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HomeMy WebLinkAboutAUGUST 15, 1977 CITY OF VIRGIIII BEACI MUNICIPAL CENTER @t eity- VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y@id, B.,.@gb J. HENRY M,COY, J,, D.D.S., B.-.gb VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g@ JOHN A. BAUM, B@,@,h J. CIJRTIS PAYNE, P,i@,@,, A.@@ B@,@.gb ROBERT B. CROMWELL, J,., A, L.,g, ROGER L. RIGGS, Vigi.i. B@.,h B.,..gb GEORGE R. FERRELI,, A, L.,g@ FLOYD E. WATERFIELD, J,., P@@g. B@,.@gb JOHN R, GRIFFIN, L,@.b. - B.,@.gb A G E N D A RICHARD 1. WEBBON, Cil, 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, August 15, 1977 for the purpose of conducting public business and will hear and act upon the following 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 Reverend Thomas C. Britton, Lynnhaven Colony United Church of Christ, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council, Public Hearings and consideration of Public Business. a.) Resolution of Appreciation to be presented to Kathleen M. Eighmey. 6. Minutes of the Regular Meeting of August 1, 1977 to be presented for approval and acceptance. Minutes of the Regular Meeting of August 8, 1977 to be presented for approval and acceptance. 7. Items for Second Reading: a.) City Council is requested to approve on second reading an ordinance to appropriate additional funds for Fiscal Year 1978 for the payment of purchase orders brought forward from Fiscal Year 1977 (Total appropriations $1,870,576) 8. Letter from the City Manager transmitting the recommendations of the Planning Commission for approval of the applications of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for the following changes of zoning: 1.) R-5 Residential District to B-2 Cormunity Business District for a 4.45 acre parcel located on the north side of Laskin Road, west of Winwood Drive. 2.) R-5 Residential District to R-3 Residential District for a 6.535 acre parcel located on the northwest corner of Laskin Road and Winwood Drive, south of Laurel Lane. Lynnhaven Borough (Both applications deferred from June 20, 1977 and July 5, 1977) In addition to their previous requests, the petitioners have further requested changes of zoning for the following: 1.) R-5 Residential District to 0-1 Office District on a 4.29 acre parcel located north of Laskin Road, west of Winwood Drive (Lynnhaven Borough) 2.) R-5 Residential District to B-1 Business Residential District for a 1.54 acre parcel located onthe north side of Laskin Road, west of Winwood Drive (Lynnhaven Borough). 9. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of The Southland Corporation for a Conditional Use Permit for a combination convenience food store and a self-service gasoline supply station on a 26,400 square foot parcel located southwest of the intersection of Holland Road and the Shipps Corner area (Princess Anne Borough). 10. Letter from the City Manager transmitting the recommendation, of the Planning Commission for denial of the application of Tidewater Westminister Homes, Inc./First Colonial Village, Inc. for a Conditional Use Permit for a 150 unit Presbyterian/Episcopal Retirement Facility on a 7.63 acre parcel located at the northwest corner of the intersection of Great Neck Road and Laurel Cove Drive (Lynnhaven Borough). 11. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Exxon Corporation for a Conditional Use Permit for an automobile service station on a 1.107 acre parcel located at the southeast corner of the intersection of Rosemont Road Extended and Holland Road (Princess Anne Borough). 12. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an Ordinance to amend and reordain Article I, Section 111, of the CZO pertaining to the definition of yard. 13. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the following ordinances: 1.) An Ordinance to amend and reordain Article 4, Section 401 of the CZO pertaining to care facilities in the AC-1 Agricultural District. 2.) An Ordinance to amend and reordain Article 5 of the CZO pertaining to Use Regulations for human care facilities in the R-1 and R-9 Residential District. 3.) An Ordinance to amend and reordain Article 6 of the CZO pertaining to Care Facilities in the A-1 Apartment District. 14. Letter from the City Manager transmitting the recommendation of the Planning Commission for deferral of an Ordinance to amend and reordain Article 9, Part D of the CZO pertaining to housing for the aged, disabled or handicapped in the B-4 Resort Commercial District for one week. 15. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the following ordinances: 1.) An Ordinance to amend and reordain Article 1, Section 106 of the CZO pertaining to appeals and variances. 2.) An Ordinance to amend and reordain Article I, Section 111 of the CZO pertaining to definitions. 3.) An Ordinance to amend and reordain Article 2, Section 232 of the CZO pertaining to requirements for Mobile Home Parks. 4.) An Ordinance to amend and reordain Article 12, Section 1201 of the CZO pertaining to flood plan regulations. 16. Letter from the City Manager recommending that City Council approve an Ordinance to amend and reordain Article II, Chapter 31, Section 31-13 Erosion, Sediment Control and Tree Protection of the Code of the City of Virginia Beach relating to definitions. 17. Letter from the City Manager recommending that City Council approve an ordinance, upon petition of Milton J. Weller, for the closure, vacating and discontinuing of a portion of Greensboro Avenue between Blocks 18 and 19, Mediterranean Avenue to Lake Rudee, as shown on the plat of Shadow Lawn Heights, Map Book 7, Page 14, Sheet 1, Circuit Court. 18. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of N. A. D., Inc. for the closure of a portion of 3rd Street, Virginia Beach Borough. 19. Letter from the City Manager recommending that City Council appoint viewers in the matter a request of Verona Paving Corporation and John Robert and Mary L. Morris for the closure of a portion of Thunderbird Drive (Lynnhaven Borough). 20. Letter from the City Manager recommending that City Council approve the following Bingo/ Raffle permits: Kellam High School Band Parents Association (Renewal) Raffle Building Conmittee, St. Andrews United Methodist Church (Renewal) Raffle 21. 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 $82.16. 22. Letter from the City Manager recommending that City Council approve the following standard Water/Sewer Agreements: Holly Square Townhouses Virginia Beach Borough Water & Sewer 23. Old business, deferred from the previous meeting, including any report of the Mayor or committees named by Council. a.) Mr. 0. L. Gilbert, Home Owners in Green Run, wishes to appear before City Council. 24. New business, including any presentations by Council Members, citizens, and organizations. 25. Motion for adjournment. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA August 15, 1977 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, August 15, 1977, at 1:00 p.m. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Council Members absent: Councilmen J. Henry McCoy, Jr.*, J. Curtis Payne, and Floyd E. Waterfield, Jr. ITEM #11156 COUNCILMAN MCCOY ENTERED MEETING AT 1:05 p.m. 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, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Consultation with legal counsel and briefing 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 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. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice @,layor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to proceed into the executive session following the informal discussion. ITEM #11157 The City Manager stated that in the past the City has had problems with improvements to streets that were recorded but not improved, especially in undeveloped areas. When citizens go to the Building Inspector for a building permit the City indicates that the street will have to be approved. Council requested the General Assembly to allow the Council to establish an assessment policy on street improvements in areas such as tbis. The General Assembly passed enabling legislation allowing Council to assess up to $5.00 a front foot, not to exceed $500. 8/15/77 - 2 - The City Manager stated that there is a street, where the property owners have agreed to participate in this assessment. However, there is a problem in the $500 maximum assessment. These particular lots have only 80 foot frontage, which would be $400 maximum assessment. The amount of money collected would not cover the total cost of the road. The City has indicated to the residents that when they collect the remainder of the assessment the City will then improve the road. ITEM #11158 The City Manager stated that he would like to hold a public meeting with merchants in the Beach Borough, as well as any interested citizen, to discuss the possibility of having one-way streets on east and west streets between Atlantic and Pacific Avenues. The City Manager stated the staff has completed the study on one- way streets and Dlr. C. Oral Lambert, Director of Public Works was present to present the findings to Council. Mr. Lambert stated his report would be on the side streets or connecting streets between Atlantic and Pacific Avenues, from Rudee Inlet to 42nd Street. Mr. Lambert cited some of the advantages to one-way streets: 1. Increased capacity of the streets within the existing curb width. 2. Reduction of conflicts 3. Increased safety 4. Additional yield of parking spaces within this strip. Mr. Lambert cited the following disadvantages: 1. Result in some increased travel distance 2. Additional cost in "signing" the streets 3. Confusion as a result of the new traffic pattern 4. Concern expressed on the part of the merchants in the area. If the problems can be resolved, Mr. Lambert stated the City would make the transition during the winter to give local residents time to become acclimated to the change. Mr. Lambert stated that Norfolk Avenue, 17th Street, 25th Street and 31st Street (Laskin Road) would remain two-way streets. ITEM #11159 At 2:25 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 McCoy, Jr., Council- woman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Council Members absent: J. Curtis Payne, and Floyd E. Waterfield, Jr. The invocation was given by the Reverend Thomas Britton, Lynnhaven Colony United Church of Christ, followed by the Pledge of Allegiance. 8 / 1 5 / 7 7 - 3 - ITEM #11160 on motion by Councilman Riggs, 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., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to adopt the following Resolution of Appreciation and presented same to Kathleen M. Eighmey: RESOLUTION OF APPRECIATION WHEREAS, IN THE CONFUSION OF OUR EVERYDAY LIVES WE FAIL TO HESITATE AND CONSIDER THE ORIGINS OF THE GOVERNMENTS AND LANDS WITH WHICH WE As AMERICANS, AND MORE PARTICULARLY AS VIRGINIANS, HAVE BEEN ENDOWED AND BLESSED; AND, WHEREAS, IN ALL GENERATIONS THERE ARE THE SCRIBES AND HISTO- RIANS WHO DELVE INTO THESE MATTERS WITH PATIENCE AND TENACITY To PRESERVE AND RECORD FOR US AND OUR CHILDREN TFIESE IMPORTANT His-ro- RICAL MATTERS, SUCH PERSONS BEING ENDOWED WITFI EDUCATION, HONESTY TENACITY OF PURPOSE; AND, AND WHEREAS, KATHLEEN M. EIGHMEY, A SPECIALIST IN THE HISTORY OF VIRGINIA, HAS PRESENTED TO US AND POSTERITY A DETAILED HISTORY OF THE FOUNDING OF PRINCESs ANNE COUNTY AND OF VIRGINIA BEACH, VIRGINIA; NOW, THEREFORE, THE VIRGINIA BEACH CITY COUNCIL DOES BY THIS RESOLUTION EXPRESS 1TS APPRECIATION FOR HER WORK AND DOES DIRECT TliAl' THIS RESOLUTION OF APPRECIATION BE ENTERED INTO THE MINUI'ES OF THIS MEETING OF AUGUST 15, 1977. MAYOR CLARENCE A. HOLLAND, MD 8/15/77 - 4- ITEM #11161 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., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the minutes of the regular meeting of August 1, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11162 On motion by Councilwoman Oberndorf, 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, Roger L. Riggs, Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the minutes of the regular meeting of August 8, 1977, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ITEM #11163 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. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve on second reading the following ordinance to appropriate additional funds for Fiscal Year 1978 for the Payment of purchase orders brought forward from Fiscal Year 1977 (Total appropriation $1,870,576): 8 / 1 5 / 7 7 PAMT OP PIMCHASE ORI)ERS BROURHT FORWARD FROM FISCAL YEAR 1977 WHERF-AS, during the course of business in fiscal year 1977, purchase orders or contracts were issued committing the city to purchases of materials, suppli-es, equipment or services for use by several departments, divisions, or bureaus and, WHEREAS, these purchase orders or contracts wore charged to appropriations previously authorized for the fiscal year ended June 30, 1977 so as to @,ace the unencumbered balance of those appropriations and, WHEREAS, on June 30, 1977 the-te were purchase ordets or contracts totaling $1,870,576 for which materials, supplies, equipment or services had not been delivered or invoiced, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totaling $1,870,576 unexpended and represented by purchase orders outstanding on June 30, 1977 be reappropriated as additions to fiscal 1978 appropriations to the respective departments, divisions or bureaus of the city so that upon the delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $1,003,855 Water and Sewer 33,160 School Operating 833,434 Law Library 127 Total Appropriations $1 870 571 This ordinance shall be effective from the date of its passage. First Reading: AiiQii--f7 P, Second Reading: August 15, 1977 - 5 - AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS FOP. FISCAL YEAR 1978 FOR THE PAYMENT OF PLTRCH&SE ORDERS BROUGHT FORWARD FROM FISCAL YM 1977 WHEREAS, during the course of business in fiscal year 1977, purchase orders or contracts were issued cotnmitting the city to purchases of materials, supplies, equipment or services for use by several departments, divisions, or bureaus and, WHERF-AS, these purchase orders or contracts wo-re charged to appropriations previously authorized for the fiscal year ended June 30, 1977 so as to @.,ace the unencumbered balance of those appropriations and, WHEREAS, on June 30, 1977 thete were purchase orders or contracts totaling $1,870,576 for which materials, supplies, equipment or services had not been delivered or invoiced, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totaling $1,870,576 unexpended and represented by purchase orders outstanding on June 30, 1977 be reappropriated as additions to fiscal 1978 appropriations to the respective departments, divisions or bureaus of the city so that upon the delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $1,003,855 Water and Sewer 33,160 School Operating 833,434 Law Library 127 Total Appropriations $1 870 576 This ordinance shall be effective from the date of its passage. First Reading: Aiiclii@qt- 8, 1977 Second Reading: August 15, 1977 GGD:,JDB:er 8-3-77 8 1 5 7 7 ITEM #11164 --6- Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John -5 Residential Ray Potter for a Chanqe of Zoning District Classification from R District to B-2 Commun pert,y located on the North aide of Lask ng at a po4nt 528-46'feet West of Winwood a Drive, running a distance of 193 feet alollg the North side of Laskin Ro d, property line, running running a distance of 1010.93 feet along the Western a distance of 187.32 feet along the South side of Laurel Lane, and running a distance of 1056.58 feet along the Eastern property line. Said parcel con- tains 4.45 acres. (Hill-top Area). LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously 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 permit, the following will be required by the adininistrative staff: 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. 3. The ditch to the north is to be piped and an adequate drainage system is to be provided for this site. Further, this ordinance shall be effective upon satisfactory compliance to the conditions iniposed in this irotion, and it is understood and agreed to by the applicant-that the official change on the zoning niaps will not be made until the following condition is satisfied: A dedication of a 60 foot right-of-way centered betvieen Parcels B & C as shown on the Potters Brothers property survey dated July 6, 1976. This dedication is to tet,minate at its northern end in a cul-de-sac, and is not to be tied into the easement east of Laurel Lane at this time. Mr. W. Shep Drewery, Attorney, represented the petitioner Mr. Nick Cohen, Attorney, appeared on this matter Mr. Richard Brydges, Attorney, represented the residents On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry rAcCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance upon Detition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of in District Classification from R-5 Residential District to @-1 Business-Residential District (modified from B-2 Community-Business District: 8/15/77 UhDiAllhuE upuin PEIIII'1'10iq O@' GOII)ON.B. POTTER, DLOAN Z0877272 S. POTTER, JR., LUCILLE B. POTTER AND JOHN RAY POT ER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 Residential District TO B-1 Business-Residential District (modified from B-2 Community-Business District) BE IT ORDAINED BY TIIE COIJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of Zoning District Classification from R-5 Residential District to b--l Busin s-Reside@tial District (modified from B-2 Community-Business District) on certain property located on the North side of Laskin Road beginning at a point 528.46 feet West of Winwood Drive, running a distance of 193 feet along tlie North side of Laskin Road, running a distance of 1010.93 feet along the Western property line, running a distance of 187.32 feet along the South side of Laurel Lane, and running a distance of 1056.58 feet along the Eastern property line. Said parcel contains 4.45 acres. (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 improvements as required by the Subdivision Ordinance and Site Plan Ordinance 2. City water and sewer. 3. The ditch to the north is to be piped and an adequate drainage system is to be provided for this site. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the - 15 day of t , 1977 ITERI #11165 Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Chanqe Zonina Dist ict Classification from R-5 Residential District to R-3 Resi-dent ty located at the Northwest corner of Laskin Road and Winwoo Drive, running a distance of 254.63 fee, along the North side of Laskin Road, running a distance of 1119.29 feet along the Western property line, running a distance of 250.36 feet along the South side of Laurel Lane and running a distance of 1153.5 feet along tiie West side of Winwood Drive. Said parcel contains 6.535 acres. (Hilltop Area). LYNNHAVEN BOROUGH. Planning COMMiSsion ReCommendation: A motion was passed unanimously 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 permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer. 3. The ditch to the north is to be piped and an adeo.uate drainage system is to be provided for this site. 8/15/77 Very truly yours, R/D :ni 'L @e Chairman RDLam Mr. W. Shep Drewery, Attorney, represented the petitioners Mr. Nick Cohen, Attorney, appeared on this matter Mr. Richard Brydges, Attorney, represented the residents On motion by Councilman Griffin, seconded by Councilman Riggs, 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, Roger L. Riggs, and Vice Nlayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance upon petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of Zoning District Classification from R-5 Residential District to T--3 Residential District: ORDINANCE UPON PETITION OF GORDON B. POTTER, DFAN S. Z0877273 POTTER, JR., LUCILLE B. POTTER AND JOHN RAY POTTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 Residential District TO R-3 Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of Zoning District Classification from R-5 Residential District to R-3 Residential District on certain property located at the Northwest corner of Laskin Road and Winwood Drive, running a distance of 254.63 feet along the North side of Laskin Road, running a distance of 1119.29 feet along the Western property line, running a distance of 250.36 feet along the South side of Laurel Lane, and running a distance of 1153.5 feet along the West side of Winwood Drive. Said parcel contains 6.535 acres. (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 improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer 3. The ditch to the north is to be piped and an adequate drainage system is to be provided for this site. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of August 1 1977. 8/15/77 9 - ITEM #11166 Peti tion of Gordon B. Potter, Dean S. Potter, Jr. , Luci I I e B. Potter and ionn I Ray Potter for a Chan' e n, listrict Cl,,ssification from R-5 Residential; :t 0. District to 0-1 OTfi e D7:tr7n certain property located 358.37 feet North of Laskin Road beginning at a point 21@O fee*, niore or less West of Wiilwood Drive, running a distance of 200 feet along the Southern property line, running a distance of 771.70 feet along the Western property line, running a distance of 000.24 feet along the Northern Oroperty line and running a distande of 760.92 feet along the Eastern property line. Said parcel contains 4.29 acres more or less (modified fro,,n 5.839 acres). (Hilltop Area).. LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded voteiof 12 to approve this request. ror the information of the applicant, prior to the issuance of a building perMi'L, the following will be required by the adniinistrative staff: I 1 Standard improvements as required by the Subdivision Ordinance and S@te Plan Ordinance. 2. City water and sewer. 3. A 6-foot landscaped berm is to be constructed along the west side ofi Parcel D to buffer the proposed residential area from the proposed adjacent businesses. 4. Parcel D is to be shielded from outside lighting. Mr. W. Shep Drewery, Attorney, represented the petitioners Mr. Nick Cohen, Attorney, appeared on this matter Mr. Richard Brydges, Attorney, represented the residents On motion by Councilman Griffin, seconded by Councilman Riggs, 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. lienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice @,layor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance upon petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of Zoning District Classification from R-5 Residential Distrct to -1 Office District: ORDINANCE UPON PETITION OF GORDON B. POTTER, DEAN S. Z0877274 POTTER, JR., LUCILLE B. POTTER AND JOHN RAY POTTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 Residential District TO 0-1 Office District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA, that: Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of Zoning District Classification from R-5 Residential District to @-I Office District on certain pro- perty located 358.37 feet North of Laskin Road beginning at a point 250 feet more or less West of Winwood Drive, running a distance of 200 feet along the Southern property line, running a distance of 771.70 feet along the Western property line, running a distance of 200.24 feet along the Northern property line and running a distance of 760.92 feet along the Eastern property line. Said parcel contains 4.29 acres more or less (modified from 5.839 acres). (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 improvements as required by the Subdivision Ordinance and Site Plan Ordinance. 2. City water and sewer 3. A 6-foot landscaped berm is to be constructed along the west side of Parcel D to buffer the proposed residential area from the proposed adjacent businesses. 4. Parcel D is to be shielded from outside lighting. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of August , 1977. ITEM #11167 Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of Zoninq District Classification from R-5 Residential District to B-i Business-Res dential District on certain pro- perty located on the Nortli side of Laskin Road beginning at a point 2@4 feet more of, less West of Winwood Drive, runrling a distance of 210 -eet more or less along the North side of Laskin Road, running a distance of 300 feet along the Western property line, running a distance of 200 feet along the Northern property line and running a distance of 358.37 feet along the Eastern property line. Said parcel con+ains 1.54 acres more or less. (Hilltop Area). LYNNHAVEN BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Plaiining Conimission by a recorded vote of 12 to approve this request. -----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 Subdivision Ordinance aild Site Plan Ordinance. 2. City water and sewer. 3. There are to be no additional median cuts on Laskin Road and a left turn lane is to be provided on Laskin Road opposite the proposed road. 4. A 6-foot landscaped berm is to be constructed along the west side of Parcel D to buffer the proposed residential area from the proposed adjacent businesses. 5. Parcel D is to be shielded from outside light3ng. 8/15 /7 7@', Very truly yours, R. Dean Lee Chairman Mr. W. Shep Drewery, Attorney, represented the petitioners Mr. Nick Cohen, Attorney, appeared on this matter Mr. Richard Brydges, Attorney, represented the residents On motion by Councilman Griffin, seconded by Councilman Riggs, 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, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance upon petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of Zoning District Classification from R-5 Residential District to T--l Business-Residential District: ORDINANCE UPON PETITION OF GORDON B. POTTER, DEAN S. Z0877275 POTTER, JR., LUCILLE B. POTTER AND JOHN RAY POTTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 Residential District TO B-1 Business-Residential District: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John Ray Potter for a Change of Zoning District Classification from R-5 Residential District to B-1 Business Residential District on certain idroperty located on the North side of Laskin Road beginning at a point 254 feet more or less West of Winwood Drive, running a dis- tance of 210 feet more or less along the liorth side of Laskin Road, running a distance of 300 feet along the Western property line, running a distance of 200 feet along the Northern property line and running a distance of 358.37 feet along the Eastern property line. Said parcel contains 1.54 acres more or less. (Hilltop Area). Lynnhaven Borou-,h. 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 Subdivision Ordinance and Site Plan Ordinance 2. City water and sewer 3. There are to be no additional median cuts on Laskin Road and no left turn lane. 4. A 6-foot landscaped berm is to be constructed along the west side of Parcel D to buffer the proposed residential area from the proposed adjacent businesses. 5. Parcel D is to be shielded from outside lighting This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of ugust , 1977 8/15/77 - I ; - ITEII #11168 Application of The Southland Corporation for a Conditional Use Permit for a self-service automobile service station on certain property located at the Southwest intersection of Holland Road and Sliipps Corner Road, running a distance of 160 feet along the tlest side of Hollarid Road, runnitig a distance of 165 feet along the Southet'n property line, running a distance of 160 feet alohg tlie Western properly Iiiie and runnitig a distance of 165 feet along the Northern property line. Said parcel contaiiis 26,400 square feet. (Shipps Corner Area). PRITICESS ANNE BOROUCti. PLANNING C014MISSION RECOM14ENDATIO@l: A motion ;-ias passed by the Planning Commission by a recorded vote of 10 for the motion and 1 against to approve tliis request. .,-for the information of tlie applicaiit, prior to the issuance of a building permit, the following will be required by the administi,ative staff: 1. Standard impi@ovements as required by the Site Plan Ordinance. 2. Soil type proliibits the installation of septic tank and drain- field and State law prohibits a punip and haul operation. The only permissible unit @-iould bL:! a "destroilet" type unit for employees only. Approval for the convenience food store cannot be gi-anted except with City water and S('@qer. 3. A 5 foot dedication of rigi,,t-of-way along the 160 foot more or less frontage on tfolla@ld Road. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaiiiing to Autoinobile Service Stations. 8/1 Mr. Richard Derker, Gasoline Alarketing Nlana,,,C-,r, represented the applicant. -13- On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Nlayor Clarence A. Holland, J. Henry lIcCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice @,layor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to adopt the following resolution upon application of The Southland Corporation for a Conditional Use Permit for a self- service automobile service station: RESOLUTION UPON APPLICATION OF TIIE SOUT'ILAND CORPORATION R0877136 FOR A CONDITIONAL USE PERMIT FOR A self-service automobile service station: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA, that: Application of The Southland Corporation for a Conditional Use Permit for a self-service automobile service station on certain property lo- cated at the Southwest intersection of Holland Road and Shipps Corner Road, running a distance of 160 feet along the West side of Holland Road, running a distance of 165 feet along the Southern property line, running a distance of 160 feet along the Western property line and running a distance of 165 feet along the Northern property line. Said parcel contains 26,400 square feet. (Shipps Corner Area). Princess Anne 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. 2. Soil type prohibits the installation of septic tank and drain field and State law prohibits a pump and haul operation. The only permissible unit would be a "destroilet" type unit for employees only. Approval for the convenience food store cannot be granted except with City water and sewer. 3. A 5 foot dedication of right-of-way along the 160 foot more or less frontage on Holland Road. 4. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Station. This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of August , 1977 8/15/77 - i 14 - ITEM #11169 A plication of Tidewater Westniinster iloiries, Inc./First Colonial Village, p Inc., for a Conditional Use Pe..rmit for a 150-unit Presbyterian/Episcopal Retirement Facility on cer-Laiii property located at the Northivest corner of Great [4eci, Road and Laurel Cove Dr,ive, running a distance o" 750.30 feet along the West side of Great N--ck Roed, i,unniiig a distance of 425.49 feet along the Northern property line, ruiiiiitig a distance of 728.86 feet along the Western propet,ty line and running a distance of 450 feet along the North side of Laurel Cove Drive. Said parcel contains 7,63 acres. (Laurel Cove-Woodhurst Areas). LYN@\IIIAVEN BOROUGH. Planning Conmlission Rcconimendation: A motion was passed by the Planning Coniriiission by a rvcorded vote of 8 for the motion and 4 against to deiiy this reqtiest. It was felt tliat approval of this request would be an intrusion of apartnients into an already established single family neighborhood. The following persons appeared in favor of the above application: Mr. Daniel Dickerson, representing Tidewater Westminister Homes, Inc./First Colonial Village, Inc Mrs. Mary O'Gara Mrs. Helma Dungee Mr. Walter N. Nixon, Architect, Clark, Nixon and Owen Mrs. Elaine Kuhn Mrs. Mary Ellen Cox, @layor's Committee on Aging Mr. Glenn Campbell Mr. Sam Houston, Sr. Mayor's Committee on Aging/SEVAMP The following appeared in opposition: Mr. Grover C. Wright, Jr., Attorney, representing Laurel Cove Mr. Art Cloninger, President, Laurel Cove Civic League Mr. L. A. Daniels Mr. Rodney Schall, Wolfsnare area Mr. J. Bradley Redort After considerable discussion, Councilwoman Oberndorf made a motion, seconded by Vice Mayor Standing, to defer for 60 days the above application of Tidewater Westminster Homes, Inc./First Colonial Village, Inc., for a Conditional Use Permit for a 150-unit Presbyterian/Episcopal Retirement Facility. The recorded vote is as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry lAcCoy, Jr., Councilwoman Meyera E. Oberndorf, and Vice Mayor Patrick L. Standing Nays: Councilman Roger L. Riggs Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to defer for 60 days the above application of Tidewater Westminster Homes, Inc./First Colonial Village, Inc., for a Conditional Use Permit for a 150-unit Presbyterian/Episcopal Retirement Facility on certain property located at the Northwest corner of Great Neck Road and Laurel Cove Drive, running a distance of 750.80 feet along the West side of Great Neck Road, running a dis- tance of 425.49 feet along the Northern property line, running a dis- tance of 728.86 feet along the 1,Vestern property line and running a distance of 450 feet along the North side of Laurel Cove Drive. Said parcel contains 7.63 acres. (Laurel Cove-Woodhurst Areas). Lynnhaven - i @ - ITEM #11170 COUNCILMAN CROMWELL LEFT CHA@IBERS Application of Exxon Corporation for a Conditional Use Permit for an auto- mobile service station on certain property ocated on t e East side of Rosemont Road (Proposed) beginning at a point 37.54 feet South of Holland Road, running a distance of 318 feet niore or less along the East side of Rosemont Road (Proposed), running a distance of 66.48 feet in an Easterly direction, running a distance of 40 feet in a Southerly direction, running a distance of 52.03 feet in an Easterly direction, running a distance of 332.37 feet along the Eastern property line and running a distance of 144.65 feet along the Northern property line. Said parcel contains 1.107 acres. (tiolland Rose Area). PRINCESS AN@QE BOROUGH. PLANNING COM14ISSION RECOMMETIDATION: A niotion was passed by the Planning Coninlission by a recorded vote of 9 for the motion and I agtinst to approve this request. For the infoi-mation of the applicant, prior to the issuance of a building permit, the following will be required by the adniinistrative staff: 1. Standard iniprovements as required by the Site Plan Ordinance. 2. City water and sewer. 3. The southern portion of this site is to be drained to the proposed canal system in the PUD corridor. 4. No median openings will be allowed along either Holland Road or Rosemont Road, 5. The developer is to construct or provi.de funds for one-half of Rosemont Road adjacent to this site (two fully improved lanes). 6. The two curb cuts on Holland Road are to be a maximum of 24 feet in width and each is to be one-way for entrance and exit purposes. 7. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. Mr. Joseph Lawler, Attorney, represented the aoplicant On motion by Councilman Ferrell, seconded by Councilman @.,IcCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Geor.,e R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. @lienry McCoy, Jr., Councilwoman Aleyera E. Oberndorf, Roger L. Riggs, and Vice klayor Patrick L. Standing Nays: None Absent: Councilmen Robert B. Cromwell, J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to adopt the following resolution upon application of Exxon Corporation for a Conditional Use Permit for an automobile service station: R / I q'7 -7 ---------- -- ituoi dill -16- FOR A CONDITIONAL USE PERMIT FOR AN automobile service station BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA, that: Application of Exxon Corporation for a Conditional Use Permit for an automobile service station on certain property located on the East side of Rosemont Road (Proposed) beginning at a point 37.54 feet South of Ilolland Road, running a distance of 318 feet more or less along the East side of Rosemont Road (Proposed), running a distance of 66.48 feet in an Easterly direction, running a distance of 40 feet in a Southerly direction, running a distance of 52.03 feet in an Easterly direction, running a distance of 332.37 feet along the Eastern property line and running a distance of 144.45 feet along the Northern property line. Said parcel contains 1.107 acres. (Holland Rose Area). Princess Anne 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. 2. City water and sewer 3. The southern portion of this site is to be drained to the proposed canal system in the PUD corridor 4. No median openings will be allowed along either Holland Road or Rosemont Road 5. The developer is to construct or provide funds for one- half of Rosemont Road adjacent to this site (two fully improved lanes). 6. The two curb cuts on Holland Road are to be a maximum of 24 feet in width and each is to be one-way for entrance'and exit purposes. 7. Compliance with Article 2, Section 224 of the Comprehensive Zoning Ordinance pertaining to Automobile Service Stations. This resolution shall be effective upon date of adoption Adopted by the Council of the City of Virginia Beacb, Virginia, on the 15 day of st , 1977 ITEM #11171 COUNCILMAN MCCOY LEFT CHAMBERS COUNCILMAN CROMWELL RETURNED 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, Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice @layor Patrick L. Standing Nays: None Absent: Councilmen J. Henry McCoy, Jr., J. Curtis Payne, and Floyd E. Waterfield, Jr. CitY Council voted to approve the folloivin_ff ordinance to amend and reordain Article 1, Section 111, of tbe Comprehensive Zoning Ordinance pertaining to the Definition of Yard: 8/15 1 7 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111, OF THE COMPRE- HENSIVE ZONING ORDINANCE PERTAINING TO THE DEFINITION OF YARD 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: Yard. A required open space unobstructed by any structure or portion of a structure above the ground elevation; pro- @ided, however, that: (a) fences, walls, poles, posts, wires and customary yard accessories; and (b) roof overhangs or eaves extending not more than four (4) feet into a yard; and (c) residential heatinq and coolinq mechanical n' ot more than five nii, c e'u PTentt e t:r feei " . axy dono loser than five T5) feet to an existing property line; and (d) chimn7ysh:xt n ing not more than eighteen (18T nc s 7nd to a yard; and-earperts-and-garages may occupy portions of certain yards as provided herein; subject, however, to height limitations and other requirements limiting obstruction of visibility applying to such yards. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of August 1977. ITEM #11172 COUNCILMAN IICCOY RETURNED TO CHAMBERS On rnotion by Councilman Cromwell, seconded by douncilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Batim, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: IVone Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance to amend and reordain Article 4, Section 401 of the Comprehensive Zoning Ordinance pertaining to Care Facilities in the AG-1 Agricultural District: 8 / 1 57 7 -18 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 4, SECTION 401 OF THE COMPRE- HENSIVE ZONING ORDINANCE PERTAINING TO CARE FACILITIES IN THE AG-1 AGRICUL- TURAL DISTRICT BE IT ORDAINED BY THE CCUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 401(c), Conditional uses and structures, of the C. Z. 0. is arnended and reordained as follows: (7) Family care homes, foster homes or group homes; (8) @7)- Fraternity and sorority houses, student dormitories and student centers; provided that the same be located within a one (1) mile radius of a college or university; (9) Golf courses, including par 3, with a minimum area of ten (10) acres, and miniature golf courses; (10) Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; child care centers, day nurseries, other than those covered as permitted principal uses and structures hereinabove, when not operated by a public agency; (11) @1-0) - Hospitals and sanitariums; (12) @l4@ Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (13) @1-24- Monasteries and convents; (14) @1-34 - Museums and art galleries when not operated by a public agency; (15) @1.0 - Private schools having academic curriculums similar to public schools; (16) @1-54 - Public utility transformer stations and major trans- mission lines and towers (50, 000 volts or rnore); (17) (1-64- Recreation and amusement facilities of an outdoor nature other than as specified under permitted prin- cipal uses and structures, which may be partially or temporarily enclosed on a seasonal basis with approval of City Council. 8 /15 7 7 1 9 - (1 8) CI-74 - Recreational campgrounds; (19) (.1@ - Riding academies, horses for hire or boarding; (20) CI-94- Storage, offices or maintenance installations for public utilities; (21) Television or other broadcasting stations and line- of-sight relay devices; (ZZ) @114- Lodges for fraternal organizations; (Z3) Two family detached dwellings. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of August 1977. ITEM #11173 On motion by Councilman Cromwell, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Dvlayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance to amend and reordain Article 5 of the Comprehensive Zoning Ordinance pertaining to Care Facilities in the R-1 and R-9 Residential Districts: 8 / 1 5 7 7 - 2 0 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 5 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO CARE FACILITIES IN THE R-1 AND R-9 RESIDENTIAL DISTRICTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 501(c), Conditional uses and structures, of the C. Z. 0. (relating to the R-1 Residential District) is amended and reordained as follows: (5) Family care hornes, foster homes or group homes; (6) @5-)- Fraternity and sorority houses, student dormitories and student centers, provided, however, that the same shall be located within a one (1) mile radius of an established college or university; (7) Home occupations; (8) Marinas, other than commercial, excluding facilities for storage and repair of boats and sale of boating supplies and fuel; (9) Museums and art galleries when not operated by a public agency; (1 0) @9.)- Non-illuminated golf courses; including par 3 but not miniature, with a minimurn area of ten (10) acres, together with such uses which are incidental to golf courses, pro- vided that such uses shall be designed and scaled to meet only the requirements of the members, guests, or users of the golf course, and no signs or other indications of such uses shall be visible from any public way; (11) @1-04 -Private schools having academic curriculums similar to public schools; (12) (Ii Recreation facilities of an outdoor nature, other than as specified under permitted principal uses and struc- tures, which may be partially or temporarily 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; 8 /15 7 7 (13) Residential kennels; (14) @1-34- Stables for horses, provided that no stable shall be within three hundred (300) feet of any property line; (15) @l-q- Storage or rnaintenance installation for public utilities; (16) @1-54- Television or other broadcasting stations and line- of-sight relay devices. That Section 581(c), Conditional uses and structures, of the C. Z. 0. (relating to the R-9 Residential Townhouse District) is arnended and reordained as follows: (5) Family care homes, fo.ster homes or roup homes; (6) @5-)- Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (7) Museums and art galleries when not operated by a public agency; (8) Private schools having acadernic curriculums similar to public schools; (9) Recreation and amusement facilities of an outdoor nature, other than as specified under permitted principal uses and structures, which may be partially or ternporarily enclosed on a seasonal basis with approval of City Council, except that riding academies and recreational carnpgrounds shall not be allowed as a conditional use or otherwise; (10) @9l)- Storage and maintenance installations for public utilities. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of St 1977. APPROVED AS TO CONTENT ITEM #11174 On motion by Councilman Cromwell, seconded by Councilman Baum, 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, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance to amend and reordain Article 6 of the Comprehensive Zoning Ordinance pertaining to Care Facilities -in the A-1 tment District: 8/15/7 2 2 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 6 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO CARE FACILITIES IN THE A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 601(c), Conditional uses and structures, of the C. Z. 0. is amended and reordained as follows: (5) Family care homes, foster homes or group homes; (6) @5-)- Fraternity and sorority houses, student dormitories and student centers; (7) Homes for the aged, disabled or handicapped, including convalescent or nursing homes; maternity homes; (8) @7-)- Hospitals and sanitariums; (9) (4)- Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; (10) @9-)- Medical offices and clinics; (11) (1-04- Mobile home parks; (12) @l4@ Museums and art galleries when not operated by a public agency; (13) @l-Z4 - Private schools having academic curriculums similar to public schools; (14) (1-34 - 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, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise; 8 /15 7 7 2 3- (15) (14) -Television or other broadcasting stations and line- of-sight relay devices. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of 1977. S TO CORM SIGN,I,TURE CITY AT IOPNEY ITEM #11175 On motion by Councilman Ferrell, seconded by Vice @,layor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, ?vlayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vfce Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to defer until September 12, 1977 the following ordinance to amend and reordain Article 9, Part D, of the Comprehensive Zoning Ordinance pertaining t6 Housing r tle Aged, Disabled or -L@ I Handicapped in the B-4 Resort-Commercial District: 8/15/77 2 4 - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 9, PART D, OF TH.E COMPREFIEN- SIVE ZONING ORDINANCE PERI'AINING TO HOUSING FOR 'I'HE AGED, DISABLED OR HANDI- CAPPED IN THE B-4 RESORT COM@IERCLAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE, CITY OF VIRGINIA BEACH, VIRGINIA: That Section 931, Use Regulations, of the C. Z. 0. , is amended and re - ordained as follows: (c) Conditional uses and structures: (2) Homes for the aged, disabled or liandicapped, including conval.escent or nursing hornes; i-naternity homls2, day care centers, other than those covered under permitted principal uses and structures hereinabove, when not operated by a public agency; (3) C2,) 1%4arinas, including facilities for storage and repair of boats and sale of boating supplies and fuel. That Section 932, Minimum Lot Area, Lot Width, Yard Spacing and Maximum Density Regulations, of the C. Z. O., is amended and reordained as fonows: The maximum density for all permitted uses and structures except hotels, motels and multiple family dwellings shall not exceed a floor area ratio of 1. 75 times the zoning lot area. The maximum density for hotels and motele shall be the same as for the 11-1 Hotel District. The maximum density for multiple family dwellings shall be the rame as for the A-4 Apartment District. The maximiim density for homes for the aged, dis,@ibled or handicapped shall be sixty (60) dwelling units per acre. That Section 934, Height Regulations, of the C. Z. 0. , is amended and re- ordained as follows: 934. Height Regulations Within the B-4 Resort Commercial D.i.strict, no portion of any building or other structure shall exceed a height of seventy- 2 5 - five (75) feet, except for homes for tlie aged, eiisabled, or handicapped wliicti shall not exceed 165 f(-et in liciglit. That Section 935, O.If-Street Parking Requircy,.-ients, of the C. Z. 0. , is amended and reordained as folloxs: 935.Off-Street Parking Requ;rements Within a B-4 Resort Commercial District, the same off-street parking requirements which are applicable to uses permitted witbin the B-2 Community-Business I)istrict shall apply to any of such uses which are also permitted in ',.lie B-4 Resort Commercial District and in addition, tlie lollowing specified uses shall cornply with the off-street parl,.ing requirements designated thei-efore: (a) liotels and motels: at least orie (1) space per unit; (b) Housin,.,, for the aged, disabled or handicapped- at least one (1) space for every two (@) units; (c) Multiple family dwellings: at least one and one-half (1-1/2) spaces per unit; however, if in the overall requirements any fractional parkitig space shall be required, such fraction shall be ir-creased to one (1) full spxce; (d) For all other uses, the off-street parking requirements shall be as specified in the B-2 Community-Business District. DEFERRED UNTIL SEPTEMBER 12, 1977 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977. ITEM #11176 - 2 6- On motion by Councilman Baum, 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- Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance to amend and reordain Article 1, Section 106 of the Comprehensive Zoning Ordinance pertaining to Appeals and Variances: AN OMINANCE TO AMEND AND REO@N ARTICLE I, SBCTICN 106 OF THE COWPMMSIVE Z@G 010@ PE@G TIO APPEAIS AND VAPJA= BE IT 0 BY nE OC)UNCIL OF = CITY OF VIFCMM BEACH, VIFCINIA: That Article 1, Section 106, Appeals and Variances, of the C.Z.O. is @ded and reordained as follows: 106. Appeals and Variances (e) In regard to Article 12 and National Flood Insurance Program, variances should only be issued for new con- struction and substantial improvermnts to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformnce with the procedures below: (1) Variances shall only be issued upon a showing of good and sufficient cause, a dete@ation th t@ failure to grant the variance would result in exceptional hardship to the applicant, and a deterrunation that the granting of a variance will not result in increased flood heights, addi- tional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or vict @ zation of the public, or conflict with existing local laws or ordinances. (2) variances shall only be issued upon a determination that the variance is the @imum necessary, OC)nsid- @ing the flood hazard, to afford relief. (3) The City of Virginia Beach shall notify the appli- cant in writing over the signature of a City official that the issuance of a variance to con- struct a structure below the base flood level will result in i-ncreased premium rates for flood insur- ance up to amunts as high as twenty-five (25) @ollars for one hundred (100) dollars of insuranoe coverage and such construction below the base flood level increases risks to life and property. Such notificati-on shall be niaintained with a record of all variance actions as required in paragraph 4 belcw. 8 1 5 7 7 - 2 7 - (4) The City of Virginia Beach shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual report submitted to the Administrator. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of August 1977. APPRO)OD AS TO CONT*ff S(GNATUP@ 7- /J@ 77 @Pe-MOVED AS TO FORM SIGNATUPE CITY ATTORNEY 8/i5/77 - 2 3 - ITEM #11177 on motion by Councilman Baum, seconded by Councilman Griffin, and by recorded vote eLs follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. llolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield Jr. City Council voted to approve the following ordinance to amend and reordain Article 1, Section ill of the Comprehensive Zoning Ordinance pertaining to Definitions: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF THE COM- PREHENSIVE ZONING ORDINANCE PERTAIN- ING 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: Flood Plain. That land area adjoining a river, stream, watercourse, ocean, bay, or lake, which is subject to inundation. Flood plains shall be determined as the land situated below the ele- vation of (a) that recorded by the maximum elevation of the flood water of record or (b) the intermediate flood level as determined by the U. S. Army Corps of Engineers or (c) the flood level as determined by the Department of Gemmen-it-y- 6ery-iees Public Works. whichever is greater. Any changes in the delineation of the intermediate flood level are subject to approval by the Federal Insurance Administrator. A flood plain is divided into two areas: (a) Floodway. A natural or artificial watercourse with definite bed and banks to confine and conduct flood flows. The top of the banks form the dividing lines between the floodway and the flood fringe. Floodway lines must be established in such a manner that some loss of storage and hy- draulic conveyance attributable to guiding future development outside the floodway will not increase flood heights more than applicable regulatory standards. Pending floodway delineations from a storm drainage master plan, minimum natural floodways shall be identified from Soil Conservation Service soil maps and shall be on file with the Department of Gommunity-Ser-w-ices Public Works and the Planning Department. (b) Flood Fringe. The relatively flat area or low lands adjoining a floodway which has been or may in- frequently be covered by flood water. Substantial Improvement. As it relates to Article 12, Flood Plain Regulations, any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the im- provement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day olf August 1977. 8 / 1 5 / 7 7 ITEPI #11178 On motion by Councilman Baum, seconded by Councilman Griffin, and by @ecorded 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, Roger L. Riggs, and Vice llayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance to amend and reordain Article 2, Section 232 of the Comprehensive Zoning Ordinance pertaining to for Mobile Home Parks: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 232 OF THE COMPREHENSIVE ZONINQ ORDINANCE PERTAINING TO REQUIREMENTS FOR MOBILE HOME PARKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 232, Mobile Home Parks, of the C.Z.O. is amended and reordained as follows: (b) Tract. The mobile home park shall comprise a single tract except where divided by public streets or alleys or where the total tract includes separate parcels for necessary utility plants, maintenance or storage facilities with appropriate access to the park. All lands involved shall be so dimensioned and related as to facilitate efficient design and management. Density shall not exceed seven (7) units per gross acre. The following shall apply to any mobilehome park located in a flood plain including new mobilehome parks and mobile home suldivision ; ex pansions to existing mobile home parks and mob ile home :ubdillisions; and existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or @ent of the value of the streets, utilities and ,ads b8lore the repair, reconstruction or improvement has co.. n ed. (i) stands or lots shall be elevated on compacted fill or q so tlat the lowest floor of the mobile home "Illnb: at or above the base flo d evel, (ii) ade, uate ur ce drainage and access for a hauler shall Fe provid;df:nd (iii) in the instance of elevation on pilings, lots shall be Ta-r e enouh to pemit steps, piling foundations shall St, be ?n ,b?e ,Oil no more th6n ten (10) feet apart; and reinforcement shall be provided )ove the ground level. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 il'EM #11179 -30- Pn motion by Councilman Baum, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. CroTnwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance to amend and reordain Article 12, Sections 1201 and 1203 of the Comprehensive Zoning Ordinance pertaining to Fl-ood PI-ain ations: AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 12, SECTIONS 1ZOI AND IZ03 OF THE COMPREHENSIVE ZONING ORDINANCE PER- TAINING TO FLOOD PLAIN REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINI.A: That Article 12, Sections 1201 and IZ03, of the C. Z. 0. is amended and reordained as follows: Section 1201. Establishing the Flood Plain Areas Flood plain and floodway areas shall be established in conformance with the definitions of Flood Plain and Floodway. Any land included within a Flood Plain shall be subject to the use regulations and the special requirements relating to floodways and flood fringes as set forth in this Article, provided that any permitted develo'pment is further subject to all federal and state rules a Section 1203. Special Requirements Applicable to the Flood Plain (a) Regulation of floodways. Any provision to the contrary notwith- standing, no use or structure or substantial improvernent to existing structure shall be permitted in any floodway, if such use or structure or substantial improvernent will adversely affect normal flood flow, or will increase oding of lands above or below the property, or will increase erosion within or adjoining the floodway, or will cause diversion of flood waters in any manner more likely to create damage than does flow in a normal course, or will increase peak flows or velo- cities in a rnanner likely to lead to added property damage or hazards to life, or will increase amounts of damaging materials (including those likely to be injurious to health) which might be carried downstream in floods. (b) Regulation of flood fringes. Every structure or substantial improvement to existing structure permitted in the flood fringe shall be so located, elevated, and constructed as to resist floatation and to offer minirnum obstruction to floow flow. The 8 1 57 7 - 3 1 - f-i@shed-f-irst-i@r-.e4evat-i@ lowest floor (including basement) of every Elwe4l-i@ structure shall be a minimum of one (1) foot above the elevation of the flood plain. No use shall be permitted if such use will increase the amounts of potentially damaging rnaterials (including those likely to be injurious to health) which might be carried downstream in floods. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of August 1977. APPROXED AS TO CONTEW 7-IS- 7 7 tPARTM T APF,TZOVED A, S TO FORM SIGI@ATURE CITY ATTOPNEY 8 / 1 57 7 ITE@l #11181 On motion by Councilman Riggs, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Idayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Abstain: Councilman John A. Baum Absent: Councilman J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance closing, vacating and discontinuing a portion of Greensboro Avenue between Blocks 18 and 19, Mediterranean Avenue to Lake Rudee, as shown on the Plat of Shadowl,w, Heights, Map Book 7, Page 14, Sheet 1, Circuit Court of the City of Virginia Beach, Vir.-inia. Approval subject to the following stipulations: 1. A subdivision plat is to be recorded which combines Lots 3, 4 and 5 of Block 1S and Lots 1, 2, 4, 6, and 8 of Block 19 into one lot having direct access to a public street. 2. The applicant is to make arrangements satisfactory to officials of the Public Utilities Department for the abandonment of the existing 2-inch water line located along Greensboro Avenue and the relocation of the existing meters or provide the necessary utility easements. 3. The applicant is to dedicate the necessary easements for the existing VEPCO electric facilities along Greensboro Avenue. 8/15/77 - 3 3 - AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION OF GREENSBORO AVENUE BETWEEN BLOCKS 18 and 19, MEDITERRANEAN AVENUE TO LAKE RUDEE, AS SHOWN ON THE PLAT OF SHADOW LAWN HEIGHTS, MAP BOOK 7, PAGE 14, SHEET 1, CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper Notice that Milton J. Weller would make application to the City Council of the City of Virginia Beach, Virginia, to have the hereinafter described portion of Greensboro Avenue closed, vacated and discontinued, was duly posted; and WHEREAS, application was made to the City Council and, Pursuant to the statutes in such cases made and provided, the no inconvenience to the public or to private individuals would result from such closing, vacating and discontinuance; and WHEREAS, it is the judgment of the Council that said portion of Greensboro Avenue should be closed, vacated and discontinued; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the sa.id portion of Greensboro Avenue between Blocks 18 and 19, Mediterranean Avenue to Lake Rudee, is hereby vacated and discontinued as a public thoroughfare of the City of Virginia Beach, Virginia, said portion of Greensboro Avenue not being needed for public use and travel: TKkT portion of Greensboro Avenue as shown an the rmp of Shadowlawn Heights, Virginia Beach, Princess Ame County, ,which plat was made in April, 1924 by Jno. M. Baldwin, et al, and is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Kv Book 7 at page 14, sheet 1, and bein that certain portion of Greensboro Avenue lying between Blocks 18 and 19 and being bordered on the east by Lake Rudee and on tbe south by Lots 5, 4 and the eastern me-half of Lot 3 in Block 18 an said plat, an the west by a line drawn frorn the center BRYDGES, HUDGINS, of IDt 3 in Block 18 to the center of @t 8 in Block 19 EGE, BURT & O'BRIEN and an the north by Lots 1, 2, 4, 6 and the eastern one- A-.-.Y@ A@ I,@ half of Lot 8 in Block 19 on said plat. Said property V...@@A B.A@., VI.G@.A to be closed being wre particularly described and outlined in red an a copy of said plat attached hereto. 8 /,15 7 7 3 4 - 2. That thirty (30) days after this date a copy of this ordinance, Certified by the Clerk, be spread upon the public records in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in like manner as a deed to lands. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 day of ugust 1977 Approval subject to the following stipulations: 1. A subdivision plat is to be recorded which combines Lots 3, 4 and 5 Block 18 and Lots 1, 2, 4, 6 and 8 of Block 19 into one lot having direct access to a public street. 2. The applicant is to make arrangements satisfactory to officials of the Public Utilities Department for the abandonment of the existing -0-inch water line located along Greensboro Avenue and the relocation of the existing meters or provide the necessary utility easements. 3. The applicant is to dedicate the necessary easements for the existing VEPCO electric facilities along Greensboro Avenue. BRYDGES, HUDGINS, EGE, BURT & O'BRIEN A-.-- A@ L,@ 8/15/77 - 3 5 - I @ c sr z @ E c 9 T ,4 7 7 0 - 3 7 - ITEM #11182 Mr. Grover C. lvright, Jr., Attorney, represented the applicant On motion by Vice Mayor Standing, seconded by Councilman Riggs, 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 AIcCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to deny the followin-- ordinance vacating and dis- continuing a portion of 3rd Street, in the Virginia Beach Borough of the City of Virginia Beach, Virginia: AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF 3RD STREET, IN VIRGINIA BEACH BOROUGH, IN TRE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, N.A.D., Inc., to be presented to the City Council of the City of Virginia Beach, Virginia, on the Ilth day of July, 1977, and for the vacation of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the 20th day of June, 1977, duly posted@at the Court House of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places in the City of Virginia Beach, Virginia, in confoi-mity with the manner prescribed by Code of Virginia, Section 15.1-364, for tte institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council o@@ the City of Virginia Beach, Virginia, on tlie Ilth day of Jul.y, 1977, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the llth day of July, 1977, which was more than ten days after posting notice of the intended application as aforesaid, appointed and as viewers to view such street and report in writing whether in their opinion, any alid if any, what, inconvenience would result from discontinui-,Ig the same, and said viewers have made such report to the City Council of the City of Virginia Beach. Virzinia: and 8/15/ 3 8- WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Colincil of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and di@continuing the portion of said street, and that the portion of said street should be vacated and discontinued NOW, THEREFORE, BE IT ORDAINED by tle Council of the City of Virginia Beach, Virginia: 1. Tlut the portion of 3rd Street, in the Borough of Virginia Beach, in the City of Virginia Beach, Virginia, be, and the same hereby is, vacated and discontinued: All that portion of 3rd Street south of and adjacent to the property of N.A.D.,Inc. between the west side of Atlantic Avenue and the east side of Rudee Boulevard, in Virginia Beach Borough of the City of Virginia Beach, Virginia, as shown on the pat attached hereto entitled "Plat Showing Proposed Closure of 3rd Street Between Atlantic Avenue and Rudee Boulevard", made by Engineering Services, Inc., dated May 24, 1977. 2. This ordinance shall be in effect from and after thirty (30) days from the date of its adoption. 3. A certified copy of this ordinance of vacation, together with the plat attached hereto, shall be recorded as deeds are re- corded, and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of N.A.D., Inc., as grantee, in the Clerk's Office of the Circuit'Court of the City of Virginia Beach, Virginia, at the expense of the applicant. 8 / 1 5 / 7 7 Certified to be a true and exact copy of an ordinance, together with the plat annexed thereto, adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the lgth day of S tember 1977. TESTE: R.J. WEBBON, CITY CLERK B y City C e-,k 305 Birch@ood Par@ Dri@e 3 9 - ArLANrIC A VENUE (80 s 06,05,30"r 45,r. 95' PIN if/ Z5. 0 O' ZS.00' 15a oo' tk Is ik .In s 0610)"55"r Z5.00, CURVE DARA t4i #0 RAOI.$ OCL rA kr*or. r..sr@r o,. 5,,5g, i 1. 6.F' 3. *,' e -ci rz "I'@ oz ze" 5 34 tu cq S 06 107'.Y5C ,?5.00, CQ PLAr SHOWING PROPOSED CLOSURE' OF 3 RD srREE r BErWE'EN ArLAA(rlC AVENUE AND RUDEE BOTILEVARD VIROI#IA BEACH BOROUSH VlRd;INIA BI-ACH, VIR47INIA SCAI. C: ZO' MAY Z5, 19;17 L) engineering services inc 305 Bi,ch@ood Park Dri@e Virginia BeGch Virginia 23A52 (804)A86 6AI0 40 - On motion by Councilman Griffin, seconded by Councilman Ferrell, 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, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council voted to approve the following ordinance appointing viewers in the matter of closing, vacating and discontinuing a portion of Thunderbird Drive, Plat of Sleepy Hollow, Lynnhaven Borough, Virginia Beach, Virginia: ORDINANCE APPOINTING VIEWERS WHEREAS, VERONA PAVING CORP. and JOHN ROBERT & MARY L. MORRIS has given due and proper notice, in accord with the statutes with such cases made and provided, that they would, on this day, apply to the CitY Council of the City of Virginia Beach, Virginia, for tha appointment of viewers to view the below-described property, and report in writing to the Council whether, in the opinion of said viewers any, and if any, what inconv,nien,e ,uld result from the discontinuing of hereinafter described portion of Tbunderbird Drive in the Lynnhaven Borough, CitY of Virginia Beach, Virginia, and have filed sucil application with said Coun@il; and NOW, THEREFORE, BE IT ORDAINED.BY THE COUNCIL OF THE CITF OF VIRGINIA BEACH, VIRGINIA THAT, C. Oral Lamhort Scott are hereby appointed to view t] below described property, and report in vriting to the Planning Commission o: I the City of Virginia Beach, Virginia, on or before , and subsequently to the Council whether in their opinion any, and if any, what in- convenience would result from the discontinuing, closing and vacating of that certain portion of Thunderbird Drive located in the Lynnhaven Borough, City of Virginia Beach, Virginia, and described as follow,: That certain portion of Thunderbird Drive in the City of Virginia Beach which is bounded and d,,cribed as follows; Beginning at a point where the northern line of Lot 14, Section 1, Sleepy Hollow (Owned by John Robert & Mary L. Morris) intersects the eastern line of the lands now or formerly owned by Grayson Whitehurst. (This point is also the southwest corner of Thunderbird Drive as shown in Map Book 58 at Page 47). From said point running N9'59159"W, a distance of 5".95 feet; thence turning and istance of 97-20 feet; thence running S77'56'59"E, a d turning and running due south 10.67 feet; thence run,ing along a curve with a radius of 50 feet, a distance of 68.02 feet; thence turning and running N77*56'59"W, a distance of 128 feet to the point of beginning. AND it is our opinion that no inconvenience to the public would re- 8/ 15/ 7sult in discontinuing, closing and vacating the above described street area. - 4 1- IN THE MATTER OF: CLOSING, VACATING AND DISCONTINUING FORTION OF THUNDERBIRD PETITION DRIVE, PLAT OF SLEEPY HOLLOW, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH Your petitioners, Verona Paving Corp. and John Robert & Mary L. Morri respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended, the said petitioners apply for the vacating, closing and discontinuing of that certain portion of a street situate in the City of Virginia Beach, Virginia, and being more particularly described as follows: That certain portion of Thunderbird Drive in the City of Virginia Beach which is bounded and described as follows: Beginning at a point where the northern line of Lot 14, Section 1, Sleepy Hollow (owned by Jolin Robert & Mary L. Morris) intersects the eastern line of the lands now or formerly owned by Grayson Whitehurst. (This point is also the southwest corner of Thunderbird Drive as shown in Map Book 58 at Page 47). From said point running N9'59'59"W, a distance of 53.95 feet; thence turning and running S77@56'59"E, a distance of 97.20 feet: thence turning and running due south 10.67 feet; thence running along a curve with a radius of 50 feet, a distance of 68.02 feet; thence turning and running N77*56'59"W, a distance of 128 feet to the point of beginning. 2. That no inconvenience will result to any person by reason of said closing, vacation and discontinuance of said street and Petitioners pray that this Honorable Council appoint viewers as provided by the aforesaid statute to view this portion of said street proposed to be closed, and report in writing to the Pianning Commission of the City of Virginia Beach, Virginia, on or before the day of 1977, and subsequently to this Council, whether in the opinion of said viewers any, and if any, what l.licon- venience would result in the discontinuance of said street heretofore described 3. That on the day of 1977, Notices of the Presenting of the Application were posted at the Court House at the Circuit Court of the City of Virginia Beach, Virginia, and in two public places, as evidenced by the affidavit of Donald H. Rhodes, Counsel for the Petitioners, DES AND WATSON attached hereto, and that the landowners along and adjacent to said street v....... desire and request said street to be cosed, inasmuch as the petitioners herein are the abutting owners of all of said property. VERONA PAVING CoRp. JOHN ROBERT & MARY L. MORRIS BY@ na d H. Rhodes COunsel for Petitioners 4 2 - El ITEM #11184 -43- COUNCILMAN CROMWELL LEFT CHAMBERS On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf, 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, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen Robert B. Cromwell, Jr., J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council approved the following Bingo/Raffle permits: Raffle Kellam High School Band Parents Association - Renewal Raffle Building Committee, St. Andrews United Methodist Church - Renewal ITEM #11185 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. iiolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen Robert B. Cromwell, Jr., J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council approved the following tax refunds in the amount of $82.16: AN ORDINANCE AUT[IORIZING TAX REFUNDS Date 8-2-77 UPO',q APPLICATION OF CERTAIN PERSON'S AND UPON CERTIFICATION OF THE TREASURER FOR PAYT-LENT BE IT O.U,%INED BY THE COU&%CIL OF THE CITY OF VIRGIIZIA BEACH, VIRGISLA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: ')-16 TAX TYPE TICKET EXO',qER.4.- DATE NAME YEAP OF TAX NIRIBER TIO'4 NO. PAID PENALTY INT. TOTAL tanley Graber 1977 CD 5918 7-19-77 15.00 5919 7-19-77 15.00 5920 ?-19-77 15.00 ooperman, Lewis J. 1977 PP 19403 6-10-77 14.48 indexter, THomas W. & 1977 REI @50062- 6451 5-26--77 22.68 e-len L. The above abatement(s) totaling _$82.16 were approved by the Council oF the City of Virginia Beach on the 15 day of V. A.Ath@ria&L", Treasurer Approved as to form: Richard J. bon, City Clerk WP 'Erale Bi m@on. Cit, AIrn ITEM #11186 -44- On motion by Councilman Ferrell, 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 Nleyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: Councilmen Robert B. Crom,,vell, Jr., J. Curtis Payne, and Floyd E. Waterfield, Jr. City Council approved the following Standard Water/Sewer Agreement: Water and Sewer Holly Square Townhouses Virginia Beach Borough ITEM #11187 COUNCILIAAN CRO!AWELL RETURNED TO CHAMBERS COUNCILMAN RIGGS LEFT COUNCIL CHAMBERS Mr. 0. L. Gilbert, Chairman of the Concerned Citizens of Virginia Beach, appeared before Council regarding the proposed federally funded subsidized housing. Mr. Gilbert stated that the Committee was formed to oppose the proposed IIUD subsidized family housing. Mr. Gilbert stated he spoke with Mr. Mooney from the School Board and was informed that the housing will produce 262 new students for our schools; 159 elementary students; 58 junior high; and, 45 high school students. Mr. Gilbert cited the following HUD guidelines: 1. Proposed homes shall be outside an impacted area. 2. Free from adverse environmental conditions which includes: a. excessive noise b. vibration C. vehicular traffic 3. Housing shall be accessible to social, recreational educational, commercial and health facilities and services that are found in neighborhoods consisting of unsubsidized housing of similar market rents. 4. Travel time and cost via public transportation or private automobile from the neighborhood to places of employment. lir. Gilbert stated that he has circulated three (3) petitions throughout Green Run opposing this matter. As of today there are approximately 2,500 signatures on the petitions, which Mr. Gilbert will forward to Council when returned to him. Councilman Baum stated that several years ago Council attempted to begin a controlled growth program, and the inain reason the program was abandoned was because there was no public support from any community in Virginia Beach. @,,Iiss Mary Anne DeFir appeared before Council in favor of the proposed federally funded subsidized housing. Mrs. Kathleen Coward, Green Run resident, appeared in opposition to the proposed housing. 8 / 1 57 7 ITEM #11188 -45- Mayor Holland stated that last Friday he and the Mayors from the Cities of Norfolk and Chesapeake held a press conference regarding the water shortage. ttayor llolland stated that the water situation has become critical and the decision of the City to go ahead and put in the four water tanks and two pumping stations and lines in order to give proper distribution was a wise one. Ilayor ifolland stated he would like Council to consider passing a resolution expressing the graveness of the emer--ency situation, which is to be forwarded to the Governor. Ile further stated that on August 22, 1977, the City Council will discuss the ordinances that could be enacted to prevent the nonessential use of water in this City. @,layor Holland stated he would encourage ho-meowners with wells instead of City water to be conservative also as this does lower the water table in an already drought type area. On motion by Vice Mayor Standing, seconded by Councilman Cromwell, 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 @IeCoy, Jr., Councilwoman @leyera E. Oberndorf, and Vice ?.Iayor Patrick L. Standing Nays: None Absent: Councilmen J. Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr. City Council voted to adopt the following resolution designating the City Manager as the official authorized to contact the Office of the Governor for purposes of implementing declarations of a local emergency arising out of a shortage of water resources and out of a need to imple- ment the programs for dealing with such shortage: 8/15/77 - 4 6 - Tile (>t-,Il @'I C)- til, of Vi@inia, in t),@-@ C(:)Lul--il. of tlie t])@@ 15th d@iy c)f August 197V. (11 mtir)n Iry Vice @layor-Standing Eir.Ci F3r,c,,.)TiCied I)y Councilman Cromwell til(-, C)-Ll.c@.,,Iii,n R J'@.@S--O I.-U T I TA'fiElT,J'.S, rfaiiy -Iccalitio-. i-ii c,@..rieilci-iig w@iter @,hortages roquiriiig cLirtailp"C"It of C,-,Cr,,ip2,ike and Vircjiji@-ci @a@; mid ay.-e;is @7i[li-in C!),,I>2ct to c),,perience ,@tich a .,7atcr shr),--ta@l in th- r tz,,ti-c)n ol- xqatc@r Eaad i,i,a i s I of 1)1 c"lli-I i.ng an cg;f prog,-L311, !-'I)t Lli(, C:i@@, -Y jLi), 7, ),977, to caiac@ ac,,tioi, I " til@ of C)f Virciiii@-@@ -ill Ili@s (fi',Od )@4, 19-i7, iii i--cD tlie lical Lli, safc,@t-Y o- th@@i.1 ci-@ c@ jr, I1-1!C' I-C@l 1-@'3 ly pursii;.ii@@ tc) of vi r,,:; i-, il c,f 1973, 1,1-14(i@13, of V, ii) C)rclc@r to pl@iii fc)r aii@3 to --y B( t]'(-, Of:ficc, of tl,Ll C',ovori-lor ',-,i of (.)f a u@,,-ry,c@)cy arisin,,@ C,'u-L- o@- a C), @i!ill c,uL. c)@ ii I,, @L@d irtnlcll- ny@i L il ie p@- f o@_- I j % 74 'l BE, TT tliat (:)f z,,iid cf tj-,.is reF,c)lzition b2 cmTrul-licat(@@ t@o at ()f .14 an- BF ]-T Ciati Lll,,2 c@t@,, is to ie@rt t(-) aiiy 2- 7 i