HomeMy WebLinkAboutOCTOBER 10, 1983 MINUTES
Cit@ c)-f
"WORLD'S LARGEST RESORT CITY"
CITY COIJNCIL
MAYOR 1-0111@S R. ]ONES. 8 ... id. 8..... gb
VICE-MA YOR BARBARA M. HENLEY, P@.g@ B.,..gh
IOIIN A. BAIJM. B@,..gh
,'4ANCY A. CREECii. A, L.,g@
IIAROI@D IIEISCIIOBER, At L.,g@
H. JACW JENNIN(;.1/2, JR., Ly@@b..@@ B.-@gh
ROBERT G. ]ONES, At L.,g@
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REBA S. q, CI,ANAN, A@@@ 8@ ... gb 212 C/7 Y HALI, BI!ILDI@N(;
1. IIENRY AI,CUY ) R., K@.p-ill, 8.... gh MI]NICIPAI- CFN7PR
MEYERA E. 013ERNDORF, At L.,g@ VIRGtNtA BEACH, VIR(,INIA 2i456
RUTH HOD(,ES SMIT[L, CMC, City Cl@,k (804) 42@--4 30 3
CITY COUNCIL AGENDA
October 10, 1983
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER Mayor Louis R. Jones
B. ROLL CALL OF COU14CIL
C. MOTION TO RECESS INTO INFOPIIAL/EXECUTLVE SESSION
D. PRESENTATION/DISCUSSION OF PEPTINENT L@IATTERS
1. Matters for discussion by @layor.
2. Matters for discussion bv Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda.
ITEM 'I FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Bruce K. Modahl, Pastor
Evangelical Lutheran Church of the
Good Shepherd
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 October 3, 1983.
E. PRESENTATION
1. Mayor's Recognition of
President John Wins
Roma Lodge, Sons of Italy in America
AND
Introduction of
Queen Regina Rossi
Princess Jennifer Brogan
Princess Gina Barresi
P. CONSENT AGENDA
All matters listed 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. There will be no separate discussion
of these items. If discussion is desired, that item will be removed
from the Consent Agenda and considered separately.
1. Ordinance Authorizing Certaiii Events Conducted on City
Property to be exempt from tlie Prohibition from working
or Transacting Business on Sunday.
2. Ordinance, on SECOND READING, to appropriate $2,000,000 of
State contribution to the Virginia Museum of Marine Science.
3. Ordinance, on SECOND READING, to accept and appropriate funds
from the Southeastern Virginia Areawidc Model Ilrogram (SEV@1).
4. Ordinance, on SECOND READING, to accept a grant of $5,200
from the Virginia Fire Commission for equipment for the
Fire Training Center.
5. Ordinance, on SECOND READING, to appropriate funds of $932 to
the FY 84 Clean Community Operating Budget.
6. Ordinance, on SECOND READING, to accept a Federal Grant of
$15,000 from the Division of Motor Vehicles for a regional
DUT Task Force and to appropriate these funds.
ITEM II F. CONSEAT AGENDA (Cont'd)
7. Ordinance, on SECOND READING, to accept a Federal grant of
$150,000 towards the development of Woodstock Park and to
appropriate these funds.
8. Ordinance to Authorize Acquisition of Property in Fee Simple
for Right-of-Way for Lynnhaven Parkway Phase VI from Princess
Anne Road to Holland Road and the Acquisition of Temporary and
Permanent Easements of Right-of-Way, either by Agreement or by
Condemnation.
9. Ordinance Authorizing the City Manager to Execute a Deed of
Vacation and Quitclaim Vacating a Portion of a 20' Drainage
Easement across Property of bg Construction Corporation.
10. Ordinance appointing Viewers in the petition of Arthur S. Kreger,
Shirley K. Levin, Ruth S. Kreger, Parker-Sparks, Inc., and Roger
W. Miller for the closure of a portion of an alley 20' x 150' in
Block 105, on Plat entitled "Map of Linkhorn Park" (Virginia Beach
Borough).
11. Request of City Treasurer for tax refunds in the amount of $298.08.
G. PLANNING -RECONSIDERATION
1. Ordinance amendina an Ordinance upon Application of Mr.-and N@s.
Allen M. Holmes, Fred and Elizabeth Soles. Georee B. and Edith
K. Shields, nd Michael Wilcox for a change of zoninr district
classification from R-7 Residential District to A-3 tment
District Straight Category (Modified from A-4 Apartment District)
Council had approved this change of zoning on March 14, 1983.
a. Applicant requests RECONSIDERATION of the condition
restricting the number of dwelling units and allow
for a decrease in the size of the building lot.
H. PLANNING
1. Ordinance a portipn of
that street known as Cleveland Street, located at the soutbwest
intersection with Clearfield Avenue, in the petition of medc,
Corporation (Bayside Borough).
a. Letter from the City Manager transmi.ts the
recommendation of the Planning Commission
for oval;
AND,
the recommendation of the Viewers that if
Council approves this closure, the matter
be deferred for them to recommend conditions.
2. Ordinance Closing, Vacating, and a portion of
Lynn Shores Drive , located along the southwest corner of Lynn
Shores Drive and Rumford Lane, in the petition of Thomas G.
and Irma C. Harty and Thomas M. and Rita K. Vojtek (Kempsville
Borough) (Council approved this request on March 21, 1983)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur that FINAL CLOSURE
be def erred for thirty days, so that con-
ditions might be met.
ITEM II PLANNING (Cont'd)
3. Ordinance ClosinR. Vacatin2 and Discontinuing a portion of Goose
Laiid@Liig, located at tiie western terminus of Goos@ l,aLidi,ig, aii,l
totaling 19,415 square feet, in the petition of Hudgins and Associates;
AND,
Ordinance.Closing, Vacating and Discontinuing a portion of a 30-
foot unimproved right-of-way located 550 feet south of Norfolk
Avenue in the petition of Hudgins and Associates (Lynnhaven Borough).
a. Letter from tlie City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur for approval.
4. Application of Newsome Farms Associates for a variance to Section
4.4 (b) of the Subdivision ordinance which requires that lot di-
mensions conform to the Comprehensive Zoning Ordinance. They
wish to subdi.vide a 1.213-acre parcel, located at the northwest
corner of Connie Lane and Lawrence Drive into five parcels, one
of which will be in a "flag lot" configuration. Proposed parcels
1 and 2 will each total 8,099 square feet. Proposed parcels 3,
4, and 5 will total 8,5-0, 7,500 and 20,627 square feet, respectively.
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of tlie Planning Commission
for approval.
5. Application of Premier Millwork and Lumber Company, Inc., for a change
of zoning from B-2 Community-Business District to A-3 Apartment
District on a 1.24-acre parcel located along the west side of North
Birdneck Road, north of Waterfront Drive (Lynnhaven Borough).
(This matter was deferred for two weeks on September 26, 1983.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval. (Modified to A-2)
6. Application of Paula L. Collins for a change of zoning from B-2 Community-
Business District to A- r@. nt District on an eleven-acre parcel
located at the northeast corner of Ash Avenue and Souttierii Boulevard
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Applications of Oxford Development Enterprises, Inc. for a
zoning from B-2 Community-Business District to A-2 Apartment District
on a 15,681.6-square foot parcel located between First and Second
Streets, west of Thalia Trace Drive;
AND,
a change of zoning from A-1 Apartment District to A-2 Apartment District
on a 40,075.2-square foot parcel, locatei between ionney Road and Second
Street, west of Thalia Trace Drive (Kempsville Borough)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for apl)roval.
ITEM 11 PLANNING (Cont'd)
8. Application of Keith G. and JoAnn Shiffer for a change of zoning
from R-8 Residential District to 0-1 Office District on a 40,950.64-
square foot parcel located along the west side of Kempsville Road,
south of Indian River Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Comrnission
for approval.
9. Application of Ena K. Fleshman, Fred W. Fleshman, Barbara Fleshman.
and the W. C. Lineberry Estate for a change of zoning from R-6 Re-
sidential District to A-1 Apartment Distrlct on a 6.7-acre parcel
located along the south side of Ilth Street, west of Oak Springs
Court (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
10. Application of Gary Montalbine, t/a Bayside Repair Service, for a
conditional use permit for small engine repair on a 4.7-acre parcel
located at the northwest corner of Pleasure House Road and Independence
Boulevard (Bayside Borough).
a. Letter from the City Manager transmits the
recommendati.on of the Planning Commission
for approval.
11. Application of Potomac Street Collision and Air Conditionin& Service
Company, Inc. for a conditional use permit for an auto body shop on
a 13,125-square foot parcel located on the west side of Rose Marie
Avenue, south ofbroad Street (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
12. Application of Joseph C. and Helen M. Lynch for a conditional use
permit for small engine repair and retail sales on a 13,560-square
foot parcel located along the west side of First Colonial Road,
south of Virgiiiia Beach Boulevard (Lynnhaven Borough).
(This matter was deferred for two weeks on September 26, 1983)
a. Letter from the City Manager transmits the
recoranendation of the Planning Commission
for approval.
13. Application of Maria del Carmen and Danny J. Lewis for a conditional
use permit for a home occupation (dance school) on a 17,024-square
foot parcel at 4304 Cambria Circle (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
1. APP01NTIfENTS
I . Citizens Advisory Conanittee
2. Community Services Board
3. Mosquito Control Commission
4. Transportation Safety Commission
ITEM 11 1. UNFINISHED BUSINESS
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to Adjourn
-7-
Item II-D.1
MINUTES ITEM # 20786
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley,
City Council APPROVED the Minutes of 'tl'tW.@@19634 I with a correction
to Item # 20771 on page 46, inserting in lieu of "Beach Borough" the
words "City of Virginia Beach" as follows-.
"Councilwoman Oberndorf noted the neighborhood
deterioration in the City of
Virginia Beach and requested that the City
Manager and the City Attorney review the
current Minimum Housing Code and what steps
could be taken to enforce the Code to elimi-
nate this problem.
"The City Manager was requested to prepare a
Briefing within the next 30 days."
Voting: 9-0
Council Members Voting Aye:
John A. Baum,* Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, Ill,*
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings, Jr.
*Verbal aye.
October 17, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 10, 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, October 10, 1983, at Twelve Thirty-Five in the
afternoon.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
Councilwoman Creech entered the meeting at 2:00 p.m. and Councilman McCoy
entered at 12:53 p.m.
October 10, 1983
-2-
ITEM # 20726
Mayor Jones entertained a mation to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSTON 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. 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 mation by Vice Mayor Barbara M. Henley, seconded by Councilwoman
Oberndorf, City Council voted to proceed into the EXECUTIVE SESSION
following the INFORMAL SESSION.
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McCianan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
October 10, 1983
-3-
M A T T E R S B Y T H E M A Y 0 R / V 1 C E M A Y 0 R
BACK BAY WATERSHED TOUR ITE4 # 20727
Vice Mayor Henley reminded Council Members of the Back Bay Watershed Tour
to be conducted October 12, 1983, at 9:00 a.m. Members of City Council
will assemble in the City Hall Lobby at 8:45 a.m.
October 10, 1983
-4-
M A T T E R S B Y C 0 U N C I L
ATLANTIC AVENUE
BEAUTIFICATION ITEM # 20728
Councilman Robert Jones stated the public hearing (Mayor's Ad Hoc
Cominittee on Roads, Traffic, Parking) held October 8, 1983, at the Dome
was a success. There were 40 people in attendance, with 10 speakers.
Among issues addressed were the parking problem and traffic patterns.
The following concept emerged: There is a need for a centralized Authority
which would have specific legal powers granted by Council, and a policy
formulated by Council to compile a Comprehensive Plan.
CABLE TELEVISTON ITEM # 20729
Councilman Robert Jones stated his desire to utilize cable television
for Council Meetings. Per his understanding from the City Manager,
appropriations have been made in the Budget for purchase of the necessary
equipment. The wiring is already in place. Councilman Jones requested
this item be placed under "New Business" on the October 17 Agenda, thus
allowing the input of interested citizens.
LCAC ITEM # 20730
Councilman Jennings advised Council that the LCAC Advisory Committee will
meet October 14, 1983 to finalize the report on mitigating measures.
UNCOVERED TRUCKS 1TEM # 20731
Councilman Jennings expressed concern about trucks hauling various materials;
i.e., gravel, sand, etc., uncovered. He requested the City Attorney review
the State Code and the City ordinance relating to this issue and make a
recommendation addressing same. Several citizens have experienced damage
to their automobiles as a result of uncovered materials from the trucks
striking their vehicles.
Councilwoman McClanan noted that the State of Kentucky has adopted
legislation which prohibits uncovered trucks on roads and highways in
the State.
OLD DONATION PARKWAY ITEM # 20732
Councilman Jennings requested a ruling by Council to reaffirm action taken
March 5, 1979, by Council wherein it was stated "....Master Street and High-
way Plan is hereby amended to delete Old Donation Parkway to Independence
Boulevard...". See Formal Agenda.
ATLANTIC AVENUE PARKING ITEM # 20733
Councilman Kitchin stated Public Works has completed the striping for parking
on either side of Atlantic Avenue. It is hoped it will be beneficial Lo
businesses. Revenue is being generated and hopefully to the extent that
it will offset the cost of striping.
October 10, 1983
-5-
M A T T E R S B Y C I T Y M A N A G E R
ITEM # 20734
In Mr. Muehlenbeck's absence (attending International City Managers
Association Conference in Kansas City, Missouri), Giles G. Dodd, Acting
City Manager and Assistant to the City Manager for Finance, stated he
had no items to be discussed.
October 10, 1983
-6-
RECESS INTO
EXECUTIVE SESSION ITEM # 20735
City Council recessed into EXECUTIVE SESSION at One O'Clock in the afternoon.
-7-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 10, 1983
2:25 p.m.
Council Members Present:
John A. Baum, Nancy A. Creecb, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Bruce K. Modahl, Pastor
Evangelical Lutheran Church of the Good Shepherd
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 10, 1983
Item II-D.1
MINUTES ITEM # 20736
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech,
City Council APPROVED the Minutes of October 3, 1983.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, TIT, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-9-
Item II-E-.l
PRESENTATION ITEM # 20737
Mayor Jones recognized John Wins, President, Roma Lodge, Sons of Italy
in America.
The Italian-American community, as represented in Virginia Beach by the
members of the Roma Lodge, Order Sons of Italy in America, annualy select
outstanding young ladies as their model. These young ladies serve for a
period of one year and are titled "Queen" and "Princesses", respectively.
Mr. Wins introduced the young ladies selected to reign during 1983/1984
(to be installed at the Lodge's regular Columbus Day celebration October 8,
1983) as follows;
QUEEN REGINA ROSSI
PRINCESS JENNIFER BROGAN
PRINCESS GINA BARRESI
October 10, 1983
-10-
Item II-F
CONSENT AGENDA ITEM # 20738
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED, in ONE MOTION, Items 2, 3, 4, 5, 6, 7, 8, 9, 10 and
11 of the CONSENT AGENDA. Item 1 was voted upon separately.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
Item II-F.1
CONSENT AGENDA ITEM # 20739
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing certain events conducted on
City property to be exempt from the prohibition from working or trans-
acting business on Sunday.
Voting: 10-1
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
October 10, 1983
-lla-
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE EXEMPT FROM THE PROHIBITION
FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950) as
amended, requires the City Council of the City of Virginia Beach
to designate on a case-by-case basis the events which are exempt
from working or transacting business on Sundays; and
WHEREAS, the following City property has been
designated by the Council of the City of Virginia Beach for the
following dates, as the site for the following events:
Date City Property Event
November 5, 1983 Dome Antique Flea Market
December 17, 1983 Dome Antique Estate Auction
January 29, 1984 Pavilion Gun Show
April 1, 1984 Dome Standard Flower Show
June 3, 1984 Pavilion Gun & Knife Show
July 1, 1984 Pavilion Antique Plea Market
July 15, 1984 Pavilion Beta Sigma Phi Crafts
Show
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the above-mentioned events are exempt from the
prohibition of working or transacting business on Sunday as
provided by general law. That the City Clerk is directed to
forward a certified copy of this ordinance to the Commonwealth
Attorney.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, on the 10th day of October , 198 3.
APPROVED AS TO CONTENT
JDB/ER/da
1 0/4/8 3
F @:T
-12-
Item II-F.2
CONSENT AGENDA TTEM # 20740
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an ordinance, an SECOND READTNG, to appropriate
$2,000,000 of State contribution to the Virginia Museum of Marine
Science.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-12a-
AN ORDINANCE TO APPROPRIATE $2,000,000
OF STATE CONTRIBUTION TO THE
VIRGINIA MUSELJM OF MARINE SCIENCE
WHEREAS, City Council desires to continue the effort to construct a
museum of marine science in Virginia Beach, and
WHEREAS, Council recently awarded the low bid of SR International in
the amount of $4,678,000 for the marine science museum project and authorized the
City Manager to enter into the necessary agreements for implementatton of this
project, and
WHEREAS, the Virginia General Aasembly recently approved a $2,000,000
allocation for the museum contingent upon a fund balance existing on June 30,
1984,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds of $2,000,000 be appropriated to the Virginia Museum of Marine
Science capital project to be offset by a like amount in estimated revenue from
the Commonwealth.
First Reading: October 3, 1983
Second Reading: October 10, 1983
Approved by the Council of the City of Virginia Beach on the -10th day
of October 1983.
L-1-ORD9
October 10, 1983
-13-
Item II-F.3
CONSENT AGENDA ITEM # 20741
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an ordinance, on SECOND READING, to accept and appro-
priate funds from the Southeastern Virginia Areawide Model Program
(SEVAMP).
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, II1, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-13a-
AN ORDINANCE TO AND APPROPRIATE
FROM THE @IN3:A
E PROGRAM (SEVAM)
the Departrrent of Mental Health and Mental Retardation
(M/MR) has det@ed a need to pravide teffporary abstitute care for elderly
i.ndivi@s vbile their faniily s are absent, and
, the City has entered into an agreemnt with SEVAMP for
funding of the abave mentioned services for FY 83, and
, SEVAMP has awarded the De t of mental Health and
Mental Retardaticn an additicnal $2,000, and
, there remins $1,985 fr(xn the initial grant a%urd for funding
the Respite Care program thr@h 9/30/83 %hich needs to be reappropriated due
to the City's fiscal year close-cut.
NOW, RE, BE IT 0 BY THE COUNCIL CF THE CrrY OF VIRGINIA
BFACH, @INIA:
That the City @ger is hereby authorized and directed to accept the
auerd and enter into the necessary cmtractual ag ts for the city, and that
funds are hereby appropriated in the amomt of $3,985 including $1,985 fram the
General Fund Balance to the Departnient of Mental Health and Mental Retardaticn
for the Respite Care Program.
BE IT FURTHER 0 that the additioml grant award be financed by
an increase of $2,000 in estumted revenue frcrn SEVAM.
PUBLIC HEAR3NG: October 3, 1983
FIF<ST READING: October 3, 1983
SBCCND RFADIM: October 10, 1983
Adopted by the Counci-1 of the City of Vixginia Beach on the 10th day
of October 1983.
October 10, 1983
-14-
Item 11-F.4
CONSENT AGENDA ITEM # 20742
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to accept a grant
of $5,200 from the Virginia Fire Commission for equipment for the
Fire Training Center.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-14a-
AN ORDINANCE TO ACCEPT A GRANT
OF $5,200 FROM THE VIRGINIA FIRE
COMMISSION FOR EQUIPMENT FOR THE
FIRE TRAINING CENTER
WHEREAS, the Commonwealth of Virginia through the
Virginia Fire Commis,sion makes available funds to
localities to provide training for fire fighters, and
WHEREAS, the City of Virginia Beach has been
notified that a grant of $5,200 has been awarded for the
purchase of training aids and other equipment for the
Fire Training Center, and
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACII that the City Manager is hcreby
authorized to accept the grant for the City, and funds of
$5,200 are hereby appropriated to the Department of Fire
to purchase training aids in accordance with the grant
award agreement from the Virginia Fire Commission.
BE IT FURTHER ORDAINED that the appropriation be
financed by $5,200 estimated revenue from the State of
Virginia.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
on the 10th day of October 1983.
PUBLIC HEARING: October 3, 1983
FIRST READING: October 3. 1983
SECOND READING: n't@h,, ln-
-15-
Item 11 F.5
CONSENT AGENDA ITEM # 20743
Upon motion by Councilman Baum, seconded by Councilman McCoy@ City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds
of $932 to the FY84 Glean Community Operating Budget.
Voting: 11-0
Council Members Voting Aye:
John A. BaLun, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-15a-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $932 TO THE FY84
CLEAN COMMUNITY OPERATING BUDGET
WHEREAS, the City anticipated in the FY84 Operating
Budget a grant award of $17,905 from the state for
litter control, and
WHEREAS, the Department of General Services has been
informed by the State Department of Conservation and
Economic Development that the grant award for litter
control to the city for FY84 totals $18,837 or $932 more
than originally estimated, and
WHEREAS, state regulations governing the use of the
grant award indicate that the funds cannot be used to
replace local funds currently budgeted, and
WHEREAS, the Clean Conununity bureau desires to utilize
the additional funds to restock the supply of litter signs.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $932 are hereby appropriated
to the Clean Community Operating Budget for needed signs and
supplies.
BE IT FURTHER ORDAINED that the additional appropriation
be financed by an increase of $932 in estimated revenue
from the Commonwealth.
This ordinance shall be in effective from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach
on the 10th day of October 1983.
PUBLIC HEARING: October 3, 1983
FIRST READING: October 3, 1983
SECOND READING: October 10, 1983
.4
AiZ I!,@
-16-
Item 11-F.6
CONSENT AGENDA ITEM # 20744
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to accept and appro-
priate a Federal grant of $15,000 from the Division of Motor Vehicles
for a regional DUI Task Force.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-16a-
AN ORDINANCE TO ACCEPT A FEDERAL GRANT
OF $15,000 FROM THE DIVISION OF MXDR
VEIiICLES FOR A @ICNAL DUI TASK MFCE
AND TO APPROP THESE FUNDS
the Virgin-ia Divisicn of Motor Vehicles is desirous
of establishing a Regional Task Force on Drunk Driving in Southeastern Vi@inia
which wwld prcmte public auereness of the DUI prcblem, and
, the Southeastern Virginia Planning District C=dssicn has
requested the City of Virginia Beach to act as fiscal agent so that this grant
nay be mplemented, and
, the grant is for $15,000 and requires no local cash natch-
NOW, IRE, BE rr BY THE CMWIL OF THE CITY OF @INIA
BEACH that the City Mwoger is hereby authorizecl to accept the grant for the City
and funds are hereby appropriated for the follc)wing ses-
Regional Task Foire on Drunk Driving
Estimated revenue frcin the Federal Governnient - $15,000
Local Match - $0
Total Appropriation - $15,000
BE IT FURTHER 0 that the appropriaticn be f@ced by $15,000
estimated revenue frcin the federal gov t.
This ordinance shall be effective fran the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
10th daY Of October -, 1983.
PUBLIC October 3, 1983
October 3, 1983
FIRST WMING:
SECCND READIM: October 10, 1983
APriZOVED A@,
October 10, 1983
-17-
Item II-F.7
CONSENT AGENDA ITEM # 20745
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance, on SECOND READING, to accept and appro-
priate a Federal grant of $150,000 toward the development of Woodstock
Park.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-17a-
AN ORDINANCE TO ACCEPT A FEDERAL
GRANT OF $150,000 TOWARDS THE
DEVELOPMENT OF WOODSTOCK PARK AND
TO APPROPAIATE THESE FUNDS
WHEREAS, City Council on February 7, 1983 authorized
the City Manager to apply for federal funding for the devc@lopm(@nt,
of Woodstock Park, and
WHEREAS, federal funds of $150,000 have been awarded
for this project by the National Park Service of the 11. S.
Department of the Interior, and
WHEREAS, the grant award requires a local match of
$150,000 which has previously been provided by City Council
in the FY 83 Revenue Sharing al.location.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby
authorized to accept the grant for the city and funds of
$150,000 are hereby appropriated to the Parks and Recreation
Capital Projects fund for the development of Woodstoek ]3ark.
Be it further ordained that the appropriation be financed
by $150,000 Estimated Revenue from the federal government.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 10th day of October 19 83
Public Hearing: October 3, 1983
First Reading: Oct,)ber 3, 1983
Second REading: October 10, 1983
'T
... 411?4-
Item II-F.8
CONSENT AGENDA ITEM # 20746
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to authorize acquisition of property in
Fee Simple for right-of-way for Lynnhaven Parkway, Phase VI, from
Princess Anne Road to Holland Road, and the acquisition of temporary
and permanent easements of right-of-way, either by agreement or by
condemnation.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
None
October 10, 1983
-18a-
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR LYNNHAVEN PARKWAY
PHASE VI FROM PRINCESS ANNE ROAD TO HOLLAND ROAD AND THE
ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT
OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acq6ire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section
33.1-89 et seq., Code of Virginia of 1950, as amended, all that
certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans
entitled, Lynnhaven Parkway Phase VI C.I.P. No. 2-933 these plans
being on file in the Office of Real Estate Department of Public
Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10th day of October 19 83.
JAR/re
9/28/83
(9)
fy
-19-
Item II-F.9
CONSENT AGENDA ITEM # 20747
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing the City Manager to execute
a Deed of Vacation and Quitclaim vacating a portion of a 20-foot
drainage easement across property of bg Construction Corporation.
Voting: 11-0
Council Members Voting Aye:
John A. BaLun, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-19a-
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO EXECUTE A
DEED OF VACATION AND QUITCLAIM
VACATING A PORTION OF A 201
DRAINAGE EASEMENT ACROSS PROPERTY
OF bg CONSTRUCTION CORPORATION
WHEREAS, bg Construction Corporation is the fee simple owner
of that certain parcel of property designated as Lot 3 on that
certain plat entitled "AMENDED PLAT OF: LOT 3, BLOCK J GREAT
NECK MEADOWS, SECT. 3, PART 1-A (M.B. 157; PG. 53) LYNNHAVEN
BOROUGH VIRGINIA BCH. VA. SCALE: 1" = 40' DATED: 11/5/82
FOR: B.G. CONST. CORP.," prepared by George F. Sutton, Land
Surveyor (hereinafter the "Property"). A copy of said plat is
attached hereto and made a part hereof as Exhibit A; and
WHEREAS, by plat dated June 30, 1982, and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 157, at Page 53, Structures of Virginia,
Inc. (predecessor in title to bg Construction Corporation) dedicated
to the City of Virginia Beach a 201 drainage easement across the
Property; and
WHEREAS, bg Construction Corporation has requested that the
City vacate the southernmost eight feet of the aforesaid 201
drainage easement, which is shown and described on the attached
Exhibit A as "81 OF EXIST. 201 DRAIN. EASMIT. HEREBY VACATED"
(hereinafter "Easement To Be Vacated"); and
WHEREAS, it has been determined by the Department of Public
Works that the Easement To Be Vacated is in excess of the needs
of the City of Virginia Beach,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Easement To Be Vacated is in excess of the needs
of the City of Virginia Beach and is hereby vacated; and
-19b-
That the City Manager is hereby authorized to execute a Deed
of Vacation and Quitclaim between the City of Virginia Beach and
bg Construction Corporation, releasing the City's interest in
the Easement To Be Vacated, a copy of which is attached hereto
and made a part hereof as Exhibit B.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 10 day of O,t,h@r 1983.
ci
9 / 28 / 8 3
(B)
October 10, 1983
-20-
Item IT-F.10
CONSENT AGENDA ITEM # 20748
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance appointing Viewers in the petition of
Arthur S. Kreger, Shirley K. Levin, Ruth S. Kreger, Parker-Sparks,
Inc., and Roger W. Miller for the closure of a portion of an alley
20 feet by 150 feet in Block 105, on Plat entitled "Map of Linkhorn
Park" (Virginia Beach Borough).
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-20a-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Arthur S. Kreger, Shirley K. Levin, Ruth
S. Kreger, Parker-Sparks, Inc., and Roger W. Miller have
given due and proper notice in accord with law that it
would, on the - 10th day of October , 1983, apply to
the City Council of the City of Virginia Beach, Virginia,
for the appointment of viewers to view the below-described
portion of an alley 20' x 150' in Virginia Beach Borough, in
the City of Virginia Beach, Virginia, and to report in
writing to this Council whether, in the opinion of said
viewers any, and if any what, inconvenience would result
from the discontinuance, closure and abandonment of said
portion of an alley 20' x 150'; and
WHEREAS, such application has been properly filed
with this Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia, that
and be
and each of them is hereby appointed to view that certain
portion of an alley 201 x 1501, adjacent to Lots 1, 2, 3,
11, 12 and 13, in Block 105, as shown on the plat of "Map of
Linkhorn Park" which is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach in Map Book
5, page 151, and said viewers shall report in writing to
this Council on or before , 1983, at
2:00 p.m., whether in their opinion any, and if any what,
inconvenience would result to the public from the
discontinuance, vacation and abandonment of said portion of
an alley 201 x 1501.
GROVER C. WRIGHT. JR.
October 10, 1983
-20b-
IN THE MATTER OF THE APPLICATION OF
ARTHUR S. KREGER, SHIRLEY K. LEVIN,
RUTH S. KREGER, PARKER-SPARKS, INC.,
AND ROGER W. MILLER FOR THE CLOSURE,
VACATION AND DISCONTINUANCE OF A PORTION
OF AN ALLEY 20' x 1501 IN BLOCK 105, ON
PLAT ENTITLED "MAP OF LINKHORN PARK" IN
VIRGINIA BEACH BOROUGH
PETITION
TO: The City Council of the
City of Virginia Beach,
Virginia Beach, Virginia
Your petitioner, the applicants, Arthur s. Kreger,
Shirley K. Levin and Ruth S. Kreger, who own Lots 1, 2 and
3, Parker-Sparks, Inc., who owns Lot 11 and the eastern one-
half of Lot 12, and Roger W. Miller, who owns Lot 13 and the
western one-half of Lot 12, all in Block 105, as shown on
Map of Linkhorn Park, in Virginia Beach Borough, Virginia
Beach, virginia, hereby apply for the vacation, closing and
discontinuance of that portion of an alley 201 x 1501
adjacent to Lots 1, 2, 3, 11, 12 and 13, in Block 105, shown
on the aforesaid plat which is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 5, page 151.
Your petitioners and applicants allege that no
inconvenience will result to the public by reason of said
closure and asks that Council appoint viewers as provided by
law to view the said portion of an alley 20' x 150' sought
to be closed and report in writing to the Council as to
whether in the opinion of the viewers what inconvenience, if
any, would result from the discontinuance and closure as
herein sought, at which time the petitioner will ask for
passage of an ordinance vacating that portion of an alley
201 x 1501 sought to be closed herein.
On September 27 1983, and on October 4
1983, notice of intention to apply for such vacation to the
Council was published as required by law in the VIRGINIAN-
GROVER C. WRIGHT, JR.
October 10, 1983
-20c-
PILOT, a newspaper published or generally circulated in
Virginia Beach, Virginia.
Respectfully submitted,
-RUth S. Kre'ger 0
PARKER-SPA INC.
Jr-. ent
ler
c W-right q.
ffice Box
ia Beach, 8
October 10, 1983
-20d-
GROVER C. WRIGHT, JR.
ATTORNEY AND COUNSELIIOR AT L.AW. P.C.
E@@H T.WRR HUMD..G
VIRGINIA BEACH, VIRGINIA 23458
-.T BOX
July 28, 1983 A.Z. CODE ... .. $-.7.1
CERTIFICATE OF VESTING OF TITLE
I, Grover C. Wright, Jr., Attorney, do hereby
certify that:
1. I am an attorney at law and represent Arthur
S. Kreger, Shirley K. Levin, Ruth S. Kreger, Parker-Sparks,
Inc., and Roger W. Miller, the petitioners.
2. If the property described below is
discontinued, closed and vacated by the Council of the City
of Virginia Beach, Virginia, then title to said property
will vest in Arthur S. Kreger, Shirley K. Levin, Ruth S.
Kreger, Parker-Sparks, Inc., and Roger W. Miller, the
adjacent landowners.
The said property referred to herein is hereby
described as follows:
All that certain piece or parcel of land
situate, lying and being in the City of
Virginia Beach, State of Virginia, designated
as that portion of a 201 alley or lane in
Block 105 on that certain plat entitled "Map
of Linkhorn Park, Property of Virginia Beach
Development Company and Adjacent Properties,"
which plat is recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach! Virginia, in Map Book 5, at page 151,
fronting 201 on the western side of Arctic
Avenue and running back between parallel
lines 150'; its northern line being the
southern line of Lots 11, 12 and 13 in
Block 105; and its southern line being the
northern line of Lots 1, 2 and 3 in said
Block 105.
Wrigh@,
October 10, 1983
- 21-
Item 11-F.11
CONSENT AGENDA ITEM # 20749
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$298.08 upon application of certain persons and upon certification of
the Treasurer for payment.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
NO. C.A. 7 -2la- 9/30/83 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Allan W Miles 82 pp 149440-2 12/5/82 121.62
Seaboard Associates 83 RE(1/2)73112-2 12/1/82 17.64
Marjorie & Alvin Walter 83 pp 148888-3 8/31/83 158.82
Total 298.08
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Cert!
were approved tyy
the Council of the City of Virginia
Beach on the i p day of 1983
John
Approved as to foim:
Ruth Hodges Smith
City Clerk
-22-
Item II-G.1
PLANEING - AMENDMENT ITEK # 20750
Fred Soles represented himself.
Opposing were Ray LeSesne, representing himself, and Michael Lagiglia,
representing Old Beach Civic Association.
A motion was made by Councilman Kitchin and seconded by Councilman Baum
to deny an Ordinance amending an Ordinance upon application of Mr. and
Mrs. Allen M. Holmes, Fred and Elizabeth Soles, George B. and Edith K.
Shields, and Michael Wilcox for a Change of Zoriing from R-7 to A-3
(modified from A-4). Council had approved this Change of Zoning on
March 14, 1983.
Upc)n SUBSTITUTE MOT10N by Councilman McCoy, seconded by Councilman Robert
Jones, City Council ADOPTED the Ordinance stated below which restricted
the number of dwelling units and decreased the size of the building lot.
ORDINANCE AMENDING AN ORDINANCE UPON APPLICATION OF Z0383707
MR. AND MRS. ALLEN M. HOLMES, FRED AND ELIZABETH SOLES, AMENDED
GEORGE B. AND EDITH K. SHIELDS, AND MICHAEL WILCOX
FOR A C@GE OF ZONING DISTRICT CLASSIFICATION FROM
R-7 RESIDENTIAL DISTRICT TO A-3 APARTMENT DTSTRICT
STRAIGHT CATEGORY (MODIFIED FROM A-4 APARTMENT DISTRICT)
Voting: 6-5
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Robert C. Jones, Reba S. McClanan and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, Mayor Louis Jones,
W. H. Kitchin, III, Meyera E. Oberndorf
Council Members Absent:
None
October 10, 1983
-22a-
AN ORDINANCE AMENDING AN ORDINANCE
UPON APPLICATION OF MR. AND MRS.
ALLEN M. HOLMES, FRED AND ELIZABETH
SOLES, GEORGE B. AND EDITH K. SHIELDS,
AND MICHAEL WILCOX FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM
R-7 RESIDENTIAL DISTRICT TO A-3
APARTMENT DISTRICT STRAIGHT CATEGORY
(MODIFIED FROM A-4 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Mr. and Mrs. Allen M.
Holmes, Fred and Elizabeth Soles, George B. and Edith K. Shields,
and Michael Wilcox for a Change of Zonin4 District Classification
from R-7 Residential District to A-3 Apartment District Straight
Category (modified from A-4 Apartment District) on property located
on the Southeast corner of 24th Street and Mediterranean Avenue on
Lots 18, 20, 22, 24, 26, 28, 30, and 32, Block 58, Map No. 6, Part
of Property of Virginia Beach Development Co. Said parcel contains
32,500 square feet. VIRGINIA BEACH BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
Prior to the changing of the official zoning map, the
following condition will be met:
1. The zoning map shall not be changed with respect to
any portion of the property which has not been resubdivided so as to
meet the minimum lot area requirements for the A-3 Apartment
District.
The Planning Commission also required the following
condition:
1. Modified to A-3 Apartment District. restr+eted
STRA*GHT-eategary-for-sinteen-eighteen-unitaT
This Ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virgin
A@ 0 ('4@!
V@'T L
Virginia, this 10 day of October , 1983. -z@ la
Alt
10/t)Al Dlnfji,,,i; i i r
AP RM
-23-
Item 11-H.1
PLANNING ITEM 20751
Attorney Morris H. Fine represented the applicant.
Joseph J. Basgier, Consulting Engineer for the applicant, spoke from the
audience.
Opposition: Ray LeSesne
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council DEFERRED for two weeks (October 24, 1983) an Ordinance closing,
vacating, and discontinuing a portion of Cleveland Street in the petition
of RUNNYMEDE CORPORATION. The purpose of the deferral was to (1) obtain
recommendations from the Viewers and (2) obtain a response from the Staff
regarding the possibility of having Greenwich Road as the East/West artery
between Newtowfi Road and Witchduck Road in lieu of Cleveland Street.
Ordinance upon application of Runnymede Corporation
for the discontinuance, closure and abandonment of
a portion of Cleveland Street beginning at the
southwest intersection with Clearfield Avenue, running
a distance of 965.14 feet along the southern pro-
perty line, running a distance of 66.65 feet along
the westerti property line, running a distance of
1038.41 feet along the northern property line and
running a distance of 60 feet along the eastern
property line. Said parcel contains 1.36 acres.
BAYSIDE BOROUGH.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None October 10, 1983
-24-
Item II-H.2
PLANNING ITEM 20752
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council DEFERRED, for 30 days (November 14, 1983), FINAL CLOSURE
of a portion of Lynn Shores Drive in the petition of THOMAS C. and
IRMA C. HARTY and THOMAS M. and RITA K. VOJTEK, in order that conditions
might be met.
Ordinance upon application of Thomas G. and Irma C.
Harty and Thomas M. and Rita K. Vojtek for the
discontinuance, closure and abandonment of a portion
of Lynn Shores Drive beginning at the southwest
intersection of Lynn Shores Drive and Rumford Lane,
running a distance of 161.34 feet along the west side
of Lynn Shores Drive running a distance of 35 feet
more or less along t@e southern property line, running
a distance 208 feet more or less along the western
property line and running a distance of 20.87 feet
more or less along the south side of Rumford Lane.
Sai.d parcel contains 6,093 square feet. BAYSIDE
BOROUGH.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-25-
Item II-H.3
PLANNING ITIN 20753
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council APPROVED, subject to F"na'@ Approval @In 1-00 days, an
Ordinance closing, vacating and discontinuing a portion of Goose
Landing in the petition of HUDGINS AND ASSOCIATES, subject to deletion
of the parenthetical expression under Condition #1@
AND,
APPROVED, subject to Final Approval in 180 days, an Ordinance
closing, vacating and discontinuing a portion of a 30-foot
unimproved right-of-way located 550 feet south of Norfolk Avenue and
Marshview Drive in the petition of HUDGINS AND ASSOCIATES.
Ordinance upon application c,f Hudgins and Associates
for the discontinuance, closure and abandonment of
a portion of Goose Landing beginning at a point
1,290 feet more or less from the intersection of Goose
Landing and Huntsman Drive, running a distance of
368.92 feet in a northwesterly direction along the
southern boundary line, running a distance of 59.69
feet in a northeasterly direction along tbe western
boundary line, running a distance of 336.22 feet in
a southeasterly direction along the northern boundary
line, and running a distance of 50 feet in a southerly
direction along the eastern boundary line. Said
parcel contains 19,415 square feet. LYNNHAVEN BOROUGH.
Approval was subject to the following:
1. Resubdivision of the property to incorporate the closed
area into adjoining parcels, as well as to avoid the
creation of nonconforming lots and to insure that all
lots have access to a public street.
2. The closure of this right-of-way shall be contingent
upon compliance with the above-stated condition within
180 days of the approval by City Council.
A N D,
October 10, 1983
-25a-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET KNOWN AS GOOSE LANDING FORMERLY KNOWN AS
EIGHTH STREET, LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED,
"PLAN OF PROPERTY PROPOSED STREET CLOSURE STREET LYING SOUTH OF
BLOCK 18 SALT MARSH POINT", WHICH PLAT IS RECORDED IN THE CLERK'S
OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN MAP BOOK _, AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has
been given by Hudgins and Associates, a Virginia corporation,
that it would make application to the Council of the City of
Virginia Beach, Virginia, on October 1 1983, to have the
hereinafter described street discontinued, closed and vacated;
and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed and vacated:
ALL THAT certain part or portion of Goose Landing,
formerly known as Eighth Street, situate in the
City of Virginia Beach, Virginia, and more
particularly described as follows: Beginning at
the southwestern corner of Lot A as shown on that
certain plat entitled "Resubdivision of Lots 1
thru 19 and 40 thru 52, Block 18, Lakeview" which
said plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 142, at page 37; from
said point of beginning S 561 081 1711 W 59.69 feet
to a point; thence along the southerly side of
Goose Landing S 67' 021 45" E 368.92 feet to a
point; thence N 221 571 15" E 50 feet to a point;
thence N 67' 021 45" W 336.22 feet to the point or
place of beginning. Said area to be closed more
particularly shown on that certain survey entitled
"Plan of Property Proposed Street Closure Street
Lying South of Block 18 Salt Marsh Point".
October 10, 1983
-25b-
Said parcels of land being a portion of Goose Landing formerly
known as Eighth Street as indicated on that certain plat of
property entitled "Plan of Property Proposed Street Closure Stret
Lying South of Block 18 Salt Marsh Point", which plat is recorded
in the Clerk's office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book at page and
which is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
- 2 - October 10, 1983
-25c-
IB.nx-Tic.n IE3. bdilT-S
ATTORNEY AND COUNSELLOR AT LAW
...... .CA.. .0.1.@A..
VIRGINIA OFACH, VIRGINI^ 23452
T.L.@.O.. 340-0500
CERTIFICATE OF VESTING OF TITLE
July 11, 1983
The Honorable City Council
city of virginia Beach
Municipal Center
virginia Beach, Virginia 23456
Dear Members of City Council:
I, Bruce B. Mills, attorney for Hudgins and Associates, Inc.
do hereby certify that:
1. I am an attorney at law and represent Hudgins and
Associates, Inc., the petitioner.
2. If the Property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in Hudgins and
Associates, Inc., Jack J. Osmond and Marc-Lyn Associates, the
adjacent landowners.
SEE EXHIBIT A ATTACHED HERETO
ly
Bruce B. Mills
October 10, 1983
-25d-
EXHIBIT A
ALL THAT certain part or portion of Goose Landing,
formerly known as Eighth Street, situate in the
City of Virginia Beach, Virginia, and more
particularly described as follows: Beginning at
the southwestern corner of Lot A as shown on that
certain plat entitled 'Resubdivision of Lots I
thru 19 and 40 thru 52, Block 18, Lakeview" which
said plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 142, at page 37; from
said point of beginning S 560 081 17" W 59.69 feet
to a point; thence along the southerly side of
Goose Landing S 67* 02' 45" E 368.92 feet to a
point; thence N 220 57' 15' E 50 feet to a point;
thence N 67* 021 45' W 336.22 feet to the point or
place of beginning. Said area to be closed more
particularly shown on that certain survey entitled
"Plan of Property Proposed Street Closure Street
Lying South of Block 18 Salt Marsh Point".
October 10, 1983
-26-
Item II-H.3
PLANNING ITE14 # 20753 (continued)
Ordinance upon application of Hudgins and Associates
for the discontinuance, closure and abandorunent of
a portion of an unnamed a@ld uaimproved 30-foot
street as shown on the plat of Colonel L. D. Starke@
Farm, beginning at a point 550 feet more or less
south of the intersection of Norfolk Avenue and the
east side of Marshview Drive, running a distance of
850.52 feet in a southeasterly direction continuing
for a distance of 333.88 feet in an easterly direction
for a total of 1,184.04 feet along the northern
boundary line, running a distance of 44.04 feet in a
southeasterly direction along the eastern boundary
line, running a distance of 375.61 feet in a westerly
direction and continuing a distance of 860 feet in a
northwesterly direction for a total ()f 2,420.01
feet along the southern boundary line, running a
distance of 30 feet in a northeasterly direction along
the western boundary line. Said parcel contains
38,681 square feet. LYNNHAVEN BOROUGH.
Approval was subject to the following:
1. Resubdivision of the property to incorporate the closed
area into adjoining parcels, as well as to avoid the
creation of nonconforming lots and to insure that all lots
have access to a public street.
2. The closure of this right-of-way shall be contingent upon
compliance with the above-stated condition within 180 days
of the approval by City Council.
Voting: 10-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S. October 10, 1983
-26-a-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET KNOWN AS AN UNNAMED 30 FOOT STREET,
LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PLAN OF
PROPERTY FOR STREET CLOSURE BEING A PORTION OF AN UNNAMED AND
UNIMPROVED 30' STREET AS SHOWN ON PLAT OF COL. D. L. STARKED
FARM ", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP
BOOK , AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has
been given by Budgins and Associates, a virginia corporation,
that it would make application to the Council of the City of
Virginia Beach, Virginia, on October 1 1983, to have the
hereinafter described street discontinued, closed and vacated;
and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued,
closed and vacated:
ALL THAT certain part or portion of an unnamed 30 foot
right-of-way located in the City of Virginia Beach,
Virginia, and being shown on that certain plat entitled
"Col. L. D. Starke's Farm" which said plat is duly
recorded in the Clerk's Office of the Circuit Court of
the City of virginia Beach, Virginia, in Map Book 10 at
page 15, and said portion of said unnamed 30 foot
street is more particularly described as follows:
Beginning at a point on the southeasterly side of
Marshview Drive where the southeasterly right-of-way
line of Marshview Drive is intersected by the south-
westerly lot line of Lot 6 as shown on the said plat of
the L. D. Starke Farm recorded in Map Book 10 at page
15, and from said point of beginning thence S 40* 56'
21" E 850.52 feet to a point; thence S 76* 03' 21" E
333.88 feet to a point; thence S 33* 06' 54" E 44.04
feet to a point; thence N 76@ 03' 21" W 375.61 feet to
a point; thence N 40@ 561 21" W 860.00 feet to a point
on the southeasterly side of Marshview Drive, thence
along the southeasterly side of Marshview Drive N 49@
041 28" E 30.00 feet to the point or place of
beginning; said area to be closed being shown on
-26b-
that certain survey entitled "Plan of Property for
Street Closure Being a Portion of an Unnamed and
Unimproved 301 Street as shown on Plat of Col. L.
D. Starke's Farm."
said parcels of land being a portion of an unnamed 30 foot street
as indicated on that certain plat of property entitled "Plan of
Property For Street Closure Being A Portion Of An Unnamed And
Unimproved 301 Street As Shown On Plat Of Col. L. D. Starkes
Farm", which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book _, at page _, and which is made a part hereof by
reference.
SECTION II
A certified copy of this ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
2 October 10, 1983
-26c-
]B IF? T-TC- ]E IE3 .MI@@S
ATTORNEY AND COUNSELLOR AT LAW
VJRGINIA OFACH, VIRGINIA 23452
T.L.I..Nl 340-0500
CERTIFICATE OF VESTING OF TITLE
July 11, 1983
The Honorable City Council
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Dear Members of City Council:
I, Bruce B. Mills, attorney for Hudgins and Associates, Inc.
do hereby certify that:
1. I am an attorney at law and represent Hudgins and
Associates, Inc., the petitioner.
2. If the Property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in the adjacent
landowners.
SEE EXHIBIT A ATTACHED HERETO
Yours very truly,
Bruce B. Mills
October 10, 1983
-26d-
EXHIBIT A
ALL TIIAT certain part or portion of an unnamed 30
foot right-of-way located in the City of Virginia
Beach, Virginia, and being shown on that certain
plat entitled "Col. L. D. Starke's Fam" which
said plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 10 at page 15, and
said portion of said unnamed 30 foot street is
more particularly described as follows; Beginning
at a point on the southeasterly side of Marshview
Drive where the southeasterly right-of-way line of
Marshview Drive is intersected by the south-
westerly lot line of Lot 6 as shown on the said
plat of the L. D. Starke Farm recorded in Map Book
10 at page 15, and from said point of beginning
thence S 40' 561 2111 E 850.52 feet to a point;
thence S 76* 031 211 E 333.88 feet to a point;
thence S 3 3 1061 54" E 44.04 feet to a point;
thence N 761 031 2111 W 375.61 feet to a point;
thence N 40* 561 21" W 860.00 feet to a point on
the southeasterly side of Marshview Drive; thence
along the southeasterly side of marshview Drive N
491 041 28' E 30.00 feet to the point or place of
beginning; said area to be closed being shown on
that certain survey entitled "Plan of Property for
Street Closure Being a Portion of an Unnamed and
Unimproved 301 Street as shown on Plat of Col. L.
D. Starke's Farm."
October 10, 1983
-27-
Item II-H.4
PLANNING ITEM 20754
Attorney Bruce Murphy represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council APPROVED the application of NEWSOME FARMS ASSOCIATES
for a Variance to Section 4.4(b) of the Subdivision Ordinance which
requires that lot dimensions conform to the Comprehensive Zoning
Ordinance per the following:
Appeal from decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Newsome Farms Associates.
Property located on the northwest corner of Connie
Lane and Lawrence Drive. Plats with more detailed
information are available in the Department of Planning.
BAYSIDE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitdhin, III, and
Meyera E. Oberndorf
Council Members Absent:
None
October 10, 1983
- 28-
Item II-H.5
PLANNING ITEM 20755
Charles Ansell, Architect, represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of PREMIER MILLWORK
AND LUMBER COMPANY, TNC. for a Change of Zoning from B-2 to A-2
(Modified from A-3), with the condition that density will not exceed
18 units per acre.
ORDTNANCE UPON APPLICATION OF PREMIER MILLWORK
AND LUMBER COMPANY, INC. FOR A CHANGE OF ZONTNG
FROM B-2 TO A-2 (MODIFIED FROM A-3) zoIO83754
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA:
ordinance upon application of Premier Millwark
and Lumber Company, Inc. for a Change of Zoning
District Classification from B-2 Community-Business
District to A-2 Apartment District (Modified from
A-3) on certain property located on the west side
of North Birdneck Road beginning at a point 175 feet
north of Waterfront Drive, running a distance of
148.58 feet along the west side of North Birdneck
Road, running a distance of 276.33 feet along the
northern property line, running a distance of 313.83
feet along the western property line, running a
distance of 99 feet along the north side of Waterfront
Drive, running a distance of 185 feet in a northerly
direction and running a distance of 175.23 feet in
an easterly direction. Said parcel contains 1.24
acres. LYNNHAVEN BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. On-site retention of storm water with further development of
this parcel.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of October, Nineteen Hundred, Eighty-Three.
Voting: 10-1
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,
Robert C. Jones, W. H. Kitchin, Ill, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
October 10, 1983
-29-
Item II-H-6
PLANNING ITEM 20755
Attorney Grover Wright represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council ADOPTED an ordinance upon application of PAULA L. COLLINS
for a Change of Zoning from B-2 to A-2 per the following:
ORDINANCE UPON APPLICATION OF PAULA L. COLLINS
FOR A CHANGE OF ZONING FROM B-2 TO A-2 Z01083755
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Paul L. Collins for a
Change ion from B-2
Community-Business District to A-2 ent Dis-
trict on certain property located on the northeast
corner of Ash Avenue and Southern Boulevard, running
a distance of 850 feet more or less in an easterly
direction along the southern boundary line which borders
the northern side of Southern Boulevard, running a
distance of 600 feet more or less along the eastern
boundary line, running a distance of 170 feet more or
less in a westerly direction, continuing a distance of
130 feet more or less in a southerly direction,
continuing for a distance of 470 feet more or less in
a northwesterly direction, running a distance of
50 feet more or less in a southerly direction and
continuing for a distance of 240 feet more or less
in a westerly direction for a total of 1,060 feet
more or less along the northern boundary line, run-
ning a distance of 600 feet more or less along the
western boundary line which is the east side of Ash
Avenue. The said parcel contains approximately 11
acres more or less. KMAPSVILLE 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
insure that all lots have access to a public street.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of October, Nineteen Hundred, Eighty-Three.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None October 10, 1983
-30-
Item II-H.7
PLANNING ITEM 20757
John Slidell represented the applicant.
opposition (letters are hereby made a part of the record):
Mr. and Mrs. Romeo N. Bodraig
Pat Burns, 4178 Woodlake Court
Roberta J. Knox, 4168 Mill Stream Road, Windsor Oaks West
Mr. and Mrs. M. G. Porter, 4113 Windsor Gate Place
JoAnna W. Ribble
Upon motion by CouncrLIman McCoy, seconded by Councilwoman Oberndorf,
City Council ADOPTED applications of OXFORD DEVELOPMENT ENTERPRISES,
INC. for a Change of Zoning from B-2 to A-2; AND, from A-1 to A-2
per the following:
ORDTNANCE UPON APPLICATION OF OXFORD DEVELOPMENT
ENTERPRISES, INC. FOR A CHANGE OF ZONING FROM B-2 TO
A-2 Z01083756
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA:
Ordinance upon application of Oxford Development
Enterprises, Inc. for a Change of Zo i@ng District
Classification from B-2 Community-Business District
to A-2 Apartment District on certain property located
on Lots 30, 31, 32, 33 and 34, Block 8, Plat of
Midway. Said parcels are located between First and
Second Streets, west of Thalia Trace Drive and contain
15,681.6 square feet. KEMPSVILLE BOROUGH.
Prior to the change on the official zoning map, the following condition
will be met:
1. Resubdivision of the property and vacation of the existing
lot lines to avoid the creation of nonconforming lots and
to insure that all lots have access to a public street.
A N D,
ORDINANCE UPON APPLICATION OF OXFORD DEVELOPMENT
ENTERPRISES, INC. FOR A CIIANGE OF ZONING FROM A-1
TO A-2 Z01083757
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Oxford Development
Enterprises, Inc. for a Change of Zoning District
Classification from A-1 Apartment District to A-2
Apartment District on certain property located on
Lots 11, 12, and 13, Block 6; Lots 1, 2, 3, 4 and 5,
Block 8; and, Lots 1, 2, 3, 4, and 5, Block 9, Plat
of Midway. Said parcels are located between Bonney
Road and Second Street, west of Thalia Trace Drive
and contain 40,075.2 square feet. KEMPSVILLE
BOROUGH.
Prior to the change on the official zoning map, the following condition
will be met:
1. Resubdivision of the property and vacation of the existing
lot lines to avoid the creation of nonconforming lots and
to insure that all lots have access to a public street.
October 10, 1983
-31-
Item II-H.7
PLANNING ITEM # 20757 (continued)
These Ordinances shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of October, Nineteen Hundred, Eighty-Three.
Voting: 11-0
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,
Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-32-
Item II-H.8
PLANNING ITEM 20758
Attorney Grover Wright represented the applicants.
John Waters, area resident, spoke in behalf of the application; however,
he requested that certain conditions be applied.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of KEITH G. AND JOANN SHTFFER
for a Change of Zoning from R-8 to 0-1, with the conditions indicated
below:
ORDINANCE UPON APPLICATION OF KEITH C. AND JOANN SHIFFER
FOR A CHANGE OF ZONING FROM R-8 TO 0-1 Z01083758
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Keith G. and JoAnn Shiffer
for a Change of Zoning District Classification
from R-8 Residential District to 0-1 Office District
on certain property located at a point 960 feet more
or less south of Indian River Road an the east side
of Kempsville Road, running a distance of 113.31
feet in a southerly direction, along the west side of
Kempsville Road, running a distance of 352.39 feet
in a westerly direction, running a distance of 138.15
feet in a northeasterly direction and running a
distance of 310.38 feet in a southeasterly direction.
Said parcel contains 40,950.64 square feet.
KEMPSVILLE BOROUGH.
The following conditions will be required:
1. There will be no parking in the front yard.
2. The lower edge of any sign will be no less than 30 inches
above grade.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of October, Nineteen Hundred, ght -
@r cLe .
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None October 10, 1983
-33-
Item 11-H.9
PLANNING TTEM 207 59
Attorney Alfred Etheridge, Jr. represented the applicant.
Opposition:
Steve Dudley, 400 Pine Lane
Don Jeffries, 508 Woodlake Road
Nicholas Meyora, 5961 Oak Road
Barry Rich
James Taylor, 404 Piney Ridge Court
A motion was made by Councilman McCoy, seconded by Councilwoman McClanan,
NOT TO ALLOW WITHDRAWAL of the application of ENA K. FLESE4AN, FRED W.
FLES@ , BARBARA FLES94AN AND W. C. LINEBERRY ESTATE for a Change of
Zoning from R-6 to A-1 per the following:
ORDINANCE UPON APPLICATION OF ENA K. FLES94AN, FRED W.
FLESIMAN, BARBARA FLESFEAN AND W. C. LINEBERRY ESTATE
FOR A CHANGE OF ZONING FROM R-6 TO A-1
Ordinance upon application of Ena K. Fleshman, Fred W.,
Fleshman, Barbara Fleshman and W. C. Lineberry Estate
for a Change of Zoning istr c@ Classification from R-6
Residential District to A-1 Apartment District on
certain property located on the south side of llth
Street, 200 feet more or less west of Oak Springs
Court, on Parcels F, H, J, K and G-2; Lots 9, 10, 11,
12, 13, Block 7; and, Lots 1, 2, 3, 24, 25, Block 3,
Plat of East Norfolk Annex. Said parcel contains
6.7 acres. KFMPSVILLE BOROUGH.
A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by
Councilman Jennings, to DENY the application.
Discussion.
Councilmen Heischober and Jennings withdrew the motion to deny; thereupon,
Council acted upon the MAIN MOTION (NOT TO ALLOW WITHDRAWAL):
Voting: 11-0 (MAIN MOTION)
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-34-
Item II-H.9
PLANNING ITEM # 207 59 (continued)
After testimony on the part of the applicant's attorney, and the opposition,
Councilman McCoy made a motion, seconded by Councilwoman Oberndorf, to
DENY the application.
Voting: 11-0 (DENIAL)
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-35-
Item II-H.10
PLANNING ITEM # 20760
Gary Montalbine represented himself.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of GARY MONTALBINE,
T/A BAYSIDE REPAIR SERVICE, for a Conditional Use Permit, subject to
two conditions per the following:
ORDINANCE UPON APPLICATION OF GARY MONTALBINE,
T/A BAYSIDE REPAIR SERVICE, FOR A CONDITIONAL TJSE
PERMIT FOR SMALL ENGLNE REPAIR R01083581
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upt)n application of Gary Montalbine, T/A
Bayside Repair Service, for a Conditional Use Permit
for small engine repair on ce@ a@in property located
at the northwest corner of Pleasure House Road and
Independence Boulevard, running a distance of 200
feet more or less along the west side of Pleasure House
Road, running a distance of 200 feet more or less in
a northwesterly direction, running a distance of
180 feet more or less in a northeasterly direction,
running a distance of 550 feet along the south side
of Emblem Road, running around a curve in a southerly
direction a distance of 370 feet more or less,
running a distance of 300 feet in a southeasterly
direction, running a distance of 190 feet in a south-
westerly direction and running a distance of 210
feet more or less along the north side of Independence
Boulevard. Said parcel contains 4.7 acres. BAYSIDE
BOROUGH.
The following are required:
1. Approval is for a period of one (1) year.
2. Approval is for the present location on Pleasure House Road.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of October, Nineteerl Hundred, Eighty-Three.
Voting: 10-0
Council Members Voting Aye:
John A. BaLim, 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., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
Verbal aye. October 10, 1983
-36-
Item 11-H.11
PLANNING ITEt4 207 61
Richard Onsolow represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of POTOMAC STREET
COLLISION AND AIR CONDITIONING SERVICE COMPANY, INC. for a Conditional
Use Permit par the following:
ORDINANCE UPON APPLICATION OF POTOMAC STREET COLLISION
AND AIR CONDITIONING SERVICE COMPANY, INC. FOR A
CONDITIONAL USE PERMIT FOR AN AUTO BODY SHOP R01083582
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon applicat.ion of Potomac Street Collision
and Air Conditioning Service Company, Inc. for a
Conditional Use Permit for an auto body shop on certain
property located on the west side of Rose Marie Avenue,
beginning at a point 500 feet more or less south of
Broad Street, running in a southerly direction along
the west side of Rose Marie Avenue a distance of 75
feet, running in a westerly direction a distance of
175 feet, running in a northerly direction a dis-
tance of 75 feet, running in an easterly direction a
distance of 175 feet. Said parcel contains 13,125
square feet. BAYSIDE BOROUGH.
Tbis Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Tenth day of October, Nineteen Hundred, Eighty-Three.
Voting: 10-0
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., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
Verbal aye. October 10, 1983
-37-
Item II-H.12
PLANNING ITEM 2076 2
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council DEFERRED for one week (October 17, 1983) an Ordinance upon
application of JOSEPH C. AND HELEN M. LYNCH for a Conditional Use
Permit. This matter was deferred for two weeks on September 26, 1983.
A policy was adopted by City Council that when an application is pre-
sented on the Agenda for action and the applicant does not appear, nor
is represented, the matter will be deferred for two weeks; and, the
Clerk requested to advise the applicant that in two weeks tbe application
will be presented for action by City Council whether or not the applicant,
or his representative, is present.
ORDINANCE UPON APPLICATION OF JOSEPH C. AND HELEN M.
LYNCH FOR A CONDTTIONAL USE PERMIT FOR SMALL ENGINE
REPAIR AND RETAIL SALES
Ordinance upon application of Joseph C. and Helen M.
Lynch for a Conditional Use Permit for small engine
repair and re ail sales on certain property located
on the west side of First Colonial Road beginning
at a point 457.6 feet south of Virginia Beach Bouelvard,
running a distance of 75 feet along the west side of
First Colonial Road, running a distance of 180 feet
along the southern property line, running a distance
of 75 feet along the western property line and
running a distance of 180 feet along the northern
property line. Said parcel contains 13,500 square
feet. LYNNHAVEN BOROUGH.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, ITI, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None October 10, 1983
-38-
Item 11-H.13
PLANNING ITFM 20763
Opposition:
C. C. Taylor, 600 Liverpool
Alton Mercer, representing Civic League of Pembroke Meadows, Inc.
(presented a letter of authorization from the Civic League's
president, which is hereby made a part of the record)
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council DENIED an Ordinance upon application of MARLA DEL CARMEN
and DANNY J. LEWIS for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF MARIA DEL CARMEN AND DANNY J.
LEWIS FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
Ordinance upon application of Maria del Carmen and Danny J.
Lewis for a Conditional Use Permit for a home occupation
(dance school) located an Lot 338, Subdivision of
Pembroke Meadows, Section Two. Said parcel is located
at 4304 Cambria Circle and contains 17,024 square feet.
BAYSIDE BOROUGH.
Voting. 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal aye. October 10, 1983
-39-
Item II--I.1
APPOINTMENT ITEM # 20764
Upon nomination by Vice Mayor Henley, WILLIE L. GORDON was Al'POINTED
to replace Janice Holloway on the CITIZENS ADVISORY COMMITTEE.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-40-
Item 11-I.2
APPOINTMENT ITEM # 20765
Upon nomination by Councilwoman McClanan, HELEN VIA was APPOINTED to
fill the unexpired term (to December 31, 1984) of Russell 0. Siler
on the COMMUNITY SERVICES BOARD.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, Illt Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Verbal aye.
October 10, 1983
-41-
Item 11-I.3
APPOINTMENT ITEM # 20766
Upon nomination by Vice Mayor Henley, ERNEST L. CAPPS was REAPPOINTED
for a four-year term (October 1, 1983 to September 30, 1987) to the
MOSQUITO CONTROL COMMISSION.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-4 2-
Item II-1.4
APPOINTMENT ITEM # 20767
Upon nomination by Councilwoman Oberndorf, FRANK WILLIAMSON and WALTER ROYAL
were REAPPOINTED to the TRANSPORTATION SAFETY COMMISSION for three-year
terms (November 1, 1983 to October 31, 1986).
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, 111, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-43-
Item II-1.1
UNFINISHED BTJSINESS
ADD-ON ITEM # 20768
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council DIRECTED the Planning Commission consider the Flood Plain and
Drainage Ordinances at their meeting November 8, 1983, and expedite to
City Council November 21, 1983. As a part of the motion, any applications
(located in the floodways and the southern three boroughs) are to be
delayed until consideration is given to these Ordinances.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-44-
Item II-1.2
UNFINISHED BUSINESS
ADD-ON ITEM # 20769
A motion was made by Councilman Jennings, seconded by Councilwoman
McClanan, to reaffirm the deletion of Old Donation Parkway on the
Master Street and Highway Plan, as voted by City Council on March 5,
1979, and to direct the City Manager to cancel any review now in
progress by the Staff in this matter. (See Item #20724, October 3, 1983.)
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman
Baum, ANY CONSIDERATION of Old Donation Parkway and relative matters is
to be TABLED for three weeks.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr., W. H. Kitchin, III, J. Henry McCoy, Jr.,
D.D.S.
Council Members Absent:
None
October 10, 1983
-45-
Item II-J.1
NEW BUSINESS
ADD-ON ITEM # 20770
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council APPROVED an increase in the membership of the Wetlands Board
from five (5) to seven (7) (Code of Virginia, Section 62.1-13.6). Dis-
cussion of the two new members will be held in two weeks.
Voting: 11-0
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,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 1983
-46-
Item 11-J.2
NEW BUSINESS
ADD-ON ITEM # 20771
Councilwoman Oberndorf noted the neighborhood deterioration in the
Beach Borough and requested that the City Manager and the City Attorney
review the current Minimum Housing Code and what steps could be taken to
enforce the Code to eliminate this problem.
The City Manager was requested to prepare a Briefing within the next
30 days.
October 10, 1983
-4 7-
Item IT-K.1
ADJOURNMENT ITEM # 20772
By consensus, City Council adjourned the meeting at Five TwenLy-Three
in the afternoon.
Hodges Witli, CMC May@ s
City Clerk
City of Virginia Beach
Virginia
/jk
October 10, 1983