia 3eacil, he was going to show a film on septic tanks and how they should be used and regulated. Doctor Crawford stated that the film about to be shown is a recent one and most of the homes shown are in Virginia Beach. It was also noted that 49% of the citizens in Virginia Beach have septic tanks so it is vitally important that the City understand the problems involving these septic tanks. ITEM #10580 The City Manager stated that during the congested periods on the boardwalk the bike riders and the pedestrians seem to be intolerant of each other. Many beaches to the north of us have regulated the bicycle traffic and prohibit bike riding during congested periods on the boardwalk such as 10:00 a.m. to 5:00 p.m. The CIP includes a bicycle trail to be constructed on the boardwalk in 1980-81, costing approximately $135,000. The Planning Department estimated that some 200,000 bikes are on the boardwalk each summer. Councilman Cromwell asked if there had been any accidents on the boardwalk between a bike rider and a pedestrian, and if there had been the number of accidents could be used as a guideline to limiting the hours bicycles are allowed on the boardwalk. ITEM #10581 At 2:15 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. Henry llecoy, Jr., Council- woman Aleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend J. Alton Butts, St. Marks A.M.E. Church, followed by the Pledge of Allegiance. ITEM #10582 On motion by Councilman Ferrell, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry 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 approve the minutes of the regular meeting of March 14, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy of the subject minutes. ITEM #10583 On motion by Councilman Waterfield, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, 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 approved on second reading the following ordinance to appropriate funds totaling $12,837 to establish a Virginia Alcohol Safety Action Program for the City of Virginia Beach, Virginia: AN ORDINANCE TO APPROPRIATE FUNDS TOTALLING $12,837 TO ESTABLISH A VIRGINIA ALCOHOL SAFE- TY ACTION PROGRAM FOR THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the Council of the City of Virginia Beach is interested in establishing a Virginia Alcohol Safety Action Program (VASAP) in this City to reduce the drinking and driving ratio, thereby reducing property damage, injuries, and deaths caused by alcohol related traffic offenses; and WHEREAS, the objectives will be accomplished by a planned sys- tematic approach of four (4) countermeasure areas: enforcement, judicial, rehabilitation, and public information and education; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIR- GINIA BEACH, VIRGINIA: That a program be established and appropriated for the following purpose: Estimated Revenue Total From Other Agencies Fees riatio. VASAP 037 $800 837 That the appropriation will be financed by $12,037 estimated rev- enue from Tidewater Community College and by $800 estimated revenue from fees collected from clients. First Reading: March 14, 1977 Second Reading: March 21, 1977 Adopted by the Council of the City of Virginia Beach on the 21st day of @larch 1 1977. ITEM #lo584 Petition of Cha,les j. Hayes, Sr- and J,,,@ B District . Hayes -- @lassification from R-5 Residential Distric -si 2ss [)i tri t ,, @,,rt@in property located on the Colonial Road beginning at a Point rst running a distance of 729 feet 'jB-15 f"t Sl,th line - ifiore or less along tfl( ad, I 9 a distance of 660 feet rjiore or less along rty rUnn?nrunn,'ng a distance of 760.52 feet along the ine, line, running a distance of 176.25 eet in a Ncrt the ou he)-n pro,r)erty a distance of 316 fee het,ly di ec feet along the I,!est s direction, runni. tion, running ng distance of 261 21, feet in a '@l!sterl, nia] Road, running @ distanc, C)f Northerly direction. i ning a distance of.20 feet in a and running a dista ce of 205 feet 1.n an Easterly direction, Road. Said nct ong the @iest side of First Colonial parcel cor .LYt4@NHAVElq BOROUGH. S nlore or less. (Hilltop Area). Planning COmmissiori Reconimendation: the moti n a d I Igainst to approve this request. A motion0was npalsed by the Planning COmmission by a recorded vote of for For the information of the applicant, Prior to the issu,nce of rflit, the following will be required by the adniinistrative staf a building per- f: 2. by the Site Plan Ordinance. Standard site iniprovements as required City water and sewer. 3- A 25 foot drainage easement will be required along the western property 4. line if justified by the type of developplent. Dedication of a 10 foot easenient witli sufficient planted screening along the,riorthern boundary to provide a buffer for the adjacent residelitial areas, a buffer along the viestern boundary adjacent to the residential areas, and a buffer along the rear of the church adjacent to this property. Further, this ordinance shall be effective upori satisfactory compliance to the conditions imposed in this nlotion, and it is understood and agi-eed to by the af)r)licant t@iat the official change on the zoni.ng iflaps will not be made until the following conditions are satisfied: A dedication of right-of-way 15 fect ft,om the centerline and a reservation of an additioiial 15 feet along the 660 foot mor,e or less southern property line for the proposed Hilltop Loop System (a 15 foot dedication and a 15 foot reservation). Mr. Grover C. Wright, Jr., Attorney, represented the petitioner On ,notion by Councilman Griffin, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cronwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry I,,IcCoy, 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 approved the following ordinance upon petition of Charles J. Hayes, Sr., and Jean B. Hayes for a Lhange 2-f @in District Classif- Lcation from R-5 to B-2: ORDINANCE UPON PETITION OF CHARLES J. HAYES, Z0377227 SR. AND JEAN B. HAYES FOR A CHANGE OF Z014IIiG DISTRICT CLASSIFICATION FROM R-5 Residential District TO B-2 Community-Business District: Be it ordained by the Council of the City of Virginia Beach, Virginia, that: Petition of Charles J. Hayes, Sr. and Jean B. Hayes for a Change of Zoning District Classification from R-5 Residential District to B-2 Community Business District on certain property located on the West side of First Colonial Road beginning at a point 118.15 feet South of Wolfsnare Road, running a distance of 729 feet more or less along the Northern property line, running a distance of 760.52 feet along the Western property line, running a distance of 660 feet more or less along the Southern property line, running a distance of 176.25 feet in a Northerly direction, running a distance of 316 feet in an Easterly direction, running a distance of 261 feet along the West side of First Colonial Road, running a distance of 205 feet in a Westerly direction, running a distance of 210 feet in a Northerly direction, running a dis- tance of 205 feet in a Easterly direction, and running a distance of 159 feet along the West side of First Colonial Road Road, Said parcel contains 13.5 acres more or less. (Hilltop Area). Lynnhaven Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A -05 foot drainage easerient will be required along the Western property line if justified by the type of development. 4. Dedication of a 10 foot easement with sufficient planted screening along the northern boundary to provide a buffer for the adjacent residential areas, a buffer along the western boundary adjacent to the residential areas, and a buffer along the rear of the church adjacent to this pro- perty. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. A dedication of right-of-way 15 feet from the centerline and a reservation of an additional 15 feet along the 660 foot more or less southern property line for the proposed Hilltop Loop System (a 15 foot dedication and a 15-foot reservation.) This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of March, 1977 ITEM #10585 Petition of Hado Developnient Coi@poration for a Chanqe of Zoning District tlassification froin B-2 Comniunity-Business District' to A-4 Apartiiient District on certain property located on t@ie South side of Old Virginia Beach Road be- ginning at a poin@4, 200.62 feet East of Realty Avetiue, running a distance of 257.09 fect along tlie Soutli side of Old Virginia Beacli Road, running a distance of 804.29 feet along thc, Eastern p@,oLnerty line, runnir)g a distance of 279 feet along the Southern property litie, running a distance of 790.13 feet along tlie t4estern property line, ruiining a distance of 50 feet in an Easterly dii@ection, aiid running a distance of 65.32 feet in a Northerly direction. Said parcel contains 5.376 acres. (Oceana Gardens Area). LYNNIIAVErl BOROUGH. Planning Commissiori Recommendation: A motion %qas passed unaniniously by the Planning Commission by a recorded vote of 12 to approve this request. For the information of the applicant, prior to the issuance of a building per- mit, 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. Provision of sufficient open space for recreation. 4. Provision of fire Drotection measures in accordance with City fire protection regulations for structures for older adults. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official cliange on the zoning maps will not be made until the following conditicns are satisfied: Dedication of adequate drainage easenients, as determined by the Department of Public 14orks, along tlie eastern and southern prop- Prtv linp,- Mr. Grover C. Wright, Jr., Attorney, represented the Petitioner On motion by Councilman Griffin, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, 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 approved the following ordinance upon petition of Hado Development Corporation for a Change of Zoning District Classifi- cation from B-2 Community-Business District to A-4 Apartment District: ORDINANCE UPON PETITION OF HADO DEVELOPMENT Z037722a CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 Community-Business District TO A-4 Apartment District Be it ordained by the Council of the City of Virginia Beach, Virginia, that: Petition of Hado Development Corporation for a Change of Zoning District Classification from B-2 Community-Busienss District to A-4 Apartment Dis- trict on certain property located on the South side of Old Virginia Beach Road beginning at a point 200.62 feet East of Realty Avenue, runn- ing a distance of 257.09 feet along the South side of Old Virginia Beach Road, running a distance of 804.29 feet along the Eastern property line, running a distance of 279 feet along the Southern property line, running a distance of 790.13 feet along the Western property line, runn- ing a distance of 50 feet in an Easterly direction, and running a distance of 65.32 feet in a Northerly direction. Said parcel contains 5.376 acres. (Oceana Gardens Area). Lynnhaven Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. City water and sewer. 3. Provision of sufficient open space for recreation. 4. Provision of fire protection measures in accordance with City fire protection regulations for structures for older adults. Further, this ordinance shall be effective upon satisfactory compliance to conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions are satisfied: 1. Dedication of adequate drainage easements, as determined by the Department of Public Works, along the eastern and southern property lines. This ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of March, 1977 ITEM #10586 Application of Baylakc United @lethodist Cliurch for a Conditional Use Pei-mit for a church aiicl educitional buildirig on certain prop rty oc"t@ -t t @ Northi,rcst intersecti-on of Sliore I)rive ind Ti,oiisLirc Tsiind Drive, running a distance of 415 fect aloiig tlie North side of Sliore Drive, runninal a distance of 285.11 feet along tlie l@estcrn i)ropcrty Iiiie, rtmning a distance of 400.26 feet along thc Nortlicrn propcrt@- li.ne of @,,Iiicii 100.26 is tlie South side of Blackbeard Road, and runniii,@ i distance of 239.05 fect Ilong tlie ivest side of T-reasure Island Dri.ve. Said parc:cl contaiiis 1,72 acres more or less. (Baylake Pines Area). BAYSIDE, BOROUGII. PlaTmiiig Commission Rccommendatioii: A motion ivas passed Luianimously by tlic Plaiining Commission by a recorded vote of 13 to approve this request. For the information of the applicLnt, prior to the issuance of a building per- mit, tho following will be reqliired by the adniinistrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A dedication of ri@.ht-of-ivay 80 feet froin the centerline of tlic existing variable right-of-ivay along the 41S foot more or less frontage on Shore Drive (an 11.5 foot dedication). 4. Standard ri2ht-of-way iMT)rovements along Shore Drive & Treasure Island Drive. On motion by Councilman Cromwell, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry l@IcCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Avaterfield, Jr. Nays: None Absent: None City Council adopted the following resolution upon application of Baylake United Methodist Church for a Conditional Use Permit for a church and educational building: RESOLUTION UPON APPLICATION OF BAYLAKE UNITED R0377103 IAETHODIST CIAURCH FOR A CONDITIONAL USE PERMIT for a church and educational building: Be it resolved by the Council of the City of Virginia Beach, Virginia, that: Application of Baylake United Methodist Church for a Conditional Use Permit for a church and educational building on certain property located at the Northwest intersection of Shore Drive and Treasure Island Drive, running a distance of 415 feet along the North side of Shore Drive, running a distance of 285.11 feet along the Western property line, running a distance of 400.26 feet along the Northern property line of which 100.26 is the South side of Blackbeard Road, and running a distance of 239.05 feet along the West side of Treasure Island Drive. Said parcel contains 1.72 acres more or less. (Baylake Pines Area). Bayside Borough. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard site improvements as required by the Site Plan Ordinance. 2. City water and sewer 3. A dedication of right-of-way 80 feet from the centerline of the existing variable right-of-way along the 415 foot more or less frontage on Shore Drive (an 11.5 foot dedication). 4. Standard right-of-way improvements along Shore Drive and Treasure Island Drive. This resolution shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21st day of March, 1977. ITEM #10587 On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Co'uncilwoman 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 defer for three weeks the following ordinance to amend and reordain Article 2 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations: BE IT ORDAINED BY TEIE COUNCIL OF TIIE CITY OF VIIGINIA BEACI-1, VIRGINI-A: That Article 2, Part C, Section 224(a), of the C. Z. 0. is amcndcd and reordained as follows: (a) Minimum lot and yard requirements. The miiiimum lot size shall be Z5, 000 square feet with l i@-iiniinurn lot width of 150 feet. No gasoline scrvice islands stial.1 be locpted closer tliztn fiftecn (15) fect to any acljoinin, i7igl-it-of --,@,ay nor closer than fifty five (55) fect to any othcr building on the lot. However, no autc)mobilc service stiition sliill be operated in coiijtinction witli a grocery storc or carry-c)'Lit food store, restaurants or sin-iilar eating places, or sil-nilar uses unlcss ruch use is conducted in a frce-stancling building and provided that gasoliiie purnps are protected froni traffic circulation by walls, posts, or other similar barriers. All full service and self-service automobile service stations sh-,ill provicle restrooin facilities. Adopted by the Council of the City of Virl@inia Beach, Virginia, on the day of 1977. SIGNAVE 7 7 A P.0 ZZ) V [-'D .S0 CITY Al TC)R.'4EY ITEM #10588 On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, 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 Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council approved the following ordinance to amend and reordain Article 3 of the Comprehensive Zoning Ordinance pertaining to Use ,ti,ns for Outdoor Recreational Facilities within the Pteservation District: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 3 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR OUTDOOR RECREATIONAL FACILITIES WITHIN THE PRESERVATION DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 3, Section 301(c), Conditional Uses and Structures, of the C.Z.O. is amended and reordained as follows; (c) Conditional uses and structures: Uses and structures herein- after specified, subject to compliance with the provisions of Part C of Article 2, hereof: (5) Recreation and amusement facilities of an outdoor nature other than as specified under permitted principal uses and structures, partial seasonal basis,_ ii. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of March 1977. APPROVED AS TO CONTENTS A F-T E, 0 F C@M CITY ATTORNEY li,LIVI #Iub6i On motion by Councilman Payne, seconded by Vice Ilayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, 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 Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council approved the following ordinance to amend and reordain Article 4 of the Comprehensive Zoning Ordinance pertaining to Use Regulations for Outdoor Recreational Facilities in the Agricultural District: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR OUTDOOR RECREATIONAL FACILITIES IN THE AGRICULTURAL DISTRICT 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: (c) Conditional uses and structures: Uses and structures herein- after specified; subject to compliance with the provisions of Part C of Article 2 hereof: (15) Recreation and amusement facilities of an outdoor nature other than as specified under permitted principal uses and structures, which may be.partially or temporarilv enclosed on a seasonal ba8is with approval of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 - day of Ilarch 1977. AP NTENTS A FORM ITEM #10590 On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patricl@ L. Standing, and Floyd E. Waterfield, Jr. Nays: None Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council approved the following ordinance to amend and reordain Article 5 of the Comprehensive Zoning Ordinance pertaining to Use ations for Outdoor Recreational Facilities in the R-1 and-R-9 Residential District: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR OUTDOOR RECREATIONAL FACILITIES IN THE R-1 AND R-9 RESIDENTIAL DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 5, Section 501(c) and 581(c), of the C.Z.O. is amended and reordained as follows: 501. (c) Conditional uses and structures. Uses and structures hereinafter specified; subject to compliance with the provisions of Part C of Article 2 hereof: (10) Recreation facilities of an outdoor nature, other than as specified under permitted principal uses and structures, which may be partially or temp- orarily enclosed on a seasonal basis; with the approval of City Council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; 581. (c) Conditional uses and structures. Uses and structures hereinafter specified; subject to compliance with the provisions of Part C of Article 2 hereof: (7) Recreation and amusement facilities of an outdoor nature, other than as specified under permitted principal uses and structures, which may be part- ially or temporarily enclosed on a seasonal basis with approval of City Council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; Adopted by the Council of the City of Virginia Beach, Virginia on the 21 day of March 1977. APPR 0 CONTENTS s DEPART,'@Ar APPRO E@D 0 FORM 17XT @66NAfU E /C,T'Y ATTORN!FV ITEM #10591 on motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, 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 Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council approved the following ordinance to amend and reordain Article 6 of the Comprehensive Zoning Ordinance pertaining to Use Regulations for Outdoor Recreational Facilities in the A-1 ment District: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR OUTDOOR RECREATIONAL FACILITIES IN A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 6, Section 601(c) of the C.Z.O. is amended and reordained as follows; (c) Conditional uses and structures. Uses and structures herein- after specified; subject to compliance with the provisions of Part C of Article 2 hereof: (12) Recreation and amusement facilities of an outdoor nature other than as specified under permitted principal uses and structures, which may be part- ially or temporarily enclosed on a seasonal basis with approval of City Council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 day of March 1977. APPROVED AS TO CONTENTS -27 APPRO TY ATTORNEY ITEM #10593 on motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, 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 Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council approved the following ordinance to amend and reordain Article 9 of the Comprehensive Zoning Ordinance pertaining to Use Regulations for Outdoor Recreational Facilities in the B-2 Community- Business District: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 9 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR OUTDOOR RECREATIONAL FACILITIES IN B-2 COMMUNITY-BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 9, Section 911(c) 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) Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily E7nclosed on a seasonal basis with approval of City Council, provided that in the development of such properties, safe- guards are provided to preserve and protect the existing character of adjacent properties except that riding academies and recreational campgrounds shall aot be allowed as a condi- tional use or otherwise. Adopted by the Council of the City of Virginia Beach on the 21 day of March 1977. APPROV@ AS TO CONTENTS 0,,411 SIGNATU@ - APPI TO FORM AS L4G ATURE CITY ATTORNEY The f.llowing persons ppeared b.fore C.uncil @eg.rding this ordin..@.: Mr. B.n Lane, CO-Dire@tor of E..t@rn S.rfing Ass.@iati.n Mr. Les Sha@ Mr. D.@id Bear, C.-Dir@tor f E..ter. S.rfing Ass..i.tion M@. Le. Jo.es On motion by Councilman Ferrell, seconded by Councilm@n Riggs, ..d by recorded @ote as follo@s: Ayes: C...cilmen J.hn A. 13aum, Rob.rt B. C@.m..ll, J,., G.o,ge R. F.rrell, J.h. R. G,iffi., Mayor Clarence A. @iolla.d, J. Ifenry McCoy, Jr., C.uncilwom.. M.y.ra E. Ob.r.dorf, J. C.rtis P.yne, Roger L. Rigg., Vice May.r Patrick L. St..di.g, nd Fl.yd E. Waterfi.1d, Jr. ,qays: N..e Absent: None City Cou.cil voted t. defe@ f.r ne week th. follo@i.g ordinane. to .mend and reordain Secti.. 6-33 of the Code of the City of Virgini. B.ach, Virgini., r@l.ting t. s.rfina: AN ORDINIAI%ICE TO Ar@IE14D AND REORDAIN SECTIO[I (,-33 OF T[!E CODE OF Ttil-CITY OF VIRGIJIIA BEACH, VIRGINIA, RELATING TO SURFING. BE IT ORDAINED BY T[IE COUriCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-33 of the Code of the City of Virginia Beach, Virginia, is amendcd and reordained to read as follows: Section 6-33. Where surfing perinitted generally. It shall be unlawful for any person to surf or to have a surfboard in the city in the littoral waters of the Atlantic Ocean, except as pennitted by this section as follows: (a) At the city recreation park, Little Island, at places and titnes as designated by the director of parks and recreation. (b) South of Little Tsland Park to the state line, between sunrise and sunset, subject to restrictions that may be imposed by the United States in the area owned by it, and further subject to the provisions of section 6-22. (c) In the area between the southern boursdary of the United States Naval Reservation, Dam Neck, and the nortliern line of Little Island Park, between the hours of sunrise and sunset; except, that between May 15 and September 30, surfing is not pemitted between the hours of 10:00 a.M. and 5:00 p.m. (d) In the areas north of the northern line of Camp Pendleton to the southern boundary of Fort Story, between the hours of sunrise and sunset; except, that between the period of May 15 through September 30, surfing is not permitted between the hours of 10:00 a.m. and 5:00 p.ni. Surfing is pemitted in the area one hundred feet north of the centerline of 3rd Street prolongated eastward extending one hundred feet north of the centerline of 5th Street prolongated eastward and in the area eight hundred fect south of the southern jetty of Rudee Inlet and in the area north of Virginia Beach Steel Fishing Pier for a distance of two hundred fifty feet between sunrise and sunset. (e) Surfing is p),ohibited at all tim(!s within three hundred feet north and three hundred feet south of tlie Wooden Fish-iiig Pier located between 14th Street and 15th Street, as well as within eight hundred feet south of the Steel Fishing Pier located at 3rd Street. An emergency exists and this oi@dinance shall be effective from the date of passage. DEFERRED FOR ONE WEEK (MARCH 28, 1977) Adopted by the Council of the City 'of Virginia Beach, Virginia, on the .day of 1976. ITEM #10595 On motion by Councilman Griffin, seconded by Councilman @IeCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry 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 approved the following tax refunds in the amount of $755.36: DHY/ci 11/23/76 -2- AN OPDINTNICE AUTIIORIZING TAX REFU%DS Date 3-9-77 UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASUFER FOR PAYt4EI,'T 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: Totalin3z $ 134.37 TAX TYPE TICKET EXONERlk- DATE NANE YFAR OF TAX NMLBER TIO@I NO. PAID PEITALTY Il,'T. TOTAL lliam A. Powell 1977 CD 65270 2-3-77 7.50 arles E. & Rita Swan 1977 CD 40117 1-4-77@ 7.50 tin W. Winters 1977 CD 32461 1-24-77 15.00 cqueline E. Bryant 1977 CD 89667 1-11@77 15.00 llie Bell Brown 1977 CD 122164 2-22-77 6.87 gela.Nonni 1977 CD 89260 .1-5-77 15.00 r Gal.,bad Co. 1977 CD 48052 1-17-77 15.00 ewart W. Cate 1977 CD 31350 1-21-77 15.00 rgot L. Miller 1977 CD 90285 1-12-77 15.00 ence Heyworth 1977 CD 85989 1-7-77 7.50 odr,iaker Inc. 1977 CD 108935 1-7-77 15.00 The a@ e ibatenent(s) totaling b@@ ??were approved by the Council of the City of,virginia Beach.,pn the day of L, V. A Approved as to orm: Richard J. Webbon, City Clerk Dale- Bim@on, City kttorne@ll7 AN ORDINANCE AUnIORIZIt'G TAX REI'UD4DS Date 3-7-77 UPON APPLICATION OF CERTAIN PERSONS ANI) UPON CERTIFICATION OF THE TREASURER FOR PAYI-LENT BE IT ORDAlt'ED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINIA: That the following applications for tax refunds upon certificatioa of the Treasurer are hereby approved: Totalin-@ $410@99 TAX TYPE TICKET EXOi@,- DATE NAME YEAR OF TAX NUILBER TION 1;0. PAID PE@IALTY INT. TOTAL L. & G. S. Scheier 1977 CD 34971 1-21-77 7.50 Milton Cluverius III 1977 CD 1.02253 1-28-77 7.50 Itiam T. Beale, Jr. 1977 CD 570814 1-24-77 7.50 rica Novoa 1977 CD 33582 1-20-77 15.00 ank V. Atkinson, sr. 1977 CD 119496 2-1-77 7.50 ert J. Johnson 1977 CD 12i9l2 @2-17-77 15.00 san King 1977 CD 27498 1-14-77 15.00 e Newing 1977 (-'D 124204 2-3-77 ii.00 hoiiy Newing 1977 @@D 124203 2-3-77 15.00 za King of Va. Beach 1976 PP 100927 11-30-77 198.24 t, R. A. Jr. ETALS 1976 RE 031461 212 6-2-76- 48.71 r, D. M. & P 1976 RE 024829 212 12-5-76 59.04 ale check p ayable to fe Fed. Sav. & Loan The a@bve abaterent(s) totaling t; were approved @Dy r 'i, the Council of the City of!Virginia Beach on the I ' day of i @ -- @, /, @ /. V.,k. Etheridge, Treasurer Approved as to o@: Richard J. W on, City Clerk -D@i-e Bifoson, City Attorney AN ORDIN,@CE AUTHORIZING TA7X REFUNDS Date 377-77 UPOI.4 APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF TilE TRF-ASURER FOR PAYIIENT BE IT ORDAINED BY THE COUTICIL OF TEIE CITY OF VIRGINIA BEACH, VIRGINIA: 1 That the following applications for tax refunds upon certification of the Treasurer are hereby approved: 10.00 TAX TYPE TICKET EXONER-K- DATE NAME YEAR OF TAX @,TBER TIO,4 NO. PAID PENALTY INT. -TOTAL ndolph M. Stevens 1977 CD 68174 2-28-77 15.00 ane Wombolt 1977 CD 54501 1-20-77 15.99 is R. Simon 1977 CD 4028 2-4-77 15.00 @027 2-4-77 15.00 fol Yiotor Sales 1977 CD 1737+ 1-26-77 15.00 orgeanna L. Young 1977 CD 10520 1-4-77 7.50 an Blanchard 1977 CD 43184 l-'4-77 7.50 hn Eger 1977 CD 99131 1-24-77- 7.50 na M. Rieger 1977 CD 1187 1-27@77 15.00 r Truck Leasing Corp. 1977 CD 91394 L-14-77 15.00 nneth Leevers 1977 CD 64468 -31-77- 15.00 yce Mann 1977 CD 47989 L-18-77 7.50 fred M. Palacios 1977 CIY 122324 3-3-77 15.00 hn R. Shortt 1977 CD 97853 L-21-77 7.50 Iter D. Willhoite 1977 CD 107781 2-8-77 7.50 bert L. Brackett 1977 CD 101782 --28-77 7.50 Iliam H. Lane 1977 CD 46507 --13-77 7.50 ank Graham 1977 CD 40475 @-6-77 7.50 omas R. Wil.so-n 1977 CD 25791 L-10-77 .7 ,:50 The--i'bove abatement(s) totaling C e tVi .1 were approved by i@dk@o the Counc, of the city of-,Virginia Beach ort the day of V@ k@'Ethe@idge, Treasuiiir Approved as to orm: Richard J. Webbon, City Clerk @7, tor ic- Bi@oii, City At ney ITEM #10596 On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ifolland, J. Henry McCoy, Jr., Councilwoman lleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice lqayor Patrick L. Standing, and Fl.oyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Bingo/Raffle Permits: Bayside High School Track Parents Booster Club Red Wing Lake Women's Golf Association Woodstock Recreation (Renewal) ITE@,l #10597 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: None City Council voted to direct the City Manager and City Attorney to prepare the necessary papers to provide a referendum on the June 14, 1977, Democratic Primary for the $39.9 Million water and Sewer bonds. ITEM #10598 Councilman McCoy requested a new study be made on Bonney's Corner due to the problems in that part of the Kempsville Borough. ITEM #10599 Councilman McCoy stated that in the Acredale section of the Kempsville Borough the residents have several questions regarding water hookup. It seems that there are people on one street who have water lines and residents on another street would like to have water but have no lines to hook into. ITEM #10600 Councilman Ferrell introduced Mr. Dwight Jones. Mr. Jones stated he had some questions regarding the widening of Salem Road; the need for schools and the amount of money the Federal Government is going to give Virginia Beach for the increased number of children due to the navy housing going up on Princess Anne Road. ITEM #10601 Mr. Wilson Chaplin appeared before Council regarding the navy housing; the bike trail along the boardwalk; and the vandalisrn that occurred at the 17th Street restrooms. ITEM @'10602 The City Manager informed Councilwoman Oberndorf that the study requested on the Neptune Festival manhours will be presented to the Council on Monday, March 28, 1977, along with the reports of the Virginia Beach Art Show manhours. ITEI,l #10603 On motion by Councilman Ferrell, seconded by Councilman Payne, and by unanimous vote, the meeting adjourned. Richard ty Clerk Mayor larence A. @,olland, M.5.- City of Virginia Beach, Virginia March 21, 1977