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HomeMy WebLinkAboutJULY 11, 1977 CITY OF VIRGINII BEA( MUNiCIPAL CENTER City- VIRGINIA BEACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B.y.id@ li.,@.gb f HENRY M,COY, J,, D.D.S., K@.p@,ill, B.,..,b VICE MAYOR PATRICK L. STANDING, Al L.,g@ MEYERA E. OBERNDORF, Al L.,g@ JOHN A. BAUM, B.-@gb J. CURTIS PAYNE, P,i@.... A@@@ ROBERT B. CROMWEI,L, ],, Al L.,@ ROGER L. RIGGS, Vigi@i. B@.,h B.,@,gh GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIELD, I,., P@@g. B.,@@gh JOHN R. GRIFFIN, Ly-h..- @,@,,b A G E N D A RICHARD j WEBBON, Cil, Cl,,k The City Council of the City of Virginia Beach, Virginia, will assemble in the Administra- tion Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m., on Monday, July 11, 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 Father Alfred Grotzinger, St. Gregory the Great Catholic Church, Virginia Beach, Virginia. Please remain standing for the Pledge of Allegiance. 5. Roll Call of the Council, Public Hearings and consideration of Public Business. 6. Minutes of the Regular Meeting of June 11, 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 authorizing the issuance of Public Improvement Bonds in the maximum amount of $15,900,000 and rescinding the $7,000,000 public improvement bonds adopted on March 7, 1977. b.) City Council is requested to approve on second reading an ordinance appropriating $8,200,000 for various highway and engineering etc., (Revenue Sharing Allocations). c.) City Council is requested to approve on second reading an ordinance appropriating funds to provide a continuing education in mental health and aging program totalling $26,985. 8. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Robert G. and Nellie B. Butler for a change of zoning from R-4 Residential District to AG-1 Agricultural District on a 10.5 acre parcel located west of Salem Road, south of Elbow Road (Kempsville Borough). 9. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Donald R. Winslow and Dorothy M. Winslow for a change of zoning from R-3 Residential District to B-2 Community Business District on two ad- jacent parcels, one 2.5 acres and the other 1.1 acres, located on the south side of London Bridge Road, northwest of the Oceana Boulevard intersection (Princess Anne Borough). 10. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of James C. Nocito for a change of zoning from AG-1 Agricultural District to B-1 Business-Residential District on 5.567-acre parcel located on the south side of Princess Anne Road, west of Courthouse Drive (Princess Anne Borough). 11. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of James C. Nocito for a change of zoning from R-8 Residential District to 0-1 Office District on a .3 acre parcel located at the northeast corner of the intersection of Bonney Road and Corwood Avenue (Kempsville Borough). 12. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Eric C. and Patricia F. Smith for a change of zoning from R-5 Residential District to 0-1 Office District on a .25 acre parcel located at the southeast corner of the intersection of Newtown Road and Larry Avenue (Bayside Borough). 13. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Dr. Fred H. Rosenblum, Clarence B. and Gertrude S. Russell, Lee W. Smith, and Vivian Person for a change of zoning from R-8 Residential District to 0-1 Office District on a 0.89 acre parcel located at the southwest corner of the intersection of Indian River Road and Ferry Point Road (Kempsville Borough). 14. Letter from the City Manager transmitting the recommendation of the Planning Conmission for denial of the application of M & M Investors for a change of zoning from 0-1 Office District to A-4 Apartment District on a 2.25 acre parcel located on the north side of Virginia Beach Boulevard, west of Hutton Lane (Lynnhaven Borough). 15. Letter from the City Managex describing the efforts made to rezone certain areas of land @n the Lynnhaven Borough during the past several years and submitting the recom- mendaiion of the Planning Commission to permit withdrawal of those portions of the application which request changes of zoning of a 14.36 acre site located at the aouth- east intersection of Inlynnview Road and Spigel Drive from R-1 Re$idential Di.strict to R-3 Residential District; and in addition, to permit the withdrawal of that portion of the application for the rezoning from R-1 Residential District to R-3 Residential District of a 67.22 acre pracel located at the northeast intersection of Inlynnview Road and South Spigel Road; however, the Planning Commission does recommend that Section #3 of the application be approved. This section would amend the zoning from R-1 Residen- tial District to an R-3 Residential District on a 43.213 acre site parcel located at the northwest intersection of Inlynnview Road and Five Points Road. 16. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of The Presbyterian League of Norfolk Presbytery, Inc., for a Conditional Use Permit for a church on a 3.009 acre parcel located at the south- east corner of the intersection of Providence Road and Whitehurst Landing Road (Kemps- ville Borough). 17. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an ordinance to amend and reordain the CZO by amending Article I, Section 102 to establish an Arts and Conference District and by adding Article 15 pertaining to the Arts and Conference District. 18. Letter from the City Manager recommending that City Council approve an ordinance to amend Chapter 22 of the Code of the City of Virginia Beach by adding thereto provisions per- taining to Tow Truck Operations. 19. Letter from the City Manager outlining a proposal to establish the Virgini,a Beach Very Best Horse Show scheduled for April 6th-9th, 1978 and requesting an appropriation frqm City Council in the amount of $20,000 as "seed" money to be loaned to the Virginia Beach Neptune Festival for which the responsible Neptune Officials will sign a note assuring that the loan will be repaid from the first $20,000 in horse show revenue and within 90 days after the close of the horse show. 20. Letter from the City Manager recommending that City Council approve an ordinance to accept grants totalling $55,823 fr,,M the Division of Justice and Crime Prevention and to appropriate these funds: Estimated Revenue Total From other Agencies Local Match o riations Jail Paramedic Program 22,740-00 750.00 $23,4 0.00 Jail Library Program 18,050.00 950.00 19,000.00 Police Communications Program 12 666.00 667.00 13 333.00 TOTAL $53,456.00 $2,367.00 $55,823.00 The appropriations will be financed by $44,966.00 estimated revenue from DJCP, $8,490.00 estimated revenue from the State Department of Corrections and a local share of $2,367.00 to be transfered from the Reserve for Contingencies - Regular. 21. Letter from the City Manager recamnending that City Council appoint viewers in the application of N. A. D., Inc. for a petition for the closure of a portion of 3rd Street (Virginia Beach Borough). 22. Letter from the City Manager recommending that City Council approve an ordinance to amend and reordain Sections 5-22 and 5-31 of Article III of Chapter 5 of the Code of the City of Virginia Beach, pertaining to Animals and Fowl. 23. 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 $200.29. 24. Old business, deferred from the previous meeting, including any report of the Mayor or Committees named by Council. 25. New business, including any presentations by Council Members, citizens and organizations. 26. Motion for adjournment. ITF,M. #11013 At 2:10 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, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by Father Alfred Grotzinger, St. Gregory the Great Catholic Church, followed by the Pledge of Allegiance. ITEM #11014 Mayor Holland introduced Stephanie Ann Dowdy, a former Miss Virginia Beach. Miss Dowdy introduced this years Miss Virginia Beach, Carol Scotece and former Miss Virginia Beach, Joan Grady. Mayor Holland stated that he appreciated their coming to Council today and wished them the best of Luck. ITEM #11015(a) on motion by Councilman Griffin, seconded by Councilman McCoy, and by,a recorded vote as follows: Ayes: Councilinen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. @\lays: None Absent: None City Council voted to correct the Minutes of July 5, 1977 (ITEM #11000) to read as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Curtis Payne, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: Councilmen J. Henry McCoy, Jr., Roger L. Riggs and Council- woman Meyera E. Oberndorf. Absent: None ITEM # 11015(b) On motion by Councilman McCoy, seconded by Councilman Waterfield, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve a correction in the Minutes of July 5, 1977 as follows: (ITENI #10092) "Project 3-606 - Operations Building Councilwoman Oberndorf requested the following project be deleted: Project 3-616 - City Garage Office Expansion & Alterations"... City Council, further, voted to approve the minutes of the regular meeting of July 5, 1977 and dispensed with the reading of said minutes inasmuch as each Council Member had a copy. ,r ITEM #11016 On motion by Vice Mayor Standing, seconded by Councilman Baum, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Curtis Payne, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilmen J. llenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, and Roger L. Riggs. Absent: None City Council voted to approve on second reading the following ordinance authorizing the issuance of Public lmprovement Bonds in the maximum amount of $15,900,000 and rescinding the $7,000,000 public improvement bonds adopted on March 7, 1977: AN ORDIIIAIQCE AUTIIORIZIliG Tlll, ISSUA,@ICE OF PUBLIC TMPROVEIIEIIT BO@LD@ OF THF-- CITY OF VIRGINIA BEACH, VIRGI@IIA, IN TIIE 'rL@XI.'4uM AMOUIIT OF $15,900,000, AND RT7SCINDII,TC Atl ORDINAT@ICE AUTHODIZIiqlll TilE ISSUANCE OF $7,000,000 PUBLIC IMPROVE@4ENT BO@IDS ADOPTED Oil @QARCH 7, 1977 @4HEREAS, the Council of tlie City of Virginia Beach, Virginia, adopted an ordiiiance on March 7, 1977, authorizing the issuance of general oblil,ation bonds in Lhe macirium amount of $7,000,000 to provide @,1,493,600 for improveriients to the water system, $1,506,400 for iElDrovements to the sewer systerq and $4,000,000 for school facilities, which bonds were intended to be issued under the provision of Section 6.05.1 of the City Charter not requiring the approval of certain bonds by the qualified voters; and IJHEREAS, the City Council adopted an ordinance on April 11, 1977, authorizin- the issuance of general obligation bonds in the maximum amount of $39,900,000, additionally secured by a pledge of water and sewer revenues, for a cai)ital imt)rovement program for water and sewer, sub.ject to approval by the qualified voters, and such bonds were approved by the qualified voters at an election on June 14, 1977; and l@IEREAS, the City Council now desires to finance the $1,493,600 water system ir@iprovements and the $1,506,400 sewer system improvements from tlie proceeds of the $39,900,000 bonds ratlier than from the proceeds of the $7,000,000 bonds so as to periiiit the financing of other needed public improvements under the provisions of Section 6.05.1 of the City Charter not requiring the approval of certain bonds by the qualified voters; and 2 general obligation bonds authorized by the ordinance adopted on klarch 7, 1977, and for the puridoses for which such bonds were authorized; BE IT ORDAII@ED BY THE COUNCIL OF TIIE CITY OF VII@GINIA BEACH, VIRGINIA: 1. It is hereby dete=ined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and iiuprovements, all of which will promote the devel- opment and public welfare of the City, and to borrow money for such purposes and issue the City's Q.eneral obligation bonds there- for. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued public improvement bonds of the City of Virginia Beach in the maximum amount of Fifteen ilillion !4ine liundred Thousand Dollars ($15,900,000) to provide funds, together with other funds that may be available, for the following purposes: Planning, site acquisition and improvements, construction, enlargements, renovation and eauipping of school facilities 8 7,672,000 Improve and extend streets and highways, including right of way acquisition 1,523,156 Construction and improverients of surface drainage systems 712,388 Dredging of Lynnhaven River 457,000 Planning, site acquisition and improve-qents, construction, enlargements, renovation and equipping of municipal buildings, including arts and conference center, correctional facility, grounds maintenance headquarters and storage building, fire stations, school administration building, operations building, motor vehicle garage facilities, healtla department build4-ng and branc-li library 3,283,566 3 Planning, site acquisition and improvements, construction, renovation and equipping o" parks and recreation facilities, including boat ramp, parking facilities, fabrication shop, community center and resl rooms 2,251,390 Total $15,900,000 Any amounts not needed for anv such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, Mature at such time or times not exceeding forty years frori their dates, bear interest at such rate or rates not exceeding the maximum, rate permitted by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at such time or times and in such iianner, including the sale of tlie same as one or more separate issues or in combination with the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal o.F and interest on which its full faith and credit shall be irrevocably pledged. 5. $4,000,000 of the $7,672,000 bonds authorized hereby for school facilities shall be in lieu of the $4,000,000 bonds authorized for school facilities by the ordinance adopted on I-larcli 7, 1977. The remaining $3,000,000 bonds authorized for improver@ients to the water system and the sewer systein by such ordinance shall not be issued, and such ordinance is hereby rescinded; provided, holqever, that such rescision sliall not affect the $5,000,000 outstanding notes issued pursuant to the aforementioned resolution adopted on @larch 28, 1977, and such notes shall be deemed to have been issued in anticipation of a like amount of the bonds authorized hereby. 4 6. This ordinance shall take effect immediately. Approved this 11 day of July, 1977 By Adopted by the City C6uncil of the C,ity of virginia Beach, Virginia, on July 11, 1977. ITEM # 11017 On motion by Councilman Ferrell, seconded by Councilman Griffin, and bY a recorded vote as follows: Ayes: Councilman John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: Councilman J. Henry McCoy, Jr., and Councilwoman Meyera E. Oberndorf. Absent: None City Council voted to approve on second reading the following ordinance appropriating $8,200,000 for various highway and engineering projects etc., (Revenue Sharing Allocations): I AN 01,DINANCE API)i'OPI@IATING E-f(,IIT MILLION, TWO liu@,,',Drl@D TIIOUSTNI) DOLL@,RS ($8,200,000) FOR VARIOUS HIG1414AY AND ENCINEERINC, BUILDINGS, AND PARKS AND RECRI@ATION PROJECTS (RF,VFNUE SliARING ALLOCATIONS) WHEREAS, the City Council is interested, due to continued growth, in providing needed Highway and Engineering, Buildings, and Parks and Recreation capital projects and, WHERF-AS, it is anticipated that the City will receive from Federal Revenue Sharing Funds $3,156,462 for the 8th entitlement period and $5,043,538 for the 9th entitlement period, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA BEACH, VIRGINI.A: That funds to be made available under the Revenue Sharing Program (State and Local Fiscal Assistance Act of 1972 amended) for the periods January 1 through September 30, 1SS77 and October 1, 1977 through September 30, 1978 be appropriated as follows: HIGHWAYS AND ENGINEERING $ 4,795,395 To Include: General Booth Boulevard - Phase I, Holland Swamp Road - Phase I, 11, III, and IV, North Plaza Trail, Diamond Springs Road, Pleasure House Road, Bonney Road, Kempsville Road - Phase I, Indian River Road - Phase II, South Boulevard, and North Lynnhaven Road. BUILDINGS $ 2,860,649 To lnclude: Fire Station #2, Administration Building Addition, Correctional Facility, Operations Building, Rudee Inlet Loop Wayside, Branch Library 19th and Arctic, 30th Street Restroom Mall, Elevator Circuit Court Building, City Garage Expansion, Second Police Precinct Alteration, Little Island Park Building Renovation, and Fire Station #11 Renovation. PARKS AND RECREATION $ 543,956 To Include: Owls Creek Tennis Complex, Virginia Beach Recreation Ceater (Kempsville), and l@oodstock Park. Total Budget 00 000 First Reading: July 5, 1977 Second Reading: July 11, 1977 Adopted by the Council of the City of Virginia Beach on the 11 day of--July 1977. 10 M a, - OQ 0, co 000000-0 0000 H. OOOC)O @Z)@o 0 0 w P- o, z 0 0 (D rD 11 to t7i wH' 10 C) cd w @l. 0 0 0 0 mw0 0 H.0 " 11 H w m 0 11 IQ IDD, (OD 00 :01 10, 0. OQ O" 0 :3, m 0C) M. 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(Z) C) t;o t:) 0 L4 0C) u, 0 (=) :3 - C) 10 c:)o c) o a, 0 0 00 @ 0 0 CL 0 C=) 00 00 00 00 0 D 0 PO cn CD (D > 0- to t, kA 0 - - cn CD u 0 w I ' - I . a. . I . . @ . I I ID CD 10 0 C) u, 0 t, pq m K (D 11 Lq al C) w 0 0 u, 0. CL r3 pq 00 o, w w N 0 m 10 0 V, (=, @ 0 'C) lb 10 10 0 41 C) C) C)0 0 0 0 C) 0 0 w 0 C) C) 0 O'D 0000000000000,000 n 0 0 rt ITEM #11018 On motion by Vice Mayor Standing, seconded by Councilman Griffin, and by a recorded vote as follows: Ayes: Councilman John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance appropriating funds to provide a continuing education in mental health and aging program totalling $26,985: AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE A CONTINUING EDUCATION IN MENTAL HEALTH AND AGING PROGRAM WHEREAS, the City Council is interested in erihancing the quality of life for the aging population in Virginia Beach, and WHEREAS, the City Council is interested in providing a selected group of professionals, paraprofessionals, City officials and community leaders in the Virginia Beach area with a training and educational program in mental health and aging, and WHEREAS, a grant of $26,985 has been provided by the Department of Health, Education, and Welfare for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $26,985 be appropriated for a Coninuing Education in Mental Health and Aging Program in the Fiscal 1977-78 Operating Budget. First Reading: July 5, 1977 Second Reading: JulY 11, 1977 Adopted by the Council of the City of Virginia Beach on the 11 day of July 1 1977. ITEM #11019 Petition of t-I & 1,1 Investors foi, a Channe of Zoniricl, District Classification from 0-1 Office District to A-4 Apartiiieiit District oi, certain pi,@r)erty lo-.ated on the North side of Virginia Beach Boulevgi-d begitinii-ig at a poiiit 800 feet West of Hutton I.atie, i-unning a distancc,. of 200 fe,-t aloiig ti-,e t@orth side of Virgiiiia Bc@ach Boul(,.vai-d, rL[nnir,.g a distance of 484.1 feet along the tlestern property line, t,unniii@i a distarc(@ of 212.5 feot aloiig tiic, I'lorthern pi,o[)e)-ty line and running a distance. of 415.8 feet @ilorig tli2 Eastern pi@opel,ty litle. Said pai@cel contaiiis 2.25 acres. (ELircka lliri,-Lotidoti Bridge Preas). LY,'@r,'I!AVEtl BOROUGII. PLAr@NING CO,@114ISSIO!,l RECO@'@.lEt@DA@FION: A motion v.,as passed t@v tlie Platirtin, Con,.iiiissioti by a recorded vote of 10 for the motion and I agaiiist to @'C.-I)Y tiiis It @.,,as felt this li@@gli increase i@r, density is not in koepii-,g v@,ith zoning of adjacei)t p@'operties. On motion by Councilman Griffin, seconded by Councilman Waterfield, and by a 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 @Aeyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer, until July 18, 1977, the above petition of M & M Investors for a Change of Zoning District Classification from 0-1 Office District to A-4 Apartment District on certain property lo- cated on the North side of Virginia Beach Boulevard beginning at a point 800 feet West of Hutton Lane, running a distance of 200 feet along the North side of Virginia Beach Boulevard, running a distance of 484.1 feet along the Northern property line and running a distance of 415.8 feet along the Eastern property line. Said parcel contains 2.25 acres. (Eureka Park-London Bridge Areas). LYNNHAVEN BOROUGH ITEM #11020 Petition of Robert G. and Nellie B. Butler foi- a ChanGc of Zonina Distl@ict o t@.@ @icultural District on Classifica.tion from R-4 Pesideiiti@ll [)istrict t1,@[ certain propet,ty located 500 feet ni,,)re or less iiest of S:ilei@ Road beqinnitig at a point 17-@O feet niore. or less Soutil Of i-Lin@iing a dis@ance of 1700 feet nlol'e or less in a Sou'Ll li,,,ieste@@ly di),ectlon, runiiiilg a distance of 1500 feet niore or less in a Not-thc!a.,,tpi@ly direc"icii and running a distance of 840 feet inore or less iii a Nortii%-iestei,ly directioii. Said pat,cel is ti-i- angular in shape and contains 10.5 act@es. KEIIPSVILLE BOROUGH. PLANNING COt@,41SSION RECOI,l@"ENDATIO@4: A rpotion was passed unaiiiiiiously by tlie Planiling Cor,!,-iissi@,ii by a recoru'-,,,i' vote of 11 to approve tiiis request. The following persons appeared in favor of this application: Mr. Frank L. Stott 'Mrs. Dunning Mrs. Kenneth Mrs. Keith appeared in opposition to the application. On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Jokin R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., CoLincilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfiel(i, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Robert G. and Nellie B. Butler fo3., a Change of Zoning District Classifi- cation from R-4 Residential District to AG-1 Agricultural District: ORDINANCE UPON PETITION OF ROBER G. AND Z0777252 NELLIE B. BUTLER FOR A CHANGE OF DISTRICT CLASSIFICATION FROM R-4 Residential District to AG-1 Agricultural District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Petition of Robert G. and Nellie B. Butler for a Change of Zoning District Classification from R-4 Residential District to AG-1 Agricultural District on certain property located 500 feet more or less West of Salem Road beginning at a point 1730 feet more or less South of Elbow Road, running a distance of 1700 feet more or less in a Southwesterly direction, running a distance of 1500 feet more or less in a Northwesterly direction and running a distanc e of 840 feet more or less in a Northwesterly direction. Said parcel is triangular in shape and contains 10.5 acres. KEMPSVILLE BOROUGH This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of July, 1977. ITEM #11021 Petition of Donald R. tlinslovi and Dorothy t.l. Winsloii for a Clianqe of Zoninq District Classification 1-rorn R-3 Residential District to liess District on ce)-taiTp-r6-rei-ty located on tlie Sc)uth side of London Bridj-e i,cad beginning at a point 2950 feet niore 01, less l@ic-st of Oceana P)oulevard, ru!-ining a distance of 331.11 fee-L along the Sot.ith side of Londo@i Bricige Road, i-Linning a distance of 310 feet aloiig t@ie le!estet,ii prc)i)ortv l@ine, rui@ning a dist.,nce of 380 feet along tlie Soutl)2rn prope@,ty linl diid i-@iiiiiing a distance of 3,@O feet along the Easter@n pi@opet@'Ly Iiiie. Said parcel coritains 2.5 acres more oi@ less. PRINCESS ANi,4E BOROUG@I. PLArINING COt"'i',IISSIOIN RECO@,,@IENDATION: A motion was pass ed uiianiiiiously by tho Planning Co;prQissioii by l recorded vote of 11 to approve this request. For the inforr,,.ation of tlie applfca@)t, priot, to thc issuatice of a building periiiit, the follo@-iing %,,,ill be requit,cd by tlie adiiiiiistrative staff: Standard iniprovenleiits as require(i by the Site Plan Ordinance. Further, this orditiance sliall be effective upon satisl@actor,y cor.@pliance to the conditions iniposed in 'u-@iis iiiotiot), and it iS Lli)derstood and agreed to by t@ie applicaiit that tlie official chaiiae on tlie zoning inaps not be made until the folloviiiig condition is satisl@ied: A dedication of right-of-viay 45 feet from the centerline of the existing 55 foot ric,.Iit-of-viay along the 381,.11 foot mol-e or less frontage on London @ridge Road (a 15-foot dedication). Mr. Owen Pickett, Attorney, represented the applicant. On motion by Councilman Payne, seconded by Councilman Waterfield, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Fertell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Donald R. and Dorothy M. Winslow for a Change of Zoning District Classification from R-3 Residential District to B-2 Community- Business District: ORDINANCE UPON PETITION OF DONALD R. AND Z077253 DOROTHY M. WINSLOW FOR A CHANE OF ZONING DISTRICT CLASSIFICATION FROM R-3 Residential District to B-2 Community-Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Petition of Donald R. Winslow and Dorothy M. Windslow for a Change of Zoning District Classification from R-3 Residential District to B-2 Community Business District on two adjacent parcels, one 2.5 acres and the other 1.1 acres, located on the south side of London Bridge Road, northwest of the Oceana Boulevard intersection (Princess Anne Borough) For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administra- tive staff: Standard improvements as required by the Site Plan Ordinance Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions is satisfied: A dedication of right-of-way 45 feet from the centerline of the existing 55 foot right-of-way along the 381.11 foot more or less frontage on London Bridge Road (a 15-foot dedication). This ordinance shall become effective upon date of adoption. Adopted by the Council of the@City of Virginia Beach, Virginia, on the 11 day of July, 1977. ITEM # 11022 Petition of Daiiald R. 1-1-irislo@-i atid Dorothy @l. Wiiislow for a hanqe of Zoninq District Cl@@ssif,@Ica-t-len fi@c)!ii AG-1 fgi,iculttji-al District to B-2 CD!Ili,u-nity- Busiiiess Disti,ic-L, on ce@,taiii 1)1,0'oc,@@Lv locat,--ci 310 fee'@ South of I-otidoti Bridge Road beg-iiiiiing at a poitit 2950 i@C'.et iiioi-e. or less @!est of Oc(-,ana Boulevard, running a distaiicc of 3')l I'ect alotig t);e Lastei@ii property Iiiie, rlill@iing a distance of 231.49 fcct along t@ie Nloi@thei,i) p@'opet-ty litie, r@iiinirig a distance of 330 feet alotig the @lestern pi,op@.t@ty line aiid t@ui)nitig a distance of 50 feet along th-. Soutfii,-rn prn;iei,ty litic. Sai(I parcctl cuiitains 1.1 acres. PRIT@CESS ANNE BOROU'UH. PLAtINItiG COrit,IISSIO[i IZECO@,,@IE[IDATIOtl: A motion %,ias passed Lii-ianiiiiously b,y t[ic Planr,,iiig Comniission by a recol@ded vote of 11 to approve tliis i,eqliest. For the informatiori of tlie epplicant, I)ric)r to tlie issuirice of a building perinit, the following @!ill be i@cqu-i@-cl by tlie adiiiinistrative staff: Standard iniprove;.,icnlis as YeqLiired Ly the Sitc Plail Ot@diiiance. Mr. Owen Pickett, Attroney, represented the applicant. On motion by Councilman Payne, seconded by Councilman Waterfield, and by a recorded vote as follows: Ayes: Councilmen John A. Baum Robert B. Cromwelll, Jr., George R. Ferrell, John R. Griffin, Mayo'r Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Donald R. Winslow and Dorothy M. Winslow for a Change of Zoning District Classification from AG-1 Ag,il-.Itural Di,t,ict to B-2 C.mmunity Business District: ORDINANCE UPON PETITION OF DONALD R. WINSLOW Z0777254 AND DOROTHY M. WINSLOW FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District to B-2 Community Business District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Peition of Donald R. Winslow and Dorothy M. Winslow for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community Business District n certain property located 310 feet South of London Bridge Road beginning at a point 2950 feet more or less west of Oceana Boulevard, running a distance of 381 feet along the Eastern property line, running a distance of 231.49 feet along tbe Northern property line, running a distance of 330 feet along the Western property line and running a distance of 50 feet along the Southern property line. Said parcel contains 1.1 acres. PRINCESS ANNE BOROUGH For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administra- tive staff: Standard improvements as required by the Site Plan Ordinance. This ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of july, 1977. iil',Ivl 4 ilO2J Petition of James C. Nocito for a Chaiioe of Zonina District UlassiTicaliori from AG-1 Agri6ultur,al District to B-] Business-Rcsiden'@ial Disti@ict on certain property located on the @-lest sidc, of Princess Anne Road beginnitig at a poil@t 340.20 fee t Nort ti ol@ C@ iebc Road 'k FO),i:i.-@,ly Ccitit@t Iir)use Di-ive runniii g a dis - taiice of 386 .67 feet al ()ii @ILI,' side o-F t ,iiiccss Anne Road , run nin g a distance bf 629.43 I'@t [;orthci,i@ )t-cpE@rty liric, runnilig a distance of 393.80 feet along tlie -i @iie, and rlin!iing a distitice of 672.40 feet along tlie '@outh("Il ll)lol@C!t,'Ly I 4,-io. Said pal,cc@l contains 5.567 acres. PRINCESS A@!,IIE [30ROUC@ii. PLANNING CONlt@ISSIOiN RECO,'itiE,I!bATION: A motion was passed uniniiiiously by thE, Pla@ining Coni@rission by a recorded vote of 11 to approve this recluest. a For the informat-lon of the applicant, prioi, to tyie iSSLiance of a building permit, the follotiing will be reqliired by tlic, adi-ni@iistrative staff: 1. Standard impi-c)veiiients as required blv the Site Plan Ordinance. 2. City water an(i se@.ier. 3. A study is "o be conducted by tlie cILveloper to determine whethel, the existing Coui,thouse seviei,a(lie fac:llities iiave sufficient capacity to handle the seiiage flo%,i expected t-iith tlie development of this site. 4. A sewerage lif+l station will ',@e required and the jpgrading of the existing putiip stition riiay bc@ required as deterniined by tlie Public Utilities Departn,ent. 5. The petitioner is to obtain tlie appr,oval of the Historical Review Board. Further, this ordiri@ir@ce ,h@ll I,,P. -jl)oii -cd'li@,fictory co@Tlpliailce to the conditiotis @l@ i ti ',)ii, ;I,,I(l -1 t i S Lit) (lers to od an d agi,e ed to by the applican' t@iil t',i,e @fi cii t@i@2 -,-orling (,,laps @-lill ilot be made until tlie cr@i@jitic),ii '@, sati,lfied: A d edication of ri c,,ht-of --@i@ty 40 f @e-11 f ropi c en te rl i ne of tlie existing 50 foc)t ari@, i rc)sc@-va'@ion of an additiorial 5 feet along tiic@ 3c@6.67 foot nioi-e oi- Ic--,ss frontage on Princess Anne Road (d 15-fooll- de(iic6t@cii and . 5-foot reservation). Mr. Grover Wright, Attorney, representing the applicant. On motion by Councilman Payne, seconded by Councilman Waterfield, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve an ordinance upon peition of James C. Nocito for a Change of Zoning District Classification from AG-1 Agricultural District to B-1 Business-Residential District: ORDINANCE UPON PETITION OF JAMES C. NOCITO Z0777255 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District to B-1 Business- Residential District Petition of James C. Nocito for a Change of Zoning District Classifi- cation from AG-1 Agricultural District to B-1 Business-Residential District on certain property located on the West side of Princess Anne Road beginning at a point 340.20 feet North of Glebe Road (formerly Courthouse Drive), running a distance of 386.67 feet along the West side of Princess Anne Road, running a distance of 629.43 feet along the Northern property line, running a distance of 393.80 feet along the Western property line and running a distance of 672.40 feet along the Southern property line. Said parcel contains 5.567 acres. 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. A study is to be conducted by the developer to determine whether the existing Courthouse sewerage facilites have sufficient capacity to handle the sewage flow expected with the development of this site. 4. A sewerage lift station will be required and the upgrading of the existing pump station may be required as determined by the Public Utilities Department. 5. The petitioner is to obtain the approval of the Historical Review Board. This ordinance shall be effective upon the date of adoption. Adopted by the Council of the-.City of Virginia Beach, Virginia, on the 11 day of July, 1977. ITEM #11024 Petition of James C. @locito for a Chancie of 7on-iii(i District Classification 0 - @CTF@ c , fT from R-8 Residential District to ,sti,ict on certain property lo- cated at the i'lortheast of rol)lie@, Poi(i @,rid South Cor@,!ood Avenue, i,unning a distance of 120.78 fc,.ct along L@ie I'lo.-tti side of Bonney Road, running a - distance of 109.05 fe,-,t along the Eastc,.rn pi,operty line, t-unning a distance of 120 feet along the @ic)i,t@lil-rn pi,of)(,,r'(y lirc@ @ind runiiir)g a distance of 122.80 feet along the East siilc- of Soulli Co@'WOO(i Aveii,,ic@. Said pircel contains .3 acre more or less. (]Yiaiia Viilage Area). KEI,I',ISVILLE BOROUGH. PLANNING COi%i@IiISSION RECO'l@lE@@DATIOt@: A motion was passed unanii@@Lisly by the Pl@,nning Commission by a recorded vote of 12 to approve this i-equest. For the inforination of tlie applicint, 1)@,ior to tt)e issuance of a building permit, the following i.@ill be requireci by 'L!,,e adriinisti-ative staff: 1. Standard ir,)I)t-overients as required by the Site [Ilari Ordinance. 2. City viater and se,.-Iler. 3. Provision of a 6-foot privacy fence along the eastern atid northern boundaries to provide a buffei, for the adjacerit residential areas. Further, this ordinan@-c sliall bc effective iipon satisfactoi,y conipliance to the conditions impo,led @n this rrotioii, and it is understood and agreed to by the applicant th,@t thE-, cfficiil change on the zoning maps will not be made until tiic follo@lln(,. condi'@ion is s@itis@ied. A dedication of i,ight-of-%,,ay 30 feet i'@,om the centerline of the existitig variablf-, i,ight-o@@-@@iay alon, the 120.78 foot more Qr less fron'l.agc-, c@i, t'load ra 15-1@oot dedication, also a 15-foot radius aL Lh,, iiill(,i-,.ectio@i anci a 5-foot teinporat-y constructioii caseiiic.,n'L. pai,allel to the dedication right-of-tqay). I Mr. Grover WrlgftL , i@ L L,01'11(2y , I'(21jl@U@12 IILUU G',U On motion by Councilman McCoy, seconded by Councilman Ferrell, and by a recorded vote as follows: Ayes: Councilmen John a. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of James C. Nocito for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District: ORDINANCE UPON PETITION OF JAMES C. NOCITO Z0777256 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 Residential District to 0-1 Office District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Petition of James C. Nocito for a Change of Zoning District Classifi- cation from R-8 Residential District to 0-1 Office District on certain property located at the Northeast corner of Bonney Road and South Corwood Avenue, running a distance of 120.78 feet along the North side of Bonney Road, running a distance of 109-05 feet along the Eastern property line, running a distance of 120 feet along the Northern property line and running a distance of 122.80 feet along the East side of South Corwood Avenue. Said parcel contains .3 acre more or less. (Thalia Village Area) KEMPSVILLE 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. Provision of a 6-foot privacy fence along the eastern and northern boundaries to provide a buffer for the adjacent residential areas. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following conditions is satisfied: A dedication of right-of-way 30 feet from the centerline of the existing variable right-of-way along the 120.78 foot more or less frontage on Bonney Road (a 15-foot dedication, also a 15-foot radius at the intersection and a 5-foot temporary construction easement parallel to the dedication right-of-way). This ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of July, 1977 Petition of Eric C. and Patricia F. Sriith for a Channe. of Zoninq District i@@i,ict o.,i certain Classification-from R-5 Residential District to 0-1 Ofi-ice prope@@ty loczited at tiie Sc)utfieast corncr of Road and Lari,y Aveiiue, running a distance of 110 feet alona the SOLIttl side of Larry Avenue, i,iinninq a distance of 133.24 feet along t@,e. Eas-ucrn [)i-ol@erty Iii)e, running a distance of 90.01 fcet along th2 SoL)tYiern property Iiiie and running a distaiice of 134.59 feet alotig tl-ie East sicle of Saici pli@cel contains .24 acre. (Fair lieadov,,s Area). BAYSIDE BOROUcil. PLA.NNING CO".11,11SSION RECOt,','.il@'@IDATIOq: A motion vias passe d utianirrOLISly by tlie Planning Cominission by a recot,decl vote of 11 to approve this requ,?st. For the irfoi-i,.iation of tlie applicant, prior to the is,uiiice of a bu4l@i.@,g permit, tlie follo%.iing @iill be requit-ed by thc, idniinistrativl staff: 1. Standard impi-oveiiicnts as recluired by tlie Site Plan Ordinance. 2. City water ai)d se,,;er. Mr. Lucian B. Cox, III appeared in favor of the application. On motion by Councilman Cromwell, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance upon petition of Eric C. and Patricia F. Smith for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District: ORDINANCE UPON PETITION OF ERIC C. AND PATRICIA Z0777257 F. SMITH FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM R-5 Residential District to 0-1 Office District BE IT ORDAINED BY T-HE COUINCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Petition of Eric C. and Patricia F. Sinith for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located at the Southeast corner of Newtown Road and Larry Avenue, running a distance of 80 feet along the South side of Larry Avenue, running a distance of 133.24 feet along the Eastern property line, running a distance of 90.01 feet along the Southern property line and running a distance of 134.59 feet along the East side of Newtown Road. Said parcel contains .24 acre. (Fair Meadows Area). BAYSIDE BOROUGH For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. iTEM #11026 Petition of Dr. Fred 11. Rosenblti-ii, Clai@etice B. aild Gortrude S. RLISSell , Le,, Smith and Vivian Person foi, a Ch3n@c,-of Zo@iitiq Disti@ict Classif;cation fl,o,;! R-8 Pesidential Distf,ict i 'o O--F-Ci@l cert@,in ;)r(lperty located at tiie South@qest of indian II)iv(@@, i@oacf Eind Fe,.,Y,y Poiiit Poad, i-un- ning a disla[ice (.),@ 1-1,4.23 iloji,l Llic sidl of Indian Riv(,t@ Road, ruiining a dista@ice of @-ect alorici @!Lster,@i lii)e, runniiin a distzitice of 144.23 feet alcii@, SOLIti @)),op(-)rty iiii.e anci rulinilig a di-stance of 373 feot along tlie Eastc.,ri-i p@,op-.rtv 14'rie of 158 feet is tlie llest sidc, of Feri-y Point Road. Said pa@-cel contaiiis 0.89 acre. (1@ew Ligli'u Ai@ea). KEMPSVILLE BOROUGII. PLANNIf4G COt-IMISSIOti RECO@l@,lEtIDATION: A motion itias passed bv t@ie Plaiiiiiiig Cof@@,iiission by a recoi@ded vote of 10 for the niotion and 2 agains" ',-c) -(Iciiy t@is rc,@ques-1. It iias felt ti-lat approval of this requc,.st @qOLll(i constitutr,, sf)ot zon-irig. Dr. Fred H. Rosenblum, the applicant, appeared on his behalf. Mr. Wilson appeared in oppositioii to the application. On motion by Councilman McCoy, seconded by Councilman Riggs, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. I Nays: None Absent: None City Council voted to deny the application of Dr. Fred H. Rosenblum, Clarence B. and Gertrude S. Russell, Lee W. Smith and Vivan Person for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on certain property located at the Southwest intersection of Indian River Road and Ferry Point Road, running a distance of 144.23 feet along the South side of Indian River Road, running a distance of 378.13 feet along the Western property line, running a distance of 144.23 feet along the Southern property line and running a distance of 373 feet along the Eastern property line of which 158 feet is the West side of Ferry Point Road. Said parcel contains 0.89 acre. (New Light Area). KEMSPVILLE BOROUGH Denial of the application was due to that fact that it was felt that approval of this request would constitute spot zoning. ITEM #11027 Application #2742 Petition of Trant-Berkshire Development Corporation for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District on certain property located at the Southeast intersection of Inlynnview Road and Spigel Drive, running a distance of 1242.38 feet along the East side of Spigel Drive, running a distance of 234.48 feet in a Southeasterly direction, running a distance of 212.53 feet in a Northeasterly direction, running a distance of 1264.53 feet along the Eastern property line and running a distance of 415.04 feet along the South side of Inlynnview Road. Said parcel contains 14.36 acres. (Robinhood Forest-Southern Points Areas). LYNNHAVEN BOROUGH Application #2756 Petition of Trant-Berkshire Development Corporation for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District on certain property located at the Northeast intersection of Inlynnview Road and South Spigel Drive, running a distance of 389.32 feet along the North side of Inlynnview Road, running a distance of 1721.93 feet in a Northerly direction, running a distance of 550.62 feet in a Westerly direction, running around a curve in a Northwesterly direction a distance of 1444.33 feet, running a distance of 122.40 feet in a Northerly direction, running a distance of 57.30 feet in a Northwesterly direction, running a distance of 400 feet in a Northeasterly direction, running a distance of 94.63 feet in a Northeasterly direction, running a distance of 623 feet in a Westerly direction, running a distance of 318 feet in a Southwesterly direction, running a distance of 290 feet in a Southeasterly direction, running a distance of 157 feet in a Southwesterly direction, running a distance of 186 feet in a Southerly direction, running a distance of 351 feet in a Southeasterly direction, running a distance of 359 feet in a Southwesterly direction, running a distance of 693 feet in a South- easterly direction, running a distance of 130 feet in a Westerly dir- ection running a distance of 340 feet in a Southerly direction, running a distance of 405 feet in a Southwesterly direction, running a distance of 1237.30 feet in an Easterly direction, running a distance of 200 feet in a Southeasterly direction, running a distance of 155 feet in an Easterly direction and running a distance of 305.87 feet in a Southerly direction. Said parcel contains 67.22 acres. (Robinhood Forest Area). LYNNHAVEN BOROUGH Application #2755 Petition of Trant-Berkshire Development Corporation for a e of Zoning District Classification from R-1 Residential District to R-3 Residential District on certain property located at the Northwest in- tersection of Innlynnview Road and Five Points Road, running a distance of 1200 feet more or less along the North side of Inlynnview Road, running a distance of 1572.29 feet in a Northwesterly direction, running a distance of 208 feet in a Northeasterly direction, running a distance of 81.07 feet in an Easterly direction, running a distance of 660.12 feet in a Southeasterly direction, running a distance of 1048.04 feet in an Easterly direction, running a-distance of 526.37 feet in a Southerly direction, running aroutid a curve in a Westerly direction a distance of 499.40 feet, running a distance of 331.17 feet in a Southerly direction, running a distance of 420 feet in an Easterly directioq and running a distance of 601.01 feet in a Southerly direction. Said parcel contains 43.213 acres. (Trantwood Shores-Trant Berkshire Areas). LYNNHAVEN BOROUGH. The following persons appeared in favor of this application: Mr. Grover Wright, Attorney Mr. Dick Browner Mrs. Louis Ousterhous appeared in opposition to the application. On motion by Councilman Griffin, seconded by Councilman McCoy, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, !4ayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyerea E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council@voted to appr@ve withdrawl of (a) Aptplication #2742 petition of Trant-Berkshire Development Corporation for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District in the Robinhood Forest-Southern Points Area, and (b) Application #2756 petition of Trant-Berkshire Development Corporation for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District in the Robinhood Forest Area. City Council, further, voted to approve the following ordinance upon petition of Trant-Berkshire Development Corporation for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District with a modification that a one-lot wide buffer along the Northern and Western property lines remain R-1. ORDINANCE UPON PETITION OF TRANT-BERKSHIRE Z0777258 DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 Residential District to R-3 Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Petition of Trant-Berkshire Development Corporation for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District on certain property located at the North- west intersection of Inl@7nnview Road and Five Points Road, running a distance of 1200 feet more or less along the North side of Inlynn- view Road, running a distance of 1572.29 feet in a Northwesterly direction, running a distance of 208 feet in a Northeasterly direction, running a distance of 81.07 feet in an Easterly direction, running a distance of 660.12 feet in a Southeasterly direction, running a distance of 1048.04 feet in an Easterly direction, running a distance of 526.37 feet in a Southerly direction, running around a curve in a Westerly direction a distance of 499.40 feet, running a distance of 331.17 feet in a Southerly direction, running a direction of 420 feet in an Easterly direction and running a distance of 601.01 feet in a Southerly direction. Said parcel contains 43.213 acres. (Modified that a one-lot wide buffer along the Northern and Western property lines remain R-1) Trantwood Shores-Trant Berkshire Areas. LYNNHAVEN BOROUGII 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 12 inch water main is located at the intersection of Inlynnview Road and Five Points Road and a 10 inch water main is located along Five Points Road from Inlynnview Road to Rose Hall Drive. An estension by the developer will be required. 4. There is to be no dredging, filling, bulkheading or any other waterfront related activities without first obtaining permits from all applicable governing agencies. 5. Drainage easements are to be acquired through the lakes to the east of Inlnnview Road and over the existing dam structures. 6. It may be necessary to make-structural improvements to the existing dams for these lakes as determined and verified by the consultant engineer for the developer of this project and approved by the City Engineer's Office. 7. There are some existing wetlands areas along the boundaries of this site and there is to be no work accomplished without first obtaining approval from the Wetlands Board. Further, this ordinance shall be effective upon satisfactory compliance to the conditions imposed in this motion, and it is understood and agreed to by the applicant that the official change on the zoning maps will not be made until the following condition is satisfied: A dedication of right-of-way 110 feet from the extension of Old Donation Parkway as shown on plans filed in the City Engineering Division. This ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of July, 1977, ITEM #11028 Appl icatioti of Presl)y@Icrian Lc,,@gt,,e rf t@orfol ", P@ esbytei,y, Irc. , foi- a Conditional Use Pei-riit @or a CIIL!@'ch on cei,taiii pi-opert,, locz:,ted at the So,,:'Ii- east ititersectioii oT-6-i@ovidence k'oad at)d Lii,,diiig Roac@, i-L!nning distance of 412.65 fc,.2t along t@ie East sicle of @-lilitel-,ui-st Laiidi,,icj Road, run- ning a distance of 295.20 feet alon@j the f@oi-th side of Old Pi-ovi(ieiice Road, rLiniiing a distance of 304.3-) fel-t alon@, tl,.o. Eistc@.i,ti pro,,)ci,ty lino ii-id runnir,,i a distance of 392.20 feet aloti(i tlil SoLit@i s-'Ic!e of Pi-c)@,ic@-,nce Road. Said peti-- cel contains 3.009 @icrc!s. KEI-I@SVILLE DOIIOUGII. PLANNING COt.lt4lSSqOj'J RIL:C(),"ii\lr-t@IDAI-10N: A motion -,/as passcd LIIIZ]lii!POLISlv by the Plannii-ig Coiiriiissioii by a i,c-corded vote of 12 to al)prove tii-.'s rc,,@l,,iest. For tlie inforniatioii of tle. applicaiit, pl@ioi- to the issliance of a building perniit, the folloi-iiiig i.,,ill bL required by 'Glie adii-iiiist-i-ative staff: 1. Standard ip.@,)rovernents @i@ required liy t!ic, Site Plan Ordinz@.r@ce. 2. City water and scwer. 3. Provis-loii of @it lcast I parlirtg spice per 5 seats or bench seating spaces in the iiiain auditoriun. Mr. Robert W. Stewart appeared on behalf of the applicant. On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adopt the following Resolution upon application of Presbyterian League of Norfolk Presbytery, Inc. for a Conditional Use Permit for a Church: RESOLUTION UPON APPLICATION OF THE PRESBYTERIAN R0777127 LEAGUE OF NORFOLK I3RESBYTERY, INC. FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: Application of Presbyterian League of Norfolk Presbytery, Inc. for a Conditional Use Permit for a Church on certain property located at the Southeast intersection of Providence Road and Whitehurst Landing Road, running a distance of 412.65 feet along the East side of Whitehurst Landing Road, running a distance of 295.20 feet along the North side of Old Providence Road, running a distance of 304.33 feet along the Eastern property line and running a distance of 392.20 feet along the South side of Providence Road. Said parcel contains 3.009 acres. KEMPSVILLE BOROUGII 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 improvement as required by the Site Plan Ordinance. 2. City water and sewer. 3. Provision of at least I parking space per 5 seats or bench seating spaces in the main auditorium. This Resolution will become effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Viruinia - uly, 1977 on the 11 day of L- I ITEM # 11029 On motion by Vice Mayor Standing, seconded by Councilman Ferrell, and by a recorded vote as follows: COUNCILMEN WATERFIELD LEFT THE COUNCIL CHAMBERS 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, J. Curtis Payne, Roger L. Riggs, and Vice Ilayor Patrick L. Standing. Nays: None Absent: None City Council voted to approve adopt the following ordinance to amend Z0777264 and reordain The Comprehensive Zoning Ordinance by amending Article 1, Section 102 to establish an Arts and Conference District and by adding Article 15 pertaining to the Arts and Conference District: AN ORDINANCE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING ARTICLE 1, SECTION 102 TO ESTABLISH AN ARTS AND CONFERENCE DISTRICT AND BY ADDING ARTICLE 15 PERTAINING TO THE ARTS AND CONFERENCE DISTRICT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Zoning Ordinance is amended and reordained by amending Article 1, Section 102 and by adding the attached Article 15, as follows: (a) In order to carry out the purposes and provisions of this Ordinance, the following districts are hereby established: (9) Arts & Conference District. The Arts & Conference Districh shall consist of: C-1 Arts & Conference Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of July 1977. APPROVR AS To CONTENTS DEPARTMV APPROVED As To FORM CITY ATTORNEY ARTICLE 15. ARTS & CONFERENCE DISTRICT A. C-1 Arts & Conference District 1500. Legislative Intent The purpose of the C-1 Arts & Conference District is to set apart that portion of the City which serves as a transition between the established tourist area of the City and the area devoted to arts and conference related development. It is intended to encourage those uses which will be compatible with this transition. 1501. Use Regulations Within a C-1 Arts & Conference District, the following uses and structures shall be permitted: (a) Principal uses and structures: (1) Auditoriums; (2) Banks and financial institutions; (3) Business studios, offices, clinics, and medical laboratories; (4) Eating and drinking establishments, provided that those of a drive-in nature shall not be allowed; (5) Hotels and motels; (6) Museums and art galleries; (7) Public buildirxgs and grounds; (8) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than in- dividual transformers, shall be surrounded by a wall, solid ex- cept for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transfomer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening; (9) Retail establishments limited to the following: book and card shops, camera shops, clothing stores, drug stores and pharmacies, florists and household plant stores, stationery stores, jewelry stores, music and record stores, pet shops, radio and electronics stores, shoe stores, tobacco shops, toy stores, and Virginia ABC stores. (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and sub- ordinate to principal uses and structures. (c) Conditional uses and structures. Uses and structures here- inafter specified; subject to ccympliance with the provisions of Part C of Article 2 hereof: (1) Automobile service stations, provided that where there is an adjoining residential or apartment district with- out an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by the district boundary have adjacent front yards, a six (6) foot solid fence shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district; (2) Bicycle rental establishments; (3) Churches; (4) Commercial parking lots, parking garages, and storage garages; (5) Movie houses and live theater establishments; (6) Multiple family dwellings; (7) Nightclubs, bars, taverns, dance halls; (8) Passenger transportation terminals; (9) Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring, and garment repair shops with process- ing on the premises; (10) Private clubs and lodges, social centers, eleemosynary establishments, and athletic clubs; (11) Retail uses and structures other than those specified as per- mitted principal uses and structures. 1502. Mininim Lot Area, Lot Width, Yard Spacing, and Maximum Density Regulations (a) The minimum lot area shall be five thousand (5,000) square feet; however, the minimum lot area for churches shall be three (3) acres; the minimum lot area for hotels and motels shall be fourteen thousand (14,000) square feet; and the minimum lot area for multiple family dwellings shall be thirty thousand (30,000) square feet. (b) The minimum lot width shall be fifty (50) feet; however, the minini,- lot width for hotels and motels shall be seventy (70) feet; and the minimi,m lot width for multiple family dwellings shall be two hundred (200) feet. I i r@IiireEtt@ @@ j, E @@@ i@Et fEEt Atly street and the front of any building. (d) The maximum density for hotels and motels shall be one hundred and t-nty (120) lodging units per acre. The maximum density for mul- tiple family dwellings shall be thirty-six (36) dwelling units per acre. 1503. Height Regulations There shall be no maximi,- height regulation in the C-1 Arts and Conference District. 1504. Sign Regulations Within a C-1 Arts & Conference District the following regulations shall apply: (a) For each forty (40) feet of principal frontage adjacent to a Street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not more than thirty-two (32) square feet of surface area provided ho-er, that no establishment may have more than four (4) signs. A minimum frontage of fifty (50) feet is required for a free stand- ing sign and in the case of a hotel-motel the minimi,m frontage re- quirement for a free-standing sign shall be seventy-five (75) feet. In the case of a corner or a through lot with a minimum Sec,ndary frontage of fifty (50) feet, a second free-standing sign may be erected on the secondary street frontage. No sign shall exceed two (2) faces neither of which shall exceed seventy-five (75) square feet of surface area. Any establishment or property having less (c) The minimi-- front and rear yard requirements shall be five (5) feet in all cases. The minini- side yard setback shall be five (5) feet for buildings fifteen (15) feet or less in height, ten (10) feet for buildings greater than fifteen (15) feet but less than fifty (50) feet in height, and fifteen (15) feet for buildings fifty (50) feet or greater in height. There shall be no parking located between any street and the front of any building. (d) The maxi-i,- density for hotels and motels shall be one hundred and twenty (120) lodging units per acre. The maximum density for mul- tiple family dwellings shall be thirty-six (36) dwelling units per acre. 1503. Height Regulations There shall be no maxim,,m height regulation in the C-1 Arts and Conference District. 1504. Sign Regulations Within a C-1 Arts & Conference District the following regulations shall apply: (a) For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street but not constituting frontage not more than one (1) sign and not more than thirty-two (32) square feet of surface area provided however, that no establishment may have more than four (4) signs. A mini-i,m frontage of fifty (50) feet is required for a free stand- ing sign and in the case of a hotel-motel the minimum frontage re- quirement for a free-standing sign shall be seventy-five (75) feet. In the case of a corner or a through lot with a minimum secondary frontage of fifty (50) feet, a second free-standing sign may be erected on the secondary street frontage. No sign shall exceed two (2) faces neither of which shall exceed seventy-five (75) square feet of surface area. Any establishment or property having less than forty (40) feet of frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet. (b) Where there is an established neighborhood commercial center con- taining five (5) or more establishments and a minimum of sixty thousand (60,000) square feet of land area, one (1) center identi- fication sign for each principal entrance not exceeding two (2) faces neither of which shall exceed one hundred (100) square feet of surface area. Such ideutification sign shall specify only the name of the center. (c) Signs advertising property for sale, lease or rent, provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet of surface area. (d) Beacon lights or search lights may be permitted for advertising purposes for special events. 1505. Off-Street Parking Requirements Within a C-1 Arts & Conference District, the following specified uses shall cOmPly with the off-street parking requirements designated therefore: (a) Auditoriums: at least one (1) space per one hundred (100) square feet of floor area or at least one (1) space per five (5) fixed seats, whichever is greater; (b) Automobile service stations: at least t,, (2) spaces for each service bay plus three (3) additional spaces for employee parklng; (c) Banks: at least one (1) space per one hundred and twenty-five (125) square feet of floor area; (d) Business studios, offices, clinics, and medical laboratories: at least one (1) space per two hundred (200) square feet of floor area; (e) Churches: at least one (1) space per five (5) seats or bench seating space in the main auditorium; (f) Eating and drinking establishments, provided that those of a drive-in nature not be allowed: at least one (1) space per seventy-five (75) square feet of floor area; (9) Financial institutions other than banks: at least one (1) space per four hundred (400) square feetof floor area; (h) Hotels and motels: at least one (1) space per dwelling or lodging unit; (i) Movie houses and live theater; at least one (1) space per one hundred (100) square feet of floor area or at least one (1) space per five (5) fixed seats, whichever is greater; Multiple family dwellings: one and one-half (11/2) spaces per unit; (k) Museums and art galleries: not less than ten (10) spaces and one (1) additional space for each three hundred (300) square feet of floor area or fraction thereof in excess of one thousand (1,000) square feet; (1) Nightclubs, bars, taverns, dance halls: at least one (1) space per one hundred (100) square feet of floor area; (m) Passenger transportation terminals: at least one (1) space per four hundred (400) square feet of floor area; (n) Personal service establishments: at least one (1) space per two hundred (200) square feet of floor area; (o) Private clubs and lodges, social centers, eleemosynary establish- ments, and athletic clubs: one (1) space per one hundred (100) square feet of floor area; (P) Public buildings and grounds: at least one (1) space per five hundred (500) square feet of floor area; (q) Public utilities installations and substations: at least one (1) space per one (1) employee on maximum working shift; (r) Retail establishments: at least one (1) space per two hundred (200) square feet of floor area. ITEM #11030 City Council listened to presentations made by various members of -the community concerning a proposed "Tow Truck" ordinance which was submitted by Mr. George Hanbury, City Manager, for adoption by the City Council. Mr. Templton headed the group of tow truck operators and outlined the objection by the group, after considerable discussion, the ordinance recieved no action from City Council and was therefore tabled. /'2 C',:' 'J,';- CODR, Or l.@tTF, ClTj: OE.- jj2A,-ll Bl' PE.XUPJNJ-t,-(, 'i@) qCW II-i@17CI< O@nl-X\ATIO@NIS BE IT ORDMW-,D BY THE CgLrir.TL OF @im cl@ Or VIIC--EIIIA BraCli, ',71@TIUA: Uhat Ca-iapter 22 of the code of tile City of Virgi-iiia T@each, virg-i.nj-a, is hereby effcended by addi-ng thereto tjlc follceing sectir-,ils: Section 1: Definitioi-is Unless a different miniilq is rc- .red b @, tlie context, the foll-c.,zh-ig tc-rrc,3 as used ii-i this ordiriati,@ shall he@ve the it@irii-lig hereina,Lter respccti-vely ascrib--d to them: (a) "Ttw Truck," @-ans any nxdtor vdjicle a-dapted to ol-- desigic-l-cl for g, trLa-isl)oi.@ng, -mn\,eyii-ir,, or Trovj-nrj ).ny and all type.s of vcl)icl-e,@ which ar-o, unfble i--o b--, or actually @@ not operitt@.d imder thei.r @ poacr, @-,uch or traiis- por-ti.ng b-cing ac-oopplislicd by @,@ms of liftijig tlie towed vehicle to@nlly or partially off of the (b) "am Truck Ec-),-@ce" a porson e@igaged in t]-ie bus3@-nc.,3s of pro-,,idiiig t:lic- servic,@ of oiic- c)r rft)re wre,,-kcrs for hil.-e or used to tcyw, transl-)i:t or mv,, iir)tor vc@liiclc-,s C)n piiblic @e-ets or private propc!rty by way c)f pliblic st.-r-eP-ts. (c) "Persm" is a naturil person, firiti, partnership, associat-.ion, or corporzltion aiii thoir lcgal successors. (d) "Cp--rator" neans any pcrson operatimg a tow trucl@, for a tow truck service. Sectim 2: Enforcewnt 1-te palr-king b,@ towing Each cr,,ner of pri,,rate property co.,idur-ting a business @,7ho inten(is to enforce parking restrictiois by the use of tow truck servi@ shall post, at each poil-it of ingress and egress to the parki-i)g @-a, clearly legible signs containing the following or slibstantially tlie s@ , wordiaig: PRIVATE PAPYJNIG -CUSTG2M OL@y Unautlioriz@ cars tcwed at c,,,7ner's expense Call 427-5000 for location of and info)-@tion concorniig retu- of car if car tc - -1 m rwed Section 3: Ttw truck storage yard 9peration (a) At the storage yard of eacli tow trucl, se-rvice, there shall be a sign prcminently displayed specifying tow and storage rates. (b) If an attei-i@at is not on duty 24 hours a day, seven days a week, to re-t= (-,ars upon the paymnt of towi-iig and storage charges, tl-ie sign providod for in sub-section (a) of this section shzil-1 also @nt-@ii-n a teleplione n@r where the owner, niaiiager or attendant of the to,.q truck storage ya-rd may be @-ached at any Liji)e so that Et tcwed car niay b-- returned to it, mm(,r in a minijan @mni)nt of tin)e not to exceed @70 liours- clr ]Dva t@@,@ Prior to or si-iiii'LI-j oper,at-.c)r, th-- Poli.c.@ in PrOvisions of Sectic)-@ .02-149. L ,qection 5: Tuq t-ruc-2@ T(A%l truck oporators shall- ]@ocp a icg of- Al]. cars 'e, nodel and year, i.f kno@,,7n, of ',:he its I nllnlDl-@r @itid st-ate of i-@,suenco; tilne and dat(, of tc%.I; alld for czi,@ii (211@, of tll(:., siga.-tl oie of LI@c@ of the Private lot or his and alilhoj:izi-ng @il tr 1- required. A lettor of -,ii'l-horizlli..@ioia s@I L t m- ct t -Ej' C) nymt. Such Icg7sl i-al @,,- z-; T @) -- Ci-Ly EfT@f@@ Pclli- Eepaft@nt during iioi-i by Cj@Fl. d rkil la,. s f the tu,,7 tnick olic-,rato@-. Failure to )zc@ep such log shail @ I)I@ @)LI, Section 6: P-ed-e c,.qncr rot-@is al@tcr t(Tq truck arrives, but bc2fore tC)v7 is startcd if the a,,fier of any car nc)t: ziulliorized to l@, I)ar@.ed !.ii @t pri'vate lc.t: returnq aft(,-r a tow truck ser@7i--,., has ,.rri,,Y(-,d bi-it beforc--, i-lie car h@is @-en tor,,@i@,d fywi ti@,, Private lot, tlie @cr t-.1-ic,@i:c@C)f In-;Iy i:(-Iciziim hi-b c- by , no Storage charae imy @, rc-,Iuire, tlie tu,,7i.i-jcj ff-,e, b@,it ,j Section 7: Siqns on t@,, @-ucks- All tc)wtnicksshall die;plly the nan)e, adlr@s and tc-1c,,plione of the 2pe ator thereof on botli sidcs of said tcA,' truck !-n IltteL@, large to be -adily legible, but in lio less than 0-nc--l ilicii in hei.glit Section 8: Penalty for violation It shall be unlawf-ul for any per-on to violale or ref,,ise, fail or negie@t tO COnPlY with any of the ibc)ve Provisioi-is. Each d@iy of any violatior, C)f tlle provisions Of -Y Section of this ordj-nince slia.1.1 @nstitiito a separate violation. @y pers- found guilty of violating any prc)vision of this ordinalice shall be guilty of a Class Iv nd,@deminor @id, @n convicli.on, qhall pay a fine of -t -re then $100.00 dollars. SectiOn 9: Effective date This ordinance shall be effective 30 days from date of adoption. Adopted by the Council of the City of Virginia @-ach on the day of 1977. JDB:DHY:er 5-31-77 6-1-77 6-3-77 6-16-77 NOW, TIIEPI@@l@@OP,@, BE IT OI'J)AI@'@',D BY 'FIIE COUNCIL 01,' TITF CITY OF VIRGINIA BFACH, VIRGINLA: That ax,7ards from the DJCP be accepted and appropriated for the following purposes: Esti.inatcd Revc@,iiue Local Total From Otlier Agencies @latch Appropriations Jail Paramedic Prograiii $22,740.00 $ 5@0.00 @23,490.00 Jail Library Program 18,050.00 950.00 19,000.00 Police Cormnunications Program 1 2 @@, @o 0 667.00 13@3:L @oo Total L5 L,!tL.@o 2@@l7@O 823, That the appropriations will be fi,anced by $44,966.00 estimated revenue from the DJCP, $8,490.00 estimated revcnue from the State Department of Corrections, --nd a locil sliare of $ 2,367.00 to b(, transferred from the Reserve for Contingenices - Regillar. First Reading: July 11, 1977 Second R(-,ading: Adoptod by tlie Couiir-ii of the City of Iliriinia Beach oil the day of 1977. ITEM #11033 On motion by Councilman Ferrell, seconded by Councilman Riggs, and by a 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 @4cCoy, Jr., Councilwoman Meyera E. Oberndorf ' J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve an ordinance appoint viewers in the applica- tion for the closure of a portion of 3rd Street (Virginia Beach Bo'rough), petitioned by N.A.D., Inc.: COUNCILMAN WATERFIELD RETURNED ITEM #11031 On motion by Councilman Waterfield, seconded by Councilman Riggs, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Geroge R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilwoman Meyera E. Oberndorf Absent: None City Council voted to provide $20,000 seed money to the Neptune Festival to estabish the Virginia Beach Very Best Horse Show. The first $20,000 of sales will be returned to Virginia Beach to offset this figure. ITEM #11032 On motion by Councilman Payne, seconded by Councilman Ferrell, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell. John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr@, Councilwoman-Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr., Nays: None Absent: None City Council voted to approve on first reading an ordinance to accept grants totalling $55,823 from the Division of Justice and Crime Preven- tion and to appropriate these funds: A@; ORDIIIANCf@. TO @.CCJ,'PT G@1,NTS 'i'O@,rl@l@LIF,G $55,823 FRO@L Till-' DIVISIO!4 OF -TUSTJ.(3E Al@1) C"@.f @@ir PIIEV@.@"I'ION A,\'D TO I'IIE.@',E l'UNDS l,nltREAS, the Virginia Bea-h City Couilcil, on ALigust 23, 1976, approved an ittitial award totallii-,g, $1,'i,867.00 f,(,!, thc Division of Jus- tice and Crinic Prevention (DJCP) for the purpose of cstablishilig a Jail Paramedic Prograin; and WIIERFAS, tlie City Couricil., on Taiiiiary 17, 1977, approved a sur,- plementary award totalliiig $11,974.00 fi.-om tlie DJCP for tliin .program; and WTIERF.AS, tlie City Council, on Octobei7 11, 1976, approved an ini- tial award totalliiig $25,000.00 froti tlie 1),TC,P for the purl)ose of ing a Jail Library Pi7o-,rani; atid WHEREAS, thc City of \Iirginia Beach wislics to contin,e thes, t,o programs, and wislies to establisli better co,,,,,-Ii,ation, betwceii tlie-public and the police; and WHEREAS, the DJCP lias approved iiecessary fuilding for the con- tinuation of the-Jail P@iranicdic and Jail Librai!y Programs; and for the establisliiiient of a Police In tne 1.1atter of tlie Al)l,]-@[catioil (,f N. A. D. , Inc, f oi.- clie Clostirc@-, VEI c@@l - tion and Discc)nt:j-n@ianec oc a l'ori [C)II of 3rd Street in Virp-,Itli-a Beacli Borough, Virgiiiia Bea(@li, Vir@ini.a, Betweeii the East: Side ()f Rud(2.e Boulevard and tl)e West Sidr-@ of Atlantic Avenue PETI9'ION TO: The City Council- of tlie City of Vir@.iiiia Beacli, Virginia Your petitioner, tlie applj(,.ant, N.A.D., Inc., a Virginia stock corporatioii. @.7hicli o@@iis and operates the. Inlet House Motel located adjacent to anct iminedia-@ely nortli of 3r(I Street between Atlilitic Avenue and Rudee Boulevard in the Virginia Bcach Boroupli of the C-i,t,, of Virginia Beach, Virgini3, petitions and applies tb the Cotincil of the City of Virginia Beach, Virginia, f-or the vac@ation, closirig aiid discontinuance of that portion of 3rd Street 2,oiltl) of and adjacent to the property of the applicant petition(@r between the west side of Atlantic Avenue and the east side of Rudee Boulevard in Virginia Beach Borough of th(-, City of Virgiiiia Beach, Virginia, as shown on the plat attached hereto entitll@d "Plat Shc)1,2ing Proposed Closure of 3rd Street Between Atlar)tilc Avenue and Rudee Boulevard", made by Engineering Services Inc., dated May 25, 1977. Your petitioner and applicant alleges that no inconvenience will result to the public by reason of said closure and asksthat the Council appoint viewers as proA7ided by law to view the portion of 3rd Street sought to be closed and report in writing to the Council on or before September 19, 1977, at 2 p@m., as to whether in the opinion of the viewe--s what inconvenience, if any, would result from the discontinuance and closure as herein sought, at which time the petitioner wil-1 ask fc)r passage of an ordinance GROVER C. WRIGHT, JR. vc,ciiti-n,r tiic., i@ )n oj--I !)c, st ]-(@c to be clo :c, I c-, c, On Juii. -c (i- , IL-i ,) t i c- p rt @, t i@- C',ct:!-@ application to t @c-, Coiiiici-I @,,as it tli(, Cou,-th,)lli@,e, of the Circuit CotiTL@ of tl)-- Citv of BL@ach, Vii-i,iiiia, U-r, the portion of the strc(,T- io bc 3ii(i at the City Ilal.1 Annex in Vi.rgL.riici L@c@acl) rc)roijili, 191]i and Ir(,t@@c Avell@-i@ and an affi-davit of po,,3tii)g is ati@.@i(,hc@d hE,)-eto, topc@Ll@er wiL:l a copy of the rotice of intended jppl.icat@ori for vac@ItLon C)f said portion ol@ tlie The p@,,@i.tioner and ippJ-ic,lnl:, N.A.D., Inc., is the fce simple o@,mer oi al.L l@incl along adjacc,,nt to tlie northe)-n boundary of said str(,-et to be, cl.o,@ekl ind ttic-, appli@int I-ias notified the iiiT,.lcdiately tc) the sotith oc the 1)@@)rtiol of the street to I)o c@Lo,,eO, onc@ c,: w@ti,),n, flelcn T. Jarvit@,, th,@ owner of Lot 1, favors tilk, @J@; c@videiic@by a co,,),,, of lior letter heret.,,@ c@t@a('@ied i@iiic- 2"), L977. Res,)c(,tfully submitted, N.A,D., Inc, By, s@Fcononios, President j r . 303 Beact-I To@,;er B@ji"dini, 3330 Pacifi.c P.0 Box 51 Virginia Beach,@v'i.-,@ginia 23z;)8 WHEREAS, 14.A,D. has given due and prol,-,r nc)t:c(2 iii z,(,cc)i-d wit-Ii lqw that @r would, on the Iltli da,, of Jtily, 1977, appl-y to tlie City C,@,urlrlt.l of the City of Vi-rl,inia Beach, for tl@c. arpoiiity@@cr,,L (@f viewers to view thc@ belo@-i l,c)-,-tioil of 3rd St,.-Cet ii-i Virginia Beach Borougl-l in tht-@ (@ity of Vii7ginia B('.ac"i, Viriiii'-a, lying between the west side of Atlaritic Avcnue aiid tlic cast side of Rtidee Boulevard and to reliort i-i-i viriting to this Counei' whether, in tlie opinj-c,n of si-i-d vie\,,ers Iny, aiid if any, wliit inconvenio.iice. wotild resul@ froii thc@ cliscontinuance, closure and abandonment of said portioii of -)rd Sti:eet aiid wll,,reas sucli applicati(;n has bee-n properl-y @,7itli tliis Couiicil an,-, all reqLiii.-eiii2ntc, of I..a@,7 have bccn ,iot. NOI,J, THEREFO,'@E, be i-t by the Council of the City of Virgii-iia lieach, Vi,rg4-ni,,I, @--hat Robert J. Scott C. Oral Lambert, Jr. aiid Georqe E. Tinnes be, and each of theiti i..s hereby -tpl@oiiited to view tl-iat portion of 3rd Street in Virginia Beach Borough in the City of Virginia Beach, Virginia, lyin& between the east side of Rudee Boulev@ird and the west side of Atlantic Aveiiue as shown on the plat attached hereto entitled "PlaC Showing I?roposed Closure of 3rd Street Between Atlantic Avenue and Rudee Boulevard", made by Engineering Services, Inc., dated May 25, 1977, and said viewers shall report in writing to this Council on or before Septeinber 19, 1977, at 2 p.m., whether in their opinion at)y, and if any, x,7hat inconven- ience would result to tbe public from the discontinuance, vacation and abandontnent of said portiori of 3rd Street. AKE RUDE- E %% E gEE INL ITEM #11034 on motion by Councilman Griffin, seconded by Councilman Waterfield, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for thirty days the following ordinance which amends and reordains Sections 5-22 and 5-31 of Article III of All 'FO SECTICI,I.@ A'@i) OF fl,!?IICIE - .1 111 61-' CIIP.PTER 5 (),c CODE O@ THE CITY OF I,,Ic!\c,l!, PERTAINING TO A!,@)l@ild.S A;@D F()t,ll@. BE IT ORDAINED BY TIIE COU@l(,IL OF TtlE CII-Y OF VIRGINIA BEACII, VIRGINIA: That Section 5-22 and 5-31 of Article Ill of Cilzil)tei, 5 of thL, Code oF tli@@@ CitY @of Virginia Beach, Virginia, ai-(,- hei,eby and reordained as follo,.is: Section 5-22. Impouridino of dog tiot vaccinated, etc. Any dog found in the city not vaccitiatecl, a@- provide,@d foi- iii Section 5-20, oi@ not wearing an authcrit.ic vacciiiatio@ tag, as provided for in Section 5-23, sliall be impounded by the official chai@gcd viityi enforcing this division, for a period cf five days. The owner tf any such dog riiiy seclire the release of Iiis dog by producin, proof of ownership and either pi,eseiit-incj an iutlic)i-ized rabic-s certificate or by lieviil,, such dog properly restrairied uiitil vaccinatpd or iiioculatld i,@ithin teii cllys of tlie ti;iie ot@ release and paying the costs of iirpouiidii)g and caring for sucli dog. At the expira- tion of the five-day period, any (log not so claimed by its owner or custodian shall be disposed of by giving it into tlie possession of any persoii i,i@io may be i,lillilig to pay for the cost of vaccination plus tlie fee of $6.50. If not so disposed of, aiiy suc dog shall be destroyed in a humane manner by the officer enforcing tllis division. Section 5-31. Same - Impounding dogs or cats in vi6lation of Section 5-30; disposition of impounded dog or cat not clain,,ed. It shall be the duty of any ariimal control officer of the Bureau of Anirial Control who may find any dog or cat running at large in violation of Section 5-30 to take the dog or cat iiito possession, and a record inade at the time and place of seizure. Impounded dogs or cats shall be kept for not less than five days unless sooner reclaimed by their owners. If by a pernit tag or by other means, the o%-iner can be identified, the Superintendent of the Bureau of Aninial Control shall irniedi- ately within forty-eight iiours of impoundniont notify the ownei, by telephone or mail of the impoundment of the animal. Doas or cats not claimed bv th.ir nwn,,r, w fiv, (IJYF., 01, be flu;naiiely eutl-ji;r-jz@e, l@j," of Ai, @,l u I c, r -Y it to exercisc tf],Jt aL4tl)Dl,@;ty. This ordinance stiall bO C'fectiv(, oii and al@ter IL?ly 1, l@177. Adopted by th@@ Couiicil of the CitY O,f Viiginia PLacii, vil@ginia, oi, tlie day of 1977. ITEM #11035 On motion by Councilman Riggs, seconded by Councilman McCoy, and by a recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the amount of $200.29. AN 0,UII4,V,'CE AU'@IOL@lZf@:G TtX REFIJ,,DS Date6-24-77 UPON kPPLICATIO'i OF CERTAIN PERSONS AND UPOIT CERTIFICATION OF THE TREASURI-R F07t PAY'v[Ft,T BE IT ORDAI"ED BY TriE CO@.@CIL OF THE CITI OF VIRCINIA BEACH, VIRGI@@;EA: That the following applications for tax refunds upon certificatio@t of the Treasurer are hereby approved: Totalinz $200.29 TAX TYPE TICKET EXONER-K- DATE YEAR OF TAX N@-LBER TIOI; NO. PAID PEINALTY INT. TOTAL mas G. F'ay 1977 CD 101367 1-28-77 10.00- est L. Roy 1977 CD 23847 1-6-77 7.50 red J. Moore Jr. 1977 CD 99569 1-24-77 7.50- Gorelick 1977 CD 102162 1-27.-77 7.50 n F. ltoward 1977 CD 105099 1-31-77 15.00 105100 1-31-77 15.00 ency Olds. Leasing 1977 CD 57896 1-23-77 15.00"'. rence J. Allerton 1977 CD 124937 5-20-77 5.62 A, Linblad & Sons 1977 CD 94270 1-11-77 7-.50 ert C. Metz 1977 CD 103065 1-28-77 7.50 bara B. Scott 1977 CD 70311 5-18-77 7.50 A (]Jonald Mayo) 1976 RE1/2 39412 11-1-76 25.67 oto, Felix 1977 REI 39764 6-8-77 52.50' gory, N. Leroy 1977 REI 24925 6-6-77 16.50- The ab,ove abatement(s) totaling C,r fipd as to payment; were approved by the Council of the City of virginia Beach on the day of V. Etheridge, Treasurer Approved as to,form: Richard J. Webbon, City Clerk City Attorney ITEM #11036 Councilman Payne requested Mr. Robert Scott, Director of Planning, to have some of his personnel to meet with the Long Range Study .@ommittee on Tuesday, July 19, 1977 a,t 7:30 p.m. in the Council Conference Room. ITEM #11037 Mayor Holland reminded City Council Members of the "Dutch Treat" breakfast this Friday, July 15, 1977. ITEM #11038 Mayor Holland stated that the Hampton Roads Areawide Committee, which meets with North and South Hampton, are trying the get the General Assembly to spend two days in the Tidewater area right after or shortly thereafter they convene to show them our problems. ITEM #11039 Vice Mayor Standing read a statement on behalf of the Southeastern Public Service Authority of Virginia in regard to water in the Tidewater Area. The letter requests: "Citizens to eliminate the nonessential use of water for lawns, carwashing and similar activites." Statement on Behalf of the Southeas-@ern Public Service Authority of Virginia July 11, IV7 The Southeastern Public Service Authority of Virginia is a r4igional agency charged with the development of a potable water supply source for the region, including the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton. Creation of the Southeastern Public Service Authority of Virginia was stimulated in anticipation of the long-term inadequacy of the region's water supplies. However, today Southeastern Virginia is faced with an acute water problem. Unusually hot, dry weather coupled with water storage and distribution problems have created a short-term water resource probled'. Therefore, the Southeastern Public Service Authority of Virginia requests the citizens of this region develop an even greater sense of conservation regarding the use of our water resources. We request citizens eliminate the nonessential use of water for lawns, carwashing and similar activities. Cooperation by all citizens in this vital conservation effort will see the region through this hopefully temporary situation. On motion by Councilman Ferrell, seconded by Councilman Baum, and by a recorded vote as follows: p Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., -ouncilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vico Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None CitY Council voted to appoint the following persons to the Community Development Citizens Advisory Committee, no term was specified by Council,: Mrs. Elizabeth McClane 4344 North Witchduck Road --to replace Mrs. Solomon Kaplin Mrs. Frances Jones, President of __ to replace Mr. Columbus Austin Williams Village Civic League ITEM # 11041 Mr. George L. Hanbury, City Manager, stated that the City needs to immediately replace the burnt-out timbers, as well as replacement of the pump, to the Salt Water Pier. It will cost approximately $63,000 to stablize the pier and put in the new pump. City Manager also requests waiver of thebids due to the immediacy of replacement,for the Salt Water Pier, and also for the new Recreational Facility which was damaged by the wind, (W. B. Meredith was the contractor for the Recreational Facility--$63,000). Both of these would be done by the City's self-insurance program. Vice Mayor Standing stated that the City should get some type of assitance from the State and Federal Government since they do benefit from this type of facility (Salt Water Pier). ITEM # 11042 On motion by Councilman Ferrell, seconed by Councilman Cromwell, and by ananimous vote, the meeting adjourned. on, City Clerk City of Virginia Beach, Virginia July 11,, 1977