HomeMy WebLinkAboutNOVEMBER 28, 1983 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B.y,id@ B.,..Rb
VICE@MAYOR B,IR8ARA Al. HENLEY, P..g@ 13.,@.gb
IOIIN A. BAIIM, B.,..gb
NANCY A. CREECII, A, L.,g@
IIAROLD IIEISCIIOBER, At L.,g@
Ii. JACK JENNINGS, JR., Ly..h.,,@. B.-.gh
R013ERT G. ]ONES. A, L,,,g@
W. Ii. KITClitN. /ti, Vigi@i,, B ... b
REBA S. VI,CIANAN. P,i ..... A.@@ B@,@.gh
IIENRY hl,COY, JR., B.,@.gb 212 CITY IIALL BUILDING
@'dt],NICIPAL CENTER
MEYERA E. C)BERNDORF--, A, L.,g@ VIRGINTA BEACII, VIRGINIA 23456
RUT[i IIOD(;ES SMITII, (:MC. Cily Cl@,k (804) 427-4 30 3
CITY COUNCIL AGENDA
November 28, 1983
ITEM I. INFORMAL SESSION: 5:30 p.m.
A. CALL TO ORDER Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMALIEXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Utility Tax Alternatives: Discussio,
2. Request of Staff to Provide any Additional Information on
the Flood Plain Ordiinance.
ITEM 11. FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Reverend William F. Summers
Pastor
First Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of November 21, 1983.
E. PROCLAMATION:
1. Home Health Care Week: November 27,1983 to December 3,1983
F. PLANNING:
1. Application of Evangelical Lutheran Church of the G,,od
erd for a conditional use permit for sancluary
expansion and s on a three-acre
parcel located at the south,est c,rner ,f Laskin Road and
Winwood Drive (Lynnhaven Borough).
a. Letter from the City Manager transniits the
recommendation of the Planning Commission for val.
2. Application of Julian R. Newbern for a conditional u,e
permit for mini-warehouses on a four-acre parcel located
along the southside of Virginia Beacb Boulevard, west of Air
Station Drive (Lynnhaven Borough).
a. Letter frim the City Manager transmits the
recommendation of thc Planning Commission for approval.
3. Application of Kevin G. Conroy and Thomas A. O'Gorman (C & 0
Automotive Wholesa for a condi 1,,nal use permit
f,)r a car wash on a 19,331 square foot parcel located along
the nirth side of Virginia Beach B,@ulevard, west of
Witchduck Road (Bayside Borough).
a. Letter from the City Manager transmits the
recomendation of the Planning Commission for oval.
4. Application of Phillip B. Marley for a conditional use
permit for a duplex on the south side of 9th Street, west of
Mediterranean Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for denial.
5. Application of Virginia Beach Investment Corporation for a
change of zoning -frolti R-6 residential District to B-2
Community-Business Distri t n a 28,157.6-square foot parcel
located south of Virginia Beach Boulevard, west of Tly
Avenue (Bayside Borough).
a. Letter from the City Manager transmits the
rccommendation of the Planning Commission for approval.
6. Application of Roosevelt Jones and Mary Jones, widow of
Gerald L. Jones, for a change of zoning from R-5
Residential District to A-1 Apartment District on a two-
acre parcel locate@along the south side if Moores Pond
Road, east of Baker Road (Bayside Borough)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
7. Application of Hickory Corporation for a change of zoning
from R-6 Residential District to A-2 Apartment District on a
1.032-acre parcel located at the northeast corner of
Barberton Drive and Old Virginia Beach Road (Lynnhaven
Borough). This undeveloped parcel consists of three separate
sites. The existing zoning permits 14 single-family homes,
since the site consists of 14 separate parcels. The
proposcd zoning would allow 19 apartment unics.
a. Letter from the Cit:y Manager transmits the
recommendation of the Planning Commission for approval
for Lots 20, 21, 22 and 23, Block 12, and l,ots 10, 11,
.12, anci 13, Block 12, anci denial f,@r L,@ts 24, 25, 26 ,
27, 28, and 29, Block 11.
8. Application of Woods Green Run 11 for a modification to the
Land Use Plan for Green Run to include town o@uses and
apartmenL/condominiums on 130.084 acres located at the
northwest corner of Rosemont Road and Buckner Boulevard
(Kempsville and Princess Anne Boroughs). The applicanl
wishes to develop 143 townhouse units on Parcel B-5-B (11.9
acres) and 384 apartments/condominiums on Parcel B-5-C (13.7
acres) of Phase V of Green Run.
a. Letter frim the City Manager transmits the
recommendation of the Planning Commission for approval
with modifications.
G. APPOINTMENTS
H. UNFINLSHED BUSINESS
1. Community Services Board: EsLabli,h Task Force for Substance
Abuse.
1. NEW BUSINESS
J. ADJOURNMENT:
1. Motion Lo Adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 28, 1983
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Louis R. Jones in the Conference Room, City.
Hall Building, on Monday, November 28, 1983, at Four Thirty-Eight in the
afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan
Council Members Absent:
Robert G. Jones, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
NOTE: Councilman Jones and Councilwoman Oberndorf were attending the
National League of Cities Conference. Councilman McCoy entered
the meeting at 5:03 p.m.
November 28, 1983
- 2 -
ITEM # 21001
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition or use of real property
for public purpose, or of the disposition of publicly
held property, or of plans for the future of an
institution which could affect the value of property
owned or desirable for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body.
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 8-0
Council Members Voting Aye:
Jobn A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
November 28, 1983
- 3 -
M A T T E R S B Y M A Y 0 R
FUNCTTONS ATTENDED
BY COUNCIL MEMBERS ITEM # 21002
Mayor Jones expressed appreciation to members of Council for their
participation in various functions throught the City during the month
of October per the following.
October 07 -- Vice Mayor Barbara M. Henley welcomed the Federally
Employed Women, Mid-Atlantic Region, at their Annual
Training Prograin at the Sheraton Beach Tnn.
October 12 --- The tour of Back Bay was attended by Vice Mayor Barbara M.
Henley and Council Members Nancy Creech, H. Jack Jennings,
Robert G. Jones and Reba S. McClanan, Meyera E. Oberndorf.
October 13 --- Vice Mayor Barbara M. Henley welcomed the Region III
Head Start Association at their Annual Training
Conference at the Pavilion Tower.
October 14 --- Vice Mayor Henley attended the Change-of-Command Ceremony
at Dam Neck, at which time Captain Buchwald was relieved
by Captain Bitoff. Council Member Meyera Oberndorf also
attended.
October 16 The groundbreaking festivities for the Marine Science
Museum were attended by Vice Mayor Barbara M. Henley and
Council Members John Baum, Nancy Creech, Reba McClanan
and J. Henry McCoy, Jr., D.D.S. , Meyera E. Oberndorf.
October 17 Council Member Meyera Oberndorf welcomed the Coast Guard
Region 3 Response Team at their Semi-Annual Meeting held
at the Cavalier on the Hill.
October 18 The Seatack Fire Station Dedication was attended by
Vice Mayor Barbara M. Henley and Council Members
Robert G. Jones, Reba McClanan, and Meyera Oberndorf.
October 23 --- The Emergency Medical Services Memorial Dedication was
attended by Vice Mayor Barbara M. Henley and Council
Members Robert G. Jones, Reba McClanan, Meyera Oberndorf.
ORDINANCE REGARDING
DOGS ITEM # 21003
Mayor Jones called attention to an Ordinance regarding dogs wherein an owner
is now required to produce a statement from a licensed veterinarian as proof
that a dog has been spayed/neutered. Tnasmuch as opposition has been declared,
Mayor Jones requested the City Manager and the City Treasurer evaluate the
Ordinance to make it more "workable". (Ordinance No. 1290, adopted June 14,
1982.)
November 28, 1983
- 4 -
M A T T E R S B Y C 0 U N C I L
WATER SITUATION ITEM # 21004
Councilman Kitchin requested a Briefing by Staff members from the Departments
of Public Utilities, Planning, Zoning, Permits and Inspections regarding the
water situation (present and future) as it relates to building in the City of
Virginia Beach. By consensus, Council asked that roads and schools be
included as they relate to water supply.
OLD DONATION PARKWAY/
INLYNNVIEW ROAD ITEM # 21005
Councilman Jennings requested Council's consideration in changing the name
of Old Donation Parkway (section between First Colonial Road and Great Neck
Road) to INLYNNVIEW ROAD (as it is known west of Great Neck Road). There
presently exists a fourteen-unit medical office complex (near the intersection
of First Colonial Road and Old Donation Parkway) which has as its address
"Old Donation Parkway", the only known addressee to be affected.
PROPOSED CHARTER
REVISION/CITY COTINCIL/
STUDY ITEM # 21006
Councilman Jennings presented to Council "A Proposal for the 1984 General
Assembly Charter Revision for Virginia Beach City Council Elections" and
suggested that t-here is inequitable representation on Council. He
requested this matter be placed on the December 5, 1983 Agenda to determine
whether a study will be performed. At that time, it would also be determined
who should be requested to perform the study in question. It was suggested
either the Virginia Beach Research and Advisory Council or the Virginia Beach
Chamber of Commerce might possibly conduct the study.
Said Proposal is hereby made a part of the record.
BAXTER ROAD CONNECTIONS ITEM # 21007
Councilman McCoy presented a map depicting a major artery should three
broken segments be connected (Indian Lakes Boulevard and Churchill Drive;
Churchill Drive and Baxter Road; South Boulevard and Rosemont Road). Said
map is hereby made a part of the record.
November 28, 1983
- 5 -
M A T T E R S B Y C I T Y M A N A G E R
UTILITY TAX ALTERNATIVES ITEM # 21008
The City Manager stated that three utility tax alternatives (for commercial
establishments) had been determined by the Staff as outlined in a memorandum
from Finance Department Director Giles G. Dodd to the City Manager (said
memorandum is hereby made a part of the record).
A report entitled "Commercial Utility Tax Changes", dated June 27, 1983,
prepared by the Research Team of the City of Virginia Beach, was presented
to Council Members (and is hereby made a part of the record). The City Manager
requested this report be considered a "status report".
Councilman Heischober requested the Staff consider tbe feasibility of Alternate
Number 2 ("Ceiling Rate, with a Lower Tax on the Excess" -- perhaps a 5% rate
on the first $3,000 of each monthly water, electricity and gas bill with a
XXX % tax on the excess over $3,000 ...... ).
FLOOD PLAIN ORDINANCE ITEM # 21009
In accordance wi.th Council's previous request for additional information on
the Flood Plain Ordinance, the City Manager stated that the "ballpark" figure
requested by Vice Mayor Henley is scheduled for presentation December 5, 1983.
Regarding Councilman Baum's request for expediting receipt of the Army Corps
of Engineers Flood Plain Maps prior to February 1, 1984, an attempt is being
made to accomplisb this.
Relative to Salem Canal and West Neck Canal, Councilman Baum requested a
definition of natural flood ways and explained he would like to know what
the Army Corps of Engineers considers their wetlands.
Vice Mayor Henley stated that the Back Bay Study Group will be rendering its
study in December 1983.
Referring to a memorandum dated November 17, 1983 from Planning Director
Robert J. Scott to the City Manager regarding "Proposed Flood Plain
Regulations", Vice Mayor Henley requested Mr. Scott determine the amount
of wetlands involved in particular zoning applications.
PUBLIC HEARING/C.I.P. ITEM # 21010
The City Manager stated there would be a Public Hearing on tbe Capital
Improvements Program on November 29, 1983, at 7:30 p.m. at the Kempsville
Recreation Center and advised that parking would be reserved for Council
Members.
COUNCIL NEETINGS/
HOLIDAYS TTEM # 21011
Whether Council will meet on Tuesday, December 27, 1983 (following the
Christmas Holiday on Monday, December 26) and Tuesday, January 3, 1984
(following the New Year Holiday on Monday, January 2) was voted upon in
the Formal Sessi.on.
November 28, 1983
- 6 -
RECESS INTO
EXECUTIVE SESSION ITEM # 21012
City Council RECESSED into EXECUTIVE SESSION at Five Forty-Five in the
afternoon.
November 28, 1983
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 28, 1983
7:23 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, II1, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
INVOCATION: Reverend William F. Summers
Pastor
First Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
NOTE: Attending the National League of Cities Conference were Meyera E.
Oberndorf, as VOTING DELEGATE, and Robert G. Jones, as ALTERNATE
VOTING DELEGATE.
November 28, 1983
8
Item II-D.1
MINUTES ITEM # 21013
TJpon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council APPROVED the Minutes of November 21, 1983.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
November 28, 1983
- 9 -
Item II-E.1
PROCLAMATION ITEM # 21014
Mayor Jones proclaimed the period November 27, 1983 to December 3, 1983:
HOME HEALTH CARE WEEK
Accepting the Proclamation was Loretta Runkle, Director of Professional
Services, Alternative Health Care Services.
November 28, 1983
- 9a -
P R 0 C L A M A T I 0 N
WHEREAS, in 4ecent yea4,6, home heatth ca4e ha-6 4apidty gained
acceptance az an impo4tant and 4ucc@jut etement o6 high quatity
ca4e; and
WHEREAS, many Ame4icanA a4e ca4ing io4 the nee" o6 ou4 sick at
home az a compaehen4ive heatth ca4e ptan, whe4eby, zeavices a4e p4o-
vided @oA the pu4poze oi paomoting, maintaining and 4e.6to4ing heatth
o4 maximizing thei4 tevet o6 independence white min@izing the ei6ect
o6 a di,6abitity o4 ittne,6z; and
WHEREAS, communitiez, togethe4 with State,6 and the Fede4at gove4n-
ment, have begun buitding integ4ated netwo4k4 to p4ovide ca4e Ao4 the
etde4ty and dizabted in homez and in the community; an,d
WHEREAS, Fede&at expendita4e,6 on Medica4e and Medicaid, two o6
gove4nment'4 ta4gezt p4ogliamz ze4v4.Ag the etde4ty, poo4 and d"abted,
aAe expected to exceed $75 bittion in 1993--about two out o6 eve4y ten
dotta44 Apent on heatth ca4e in th" nation; and
WHEREAS, ovea the paat 6ou4teen yea4z, the numbe4 o6 home heatth
agencie,6 pa4ticipating in Medicaie ha,6 inctea,6ed by two-thiAds, and
theAe a4e now moke than 4,000 ceAti6ied p4ovide4.6 o4 home ca4e.
NOW, THEREFORE, 1, Loui-6 R. Jone4, Mayo& o6 the City oA Vi4ginia
Beach, in acco4dance with Fede4at and State ptoctamation,6, do he)teby
pAoctaim the week oi Novembe4 27 thaough DecembeA 3, 1983, a-6
HOME HEALTH CARE WEEK
and catt upon gove4nment o66iciatz, citzien4 and inte4"ted o4gani-
zation,6 to ob,6e4ve this week with app-lopaiate activiti" .
IN WITNESS WHEREOF, I have he4eunto Aet my hand and cau,6ed the
zeat oA the City o6 Vi&ginia Beach to be a66ixed thi,6 twnty-eighth
day o6 Novembe4 in the yea4 o6 ouA LoAd nineteen hund4ed and eighty-
th4ee.
Lou" R. Jon"
MayO4
November 28, 1983
- 10 -
Item II-F.1
PLANNING ITEM # 21015
Reverend Bruce Modahl represented the applicant.
Upon motion by Councilman Jennings, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance upon application of EVANGELICAL LUTHERAN
CHURCH OF THE GOOD SHEPHERD for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF THE EVANGELICAL
LUTHERAN CHURCH OF THE GOOD SHEPHERD FOR A
CONDITIONAL USE PERMIT FOR SANCTUARY EXPANSION
AND PARKING LOT IMPROVEMENTS R01183585
BE IT ORDAINED BY THE COUNCIL OF THE CIRY OF VIPGINIA BEACH, VIRGINIA:
Ordinance upon application of the Evangelical
Lutheran Church of the Good Shepherd for a
Conditional Use Permit for sanctuary expansion
and parking lot improvements on certain property
located on the southwest corner of Laskin Road
and Winwood Drive, running a distance of 400.39
feet along the south side of Laskin Road, running
a distance of 341.48 feet along the western
property line, running a distance of 395.50 feet
along the southern property line and running a
distance of 303.62 feet along the west side of
Winwood Drive. Said parcel is located at 1489
Laskin Road and contains 3 acres. LYNNHAVEN
BOROUGH.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Eighth day of November, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, ITI, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
November 28, 1983
Item II-F.2
PLANNING ITEM 21016
Lewis Darden represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon application of JULIAN R. NEWBERN for
a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF JULIAN R. NEWBERN
FOR A CONDTTTONAL USE PERMIT FOR MINI-WAREHOUSES R01183586
BE TT ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Julian R. Newbern
for a Conditional Use Permit for mini-warebouses
on certain property located on the south side
of Virginia Beach Boulevard beginning at a point
674.56 feet west of Airstation Drive, running a
distance of 614.52 feet along the south side of
Virginia Beach Boulevard, running a distance of
367.72 feet along the western property line,
running a distance of 640.78 feet along the
southern property line and running a distance of
198 feet along the eastern property line. Said
parcel contains 4 acres. LYNNHAVEN BOROUGH.
This Ordinance shall be effective from tbe date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Eighth day of November, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
November 28, 1983
- 12 -
Item II-F.3
PLANNING ITEM # 21017
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council DEFERRED for one week (to December 5, 1983) an Ordinance
upon application of KEVIN G. CONROY and THOMAS A. O'GORMAN (C & 0 AUTOMOTIVE
WHOLESALERS, INC.) for a Conditional Use Permit for a car wash. This
matter was deferred inasmuch as a representative of the applicant was not in
attendance. The City Clerk will notify the applicant of the date on which
the application will be voted by City Council.
ORDINANCE UPON APPLICATION OF KEVIN G. CONROY
AND THOMAS A. O'GORMAN (C & 0 AUTOMOTIVE WHOLESALERS,
INC.) FOR A CONDITIONAL USE PERMIT FOR A CAR WASH
Ordinance upon application of Kevin G. Conroy and
Thomas A. O'Gorman (C & 0 Automotive Wholesalers,
lnc.) for a Conditional Use Permit for a car wash
on certain property located on the north side of
Virginia Beach Boulevard beginning at a point
847 feet west of Witchduck Road, running a distance
of 39 feet along the north side of Virginia Beach
Boulevard, running a distance of 489.49 feet
along the western property line, running a dis-
tance of 39 feet along the northern property line
and running a distance of 501.85 feet along the
eastern property line. Said parcel is located
at 5162 Virginia Beach Boulevard and contains
19,331 square feet. BAYSIDE BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
November 28, 1983
- 13 -
Item II-F.4
PLANNING ITEM # 21018
Dianna Close, President of Shadowlawn Civic League, spoke in opposition.
The City Clerk called attention to a letter from Phillip B. Marley requesting
withdrawal of the application (said letter is hereby made a part of the
record).
Upon motion by Councilman Kitchin, seconded by Councilman Jennings, City
Council DENIED an Ordinance upon application of PHILLIP B. MARLEY for a
Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF PHILLIP B. MARLEY FOR
A CONDITIONAL USE PERMIT FOR A DUPLEX
Ordi.nance upon application of Phillip B. Marley
for a Conditional Use Permit for a duplex on the
south side of 9th Street, 100 feet west of
Mediterranean Avenue on Lots 6 and 8, Block 37,
Shadowlawn Heights. Said parcel contains 6098
square feet. VIRGTNIA BEACH BOROUGH.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
November 28, 1983
- 14 -
Item II-F.5
PLANNING ITEM # 21019
Attorney Josepb Waldo represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH
INVESTMENT CORPORATION for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH
INVESTMENT CORPORATION FOR A CHANGE OF ZONING
FROM R-6 TO B-2 Z01183782
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Virginia Beach
Investment Corporation for a Change of Zoning
District Classification from R-6 Residential
District to B-2 Conmunity-Business District on
certain property located 220 feet more or less
south of Virginia Beach Boulevard beginning at
a point 280 feet more or less west of Toy Avenue,
running a distance of 135 feet along the northern
property line, running a distance of 200.41 feet
along the western property line, running a dis-
tance of 146 feet along the southern property line
and running a distance of 200.41 feet along the
eastern property line. Said parcel contains
28,157.6 square feet. BAYSIDE BOROUGH.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Eighth day of November, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Counci-1 Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
November 28, 1983
- 15 -
Item Il-F.6
PLANNING ITEM # 21020
J. Carter Luck, purchaser of the property in question, spoke in favor of
the application.
Upon motion by Councilman Heischober, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of ROOSEVELT JONES and
MARY JONES (widow of Gerald L. Jones) for a Change of Zoning per the
following:
ORDINANCE UPON APPLICATION OF ROOSEVELT JONES AND
MARY JONES, WIDOW OF GERALD L. JONES FOR A CHANGE
OF ZONING FROM R-5 TO A-1 Z01183783
BE IT ORDALNED BY THE COUNCIL OF THE CIry OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Roosevelt Jones and
Mary Jones, widow of Gerald L. Jones,for a
Change of Zoning District Classification from
R-5 Residential District to A-1 Apartment District
on certain property located on the south side of
Moores Pond Road beginning at a point 1068 feet
east of Baker Road, running a distance of 243
feet along the south side of Moores Pond Road,
running a distance of 359 feet along the eastern
property line, running a distance of 243 feet
along the southern property line and running a
distance of 356 feet along the western property
line. Said parcel contains 2 acres. BAYSIDE
BOROUGH.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-Eighth day of November, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Mernbers Voting Nay:
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
November 28, 1983
- 16 -
Item TI-F.7
PLANNING ITEM # 21021
Attorney Robert Steinhilber represented the applicant.
In favor:
Attorney Ira Steingold, representing owners of contiguous lots
Don Smith, principal Broker, Eagle Realty
Ralph Sides, owner of adjacent property, suggested Council adhere to the
recommendations of the Planning Commission.
Upon motion made by Councilman Jennings, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of HICKORY CORPORATION for
a Change of Zoning per the following.
A Substitute Motion was made by Councilman Kitchin, seconded by Councilwoman
McClanan, to follow the Planning Commission's recommendation for approval
of Lots 20, 21, 22 and 23, Block 12; and, Lots 10, 11, 12 and 13, Block 12;
AND, denial of Lots 24, 25, 26, 27, 28 and 29, Block 11. Said motion LOST
by a vote of 4 to 5.
ORDINANCE UPON APPLICATION OF HICKORY CORPORATION
FOR A CHANGE OF ZONING FROM R-6 TO A-2 Z01183784
BE IT ORDAINED BY THE COUNCIL OF THE CTTY OF VTRGTNTA BEACH, VIRGINIA:
Ordinance upon application of Hickory Corporation
for a Change of Zoning District Classification
from FC-6 Residential District to A-2 Apartment
District on certain property located on Lots 20,
21, 22 and 23, Block 12; Lots 10, 11, 12 and 13,
Block 12; and Lots 24, 25, 26, 27, 28 and 29,
Block 11, as shown on plat entitled "Woodland
Property of Noranne Realty Corporation". Said
parcels are located between 23rd Street and Old
Virginia Beach Road, east of Barberton Drive.
Said parcels contain 1.032 acres. LYNNHAVEN BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
1. Resubdivision of the property and vacation of internal lot
lines to avoid the creation of nonconforming lots and to
ensure that all lots have access to a public street.
This Ordinance shall be effective from the date of adoption.
Adopted by the Coiincil of the City of Virginia Beach, Virginia, on the
Twenty-Eighth day of November, Nineteen Hundred, Eighty-Three.
November 28, 1983
- 17 -
Item II-F. 7
PLANNING ITEM # 21021 (continued)
Voting: 4-5 (Substitute Motion LOST)
Council Members Voting Aye:
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McCianan
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
Voting: 6-3 (MAIN MOTION CARRIED)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones,
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, 111,
Reba S. McClanan
Council Members Absent:
Robert C. Jones and Meyera E. Oberndorf
November 28, 1983
- 18 -
Item 11-F.8
PLANNING ITEM # 21022
The City Clerk called attention to a letter from WOODS GREEN RUN, INC.
(Douglas W. Talbot, PE) wherein a deferral was requested to December 5
or December 12 inasmuch as Mr. Talbot will be out of town November 18
through December 4, 1983. Said letter is hereby made a part of the
record.
Upon motion by Councilman McCoy, seconded by Councilwoman McClanan, City
Council DEFERRED to December 19, 1983, an Ordinance upon application of
WOODS GREEN RUN, 11 for a modification to the Land Use Plan per the
following:
ORDINANCE UPON APPLICATION OF WOODS GREEN RUN, II
FOR A MODIFICATION TO THE LAND USE PLAN FOR GREEN
RUN
Ordinance upon application of Woods Green Run, II
for a modification to the Land Use Plan for Green
Run to include townhouses and apartment/condominiums
of 130.084 acres located at the northwest corner
of Rosemont Road and Buckner Boulevard. Plats with
more detaild information are available in the
Department of Planning. KEMPSVTLLE AND PRTNCESS ANNE
BOROUGHS.
Voting. 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Robert C. Jones and Meyera E. Oberndorf
November 28, 1983
- 19 -
ltem II-G
APPOINTMENTS ITEM # 21023
Appointments were rescheduled.
November 28, 1983
- 20 -
Item II-H.1
UNFINISHED BUSINESS ITEM # 21024
Frank Bryant, 645 Meadows Drive, spoke on the subject matter.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council APPROVED the City Manager's recommendation that the Connnunity
Services Board, at its next meeting, establish a Task Force to study the
problem of substance abuse, "chemical people", and that the appointment
of this Task Force be subject to City Council approval.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and Meyera E. Oberndorf
Mr. Bryant offered the following names of those who would be willing to
serve on the Task Force:
Betty Russel 467-0042
Ann Sutton 497-4347
Frank Bryant 467-1489
November 28, 1983
- 21 -
Item IT-I.1
NEW BUSINESS ITEM # 21025
The City Clerk read the following excerpt from the City Code:
"Sec. 2-20. Time and place of regular meetings.
"Regular meetings of the council shall be
held in the Administration Building, Munici-
pal Center, Virginia Beach, Virginia, on the
first, second and third Mondays at 12:30 p.m.
and on the fourth Monday of each month at
5:30 p.m., unless such date shall fall upon a
legal holiday, in which case the meeting will
be held on the next succeeding day which is
not a holiday and at the same hour, except as
otherwise provided by special resolution of
the council."
A motion was made by Councilman Heischober, seconded by Councilwoman
McClanan, that City Council not meet on Tuesday, December 26, 1983
(following the Christmas Ho i@da , December 25, 1983), but that it meet
on Tuesday, January 2, 1984 (following the New Year Holiday, January 1,
1984).
The above motion was WITHDRAWN.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council APPROVED cancelling Council meetings on both December 26, 1983
and January 2, 1984.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Counci.1 Members Absent:
Robert G. Jones and Meyera E. Oberndorf
November 28, 1983
- 22 -
Item I'-J.1
ADJOURNMENT ITEM # 21026
By conseiasus, City Council adjourned the meeting at Eiglit Twenty-Two in tlie
evening.
lerk
Ruth Hodges Sreith, CMC Mayor Louis R. @/nes
City Clerk
Virginia Beach
Virginia
/jk
November 28, 1983