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HomeMy WebLinkAboutAPRIL 15, 1985 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR HAROLD RVSCHOBE'R, At L-g@ VICE-MAYOR REHAS MCLANAN, P-@.. A- B-gh JOHN A. BAUM, BI-k-l-@h NANCY A. CREECH, At L-9. ROBERT E. FENTRESS V@@ B..h B-gh BARBARA M RFNLEY, Pw@ @h H. JACK JE,\WINGS, JR., L"@@. B-gh LOUIS R. JOARES. Bvi& B-gh ROBERT G. JONES. A, L.,g@ J. HENRY M@COY. JR., K.@p.@ B-wh MEYERA E. OB@RF At Lm. 281 CrrYHALL BU@17,rG MUNICLPAL CE@ RUTH HODGES SMrrH. CMC, City Cl.@k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGWIA 2W6-9M [8041427-4"3 April 15, 1985 Virginia Beach City Council BUDGET WORKSHOP - 10 AM ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCJL - Conference Room - 12 NOON A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSJON ITEM 11. REGULAR SESSION OF VJRGJNIA BEACH CITY COUNCIL - Council Chambers - 2 PM A. INVOCATJON: Reverend George Sweet Atlantic Shores Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FL@G OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINJSTRATIVE ITEMS 1. Review of E. MAYOR/COUNCIL - DISCUSSJON OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve the Minutes of April 8, 1985. 2. Amend the City Council Minutes Item No. 22523, September 17, 1984 - Approval by Council was null and void due to improper advertising. This was actually approved October 22, 1984 Regency Apartments Associates Item No. 22702, October 22, 1984 Birdneck Apartments Associates. Listed in Minutes as "APPROVED ISSUANCE OF" -- should read "INVITE AND ENCOURAGE" Item No. 22745, November 5, 1985 - Terry/Peterson Associates 11; Terry/Peterson Associates 1; 195 Associates. All listed in Minutes as "APPROVED ISSUANCE OF" -- should read "INVITE AND ENCOURAGE" G. PRESENTATIONS 1. Resolution in Recognition - ODU Lady Monarchs 2. Resolution - R. Neil Tanner - The GODSPEED H. PROCLAMAT40NS 1. Rescue Squad Week - April 14-20, 1985 2. All American Week - April 29-May 4, 1985 3. Victims' Rights Week - April 14-20, 1985 1. PLANNING - CONSIDER AMENDMENT 1. Consideration of Amendment to deed restrictions imposed upon a change of zoning in the application of Corporate Designs, Ltd., August 8, 1978. (City Council voted March 25, 1985, to consider this Amendment.) J. PLANNING 1. Ordinance closing, vacating and discontinuing a portion of Painter's Lane in the petition of Lakeside Construction Company (Princess Anne Borough). a. Letter from the City Manager transmits the request of the applicant for a six month time extension. 2. Application of Stella Jackson for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lots to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide two existing parcels totalling 1.08 acres into four lots. This property is located on the east side of Gregory Lane, south of Owl's Creek Lane (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of Robert Arnold for a conditional use per it for a s*ingle-family dwelling in the AU-1 Agri cult.7@l District on a 10.46-acre parcel located on the west side of Sandbridge Road, north of Flanagan's Lane (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 4 Application of Kenna R. and Juanita M. Bush f or a conditional use permit for a home occupation (beauty shop) on a 10,729-square foot parcel located at 1329 Canary Drive (Cardinal Estates) (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation ot the Planning Commission for approval. 5. Application of Melvin 0. and Ruby H. Dozier for a conditional use perm i t f or an auto repa i r f ac i I i ty on a 1.277-acre parcei located at the northeast corner of South Plaza Trail and Continental Street (Lynnhaven Borough). (This application was deferred April 8, 1985, for one week.) a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 6. Application of Ocean Bay Associates for a change of zoniE2 from R-5 Residential District to A-2 Apartment District on a one-acre parcel located on the west side of Pleasure House Road, south of Brigadoon Drive (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Pianning Commission for approval. 7. Application of Floyd E. Kellam, Jr. and Annie B. Kelfam, Trustees of Trust B under the Will of Floyd E. Kellam, for a change of zoning from AG-2 Agricultural District to B-2 Community-Business District on a 38,376-square toot par@e located along the north side of Princess Anne Road, west of North Landing Road (Princess Anne Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 8. Application of Catholic Diocese of Richmond, c/o Marian Manor, Inc. for a change of zoning from 1-1 Light Industrial District to 0-1 7ffice District on a 15,377-square toot parcel; AND, the appiication of Marian Manor, Inc. for a conditional use permit for housing for the elderly on a 1.82-acre parcei located south of Virginia Beach Boulevard, west of Clearfield Avenue (Bayside Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of George F. Darden, Jr. for a change of zoning from B-2 Community-Business District to A-2 Apartment District on a 10-961-acre parcel Foca-ted on the north side of First Colonlai Road, east of North Great Neck Road (Lynnhaven Borough). (This application was deferred April 8, 1985, for one week.) a. Letter from the City Manager transmits no recommendation from the Planning Commi@sion due to a tie vote. 10. Applications of Thalia Used Auto Parts of Virginia, Inc. for a change of zoning from 0-1 Office District to B-2 Community-Business District on a 1.43-acre parcel; a change of zoning from 0-1 Office District to 1-2 Heavy InEu-strial District on a 30,928-square foot parcel located on the south side of Bonney Road, west ot Bendix Road; AND, a conditional use permit for an auto saivage yard on a 2.31@acre parcel located to the south of Bonney Road, west of Bendix Road (Kempsville Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 11. Ordinance to amend and reordain Article 7, Section 711(a) of the Comprehensive Zoning Ordinance pertaining to use regulations in the H-2 Resort Hotel District. a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 12. Ordinance to amend and reordain the Comprehensive Plan dated January 23, 1985, regarding commercial development in the General Booth Boulevard area. a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. K. RESOLUTJON/ORDINANCES 1. Resolution requesting that the United States Congress, the Federal Communications Commission, and other appropriate governmental bodies and agencies take all action necessary and constitutional to prohibit, restrict, or otherwise regulate use of computerized telephone calling methods by companies to automaticaily call private residences. 2. Ordinance, on SECOND READING, to appropriate $70,675 for a study of development south of the green line. 3. Ordinance to amend Section 5 of the Site Plan Ordinance, Minimum Standards and Specifications Required, of the Code of the City of Virginia Beach, Virginia by adding thereto Subsection 5.2, and amending and reordaining Subsection 5.8 thereof. (This Ordinance was deferred April 8, 1985, for one week.) L. CONSENT AGENDA All matters iisted under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separateiy. 1. Resolution in Recognition to the ODU Lady Monarchs. 2. Resolution to R. Nell Tanner - GODSPEED. 3. Resolution directing and authorizing the City Clerk to properly advertise an Ordinance regarding election districts and voting places within the City for the meeting of May 6, 1985. 4 Resolution authorizing the enlargement of the nonconforming use and structure located at 1521 Miil Landing Road (property of M. M. Rollins, Jr., et ux- 5. Ordinance to amend and reordain Section 2-107 of the Code of the City of Virginia Beach, Virginia, pertaining to conversion from temporary status to permanent status for employees. 6. Ordinance, on FIRST READING, to appropriate $26,000 to the Community Services Board FY 1985 Budget and to transfer $28,500 within the CSB Budget for the purchase of four vans. 7. Ordinance, on FIRST READING, to appropriate $42,000 to the Public Works Department to cover increases in school dumpster charges. 8. Ordinance, on FIRST READING, to appropriate $3,626 for the Mounted Police Unit and for the construction of an emergency exit for the Police-Services Division. 9. Ordinance to transfer $10,900 from surplus funds within the Emergency Medical Services Unit for replacing a Cardiac Technician Zone Car. 10. Ordinance to transfer $75,400 of Capital Project funds from Project #2-804 to Project #2-017 Red Wing Lake Hydraulic Study. 11. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of South Independence Boulevard, to Augustine Construction Co., Queens Construction Co., Cambridge Construction Co., and Pace Construction Co., their assigns and successors in title. 12. Ordinance to authorize temporary encroachments into a portion of the rights-of-way of Hampshire Lane and Lake Edward Drive, to Great Atlantic (50-mpany, its assigns and successors in title. 13. Low bid of Inner-View, Ltd., in the amount of $195,523.00, for the Weaverville Sewer Extension and Stewart Drive Sewer Extension Proi.ects; AND, authorize the ger to enter into the necessary agreements for the implementation of these projects. 14. Ordinance authorizing the City Manager to execute a deed of vacation and dedication between the City and the Lori Ann Spadea Present Interest Trust. 15. Raffle Permit: Virginia Beach Legal Secretaries Association 16. Request of the City Treasurer for tax refunds in the amount of $465.74. M. UNFINISHED BUSINESS N. NEW BUSJNESS 1. Discussion of Transfer Station Location - Mr. John Vaughan sponsored by Councilman J. Henry McCoy, Jr., D.D.S. 2. Request by Raven Restaurant for appeal of denial for encroachment into portions ot the City's right-of ways of Atlantic Avenue and 12th Street. 0. ADJOURNMENT 1. Motion to adjourn. Monday, April 15 Budget Workshop 10:00 a.m. Conference Room Wednesday, April 17 Public Hearing 7:00 p.m. Pavilion Wednesday, April 24 Budget Workshop 7:30 p.m. Conference Room Tuesday, April 30 Budget Workshop 7:30 p.m. Conference Room Thursday, May 2 Budget Workshop 9-11:30 a.m. Conference Room Monday, May 6 Regular Session 2:00 p.m. Council Chambers FIRST READING Monday, May 13 Regular Session 2:00 p.m. Council Chambers SECOND READING M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 15, 1985 The Regular Meeting of the Council of the City of Virgiiiia Beach, Virginia was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, April 15, 1985, at 12:25 in the afternoon. Cuncil Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack JenLiings, Jr., Louis R. Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. OberLidorf Council Members Absent: None April 15, 1985 - 2 - ITEM # 23465 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employmeot, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resigiiation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorlieys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Couticilman Robert Jones, seconded by Councilwoman Creech, City Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None April 15, 1985 - 3 - R E G U L A R S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 15, 1985 2:20 p.m. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, April 15, 1985, at 2;20 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jeiinings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend George Sweet Pastor Atlantic Shores Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. April 15, 1985 - 4 - MAYOR - DISCUSSION OF PERTINENT MATTERS ltem II-E.1 GEORGE P. DARDEN, JR. CHANCE OF ZONING ITEM # 23466 As Vice Mayor McClanan was ABSENT at the Council Meeting of April 8, 1985, during the consideration of the application of GEORGE F. DARDEN, JR., for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District (See Item 11-J.9 of the PlanniL)g Agenda), same will be DEFERRED. Item II-E.2 ABSENCE OF COUNCILMAN LOUIS JONES ITEM # 23467 As Couacilman Louis Jones must leave the Council Meeting early for important business, the items on the PLANNING AGENDA concerning the BAYSIDE BOROUGH will be moved forward. April 15, 1985 5 Item II-F.I. MINUTES ITEM # 23468 Upon motoin by Councilwoman Creech, secoaded by Councilman Louis Jones, City Council APPROVED the Minutes of April 8, 1985, with the following CORRECTION: ITEM # 23460 - page 33 - RESOLUTION/COMMISSION ON LOCAL GOVERNMENT The following words shall be DELETED in said Resolution. 1. Whether or not the size Of CitY Council should be changed. (Corrected Resolution is hereby made a part of the proceedings). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Reba S. McClanan Council Members Absent: None April 15, 1985 - 5a - R E S 0 L U T I 0 N WHEREAS: The City of Virginia Beach was created under its present charter on January 1, 1963, which charter established the current organization of City Council and the City government; WHEREAS: Since January 1, 1963, the City of Virginia Beach has grown in population from approximately 160,000 citizens to over 300,000 citizens and is projected to grow to a city of over 450,000 by the turn of the century; WHEREAS: Members of the public have, from time to time, expressed concern regarding the size and organization of City Council and whether or not there should be a direct election for the Mayor of the City; WHEREAS: The City Council of the City of Virginia Beach desires that the publ ic be served by its local government in a manner that is most responsive to the present and future needs of the City and most effective In the economical and efficient operation of local government; and, WHEREAS: The City Council believes that a thorough examination of the structure of local government Is timely and that a study of it should be undertaken by a group of local citizens as objectively as possible without regard to partisanship but with due regard for promoting the public interest and welfare of the City. NOW THEREFORE, BE IT RESOLVED: That the City Council of the City of Virginia Beach establish a COMMISSION ON LOCAL GOVERNMENT to study in depth the composition and organization of the City's form of government and make recommendations, If it deems desirable, for alterations or modifications. fn conducting the Study, the Cornmission shall address the following matters and such other matters as may be deemed necessarily related: 1. Whether or not the size of City Council should be changed 2. Whether or not the formula for the representation on City Council of geographical areas of the City should be changed 3. Whether or not the Mayor should be elected by the City Council or directly by the voters The Commission shall be composed of people to be selected by the City Council. Adopted this Eighth day April, 1985 April 15, 1985 6 Item II-F.2 MINUTES ITEM # 23469 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the necessary Corrections to the City Council MINUTES as per the following: ITEM NO. 22523, September 17, 1984 - Approval by Council was null and void due to improper advertisiilg. This was actually approved October 22, 1984 - REGENCY APARTMENTS ASSOCIATES. ITEM NO. 22702, October 22, 1984 - BIRDNECK APARTMENTS ASSOCIATES. Listed in Minutes as "APPROVED TSSUANCE OF" -- should read "INVITE AND ENCOURAGE" ITEM NO. 22745, November 5, 1984 - TERRY/PETERSON ASSOCIATES II; TERRY/PETERSON ASSOCIATES 1, 195 ASSOCIATES. All listed in Minutes as "APPROVED ISSUANCE OF" -- should read "INVITE AND ENCOURAGE". Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Healey, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None April 15, 1985 7 Item 11-G.I. PRESENTATION ITEM # 23470 Councilwoman Meyera Oberndorf presented a RESOLUTION IN RECOGNITION to: ODU LADY MONARCHS This Resolutiou was accepted by Coach Marianne StanleY, Alpheia Jenkins, and Lisa Blais. Fraak Mack, ODU's Sports/Informatioti Director, was also in attendance. This RESOLUTION recognized The LADY MONARCHS, Old Dominion University's Women's Basketball Team as being NUMBER ONE in the nation, winning the Suiibelt Championship in Norfolk, Virginia in the NCAA East Regional Title and the National Collegiate Athletic Association Championship in Austin, Texas. April 15, 1985 8 Item II-G.2 PRESENTATION ITEM # 23471 Vice Mayor McClanan presented a RESOLUTION IN RECOGNITION tO: R. NEIL TANNER THE GODSPEED This RESOLUTION Adopted R. Neil Tanner as a son and an official repre- sentative of the City, acknowledging his courageous service aboard the ship GODSPEED. This Resolution was ACCEPTED by John Townley, a fellow crewman of the GODSPEED, in Neil Tanner's absence. Mr. James Ricketts of the Department of Economic Development also accompanied Crewman Townley. April 15, 1985 9 Item 11-H. I PROCLAMATION ITEM # 23472 Mayor Heischober PROCLAIMED the week of April 14-20, 1985 as RESCUE SQUAD WEEK This PROCLAMATION was read by Councilman McCoy, and accepted by Bruce Edwards, Director of Emergency Medical Services, and Elsie Benson, Captain of the Courthouse Volunteer Rescue Squad. This PROCLAMATION recognized the dedication of the City's rescue squad personnel as they volunteer their time aiid expertise to serve our Community. April 15, 1985 - 9a WHEREAS, the volunteer rescue squads in Virginia Beach are the largest all volunteer organization among the nations 100 most populous citieb; and WHEREAS, beginning with the purchase of an ambulance by the Ocean Park Station in 1947, the citizens of Virginia Beach have received pre-hospital emergency patient care from the City's eleven volunteer rescue squads; and WHEREAS, more than 500 volunteer Emergency Medical Technicians, Cardiac Technicians, and Paramedics dovote their time and talents to answering over 15,000 calls annually for emergency medical assistance in the City of Virginia Beach; and WHEREAS, the first officially State chartered rescue squad in Virginia Beach was the Virginia Beach Borough Rescue Squad at 19th Street and Arctic Avenue and since that official beginning in 1952, ten other stations have formed throughout the City; and WHEREAS, each rescue squad covers a BpeCifically designated ares and operates almost entirely with funds received through annual fund-raising campaigns, memorials, and other contributions; and WHEREAS, 28 emergency units, 7 crash trucks and 5 rescue boats have channels of communication to area hospitals; and the volunteer rescue squad personnel.are trained to provide both basic and advanced life support care, including specialized airway management, administration of medications and intravenous solutions, cardiac monitoring and defibrillation in cases of cardiac arrest. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of April 14-20, 1985 as RESCLIE SQM WEEK in Virginia Beach and call upon our citizens to recognize the dedicaton of our rescue squad personnel as they volunteer their time and expertise to serve our community. Given under my hand and seal this fifteenth day of April, nineteen hundred and eighty-five. Harol 1985 - 10 - Item II-H.2 PROCLAMATION ITEM # 23473 Mayor Heischober PROCLAIMED the week of April 29 through May 4, 1985 as ALL-AMERICAN WEEK This PROCLAMATION was read by Councilman Louis Jones and accepted by Commander W. Bushing, Executive Officer at Little Creek Amphibious Base and Master Chief J. R. Black. This PROCLAMATION recognized the United States Navy as contributing indirectly to the tax base of Virginia Beach through its enlisted and civilian personnel and as contributing greatly to the enrichinent of life, being a valued entity of Virginia Beach. April 15, 1985 - 10a WHEREAS, the United States Navy comprises 7% of the total population of Virginia Beach; and WHEREAS, the United States Navy has contributed indirectly to the tax baBe of Virginia Beach through its enlisted and civilian personnel and has contributed greatly to the enrichment of life and is a valued entity of Virginia Beach; and WHEREAS, the United StateB Navy wishes to acknowledge the varied nationalities comprising the employment composition of the U. S. Navy and the total poplace of Virginia Beach with special emphasis on the handicapped. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of April 29 through May 4, 1985 as ALL-AMERICAN WEEK in Virginia Beach and urge our citizens to take proper note of this obser- vance and its significance to the U. S. Navy. Given under my hand and seal this fifteenth day of April, nineteen hundred and eighty-five. Hirold Heischober Mayor April 15, 1985 Item 11-H.3 PROCLAMATION ITEM 23474 Mayor Heischober PROCLAMAINED the week of April 14-20, 1984 as VICTIMS' RIGHTS WEEK This PROCLAMATION was read by Councilman Jennings and accepted by the Commonwealth Attorney Paul Sciortino. Also in attendance were Okey Townsend, Office Manager; Etta Culpepper, Victim-Witness Co- ordinator; and,Leslie Brenda, Assistant Victim-Witness Coordinator. This PROCLAMATION recognized the significance of the need to deal with the problems of "the forgotten peopl, in the Criminal Justice System" -- the victims of crime. April 15, 1985 lla WHEREAS, at least one in three householdb becomes a victim of crime each year; and WHEREAS, the Office of the Commonwealth's Attorney for the City of Virginia Beach prosecutes the perpetrators of those crimes; and WHEREAS, recognizing the need for victim and witness assistance in the City of Virginia Beach, the Office of the Comoonwealth Attorney provides a Victim-Witness Program to aid these victims and witnesses; and WHEREAS, through direct aid to victims, information to the public, alerting legislators and the general public of the problems facing the victims of crime and the potential solutions to thebe problems, the Victim-Witness Program in Virginia Beach joinb With other agencies throughout the Commonwealth of Virginia to better Berve its citizens in these respects. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, in an effort to increase public awareness of the toll taken by crime on individual citizens, do hereby proclaim the week of April 14-20, 1985 as VICTIMS' RIGHTS WEEK and urge all Virginia Beach citizens to recognize the significance of the need to deal with the problems of "the forgotten people in the Criminal Justice Systemll-- the victims of crime. Given under my hand and seal this fifteenth day of April, nineteen hundred and eight Mayor April 15, 1985 - 12 - Item li-I. PLANNING ITEM # 23475 Attorney Grover Wright represented the applicant Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City Council ADOPTED a RESOLUTION AUTHORIZING CONSENT OF THE CITY OF VIRGINA BEACH, VIRGINIA, A MUNICIPAL CORPORATION OF THE COMMONWEALTH OF VIRGINIA, THROUGH ITS GOVERNING BODY, THE CITY COUNCIL, TO THE AMENDMENT OF CERTAIN RESTRICTIVE COVENANTS AND CONDITLONS. Said resolution contains the languange to AMEND the Condition previously imposed on the Change of Zoning of CORPORATE DESIGNS, LTD., APPROVED by City Council on August 28, 1978. The following language shall be inserted in paragraph (1), line 10 thereof: "Except that the setback from 36th Street shall be ten feet instead of 25 feet in accord with the setback variance granted by the Board of Zoning Appeals of the City of Virginia Beach, Virginia." Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None April 15, 1985 12d CITY OF VIRGINIA BEACH, a municipal corporation of the Comwnwealth of Virginia, TO (RESOLUTION AUTHORIZING CONSENT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, A 14UNICIPAL OORPORATION OF THE COMMONWEALTH OF VIRGINIA, THROUGH ITS GOVERNING BODY, THE CITY COUNCIL, TO THE AMENDMENT OF CERTAIN RESTRICTIVE COVENANTS AND CONDITIONS 3600 PACIFIC ASSOCIATES, a Virginia genpral partnership WHEREAS, an instrument metting forth certain covenants and restrictions, dated September 30, 1978, running with a certain parcel known generally as 301 36th Street, Virginia Beach, Virginia, and legally described as Parcel Q, Map of Linkhorn Park, Property of Virginia Beach Development Co., and Adjacent Properties, Dated November, 1916, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at page 151, was recorded in said Clerk's Office on February 19, 1981, in Deed Book 1863, at page 773 and following; and WHEREAS, said covenants and restrictions have been properly heretofore amended pursuant to resolutions of the City Council of the City of Virginia Beach, Virginia, recorded in the Clark's office aforesaid; and WHEREAS, the prosont record owner of the property affected, that is, the Grantee herein, has requested, pursuant to law and pursuant to the authority therefor set forth in the original covenants and restrictions, a further amendment thereto; and WHEREAS, propor notice in accord with the restrictions, as amended, and in accord with law and in accord with Code of Virginia, Section 15.1-431, has been held before the Grantor; and WHEREAS, the amendment met forth hereinafter as petitioned for by the Grantee is in accord with good zoning practice and is in accord with a variance granted for same April 15, 1985 by the Board of Zoning Appeals of the City of Virginia Beach, Virginia, and in the public interest; GROVER C. W'RIGHT, JR. @w, P... 12b NOW, THEREFORE, BE IT RESOLVED that the City of Virginia Beach, through its governing@ @y, the City Council of the City of Virginia Beach, Virginia, after a duly advertis6d public hearing in accord with Code of Virginia, Section 15.1-431, and in accord with the procedure therefor set forth in the said restrictions, as amended heretofore and as amended hereby, consents to the amendment of those covenants and restrictions recited hereinabove, as hereto- fore amended, so as to insert the following language in paragraph (1) in line 10 thereof: "Except that the setback from 36th Street shall be 10 feet instead of 25 feet in accord with the setback variance granted by the Board of Zoning Appeals of the City of Virginia Beach, Virginia." BE IT FURTHER RESOLVED that a certified copy of this resolution shall be recorded at the expense of the Grantee in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of both the Grantor and Grantee, provided prior thereto the Grantee shall execute such copy of this resolution in the space provided hereinbelow as record owner; whereupon, upon recordation of a cortifi*d copy hereof, executed by the Grantee at the record ownor of the subject property, consented to by the City, as evidenced by this resolution, the covenants and rest3eictions as heretofore amended shall be thereby amended an set forth horsinabove with no separate instrument of amendment being required. ADOPTED by tho City Council of the City of Virginia Beach, Virginia, on the 15 day of April, 1985. Certified to be a true excerpt from the minutes of the Council of the City of Virginia Beach, Virginia, the day of 1985. Ruth Hodges Smith,.City Clerk STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: April 15, 1985 The foregoing instrument was e"cuted by 3600 Pacific Associates, a Virginia general partnership, as the 12c record owner of the @ject property through its duly authorized general partners, Thomas J. Lyons, Jr., and B. Bruce Taylor, and D. L. McKnight, who after being by me first duly sworn, signed and acknowledged the foregoing instrument as the act of 3600 Pacific Associates, pursuant to due authority of all of its general partners. 3600 PACIFIC ASSOCIATES By (SEAL) Thomas J. Lyons, Jr. General Partner And by (SEAL) S. Bruce Taylor General Partner And by (SEAL) D. L. McKnight General Partner Given under my hand this day of April, 1985. Notary Public, State of Virginia at Large my commission expires VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH THIS DAY OF , 1985, AT THIS INSTR AS RECEIVE UPON THE CERTIFICATE OF DGMENT THERETO EXECUTED, ADMITTED TO RECORD. The tax imposed by Paragraph 58-54.1 of the Code of Virginia has been paid in the amount of $ TESTE: J. Curtis Fruit, Clerk By D.C. April 15, 1985 - 13 - Item 11-J.1 PLANNING ITEM # 23476 Attorney Grover Wright represented the applicant Upon motion by Vice Mayor McClanan, secoiided by Councilman McCoy, City Council GRANTED AN EXTENSION OF TIME for compliance for the closure of a portion of PAINTER'S LANE in the petitioii of LAKESIDE CONSTRUCTION CORPO- RATION. City Council GRANTED an EXTENSION of time for compliance of six (6) months from May 19, 1985. Application of Lakeside Construction Corporation for the discontinuance, closure, and abandonment of a portion of Painter's Lane beginning at a point 100 feet more or less north of Sandbridge Road and running in a northeasterly direction to the southern boundary of Proposed Ferrell Parkway. Said parcel contians 3.672 acres. PRINCESS ANNE BOROUGH Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absetit: None - 14 - Item II-J.2 ITEM # 23477 PLANNNING Jack Helfant, of Relfant Housing Systems, represented the applicant Susie Darden Whitehurst, Seatack Civic League, registered in favor of the application but yielded to Council's Motion. Upon motion by Councilman Jennings, seconded by Couiicilman Fentress, City Council APPROVED the application of STELLA JACKSON for a Variance to Section 4.4 (b) of the Subdivision Ordinance. (SEATACK TARGET AREA) Appeal from Decisions of Administrative Officers in re- gard to certain elements of the Subdivision Ordinance, Subdivision for Stella Jackson. Parcel located on the east side of Gregory Lane, 600 feet more or less south of Owl's Creek Lane. Plats with more detailed in- formation are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent; Louis R. Jones April 15, 1985 - 15 - Item II-J.3 PLANNING ITEM # 23478 Robert Arnold, the applicant, represented himself Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon application of ROBERT ARNOLD for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF ROBERT ARNOLD FOR A CON- DITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING R0485736 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA@ Ordinauce upon application of Robert Arnold for a Con- ditional Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property located 600 feet north of Flanagan's Lane on Lot 33, Parcel A, Lotus Garden Farms. Said parcel contains 10.46 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of Aprii, Nineteen hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Joiies, Vice Mayor Reba S. McClauan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones April 15, 1985 - 16 - Item II-.J.4 PLANNING ITEM # 23479 Kenna R. Bush, the applicant, represented himself Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon applicatioii of KENNA R. AND JUANITA M. BUSH for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF KENNA R. AND JUANITA M. BUSH FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BEAUTY SHOP) R0485737 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Kenna R. and Juanita M. Bush for a Conditional Use Permit for a home occupation (beauty shop) on Lot 29, Block E, Section 1, Cardinal Estates. Said parcel is located at 1329 Canary Drive and contains 10,729 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Approval is for a period of two (2) years. 2. No more than one (1) customer at a time. 3. No operation shall be allowed past 8:00 p.m. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, an the Fifteenth day of April, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Couiicil Members Voting Nay: None Council Members Abseiit; Louis R. Jones April 15, 1985 - 17 - Item II-J.5 PLANNING ITE4 # 23480 Attorney Robert Cromwell represented the applicant The City Clerk referenced letter of April 4, 1985, from Vice Mayor Reba S. McClanan requesting a Condition to be imposed upon of MELVIN 0. and RUBY H. DOZIER be: "All work shall be done oD the interior". Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council ADOPTED an Ordinance upon applicatiod of MELVIN 0. AND RUBY H. DOZIER for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF MELVTN 0. AND RUBY H. DOZIER FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR FACILLTY R0485738 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Melvin 0. and Ruby H. Dozier for a Conditional Use Permit for an auto repair facility on certain property located at the northeast corner of South Plaza Trail and Continental Street. Said parcel is located at 184 South Plaza Trail and contains 1.277 acres. Plats with more detailed information are available in the Department of Planning. The following conditions shall be required: 1. All repair work shall be performed inside. 2. Storage of repair vehicles shall be inside the building. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of April, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. Mcclanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones April 15, 1985 - 18 - Item 11-1.6 PLANNING ITEM # 23481 Attorney Robert Cromwell represented the applicant Upon motioil by Councilman Louis Jones, secoiided by Councilman Fentress, City Council ADOPTED an Ordinance upon application of OCEAN BAY ASSOCIATES for a Change of Zoning as per the following: ORDINANCE UPON APPLICATION OF OCEAN BAY ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO A-2 Z0485969 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Ocean Bay Associates for a Change of Zoning District Classification from R-5 Resideatial Dis- trict to A-2 Apartment District on Lot 20, Chesapeake Beach. Said parcel is located at 2345 Pleasure House Road and con- tains I acre. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of April, Nineteeii Hundred and Eighty-five. Voting: 11-0 Couacil Members Voting Aye: John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None April 15, 1985 This Item was moved forward on the PLANNING AGENDA as Councilman Louis Jones had to leave the Council Meeting early. - 19 - Item II-j..7 PLANNING ITEM # 23482 Attorney Grover Wright represented the applicaiit G. T. White, resident of Courthouse Forest, representing self and three other families, spoke iD opposition Upon motion by Vice Mayor McClanan, seconded by Councilwoman Oberndorf, City Council DEFERRED for one week until the City Council Meeting of April 22, 1985, an Ordinance upon application of FLOYD E. KELLAM, JR., AND ANNIE B. KELLAM, TRUSTEES of TRUST B UNDER THE WILL OF FLOYD E. KELLAM for a Change of Zoning. This application is DEFERRED for the purpose of addressing concerns relative reasonable hours of operation, low ground lighting, the possibility of eliminating the drive-thru, similar signage to the Burger King located in the industrial area of Lynnhaven Parkway, and the possibility of extending the privacy fence, not only along the rear property line, but the sides as well, in order to eliminate people from walking through subdivisions surrounding this property. As same is located in the Historical District, it must conform and be subject to review by the Historical Review Board. ORDINANCE UPON APPLICATION OF FLOYD E. KELLAM, JR. AND ANNIE B. KELLAM, TRUSTEES OF TRUST B UNDER THE WILL OF FLOYD E. KELLAM FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 Ordinance upon application of Floyd E. Kellam, Jr., and Annie B. Kellam, Trustees of Trust B under the Will of Floyd E. Kellam, for a Change of Zoning District Classi- fication- from AG-2 Agricultural District to B-2 Community Business District on certain property located on the north side of Princess Anne Road, 700 feet west of North Landing Road. Said parcel contains 38,376 square feet. Plats with more detailed information are available in the Department of Plazining. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Couiicil Members Absent: Louis R. Jones April 15, 1985 - 20 - Item II-J.8 PLANNING ITEM # 23483 Attorney Thomas Padrick represented the applicant The following also registered in favor of the application, but yielded to council's Motion: Mary Ellen Cox, President of Marian Manor, Inc. Elizabeth McClane, Mayor's Committee on Agiiig Upon motioil by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City Council ADOPTED Ordinances upon application of CATHOLIC DIOCESE OF RICIR40ND, c/o MARIAN MANOR, INC., for a Change of Zoning; and, MAR@ MANOR, INC. for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF CATHOLIC DIOCESE OF RICMIOND, C/0 MARIAN MANOR, INC., A VIRGINIA NON- PROFlT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 1-1 TO 0-1 Z0485970 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Catholic Diocese of Richmond, c/o Marian Marior, Iiic., a Virginia Non- Profit Corporation for a Change of Zoning District Classification from 1-1 Light Industrial District to 0-1 Office District on certain property located 1500 feet south of Virginia Beach Boulevard, 420 feet more or less west of clearfield Avenue. Said parcel is located at 5345 Virginia Beach Boulevard and coatains 15,377 square feet. Plats with more detailed iniormation are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF MARIAN MANOR, 1NC., A VIRGINIA NON-PROFIT CORPORATION, FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE ELDERLY R0485739 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Marian Manor, Inc., a Virginia Non-Profit Corporation, for a Conditional Use Permit for housing for the elderly on certain property located 1250 feet south of Virginia Beach Boulevard, 350 feet more or less west of Clearfield Avenue. Said parcel is located at 5345 Virginia Beach Boulevard and contains 1.82 acres. Plats with more detailed information are available in the Departmeiit of Planning. BAYSIDE BOROUGH. The followi@ig Conditions shall be required: 1. Adequate permanent paved access to a public right-of-way. 2. Aii automatic sprinkler system and an automatic fire alarm system meeting the approval of the City Fire Protection Engineer. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of April, Nineteen Hundred and Eighty-five. April 15, 1985 - 21 - Item 11-I.8 PLANNING ITEM # 23483 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Couacil Members Absent: None April 15, 1985 This item was moved forward on the PLANNING AGENDA as Councilman Louis Jones had to levae the Council Meeting early. - 22 - Item II-J.9. PLANNING ITEM # 23484 Attorney Grover Wright represented the applicant Upon motion by Councilman Jennings, seconded by Councilman FeDtress, City Council DEFERRED for one week until the City Council meeting of April 22, 1985, an Ordinance upon application of GEORGE F. DARDEN, JR., for a Change of Zoning. This application was DEFERRED to enable Vice Mayor McClanan, who was absent during the discussion of said application on the previous Council Meeting of April 8, 1985, to study same. ORDINANCE UPON APPLICATION OF GEORGE F. DARDEN, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2 Ordinance upon application of George F. Darden, Jr., for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the north side of First Colonial Road, 470 feet more or less east of North Great Neck Road. Said parcel contains 10.961 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None April 15, 1985 - 23 - Item II-J.10. PLANNING ITEM # 23485 Attorney Alan Gordon represented the applicant and presented a "STATEMENT OF OWNERSHIP AND CONSENT TO REZONING" signed by the owner of parcels concerned, Genevieve G. Dowas (said statement is hereby made a part of the proceedings). Attorney Donald H. Clark, representing Bonney Road Hotel Associates, developing a Howard Johnson Motel on property adjacent to the applicant, spoke in opposition, and distributed photographs of THALIA USED AUTO PARTS. John Vaughan, property owner on Bonney Road, spoke in opposition The City Clerk referenced telephone call from Edith Judge Rout, a property owner, in favor of said application. Upon motion by Councilman McCoy, secooded by by Councilwoman Oberndorf, City Cuncil DENIED Ordnances upon application of THALIA USED AUTO PARKS OF VIRGINIA INC. for Changes of Zonirig and a Coiiditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF THALIA USED AUTO PARTS OF VIRGINIA, 1NC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO B-2 Ordinance upon application of Thalia Used Auto Parts of Virginia, Inc., for a Change of Zoning District Classi- fication from 0-1 Office District to B-2 Community- Business District on certain property located on the south side of Bonney Road, 531 feet west of Bendix Road. Said parcel contains 1.43 acres. Plats with more de- tailed information are available in the Depatmeiit of Planning. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF THALIA USED AUTO PARTS OF VIRGINIA, INC., FOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM 0-1 TO 1-2 Ordinance upon application of Thalia Used Auto Parts of Virginia, Inc., for a Change of Zoning District Classi- fication from 0-1 Of i@ce District to I-2 Heavy Industrial District on certain property located on the south side of Bonney Road, 366.31 feet west of Bendix Road. Said parcel contains 30,928 square feet. Plats with more detailed in- formation are available in the Department of Planning. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICAT10N OF THALIA USED AUTO PARTS OF VIRGINIA, INC., FOR A CONDITIONAL USE PERMIT FOR AN AUTO SALVAGE YARD Ordinance upon application of Thalia Used Auto Parts of Virginia, Inc., for a Conditional Use Permit for an auto salvage yard on certain property located on the south side of Banney Road, 366.31 feet west of Bendix Road. Said parcel contains 2.31 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. April 15, 1985 - 24 - Item II-J.10 PLANNING ITEM # 23485 (Continued) Voting: 10-0 Council 14embers Votiag Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jetinings, Jr., Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Louis R. Jones April 15, 1985