HomeMy WebLinkAboutMARCH 14, 1983 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, B,, ',.id@ B .... gb
VICE-MAYOR BARBARA .4. HENLEY. P..g. B.,..gh
]Otl,V A. BAIJM. B.,..gb
NANCY A. CREECII. A, L@,g.
HAROLD l[EISCfIOBER, At L.,g@
H. JACWJE,'iNili(;S, JR.. Ly@.b..- B.,..gb
ROBERT G. JONES. A, L.,g.
W. Ii. KITCIIIN, Ill, Vi,8i.@,, R ... b
REBA S. AI,CLANAV. A@@, B@ ... gb 212 CITY HALL BUILDING
1. HENRY AI,COY. JR., K@@p-ill@ B.... gb MUNICIPAL CENTER
MEYERA E. 013ER,NDGRF, A, L.,g@ VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, CilC. Cily Cl@lk (804) 427-4 30 3
CITY COUNCIL AGENDA
March 14, 1983
ITEM I INFOP-@ SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS.
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
3. Review of Planning Items.
E. CITY MAIIAGER'S ADMINISTRATIVE ITEIIS:
1. Proposed Franchises for Lifeguards and Beach Equipment Rentals:
Review of Bids.
2. Revieiq of Consent Agenda.
ITE@l II FORMAL SESSION: 2:00 p.m-
A. INVOCATIOiq: Reverend Carlyle A. @[cDonald
Pastor
Providence Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED S-@-@TES OF AMERICA.
C. ELECTRONIC ROLL CALL OF COLINCIL
D. MINUTES OF PREVIOTJS MEETING:
1. Motion to accept/approve the Minutes of Marcl 7, 1983.
E. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and uill be enacted
by one motion in the form listed. There will be no separate
discussion of these items. If discussion is des4@red, that item
will be removed from the Consent Agenda and cons4-dered separately.
1. Resolution of Appreciation to Franklin L. Cox who has
served as a @fember of the Community Services Board from
1977 thru 1982.
2. Resolution of Appreciation to John H. Sutherland who has
served as a member of the Community Services Board from
1977 thru 1982.
3. Resolution urging the State Corporation Co=-i-ssion to deny
VEPCO's rate increase request based on its factor evi-
dence; and, authorizing the City Attornev to i-ntervene in
this matter on behalf of the citizens affec-ed and to
present this Resolution to the State Corporazion Commission
on March 23, 1983.
4. Ordinance to Amend Section 21-422 of the CodE of the City
of Virginia Beach pertaining to signs requirad on property.
5. Request of the City Treasurer for tax refunds in the amount
of $2,274.51.
F. PLANNT,IG ITEMS
1. Ordinance to Amend and Reordain Article 2, S@-ction 200 (c)
of the Comprehensive Zoning Ordinance Pertai--ing to Lots
of Unustial Depth.
(This item was deferred for two weeks on Fe@-.-uary 28, 1983)
a. Letter from the City Manager transmits t'-Ie
reco=endation of the Planning Commissica
for approval.
2. Ordinance to Amend and Reordain Section 4.2(a) of the Sub-
division Ordinance pertaining to Easements.
a. Letter from the City Manager transmits t-,.e
recommendation of the Planning Commission
for oval.
ITEM II F. PLANNIi4G ITEMS (Cont'd)
3. Application of Fred H. Feller for a conditional use permit
for recreationa fa,-ilit@es -f an outdoor nature (fishing)
on a site located along the east ide of Southside Road, south
of its intersection with Old Rudee Boulevard (Lynnhaven
Borough).
a. Letter from the City Mana@.er transmits the
recommendation of the Planning Commission
for approval.
4. Application of Gene S. Meekins T/A Jamco for a conditional
use permit for an auto parts store and muffler s@ on a
32,500-square foot parcel located along the south side of
Laskin Road, west of Village Drive (Lynnhaven Borough).
a. Letter from the City Mana.@er transmits the
recommendation of the Planning Commission
for approval.
5. Application of George Tony Smith for a conditional use permi
for a single-family dwelling in the AG-1 Agricultural District
on an 8.4-acre parcel located along the south side of Sandbridge
Road, east of New Bridge Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of Tidewater Imports, Inc. for a change of zotling
from 0-1 Office District to B-2 Community-Business District on
a 30,579-square foot parcel located at the northern extremity
of Cranston Lane (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of Runnington Investment Corporation for a variance
to Sectiors 4.4(a) and (d) of the Subdivision Ordinance which
requires that lot size, width, depth, shape and orientation, and
minimum setback lines shall be app@opriate for the location of
the subdivision and the type of use conte.,aplated and that all
lots have access to a public street.
a. Letter from the City Mana@.er transmits the
recommendation of the Planning Commission
for approval.
8. Application of Nelson P. Tibbitt, Jr. for a change of zoning
from B-2 Community-Business District to A-2 Apartment District
on a four-acre parcel located at the northwest corner of Oconee
Avenue and Byrd Lane (Lynnhaven Borough).
a. Letter from the City Ilanager transmits the
reco=endation of the Planning Commission
for approval.
9. Application of Mr. and Mrs. Allen M. Holmes, Fred and Elizabeth
-Soles, C; , and Michael Wilcox for a
c ning from R-7 Residential District to A-4 Apartment
District on a 32,500-square foot parcel located along the southeast
corner of 24th Street and @lediterranean Avenue (Virginia Beach
Borough). (This matter was deferred for 4 weeks on February 14,1983
due to a tie vote.)
a. Letter from the City @lanager transmits the
recommendation of the Planning Commission
for oval.
ITEM II G. APPOINTMENTS.
1. Historical Review Board.
2. Personnel Board
3. Public Library Board
H. UNFINISHED BUSINESS
1. Request of R. G. Moore Bui for waiver
of restrictions on a 35.5-acre parcel, Bay Lake e. h -
Oc an Park Area, Bayside Borough ("@iater Oaks")
(This item was conti,@,@ for one week on March 7, 1983)
2. Request of Charles Bowden to waive Water at Wakefield
Drive, Thoroughgood (Bayside Borou@h).
(This item was continued for one week on Ilarch 7, 1983)
I. NEW BUSINESS
J. ADJOUR@,IENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 March 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,
14 March 1983, at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baun, 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 Absent:
None
- 2-
ITEM #19603
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
pursuant to the exemptions from opening meetings allowed by
Section 2.1-344 Code of Virginia, as amended, for the
following purposes:
1. PERSONNEL MA=RS: Discussion or consideration
of employment, assigrnent, appointment, prcmtion,
performance, derotion, salaries, disciplining or
resignation of public officers, appointees or
ernployees.
2. PUBLICLY HELD PRDPEFTY: Discussion or consid-
eration of @ condition, acquisition or use of
real property for public purpose, or of the dispo-
sition of publicly held property, or of plans for
the future of an institution which could affect
the value of property owned or desirable for owner-
ship by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public
funds where ccmpetition or bargaining is involved, where
if made public initially the financial interest of the
goverruental unit would be adversely affected.
4. 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
bc)dy -
Upon motion by Councilrnan Baum, seconded by Councilman Jones,
City Council voted to proceed into the EXECUTIVE SESSION
following the INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, 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
- 3-
M A T T E R S B Y C 0 U N C I L M E M B E R S
PROPOSED ORDINANCE ITEM #19604
Councilwoman Oberndorf presented Council a revised Ordinance
suggested by the Virginia Beach Rifle and Pistol Club con-
cerning Section 38-6 of the Code of the City of Virginia
Beach pertaining to the permits for purchase of certain
weapons.
SUMMER YOUTH JOB PROGRAM ITEM #19605
Councilwoman Oberndorf advised the Chamber of Commerce was doing
an excellent job in preparing for the Summer Youth Job Program
and a meeting will be held on Tuesday, March 15, 1983, at
9:00 a.m., to continue preparations for this Program.
KEMPSVILLE GOLF COURSE ITEM #19606
Councilman McCoy advised Council should discuss the possibilities
of private developers purchasing the Kempsville Golf Course versus
the City of Virginia Beach purchasing the Golf Course. The cost
to the City would be approximately $4-Million.
It was the consensus of City Council that the Staff prepare an
analysis of this matter and answer the following:
1. Is the purchase feasible?
2. How much money will the
City lose when it's taken
off the tax rolls?
3. How much revenue will the
City gain?
4. Final cost of purchase?
Councilman Kitchin advised that Councilman McCoy (then Mayor)
formed a Committee to prepare a Golf Concept Package similar
to other Cities in the Country a couple of years ago and the
Concept Package is "working out well".
- 4 -
PRELIMINARY BRIEFING ITEM #19607
Councilman Baum requested a Preliminary Briefing on Floodways
throughout the City of Virginia Beach to discuss possible
amendments to the Ordinances pertaining to floodways:
1. To specify areas which should be
preserved.
2. Developers be given "open space
credit" in those areas which would
allow them a higher density on high
ground but the overall density would
meet the zoning specifications.
This matter will be on the City Council Agenda of 4 April 1983.
BETH SHOLOM HOME ITEM #19608
Councilwoman Oberndorf made reference to a letter from the City
Attorney to William Bradford Reynonds, Assistant Attorney General,
concerning a request by Beth Sholom Home of Eastern Virginia,
to have a voter registration drive for Tuesday, May 10, 1983,
from 10:00 a.m. until 2:30 p.m.
PLANNING AGENDA ITEM #19609
Mayor Jones advised the first six (6) items on the Planning Agenda
have the recommendation of the Staff and the recommendation for
approval by the Planning Commission.
Councilwoman McClanan requested the reasonf: for changes to II-F.2,
Ordinance to amend and reordain Section 4.2(a) of the Subdivision
Ordinance pertaining to Easements.
The Director of Plannilig advised he was notified by the Director
of Public Works and the Director of Public Utilities that the
requirements for utility and drainage easements across lots or
overlapping of adjoining rear or side lot lines are not needed
except in extreme circumstances.
- 5-
Councilwoman Oberndorf asked the Director of Planning if "he
was comfortable" with the recommended changes in II-F.2, the
Ordinance to amend and reordain Article 2, Section 200 (c)
of the Comprehensive Zoning Ordinance pertaining to Lots of
Unusual Depth?
The Planning Director advised "as the ordinance stands right
now if a flag lot is approved only a single-family dwelling
may be permitted as an additional residence through the re-
subdivision of lots of unusual depth". The proposed amend-
ment would permit the construction of a duplex as an addi-
tional residence, provided that the existing lot is of
sufficient area to permit the erection of more than one
building and, further provided, that the lot is subdivided
in accordance with applicable zoning and subdivision require-
ments.
C I T Y M A N A G E R I S A D M I N I S T R A T I V E I T E M S
Giles G. Dodd, Acting City Manager
in absence of Mr. Muehlenbeck
ITEM #19610
Giles G. Dodd, Assistant to the City Manager for Finance and
Research, advised Council the City manager was discharged from the
Hospital and should be back to work by next week (March 21, 1983).
EXPEDITING USE PERMIT ITEM #19611
Mr. Dodd advised Council of a request from the Open Door Chapel
for expedition of a use permit for an Alcohol Detoxification
Facility to be heard by Planning Cornmission on April 12, 1983,
and by City Council on April 18, 1983.
This matter will be on the Council Agenda under NEW BUSINESS.
CHARLES BOWDEN ITEM #19612
Mr. Dodd presented Council with a letter responding to the
request of Charles Bowden to waive City water requirements
on in the Thoroughgood area, Wakefield Drive and noted this
matter was on the FORMAL AGENDA under UNFINISHED BUSINESS.
- 6-
TASK FORCE COMMITTEE ITEM #19613
Mr. Dodd asked David M. Grochmal, Assistant to the City Manager
for Governmental Relations, to speak to Council concerning the
proposed Franchises for lifeguards and beach equipment rentals.
Mr. Grochmal advised the Task Force studying the bids for
the beach equipment rental franchises on Areas one and two
met on a number of occasions and evaluated the bids, made
recommendations to Council.
In the bid proposal it was mentioned that all bidders consider
all items that Council would be considering:
1. Safety and general welfare of
the public
2. Qualifications and experience
of the bidder
3. Innovations in the proposal
and the extent to which they
exceed the minimum requests
contained in the franchise
agreement
4. The economic benefits of the
City of Virginia Beach
It was decided the three (3) factors to be evaluated by the
Task Force Committee as being the most important:
1. Safety of the general public
on the beach and in the water
2. Qualifications of the bidder
3. Franchise fee to be paid
Mr. Grochmal advised the Task Force Committee selected the
bid of Virginia Beach Patrol.
It was the consensus of City Council that a Public Briefing
Session be held at 11:00 a.m., on Monday, march 21, 1983,
for:
1. Further discussion
2. Meet on a "one to one" basis with
each bidder
3. Prior to the Briefing, members of
City Council would receive detailed
descriptions as to proposed procedures,
qualifications, listing of officers and
stockholders, etc., on each bidder.
- 7-
CONSENT AGENDA ITEM #19614
Councilman Jennings requested II-E.4, the ordinance to amend
Section 21-422 of the Code of the City o" Virginia Beach per-
taining to signs required on property, be removed from the
CONSENT AGENDA and considered separately.
City Council recessed into EXECUTIVE SESSION, (1:30 p.m.)
- 8-
F 0 R E A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 March 1983
2:10 p.m.
Council Members Present:
John A. ]3aun, 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 M@oy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Carlyle A. McDonald
Pastor
Providence Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 9-
M I N U T E S
ITEM II-D.1 ITEM #19615
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to APPROVE the Minutes of the Regular
Meeting of March 7, 1983.
Voting: 9-0
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.,@Aayor Louis R. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Robert G. Jones, and Reba S. @l@
Council Members Absent:
None
-10-
C 0 N S E N T A G E N D A
ITEM II-E ITEM #19616
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the CONSENT AGENDA by ONE
MOTION with the exception of II-E.4 which will be considered
separately.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, 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
-11-
ITEM II-E.1 ITEM #19617
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to ADOPT the Resolution of Appreciation to
Franklin L. Co>'who has served as a member of the Community Services
Board from 1977 through 1982.
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
1 2-
RESOLU-ION OF APPRECIATION
TO
F-@NKLIN L. COX
WHEREAS, Franklin L. Cox has served as a member of the
Community Services Board from 1977 thru 1982;
WHEREAS, Franklin L. Cox has served willingly and
untiringly in behalf of the City of Virginia Beach;
WHEREAS, his dedicati-on and unselfish service involved
personal sacrifices and inconveniences, not only to him, but
frequently to his family and/or business; and,
WHEREAS, we trust he realized satisfaction in success-
fully administering in his advisory capacity not only to City
Council, but to the citizens o@ this fast growing metropolis.
1,TOlq, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes t::qis record of six (6) years
of distinguished service in publicly expressing its sincere
gratitude for his contribution of time, energy and intellect.
BE IT FURTHER RESOLI'- : That this Resolution of
Appreciation be made a part o@- t*qe records of @ne Virginia
Beach City Council with a fra7.ed copy for presentation at the
next regular meeting of the V@--ginia Beach Community Services
Board.
C-@-ven under my hand and seal this
@ourteenth day of March,
'i-neteen Hundred and Eighty-Three.
I-layor
- 1 3-
ITEM II-E.2 ITEM #19618
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to ADOPT the Resolution of Appreciation to John
H. Sutherlandwho has served as a member of the Community Services
Board from 1977 through 1982.
Voting: 11-0
Council Members Voting Aye:
John A. Balxn, Nancy A. Cre@, Harold Heischober,
Vice Mayor Barbara M. Henley, R. Jack Je @ ngs,
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
RESOLUTION OF APPRECIATION
TO
JOHN R. SUTHERLAND
WHEREAS, John H. Sutherland has served as a member of
the Community Services Board from 1977 thru 1982;
WHEREAS, John H. Sutherland has served willingly and
untiringly in behalf of the City of Virginia Beach;
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconveniences, not only to him, but
frequently to his family and/or business; and,
WHEREAS, we trust he realized satisfaction in success-
fully administering in his advisory canacity not only to City
Council, but to the ci-lizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of six (6) years
of distinguished service in publiciv expressing its sincere
gratitude for his contribution of time, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of
Apprec4-ation he made a part of the records of the Virginia
Beach City Council with a framed copy for presentation at the
next regular meeting of the Virginia Beach Community Services
Board.
Given under my hand and seal this
Fourteenth day of March,
Nineteen Hundr--d and Eighty-Three.
Mayor
-15-
ITEM II-E.3 ITEM #19619
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution urging the State Corporation Commission to
deny VEPCO's rate increase request based on its fuel factor evidence;
and, authorizing the City Attorney to intervene in this matter on
behalf of the citizens affected and to present this Resolution to
the State Corporation Commission on March 23, 1983.
Voting: 11-0
Council Members Voting Aye:
John A. BaLin, 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. Hnry @@.y,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 6 -
A meeting of the Council of the Citv of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 14th day c)f March 1983.
On motion by Councilman McCoy and seconded by
Councilman Heischob6-r the follc on was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Virginia Electric and Power Company, here-
inafter "VEPCO," has applied to the State Corporation Commission
for a hearing for the purpose of furnishing evidence to establish
VEPCO's fuel factor for the twelve month period commencing April
1, 1983; and
WHEREAS, the citizens of Virginia Beach have expressed
their deep concern over VEPCO's application to members of City
Council; and
WHEREAS, the present cost of fuel is lower than the
average cost of fuel for the twelve month period commencing April
1, 1982 which will be used by VEPCO, and based on the present market
will continue to be lower; and
WHEREAS, the City Council of Virginia Beach feels that
the fuel factor evidence to be submitted by VEPCO will result in
an unreasonable and unwarranted rate increase.
NOW THEI@REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the State Corporation Commission is hereby urged to
deny VEPCO a rate increase, Case No. PUE830006, based on its fuel
factor evidence; and
BE IT FURTHER RESOLVED that the City Attorney is hereby
requested to intervene in this matter on behalf of the citizens so
affected and to present this Resolution to the State Corporation
Commission on March 23, 1983.
Adopte6 '--y the Council of the City of Virginia Beach on
14 March 1983
JDB/awj
3 14 B"
- 17-
ITEM II-E.5 ITEM #19620
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the request of the City Treasurer for tax refunds in
the amount of $2,274.51.
Voting: 11-0
Council Members Voting Aye:
John A. Bauu, 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
RM NO. C.A. 7 1 8
3/ 7/ 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 Pen.ity lnt, Total
Year of Tax Number tion No. Paid
Willie Jo Johnson 78 pp 48643 1/28/83 20.90
Charlotte S. Zelms 82 pp 67689-6 1/24/83 37.68
Isabelle C. Borland 82 pp 143341-5 2/2/82 28.98
Curtis Fruit 78/79 RE N/A N/A 1,374.37
James & Georgia Voorhies 83 RE(1/2) 83999-9 12/3/82 2.00
J. G. & R. Enterprises 82 RE(1/2) 31010-4 12/2/81 283.50
J. G. & R. Enterprises 82 RE(2/2) 31010-4 6/5/82 283.50
Harry & Sam Sandler et als 83 RE(1/2) 71656-8 12/5/82 223.38
Nancy L. Smith 79 pp 85287 2/17/83 20.20
Total 2,274.51
This ordinance shall be effective fr@m date of adoption.
Ttie above abatement(s) totaling Ger s to pa
$ 2 , 2 7 4 . 5 1 were approved by
the Council of the City of Virginia
Beach on the 1 4 day of March . I 7, @
J@ T. A4-kin-sof(, T@e@s-urcr
Approved as to
Ruth Hodges Smith
City Clerk "A
le Bimson, City Attorney
- 19-
ITEM II-E.4 ITEM #19621
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to amend Section 21-422
of the Code of the City of Virginia Beach pertaining to signs
required on property.
Voting: 10-1
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
Vice Mayor @bara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 2 0 -
REQUESTED BY: POLICE DEPARTMENT
AN ORDINANCE TO AMEND SECTION
21-422 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
SIGNS REQUIRED ON PROPERTY
BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-422 of the Code of the City of Virqinia
Beach is hereby amended as follows:
Section 21-422. Signs required on property.
(a) Each owner of private property having parking
facilities accessible to the public, and offering parkinq to its
customers, clientele, residents, lessees, or guests, who intends
to enforce parking restrictions by the use of tow truck service
shall post, at each point of inaress and eqress to the parking
area, clearly leqible siqns containing the followinq words:
PRIVATE PARKING
(name of business, apartment, condominium,, motel, hotel, office
buildinq, or orcianization, whichever is aoplicable)
RESIDENTS/CUSTOMERS/CLIENTELE/LESSEES/GUESTS ONLY
TOWING ENFORCED
Unauthorized cars towed at owners expense: $30.00
day, $40.00 night. Call 91++ 427-4761 for location and
information concerning return of car if towed.
(b) The signs required by this section shall be at
least thirty-six (36) inches in width and thirty (30) inches in
height. Lettering for the top eight (8) lines shall be at least
thrp-e (3) inches in height and, for all other lines, at least one
and one-half (1-1/2) inches in height. The face of the sign
shall he composed of hiqh intensity reflectorized sheetina or
like material. The name of the business mav be on a separate
sign, but must be adiacent to the primarv siqn containina the
information reauired by this section. The provisions of
subsection (a) above shall be applicable to parkina facilities of
apartment houses, condominiums and nonprofit orqanizations.
(c) It shall be unlawful for any tow truck service or
operator to tow or otherwise move a vehicle from anv privatelv
owned land or property within the city, unless such land or
property is properly signed in accordance with this section.
Adopte(I bv the Council of the City of Virginia Beach on
the -14 day of _March 1983.
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P L A N N I N G A G E N D A
ITEM II-F ITEM #19622
Mayor Jones declared the Public Hearing on the Planning Agenda
open.
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and ADOPT the FIRST SIX ITEMS of the
PLANNING AGENDA by one motion.
Voting: 9-2
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
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:
Vice Mayor Barbara M. Henley, and Meyera E. Oberndorf*
Council Members Absent:
None
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE"
- 2 3-
ITEM II-F.1 ITEM #19623
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and ADOPT the Ordinance to amend and
reordain Article 2, Section 200(c) of the Comprehensive
Zoning ordinance pertaining to Lots of Unusual Depth.
Voting: 9-2
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
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 14embers Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf*
Council Members Absent:
None
*COUNCILWOMAN OBERNDORF VOICED A VER13AL "NAY"
- z Z4 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 200(c) OF THE
COMPREF.ENSIVE ZONING ORDINANCE
PERTAINING TO LOTS OF UNUSUAL DEPTH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 2, Section 200(c), lots of unusual depth of
the C.Z.O., be amended and reordained in part as follows:
Section 200. Zoning lots.
(c) Lots of unusual depth. Where an existinq lot is of
sufficient area to permit the erect-ion creation by subdivision of
more than one building lot in Residential. Districts, permitt-ing
15ti-i-lding7 one additional 5-inele-faiRily-re5idenee buildinq lot may be
permitted throucjh resubdivision of the lot, provided that the lot
can be resubdivided in accordance with applicable zoning
requirements and subdivision regulations, and that a fifteen
(15)-foot easement of right-cf-way meeting the requirements of
subdivision regulations is provided and dulv recorded in the clerk's
office of the circuit court of the City of Virginia Beach. Such
arrangements shall be oermissible only where no r)ublic exidenditures
for streets or extensions of utilities are involved, and where the
following special conditions are satisfied:
(1) That a portion of the lot to be resubdivided be
adjacent to a public street.
(2) That for reasons of unusual shape, dimensional
restrictions, topography or area limitations, a normal street
dedication of fifty (50) feet cannot be rnade.
(3) That the lot to be resubdivided shall exist as
an isolated example and that it not reoccur in a reloetitive manner
in the area or subdivision.
Adopted by the Council of the City of VirQinia Beach,
Virginia, on the 14 day of March 1983.
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ITEM II-F.2 ITEM #19624
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and ADOPT the Ordinance to amend and
reordain Section 4.2(a) of the Subdivision ordinance pertain-
ing to Easements.
Voting: 9-2
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
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:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf *
Council members Absent:
None
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "NAY"
- 26 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4.2(a)
OF THE SUBDIVISION ORDINANCE
PERTAINING TO EASEMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.2(a), Easements, of the Subdivision Ordinance be amended
and reordained in part as follows:
4.2 Easements
(a) Easements for utilities and-dra*nage shall be provided
zanee-ef-the-requcpeinent as required by the Director of
Public Utilities and easements for dranale shall be
provided as require by t e Directr of Pub,,c Works
across lots or overlapping or adjoining rear or side lot
lines, and shall be of whatever width is necessary to pro-
vide for installation of such utilities or drainage and
for access for maintenance; provided, however, that no
such easement shall be less than ten (10) feet wide.
In the case of any waiver to this requirement as out-
lined above, conditions or safeguards may be attached
to the grading plan as necessary to assure proper
drainage in the area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14 day of March 1983.
3 14 83
- 27-
ITEM II-F.3 ITEM #19625
Richard Browner, Land Planning, represented the applicant
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of FRED
H. FELLER for a Conditional Use Permit as per the following:
ORDINANCE LPON APPLICATION OF FRED H. R0383526
FELLER FOR A CONDITIONAL USE PEPMIT
FOR A RECREATIONAL FACITTTY OF AN
OUTDOC)R NATURE (FISHING)
BE Tr ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Fred H. Feller for a
Conditional Use Pennit for recreational facilities
of an outdoor nature (fishing) on certain property
located on the Southeast portion of Lot B-20 as
s@ on the plat entitled "Re-Plat of Rudee Heights,
Princess Anne County, Virginia", dated Dec , 1950,
a.nd which is located on the East side of Southside
Road. Plats with rmre detailed information are
available in the Departinent of Planning.
As conditions of the use permit, the following are
required:
1. Approval is for a period of three (3) years.
2. Restroom facilities must be provided, either
permanent or t-porary.
3. The hours of operation shall be frcrn 6:00 a.m.
to 10:00 P.M.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Fourteenth day of March, 1983.
- 28-
Voting: 9- 2
Council Members Voting Aye:
John A. BauT,, Nancy A. Creech, Harold Heischober,
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:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf*
Council Members Absent:
None
COUNCILWOMAN OBERNDORF VOICED A VERBAL "NAY"
- 29-
ITEM II-F.4 ITEM #19626
George A. Porterfield represented the applicant
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of GENE
S. MEEKINS, T/A JAMCO, for a Conditional Use Permit as per
the following:
ORDnWCE UPON APPLICATION OF GENE S. M383527
MEEIUNS, T/A JAMCC), FOR A CONDITIONAL
USE PERMIT FOR AN AUFO PARTS STORE
ADD MUFF=R SHOP
BE IT ORDAINED 13Y THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Gene S. Meekins,
T/A Jamco, for a Conditional Use Permit for an
auto parts store and muffler shop on certain
property located on the South side of Laskin
Road begirining at a point 250 feet more or less
@st of Village Drive, running a distance of 130
feet along the South side of Laskin Road, running
a distanoe of 250 feet along the Western property
line, running a distance of 130 feet along the
Southern property line and running a distance of
250 feet along the Eastern property line. Said
parcel is iocated at 1837 Laskin Road and con-
tains 32,500-square feet. LYNNHAVEN 130ROUGH.
During further review of the develofmnt plans for
this project, the following may be required by the
staff:
1. City water and sewer.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of March, 1983.
- 30-
Voting: 9- 2
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Lc)uis R. Jones, Robert
G. Jones, W. H. Kitchin, III, Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf*
Council Members Absent:
None
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "NAY"
- 3 1-
ITEM II-F.5 ITEM #19627
George T. Smith spoke in behalf of his application
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of GEORGE
TONY SMITH for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF GEORGE TONY RD383528
SMITH FOR A CONDITIONAL USE PEPMIT FOR A
SINGLE-FAMILY DW = ING IN THE AG-1
AGRICULTURAL DISTRICR
BE Tr O@NED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
ordinance upon application of George Tony @th for a
Conditional Use Pexmit for a single-family dwelling in
the AG-1 Agricultural District on certain property 10-
cated 600 feet South of Sandbridge Road beginning at a
point 600 feet East of New Bridge Road, running a dis-
tance of 730 feet more or less along the Northern pro-
perty line, running a distance of 100 feet more or less
along the Eastern property line, running a distance of
860 feet more or less along the Southern property line
and running a distance of 370 feet more or less along
the Western property line. Said parcel contains 8.4
acres more or less. PRINCESS AN14E BOROUGH.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of March-, 1983
- 32-
Voting: 9-2
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, W. H. Kitchin, III, Reha S. McClanan, J.
Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf*
Council Members Absent:
None
*COUNClLWOMAN OBERNDORF VOICED A VERBAL "NAY"
- 33-
ITEM II-F.6 ITEM #19628
Attorney W. E. Hudgins, Jr., represented the applicant
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of TIDEWATER
IMPORTS, INC., for a Change of Zoning District Classification as
per the following:
ORDINANCE UPON APPLICATION OF TID@TER Z0383705
@ORTS, INC., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM 0-1 OFFICE
DISTRICII TO B-2 CUMMTY-BUSINESS
DISTRICr
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGIN-LA:
ordinance upon application of Tidewater @rts, Inc.,
for a Change of Zoning District Classification frcin
0-1 Office District to B-2 Corrmunity-Business District
on certain property located at the Northern extremity
of Cranston Lane, running a distance of 250.58 feet
along the Southern property line, running a distance of
338.36 feet along the Western property line, running a
distance of 70 feet in a Southeasterly direction,
running a distance of 161.76 feet in a Southerly direction,
running around a curve in a Southeasterly direction a
distance of 241.14 feet and running a distance of 12.86
feet in a Southerly direction. Said parcel contains
30,579-square feet. LYRMVEN BOROUGII.
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 scwer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of March, 1983
- 34-
Voting: 9- 2
Council Members Voting Aye:
John A. BaLn, Nancy A. Creech, Harold Heischober,
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:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf*
Council Members Absent:
None
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "NAY"
- 35 -
ITEM II-F.7 ITEM #19629
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of
RUNNINGTON INVESTMENT CORPORATION for a Variance to Section
4.4(a) and (d) of the Subdivision ordinance as per the
following:
A@al frcin Decision of Administrative officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Rurmington Investment
Corporation. Property located on the West side
of West Lane, 886.87 feet North of Virginia Beach
Boulevard. Plats with more detailed information
are available in the Departiient of Planning.
LYNNHAVEN BORDUGH.
The applicant wishes to subdivide a 21,936-square
foot parcel (.503-acre) into two (2) lots, one
totaling 12,224-square feet (Lot D-2 - .28-acre)
and the other totaling 9,712-square feet (Lot D-1 -
.223-acre ). A duplex currently exists on proposed
Lot D-2.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, 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
- 36 -
ITEM II-F.8 ITEM #19630
Attorney Grover C. Wright, Jr., represented the applicant
Commander Andrew W. Curtin, NAS-Oceana, spoke in opposition
Upon motion by Councilman Jennings, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of
NELSON P. TIBBITT, JR., for a Change of Zoning District
Classification as per the following and including the
following:
1. Modification to A-1 Apartment District
2. The applicant has voluntarily agreed to
provide a disclosure statement in the
leases that this area is located in the
AICUZ High Noise Impact Zone 3 AND the
LOW CRASH ZONE
ORDINANCE UPON APPLICATION OF NELSON P. Z03837C6
TIBBITr, JR., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2
COMUNITY-BUSINESS DISTRICII TO A-1
APARTMM DISTRICII
BE Tr ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Nelson P. Tibbitt, Jr.,
for a Change of Zoning District Classification from
B-2 Ccnnunity-Business District to A-1 Apartinent
District Umdified from A-2 Apartrnent District) on
certain property located at the NorUvest intersection
of Oconee Avenue and Byrd Lane, ri=ing a distance of
220 feet more or less along the North side of Oconee
Avenue, running a distance of 450 feet along the Western
property line, running a distance of 480 feet more or
less along the Northern property line, running a distance
of 330 feet rwre or less along the Eastern property line
and running a distance of 200 feet more or less in a
Southwesterly direction. Said parcel contains 4 acres
rmre or less. L@VEN BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff;
1. Standard inprovements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. Tlie developer may be required during the site plan
review process to upgrade Byrd Lane frcrn the site
to Virginia Beach Boulevard.
4. Pe@ts frorn the appropriate local, state
federal agencies may be required for dredging,
filling, bulkheading or other waterfront related
activities.
- 37 -
It is agreed that @ following conditions will be
met:
1. Modification to A-1 Apartinent District.
2. The applicant has voluntarily agreed to
provide a disclosure staternent in the
leases that this area is located in the
AICUZ High Noise Irnpact Zone Three (3)
and the low potential crash zone.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of March, 1983.
Voting: 9-2
Council Members Voting Aye:
John A. Baun, NaLncy A. Creech,* Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
- 3 8 -
ITEM II-F.9 ITEM #19631
Fred Soles spoke in behalf of his application
George Owens, Bay Mark Development, spoke in behalf of the
application
Ron Gwaltney was signed to speak but did not appear
Michael LaGigilia, Old Beach Civic League, spoke in opposition
Councilman Kitchin made a motion, seconded by Councilwoman Oberndorf,
to DENY the 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-4 Apartment District.
Councilman Heischober offered a SUBSTITUTE MOTION, seconded by
Councilwoman Creech, APPROVE the application of MR. AND MRS.
ALLEN M. HOLMES, FRED AND ELIZABETH SOLES, GEORGE B. AND EDITH
K. SHIELDS AND MICHAEL WILCOX for a Chanqe of Zoning District
Classification from R-7 Residential District to A-3 @partment
@istrict STRAIGHT CATEGORY for eighteen (18) units.
Voting: 7-4
Council Members Voting Aye: (for substitute motion)
John A. Baun, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Robert G. Jones, Reba S.
McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Mayor @uis R. Jones,
W. H. Kitchin, III, and Meyera E. Oberndorf
Council Members Absent:
None
- 3 9 -
ORDINANCE UPON APPLICATION OF MR. AND MRS. Z0383707
ALLEN M. HOLZES, FRED AND ELIZABETH SOLES,
GEORGE B. AND EDITH K. SBIELDS AND MICHAEL
WILCOX FOR A CHANGE OF ZONING DISTRICR
CLASSIFICATION FRJM R-7 RESIDENTIAL DISTRICT
TO A-3 APARTM= DISTRICT STRAIGHT CATEGORY
(MODIFIED FROM A-4 AP DISTRICT)
BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance @n application of Mr. and Mrs. Allen M.
Hohiies, 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 Apartimnt District Straight Category
(modified frcin A-4 Apart-aent 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. VIRGINI.A BEACH BOROUGH.
During further review of the develofment plans for
this project, the following may be r@red by the
staff:
1. Standard improvemnts as required by the Site
Plan ordinance.
2. City water and swer.
Prior to the changing of the official zc)ning map, the
following condition will be met.
1. Resubdivision of the property and vacation of
@ sting lot lines to avoid the creation of
nonconforming lots.
The Planning Ccmmission also required the following
conchtions:
1. mc>dified to A-3 Apartment District res@@*-ed
@IGHr category for @x*-een eighteen units.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fourteenth day of March, 1983.
- 40 -
A P P 0 I N T M E N T S
ITEM II-G.1/2/3 ITEM #19632
Consideration of appointments to the HISTORICAL REVIEW BOARD,
PERSONNEL BOARD and PUBLIC LIBRARY BOARD were rescheduled to
a future Council meeting.
U N F I N I S H E D B U S I N E S S
ITEM II-H.1 ITEM #19633
Attorney Grover C. Wright, Jr., representing R. G. Moore Building
Corporation, spoke before City Council requesting a waiver of
a 75-foot buffer on the south and west side of the property in
which no physical improvements can be made with the exception
of fencing and pedestrian paths AND a 250-foot and 150-foot
set-back for all buildings from the property lines on the west
and south side, respectively.
The following spoke in opposition:
Thomas L. Ackiss, President Baylake Pines
Civic League
Charles Thompson, representing Ocean Park
Civic League
Mrs. Eugene Connors, ocean Park Civic League
Attorney Carl W. Isbrandtsen, representing
residents in Ocean Park Civic League
Harry Osterheldt, resident Baylake Pines
It was the consensus of City Council that no action be taken on
this matter.*
ITEM II-H.2 ITEM #19634
Attorney Grover C. Wright, Jr., representing Charles F. Bowden,
spoke before City Council requesting possible waiver of City
water requirements on property in the Thoroughgood area,
Wakefield Drive, on four (4) lots.
*Councilman Jones stated, for the record, that due to a possible
conflict of interest he had taken no part in these deliberations.
3 1 4 8
- 4 1 -
Aubrey V. Watts, Director of Public Utilities, advised in
June of 1982, the City determined that water service would
be required to be extended to the four-lot subdivision
proposed by Mr. Bowden.
Upon motion by councilman Heischober, seconded by Councilman
Jennings, City Council voted to waive City water requirements
on the subject four (4) lots in Thoroughgood, on Wakefield
Drive AND to comply with the City Ordinances for water, if
needed the cost shall be borne pro rata by the affected
residents in the area.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, 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
- 42-
ITEM II-1.1 ITEM #19634
COUNCILMAN JONES LEFT COUNCIL CHAMBERS
Upon motion by Councilman Jennings, seconded by Councilman
Heischober, City Council voted to EXPEDITE the application
of OPEN DOOR CHAPEL for an Alcohol Detoxification Facility,
to be heard by Planning Commission on April 12, 1983, and
by City Council on April 18, 1983.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, 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.,
and Meyera E. oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
- 4 3-
ITEM #19635
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council voted to recess into EXECUTIVE SESSION
(4:41 p.m.), pursuant to Section 2.1-344 Code of Virginia, as
amended, for the purpose of discussing Personnel Matters,
Publicly Held Property, Public Funds Investment and Legal
Matters after which to adjourn.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClananl* J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberridorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE"
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ITEM II-J.1 ITEM #19636
Upon motion duly made and seconded City Council adjourned
at 6:02 p.m.
an, Deputy City Clerk
L
R th, CMC l@. u l R-.
City Clerk
City of Virginia Beach,
Virginia
14 March 1983
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