HomeMy WebLinkAboutAPRIL 18, 1983 MINUTES
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CITY COUNCIL AGENDA
Ai,ril 18, 1983
ITEII I INFOR@l,%I, SESSION: 12: @30 p. m.
A. CALI, l'O ORDER - @lqvor l,ouls R. !ones
B. ROI,L CALI, Or COUNCII,
(@. @10']'ION TO RFCF.SS II\ITO T.NFOPIIAL/EXECUTTVE SE.I;STO.N
D. Pl@l,-SENTATION/I)TSCIISSION OF PERTTNENT MATTERS
1. @tatters for disc@sion b,; Mavor-
2. matters for discussi-on b@ Council.
3. Review of-Planning Items.
r,. (@T'FY @l,,NA(.FR'S AD@fT';TSTRATTVE TTEM@:
1. Amendment to Section 38-6 of the Citv Code Pertainin.Q to
P-urchas-e of Certain Weapons: Discussion
of pro,)osed ordinance.
2. Review of Consent Agenda.
TTFM. TT FORMAI, SESSION: 2:00 p.m.
A. T@T@'OCATTON: Mrs. Teanne Husmann
First Reader
First Cliurcli Christ Scientist
B. PI,EDGF OF AI,LEGIANCE TO THE FLAC, OT' THP, UNITFT) STATES OF AMRICA
C. FI,ECTRONIC ROT,L CALT, 01 COTTNCTI,
D. MINUTES OF PRPVTOITS @IEFTTIC:
1. Motion to accei,t/approve the Minutes of the Special
Meeting April 6, 1983.
2. Motion to accedt/approve the Minutes of the Regular
Meeting AI)ril 11, 1983.
E. PRESENTATION
1. Resolution in Recopnition: Virg
,,inia Beach Clean Community
F. CONISENT AGENDA
All m@qtters listed under the Consent Agenda are considered in
tlie ordinarv course of business bv Cit@ Council and will be
enacted bv one motion in the form listed. There will be no
disk,ussion of these items. If discussion is desired,
tli.it item will be removed from the Consent Agenda and considered
S,,n,ir,itelv.
1. Resolution in Recognitioii - Virginia Beach Clean Community.
2. Resolution atithorizing the Citv Manager to enter into a
contract for an indenendent audit of the Citv of Virginia
Beach for tlie Fiscal Year ending June 30, 1983.
(This matter was deferred on March 28, 1983, April 4, 1983
-in d
for @it one week on April 11, 1983.)
3. Resolution authorizing the Citv Attornev and the City
@lanager to make api)lication to the Virginia Department of
Transportation Safety for sufficient funds to allow R. J.
Nutter IT, Assistaiit Citv Attornev, to attend the Propram
of Tnstrtiction for Lawvers Program
4. Ordinance to amend and reordain Section 6-6 of the Code of
the City of Virginia Beach pertaining to taking food or
drink oii beacli or adjacent streets.
(This matter was deferred on April 11, 1933.)
5. Ordinance, on SECONT) READTNG, to accent grants totaling
$34,354 from the "Irginia Department of Transportation
SafE@ty and to appropriate these funds.
6. Ordinance, on T@TPST RFADTNC, to exemdt the Communitv
Development Program from indirect costs as determined bv
the Cost Allocation Plan for Program Years 3 - 7.
7. Ordinance, on FIRST RFADTNC,, to increase estimate revenues
and transfer Capital Project funds for street improvements
to the 100 block of 68th Street.
TTEM 11 F. CONSENT AGENDA (Cont'd)
8. Ordinance authorizing the City Manager to vacate a 10'
drainage easLmeTit to Amterra Partners New Lease Fund I,
across Parcel A-3, 5277 Princess Anne Road, Kempsville
Borough (Pizza Hut of America, Inc.)
9. Resolution authorizing an addition to a nonconforming
structure known as Steinhilber's Thalia Acres Inn
located at 653 Thalia Road.
10. Ordinance to atithorize ac(iuisition of propertv in fee
simple for right-of-wav of Princess Anne Road Project
Phase II Water Main Project CIP 5-937 and the acquisition
of temporarv and permanent easements of right-of-wav,
either bv agreement or by condemnation.
11. Ordinance apnointing viewers in the petition of Lvnn
Beach Associates for the closure of a portion of Kleen
Street and Holly Avenue (a/k/a Cape Henry Drive)
(l,vnnhaven Borough).
12. Ordinance autho.rizing and directing the Citv Treasurer
to execute and file for exemption from Federal withhold-
ing on interest under the Federal Tax Equitv and Fiscal
Responsibility Act of 1982 with the Internal Revenue
Service.
13. Request of the Citv Treasurer for tax refunds in the
amount of 8813.87.
14. Raffle Permits:
Virginia Beach Little League
Cox High School Band Parents
Deputv Sheriffs Association
Virginia Beach Association for Gifted and Talented
G. PLANNING ITEMS
1. PTANNT@@(-, ITEMS BY CONSP.NT
a. Application of Ronald S. Bray for a variance to Section
4.4(d) of the Subdivision Ordinance which requires that
lots created through subdivision have direct access to
a public street. He wishes to subdivide a 5.9-acre
parcel off of a larger 297-acre tract. The site, known
as Bayville Farm, is located 6,418.31-feet east of the
intersection of First Court and Greenwell Roads (Bayside
Borough). (Citv Council voted to expedite on 2/14/83.)
1. l,etter from the Citv Manager transmits the
rc,commendation of the Planning Commission
for a ro@al.
b. Application of Waco Equipment Companv for a conditional
use rmit for a bulk -,@r e on a 1.64-acre parcel
-P
loc,ited at the no t@h est corner of Pouse Drive and 4ac
Street (Kempsville Borough).
1. Letter from the Citv Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM IT C,. PL@4NING ITEMS (Cont'd)
2. PLMINI@IG ITEMS FnR DELIBERATION
a. Applicati,on of the City of Virginia Beach, Department of
General Services, or@a conditional use permit for a
.@n Carium (non-medical environmental alcohol detoxifi-
@a i@@ center) on a 29,596-50-souare foot parcel located
south of Virginia Beach Boulevard, east of Groveland
Road (Lvnnhaven Borough);
AND,
a Resolution authorizing the Citv Manager to enter into
a lease agreement between the Open Door Chapel and the
City of Virginia Beach.
(0@ March 14, 1983, the City Council voted to expedite
this application.)
1. Letter from the Citv Manager transmits the
reconunendation of the Planning Commission
for approval.
b. Application of Runnington Tnvestment Corporation for a
change of zoning from 1-1 Light Industrial District to
B-4 Resort-Commercial District on a 6,381-square foot
parcel located along the south side of Pi.newood Drive,
west of Mediterranean Avenue (Virginia Beach Borough).
(This matter was deferred for two weeks on April 4,
1983.)
l@ Letter from the Citv Manager transmits the
recommendation of the Planning Commission
for approval.
C. Application of S & B Pro erties, Inc. for a change of
zoning from R-8 Residential District to B-2 Communitv-
Business District on a 1.06-acre parcel located along
the west side of Centerville Turnpike, south of Kempsville
Road (Kempsville Borough).
1. Letter froTR the CitV Manager transmits the
recommendation of tbe Planning Commission
for denial.
d. Application of Holland Properties Associates for a change
@f zoning from T-1 Light Industrial District to A-3
ment District on a 4.5-acre parcel located north of
liolland Road, west of Edwin Drive (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
e. Application of R. G. Mioore for a change of zonine from
R-5 Residential District to R-6 Residential District on
a 66.2-acre parcel located along the west side of Salem
Road, north of Elbow Road (Kempsville Borough).
1. T,etter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
f. Application of R. G. Moore for a change of zoning from
R-6 Residential District to 0-1 Office District on a
2.11-acre parcel located along the south side of Bonney
Road, east of Witchduck Road (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
ITEM IT G. PLANNING TTEMS
2. PLANNING ITEMS FOR DELIBERATION (Cont'd)
g. Application of Peterson Associates, Inc. for a change
@f zoning from R-8 Residential Dist i@ct to A-1 @art-
ment District on a 9.908-acre parcel;
AND,
a change of zoning from B-2 Community-Business Dis-
trict to A-1,Apartment 6istrict on a 4.5-acre parcel.
This property is located along the west side of
Kempsville Road, south of Indian River Road (Kempsville
Borough).
1. Letter from the Citv Manager transmits the
recoT=endation of the Planning Commission
for approval.
H. UNFINISHED BUSINESS
1. NEW BUSINESS
J. ADJOURN14ENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 April 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 Bui.lding, on Monday,
April 18, 1983, at 12.40 p.m-
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, 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
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ITEM #19754
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 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 motion by Councilwoman Creech, seconded by Councilman
Baum, City Council voted to proceed into the EXECUTI'VE
SESSION following the INFORMAL SESSTON.
Voting: 11-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
None
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M A T T E R S B Y T H E M A Y 0 R
ITEM #19755
Mayor Jones thanked Councilman Jennings for providing the
danish pastries during the meeting with the City's
representatives in the General Assembly.
M A T T E R S B Y C 0 U N C I L M E M B E R S
COUNCIL ESCORTS ITEM #19756
Vice Mayor Henley requested those C,,n,il Members wbo have not
contacted her as to the person they would like to esc,,t d,,ri,,g
the Special Meeting Sunday, April 24, 1983, to do so as soon as
pos sib le .
ORDINANCES/WESTMINSTER CANTERBURY ITEM #19757
Councilwoman McClanan advised Council on the Consent Agenda,
II-F-4, Ordinance to amend and reordain Section 6-6 of the Code
of the City of Virginia Beach pertaining to taking food or drink
on beach or adjacent streets, she would like the following wording
added:
It shall be unlawful for any person to take,
carry or have in his/her Possessi,n . . .
FIRE DAMAGED STRUCTURES ITEM #19758
Councilman Jennings asked if the debris from the fire damaged
hotels, (Ivanhoe and Avalon) had been removed from the Beach
area.
The City Manager advised the Ivanhoe requested two extensions
on the removal of the debris, which were granted; however, the
request for an additional extension was denied. The debris
should be removed during this m.,,th (April 1983).
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C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
BUDGET ITEMS ITEM #19759
The City Manager presented Council some additional information
they requested concerning budget matters.
SECTION 38-6 ITEM #19760
The City Manager advised on the INFORMAL Agenda he placed
the Ordinance to amend and reordain Section 38-6 of the
Code of the City of Virginia Beach, Virginia, pertaining
to the permits for purchase of certain weapons for further
discussion by City Council.
City Council requested a briefing by Chief Wall concerning
the proposed Ordinance.
STATE HIGHWAY PROJECT ITEM #19761
The City Manager asked John Herzke, Traffic Engineer, to make
a presentation to Council concerning the request of the City
of Norfolk to upgrade Virginia Beach Boulevard and Newtown
Road signals and service roads.
Mr. Herzke advised the City of Norfolk is in the process of
designing a signal and road geometric change for their section
of Virginia Beach Boulevard from Newtown Road to Broad Creek
and construction will begin approximately in April of 1984.
In order to accomplish that project where it meets Virginia
Beach at Virginia Beach Boulevard and Newtown Road, the City
of Norfolk has asked the City to upgrade its service roads
(by making them one-way) in that area.
The City Manager advised this matter will be reviewed by Council
and then Public Hearings will be held.
CONSENT AGENDA ITEM #19762
Councilman Kitchin requested informati.on concerning II-F.9,
Resolution authorizing an addition to a nonconforming structure
known as Steinhilber's Thalia Acres Inn located at 653 Thalia
Road, and requested the applicant voluntary agree to provide
sixteen additional parking spaces.
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Councilman Jennings advised he had several questions on II-F.2,
the Resolution authorizing the City Manager t, e,te, int, ,
contract for an independent audit for the City of Virginia Beach
for the Fiscal Year ending June 30, 1983, and asked if City
Council voted to direct the City Manager to select the firn, ,f
A. Lee Rawlings?
This matter will be removed fr,m th,? CONSENT AGENDA and con-
sidered separately.
Councilwoman Oberndorf advised she had several questions on
II-F-7, th. Ordi.ance on first reading to increase estimated
revenues and transfer Capital Project funds for street
improvements to the 100 block of 68th Street, and requested
all funds be returned to the Kempsville Road, Phase II,
project.
The City Manager assured Coun,il that funds will be returned
to the Kempsville Road Project by 1984.
Councilwoman Oberndorf advised she had some concerns on II-F.8,
the Ordinance authorizing the City Manager to vacate a 10' drainage
easement to Anterra Partners New Lease Fund 1, across Parcel A-3,
5277 Princess Anne Road, Kempsville Borough (Pi,,a Hut of America,
Inc.).
Councilman Jones made several comments on the tax refunds and
requested information as to why some citizens had do,bl,
assessments.
Councilman Baum noted the last item on the CONSENT AGENDA was
Raffle Permits and requested that Bingo/Raffle Permit applications
be presented on the Council Agenda once a month or even quarterly
rather than weekly.
Vice Mayor Henley advised a ,rrection is needed to the Minutes
of April 11, 1983, Item #19743, denial of the Bingo Permit of
Plaza Dance, Figure and Speed Skating Club, to include items
outlined in her letter.
Councilman Kitchin advised he has received several telephone
calls from residents in the Beach Borough concerning construction
in their area, which will continue for approximately sixty (60)
days. The residents have stated the construction was ruining
their businesses.
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Secondly, the City has made small line repairs in the Beach
Borough, which were essential for fire protection, etc.; however,
several problems have been created because of this.
Councilman Kitchin requested the City meet with the Associations
in the Virginia Beach Borough, along with representatives of the
North End, to define what the citizens and business people refer
to as the "Season" for construction.
The City Manager advised the "Season" could be defined as
November, December, January, February and March, which
would provide the City six months to complete projects.
City Council RECESSED into EXECUTTVE SESSION, (1:40 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 April 1983
2:25 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, 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: Mrs. Jeanne Husmann
First Reader
First Church Christ Scientist
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #19763
Upon motion by Councilwoman McClanan, seconded by Councilwoman
Creech, City Council voted to APPROVE the Mi,,t,, f the Special
Meeting of April 6, 1983, as amended by the City Attorney
(Ordinance concerning Cox Cable Virginia Beach).
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
whether or not the City has, or should have, that authority. Since
the IRS purportedly has the responsibility of auditing nonprofit
organizations in order to assure that they retain acceptable non-
profit status, is that check sufficient to meet the intent of the
General Assembly, or is it the responsibility of the City to
pursue the audit further? If it is deemed to be the City's
responsibility to track the Bingo funds throughout the organization's
use of those monies, what will be the cost to the City? Are present
fees and charges sufficient, or will they have to be raised to oover
additional costs? If so, what effect will that have on the nonprofit
@organizations?
I am inclined to suspect that, as in other problems that we have
encountered in determining the intent of the General Assembly regarding
Bingo/Raffles, we may find that direction is unclear. I do think that
we should immediately pursue these questions regarding the City's
responsibility, particularly in relation to Bingo audits, and that
if we find that clarification in the law is necessary, I suggest that
we request the General Assembly to consider addressing those matters
at its next session.
Sincerely yours,
't-arbara M. Henley
4 18 8 3
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ITEM II-D.2 ITEM #19764
Upon motion by Vice Mayor Henley, seconded by Councilwoman
Oberndorf, City Council voted to APPROVE the Minutes of the
Regular Meeting of April 11, 1983, as corrected:
Item #19743 - ...uphold the recommendation of the
City Manager and DENY the application of Plaza
Dance, Figure and Speed Skating Club for a Bingo
Permit, follow the instructions of Vice Mayor
Henley's letter and ask the City Manager and City
Attorney to address the concerns of the Vice Mayor
and report back to Council.
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
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@it@ (Df @i@g;iraiia
.... .......
April.11, 1983
T.Ile Honorable ,4ayor
Members of the Council
Dear Council 14embers:
Subsequent to Ms. Jean Campbell's appearance at our ,4arch 28 City
Council meeting at which she raised questions regarding the Bingo
application by the Plaza Dance, Figure and Speed Club, I received
in-formation from her which questioned several aspects of the City's
handling of Bingo and raffles in Virginia Beach.
I asked both @Like @rett and Comonwealthts Attorney Paul
Sciortino to examine the questions raised by Poseidia. Also, of
course, we have the op @ on from the City Attorney's Office regarding
the questions specifically raised at the March 28 Council meeting.
In response to what I have subsequently learned, -L would
respectfully make the following suggestions: Clearly, as the City
Attorney's Office indicates, we must adhere strictly to the re-
quirements of Virginia Code Section 18.2-340.3(4). If there are
any other or@.anizations with existing Bingo pe@ts, whose gross
receipts have exceeded $75,000 but who have not yet been granted
tax exempt s'@atus by the IRS, those permits should be revoked until
the organization nieets that requirement.
In the future, I believe that we should require all applicants
for Bingo permits to obtain tax emempt status before we grant a permit,
since any organization "dan be expected to exceed $75,0001, in gross
receipts in order for Bingo to be a lucrative venture.
The second major concern relates to the question of tracking
the Bingo profits after they are transferred into the o@ganization's
general fund. I understand that an opinion is being sought as to
4 18 8 3
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P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #19765
Mayor Jones read the Resolution in Recognition and presented same
to Linda Miller for her continuing efforts in keeping Virginia
Beach Beautiful.
C 0 N S E N T A G E N D A
ITEM IT-F ITEM #19766
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-F.2 and II-F.8 which will be considered 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
1 3 -
ITEM II-F.1 ITEM #19767
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution in Recognition to Mrs. Linda Miller.
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
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RESOLUTION IN RECOGNITION
WHEREAS-.
The Virginia Beach City Council regularly assembles to
deliberate upon the affairs of business, legislation and City
policy, aware that the manv facets of municipal government must
be coordinated with social, cultural and human functions to
insure the health, safety and happiness of its citizens.
Among the more pleasant duties is Council's responsi-
bility to recognize those whose contribution to society make this
City a better place in which to live, work and play.
Mrs. Linda miller, a member of the Virginia Beach Clean
Community Commission has served as Chairperson of the successful
1982 and 1983 Clean Community "Awareness Week' as well as the
Council of Garden Cltib's Litter Control Committee. She has
faithfully attended Commission meetings since the creation of the
Virginia Beach Clean Community Comission and its predecessor, the
Virqinia Beach Clean Community Program. She wrote, produced and
acted in the television play "The Forest Green". Her enthusiasm
and creativity gave birth to "LEOPOLD, the Litter Critter' and
she personally designed and created Leopold's costume. She has
appeared as "Leopold" in more than one hundred appearances with
school audiences, in parades and other events to campaign against
litter and make Virqinia Beach Beautiful.
NOW, THEREFORE, BE IT RESOLVED: That on behalf of
almost 290,000 Virqinia Beach citizens, the members of City
Council recognizes a dedicated, enthusiastic, effective and in-
novative
L I N D A M I L L E R
That the Virqinia Beach City Council publicly thanks mrs. miller
for her contin,iinq efforts and the reputation Virginia Beach
enjoys as a CLEAN CITY for visitors from every walk in life and
every country in the world.
BE IT FURTHER RESOLVED: That the Clerk of Council
frame this Resolution for presentation and spread a copy upon the
record of this Formal Session of the Virginia Beach City Council.
Given under my hand and seal this
Eighteenth day of April,
Nineteen Hundred and Eighty-Three.
Mayor
- 1 5 -
ITEM II-F.3 ITEM #19768
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted t. ,phold the recommendation of the City Manager
and ADOPT the Resolution authorizing the City Attorney and City
Manager to make application to the Virginia Department of TransportatiOn
Safety for sufficient funds to allow R. J. Nutter, II, Assistant City
Attorney, to attend the Program 6f Instruction for Lawyers Program
(P.I.L.).
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
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A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 18th day of April
1983.
On motion by Councilman McCoy and seconded
by Councilman Heischober the following Resolution
was adopted.
R E S 0 L U T I 0 N
WHEREAS, the City Attorney's office desires to make
application to the Virginia Department of Transportation Safety
for sufficient funds to allow R. J. Nutter, II, Assistant City
Attorney, to attend the P.I.L. Program at Harvard Law School
between July 11, and July 23, 1983; and .
WHEREAS, the Virginia Department of Transportation
Safety has indicated an interest in funding Mr. Nutter's
involvement in the P.I.L. Program at Harvard Law School once
the City has submitted the appropriate application.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That if the grant is approved, J. Dale Bimson, City
Attorney, and Thomas H. Muehlenbeck, City Manager, are hereby
authorized to make application to the Virginia Department of
Transportation Safety to pay for the expenses of R. J. Nutter,
II, Assistant City Attorney, to attend the P.I.L. Program at
Harvard Law School between July 11, and July 23, 1983.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 18 April 1983.
RJN/cb
4/8/83
APPROVED AS TO CONTENT
-1 7 -
ITEM 11-F.4 ITEM #19769
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City MaRager
and ADOPT the Ordinance to amend and reordain Section 6-6 of the
Code of the City of Virginia Beach pertaining tc) taking food or
drink on beach or adjacent street AND to include the amendment
OR IN POSSESSION OF.
Voting: 1 1 - 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
Requested by: Councilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
TAKING FOOD OR DRINK ON BEACH OR
ADJACENT STREETS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-6 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 6-6. Taking food or drink on beach or adjacent streets.
It shall be unlawful for any person to take or carry or
have in bis possession upon the sand beaches or upon any public
street or right-of-way adjacent to any of the sand beaches within
the Borough of Virginia Beach, or upon the beach acl@eeent!-t!O-L-he
f,ynnhaven-Fishing-Pier-or-the-beeeh at Little Island
Park--Sandbridge, any glass, bottle, can, cup, paper bag, paper
box, wooden box, basket, styrofoam container or container of any
kind containing alcohol, beverages, soft drinks, food,
nourishment or refreshments of any kind.
It shall be unlawful for any person to take or carry or
have in his possession upon the sand beaches or upon any public
street or right-of-way adjacent to any of.the sand beaches on the
Chesapeake Bay, lyinq between Whaler Court on the east and Kleen
Street on the west, from 6:00 P.m. to 9:00 A.M. from.May 15 to
September 30 of each year, any glass, bottle,_can, cup, pap@r_
baq, paper box, wooden box, basket, styrofoam container or
container of any kind containing alcohol, everages, soft drinks,
food,, nourishment or refreshments of any kind.
Adopted by the Council of the City of virginia Beach,
virginia on the __ day of 1983.
3/7/83 APPROVED AS TO CONTENT
4/12/83
4/19/83 SIGNATURE
4/20/83
(D) DEPARTMENT
APPROVED AS TO FOITM
Sic,, - T..!7-
CITY AT".@@,EY
- 1 9 -
ITEM II-F.5 ITEM #19770
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to accept Grants totaling
$34,854 from the Virginia Department of Transportation Safety and
to appropriate these funds.
Voting: 11-0
Council Members Voting Aye:
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 Voting Nay:
None
Council Members Absent:
None
- 2 0 -
AN ORDINANCE TO ACCEPT GRANTS
TOTALING $34,854 FROM THE
VIRGINIA DEPARTMENT OF TRANSPOR-
TATION SAFETY AND TO APPROPRII@TE
THESE FUNDS
WHEREAS, City Council is interested in improving traffic
safety and reducing traffic accidents within the City of
Virginia Beach. and
WHEREAS, grants totaling $34,854 from the Virginia Depart-
ment of Transportation Safety are available for these purposes;
and
WHEREAS, no local funds are required.
THEPEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds from the above grants be
accepted and $34,854 be appropriated to carry out the programs
as follows:
PoIlL e@Department
1. DUI q'ask Force Prograri - $ 5,400
Public @7orks, Traffic Engineering Division
1. Traffic Engineering Software and Hardware- 27,787
Purchase
2. Traffic Engineering Training - 1,667
Total Appropriati-on $34,854
BE IT FURTHER ORDAINED that estimated revenues from the
federal government be increased by $34,854 to finance the
appropriation.
This ordinance shall be effective from the date of
adoption.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ON
THE 18th DAY OF April 1983.
First Reading: April 11, 1983
Second Reading: April 18, J983
APPROvED AS TO CC)N7E@4T
- 2 1 -
ITEM II-F.6 ITEM #19771
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance to exempt the Community
Development Program from indirect costs as determined by the Cost
Allocation Plan for Program Years 3 - 7.
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
AN ORD7';';';'@r -HE
C@IM U,'@ 7 7 'AM
FROM 't;,:R;7 @-7 -OSTS AS DETERMINED
BY T@'
E PLAN FOR
PROGRAM '(E,'IRS 3 - 7
14,HEREAS, the Off@ce o@ CUS4 ng and :Ommunity Development (HCD) for
the CitY of Virginia Beach has incurred indirect costs during their 3rd, 4th,
5th, 6th, and 7th program years, and
WHEREAS, the City of Virginia Beach has not been reimbursed for these
indirect costs, and
WHEREAS, HCD did not budget for these costs and does not have adequate
approprialions available to make pay'nent to the city, and
WHEREAS, the Citizens Advisory Cc,-.nittee (CAC) has unanimously re-
commended that the City of '@'irginia Beach 7o, charge the Co.7Fnunity Development
program for these indirect costs in these program years but begin charging the
program in the 8th year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That indirect costs as determined by the cost allocation Plan for
HCO program years 3, 4, 5, 6, and 7 in the amounts listed below not be charged to
the Community DeveloDment Program:
Program Year Indirect Costs
3 $ 5,295.00
4 67,818.00
5 29,536.00
6 38,031.00
7 40,000.00 estimated
S 180,680.00
FIRST READING: 18 April 1983
Adopted by the Council of the C"'y of Virginia Beach on the day
of 1983.
- 2 3 -
ITEM 11-F.7 ITEM #19772
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance to increase estimated
revenues and transfer Capital Project funds for street improvements
to the 100 block of 68th Street with the understanding that funds
will be returned to the Kempsville Road Phase II Project as soon
as possible .
Voting: I 1-0
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 4. -
AN ORDINANCE TO i'l-CRE-IS@ ESTI'@i.4T-L
REVE'1/2UES A@ND TRA:;S@ER CAPITIL PROJECT
FUNDS FOR STREET I'IIPROVE"IE,,;TS TO THE
100 BLOCK OF 68TH STREET
'IVHERr-.AS, on \o@,ember 28, 1977, City Council accepted
-he report of the Nlayor's Co,.nmittee on North Virginia
Beach, and
IVHEREAS, this report among other considerations
reco=ended guidelines for constructing and financing
street improvements to parallel streets between Cavalier
Drive and 89th Street, and
WHEREAS, the owners of property on the north side
of 68th Street, 100 Block, have agreed to pay their pro-
rata share of the cost to install curb and gutter along
their street, and
WHEREAS, the total cost for street improvements to
the 100 Block of 68th Street is $25,630 to be financed
as follows:
(1) Property owner's share $ 2,792
(2) City's share $22,838
WHEREAS, the city's share can be provided by a
temporary transfer from project 2-911 Kempsville Road -
Phase II with the project funds being restored with the
issuance of 1983 Charter Bonds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that capital project funds of $22,838
are hereby transferred from project 2-911 Kempsville Road -
Phase II to project 2-837 Various Public Improvements as
the city's share for participalion in street improvements
to -.be 100 B'.ock of 68th Street.
Be it further ordained that funds of $2,792 are hereby
azoroor@-a-.ed to project 2-837 Various Public Improvements
as 7-e property owners' share for participation in tbe
pro--ect and that Estimated Revenues be increased by a like
amoun,.
-@.a-, -,@ie aoove pro--,ec- s',iall
nc-, be per---or.-,Ied uniii r@-c3r,-: property owners have paid
or entered -nl@o an agre@-m@-.ni -@ na% their pro-rata share
0,@ the cost of tbese
-h@-s ord@-nance sha'-! '--e e@@-eclive upon date of
adoption.
Adopted bv tbe council@ of the City of Virginia Beach
on the dav of
First Reading:
Second Reading:
- 2 6 -
ITEM II-F.9 ITEM #19773
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing an addition to a nonconforming
structure known as Steinhilber's Thalia Inn located at 653 Thalia
Road.
Voting: I 1- 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
- 2 7 -
At a meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
City Hall Building, on the 18 day of April , 1983.
On motion by Counc 0 and seconded by
Councilman Heischcb4r the fo owing =umt@n was adopted.
R E S 0 L U T I 0 N
WHEREAS, Steven E. Steinhilber desires to construct an
addition to his restaurant, known as Steinhilber's Thalia Acres
Inn, located at 653 Thalia Road, Virginia Beach, Virginia. Said
addition is shown as the hatched area on the attached survey; and
WHEREAS, the present use and existing structure do not
conform to the provisions of the Comprehensive Zoning Ordinance
because restaurants are not allowed in the R-3, Residential
District; and
WHEREAS, pursuant to S105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement or
extension of a nonconforming use and the enlargement of a noncon-
forming structure if Council finds that the use as enlarged or
extended and the structure as enlarged are equally appropriate or
more appropriate to the zoning district than are the existing
nonconformities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that the enlargement or
extension of the nonconforming use and the enlargement of the
nonconforming restaurant, known as Steinhilber's Thalia Acres
Inn, located at 653 Thalia Road, Virginia Beach, Virginia, as
shown on the attached survey, which is herein incorporated by
reference, are equally appropriate or more appropriate to the
zoning district in which they are located than are the existing
nonconformities, and the City Council hereby authorizes the en-
largement or extension of the nonconforming use and the enlarge-
ment of a nonconforming structure in the manner shown on the
attached survey.
Adopted by the Council of the City of Virginia Beach,
virginia, on IR A@, il I OR 'A
CMS/Ci/da
4@7/83
2 8
olox
CD
- 2 9 -
ITEM II-F.10 ITEM #19774
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to authorize acquisition of property in fee
simple for right-of-way of Princess Anne Road Project Phase II Water
Main Project CIP 5-937 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, B. 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 0 -
AN ORDINANCE TO AUTTIORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY
OF PRINCESS ANNE ROAD PROJECT PHASE 11
WATER MAIN PROJECT CIP 5-937 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 public utility project to serve
the residents of the City 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 acquire 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, "PRINCESS ANNE ROAD PHASE II WATER MAIN PROJECT" 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 Iqth day of April 19 83
JAR/sm
(C.2) AP@OVEC
- 3 1 -
ITEM 11-F.11 ITEM #19775
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance appointing Viewers in the petition of Lynn
Beach Associates for the closure of a portion of Kleen Street and
Holly Avenue (a/k/a Cape lienry Crive), in the 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, 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 2 -
ORDINANCE PPOINTING VIEWERS
WHEREAS, Lynn Beach Associates, a Virginia general partner-
ship, has given due and proper notice, in accordance with the
statutes for such cases made and provided that they will on
April 18, 1983, apply to the City Council of the City of Virginia
Beach, Virginia, for the Appointment of Viewers to view the below-
described property and report in writing to the Council whether,
in the opinion of said Viewers, and, and if any, what inconveni-
ence would result from the discontinuance of the hereinafter
described portion of those certain streets of variable width,
and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT R @l,-, @ I
David M. Grochmal and C. Oral Lambert
are hereby appointed to view the below-described property and
report in writing to the council, as soon as possible, whether
in their opinion, any, and if any, what inconvenience would
result in the discontinuing and vacating of those portions of
those certain streets of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
ALL THOSE certain parts or portions of Holly Avenue
(also known as Cape Henry Drive) and of Kleen Street
being and located in the City of Virginia Beach,
Virginia, and being more particularly described as
follows: Beginning at a point in the southwestern
corner of Lot 22, Block 1, on the Plat of Lynnhaven
Beach wich said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 5, at Page 71; from said
point of beginning, thence N 051 211 W along the
eastern line of Kleen Street to a point, which point
is the intersection between the eastern line of Kleen
Street and a prolongation in an eastward direction of
the northern lot line of Lot 18, Block 8, Plat of
.Lynnhaven Shores (M.B. 7, P. 167 in the afo@esaid
Clerk's office); thence S 80* 08' W 60.19 feet to a
point in the western line of Kleen Street, which
point is also the northeastern corner of said Lot 18;
thence S 051 211 E along the western line of Kleen
Street a distance of 220 feet to the northwestern
intersection of Kleen Street and Holly A@ienue (a/k/a
Cape Henry Drive); thence S 801 081 W along the northern
line of Holly Avenue 167.04 feet; thence S 09@ 52' E 25
3 3 -
feet; thence N 80- 8' E 402.53 feet; thence N 091 521
W 25 feet to the southeast corner of Lot 22 in said
Block 1; thence s 8o- 08, W 175.3 feet to the place
or point of beginning.
All the above as shown upon that certain plat entitled
"Street Closure Plat Portions of Kleen Street and Holly Avenue,"
which plat is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the afore-described
streets.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighteenth day of April, 1983
-2-
3 4-
ITEM II-F.12 ITEM #19776
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance authorizing the City Treasurer to execute
and file for exemption from federal withholding on interest under
the Federal Tax Equity and Fiscal Responsibility Act of 1982 with
the Internal Revenue Service.
Voting: I 1- 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
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- 3 5 -
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY TREASURER TO EXECUTE AND FILE
FOR EXEMPTION FROM FEDERAL WITHHOLDING
ON INTEREST UNDER THE FEDERAL TAX EQUITY
AND FISCAL RESPONSIBILITY ACT OF 1982
WITH THE INTERNAL REVENUE SERVICE
WHEREAS, beginning July 1, 1983, Federal law requires
that payers of interest, dividends, or patronage dividends
must withhold 10% of each payment as Federal income tax
withheld; and
WHEREAS, the City of Virginia Beach, as a political
subdivision of the State of virginia, is entitled to exemption
from the withholding requirem--nt;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the City Treasurer, on behalf of the City of
Virginia Beach, is authorized to execute requests for exemption
from the withholding requiremen-1, under the Federal Tax Equity
and Fiscal Responsibility Act of 1982, and file such requests
with the institutions which from time to time are depositories
of the accounts of the city.
ADOPTED 18 April 1983
Appp.OV'.0 AS T--
GGD:JDB:er
4-12-83
- 3 6 -
ITEM II-F.13 ITEM #19777
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 $813.87.
Voting; I 1- 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
RM NO. C.A. 7
3 7 - 4/8/83 EK
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, VFRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!o Penalty Int. Total
Year of Tax Number tion No. paid
Mary C K Essa 82 pp 39186-7 6/5/82 94.50
Cheryl M Overton 82 pp 95458-6 3/3/83 94.45
Terry Browning 82 pp 143667-1 3/4/83 25.60
Stephen & Diane Wesolowski 82 pp 134612-6 3/18/83 44.81
VNB Mortgage Corp 83 RE(1/2) 61045-9 12/3/82 20.16
Vanderiet White Const Co 83 RE(1/2) 83302-1 12/5/82 7.68
Hampton Courts 83 RE(1/2) 33816-5 10/27/82 341.48
John & Ann Costenbader 83 RE(1/2) 17494-7 12/5/82 17.98
Citizens S & L Assoc 83 RE(1/2) 45543-9 12/5/82 68.88
Lomas & Nettleton 83 RE(1/2) 89017-4 11/12/82 23.33
Marcellus Patterson III 82 Pkng 19056 4/1/83 12.00
Wallis E Damon Jr 82 Pkng 65121 3/23/83 20.00
Ann Y Guess 83 Pkng 57218 2/1/83 12.00
Robert Spillane 83 Dog V6531 2/1/83 7.00
Robert Spillane 83 Dog V6532 2/1/83 7.00
Robert Spillane 83 Dog V6533 2/1/83 2.00
Lettie E Gregory 83 Dog V7799 3/16/83 5.00
Lettie E Gregory 83 Dog V7800 3/16/83 5.00
Stephen Mishkofski 83 Dog V15877 2114/83 5.00
Total 813.87
r
'T
APR I
DEPT. OF LAW,
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling ce to
$ 8 1 3 . 8 7 were appi,oved by -7 1
the Council of the City of Virginia I
Beach on the I 9 day of A p r i I
John Atkiihon-Trelasurer
Approved as to form:
Ruth Hodges Smith
City Clerk @/Ld- - 4
@l Dale Bim@
- 3 8 -
ITEM 11-F.14 ITEM #19778
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Raffle Permits:
Virginia Beach Little League
Cox High School Band Parents
Deputy Sheriffs Association
Virginia Beach Association for Gifted and
Talented
V ot ing: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jenni.ngs,
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
- 3 9 -
ITEM II-F.2 ITEM #19779
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing the City Manager to enter into
a contract for an independent audit of the City of Virginia Beach
for the fiscal year ending June 30, 1983. (A. Lee Rawlings and
Company.) This matter was deferred on March 28, 1983, April 4,
1983, and for at least one week on April 11, 1983.
Voting: I 1- 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
- 4 0 -
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT
FOR AN INDEPENDENT AUDIT OF THE
CITY OF VIRGINIA BEACH FOR THE
FISCAL YEAR ENDING JUNE 30, 1983.
WHEREAS, requests for proposals have been distributed to
various accounting firms for an independent audit of the financial
statements of the City of Virginia Beach for the fiscal years
ending June 30, 1983, 1984, and 1985, and
WHEREAS, funds have been provided for the audit cost for
the fiscal year ended June 30, 1983, in the FY 1983 Operating
Budget and the FY 1984 Proposed Operating Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby
authorized to enter into a one-year contract with A. Lee Rawlings
and Company to perform an independent annual audit of the City of
virginia Beach for the fiscal year ending June 30, 1983. Unless
cancelled by either party, the contract will automatically renew
for a second and third year.
Adopted by Council of Virginia Beach, Virginia, on the
18 day of April 1 1983.
- 4 1 -
ITEM II-F.8 ITEM #19780
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted t. DEFER ONE WEEK (April 25, 1983), the Ordinance
authorizing the City Manager to vacate a ten-foot drainage easement
to Amterra Partners Net Lease Fund I, across parcel A-3, 5277
Princess Anne Road, Kempsville Borough (Pizza Hut of America, Inc.).
Voting: I 1- 0
Council Members Voting Aye: (for deferral)
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
4 18 8 3
4 2 -
REQUESTED BY: PUBLIC WORKS
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO VACATE A 10' DRAINAGE
EASEMENT TO AMTERRA PARTNERS NET
LEASE FUND I, ACROSS PARCEL A-3,
5277 PRINCESS ANNE ROAD,
KEMPSVILLE BOROUGH (PIZZA HUT OF
AMERICA, INC.)
WHEREAS, by Deed, dated September 19, 1979, and recorded in
the Clerk's Office of the Circuit Court of the City Of Virginia
Beach, in Deed Book 1448, at Page 573, Robertson-Zachary &
Associates, predecessor in title to Amterra PartnerS Net Lease
Fund I, conveyed to the City of Virginia Beach a perpetual
right-of-way and drainage easement, shown as 'EXISTING 101
DRAINAGE EASEMENT; D.B. 1448, P. 573 HEREBY VACATED,' on the
attached plat entitled "PLAT SHOWING 10' DRAINAGE EASEMENT D.B.
1448 P. 573 TO BE RELOCATED KEMPSVILLE BOROUGH VIRGINIA BEACH,
VIRGINIA,' dated January 27, 1983, revised April 6, 1983,
(hereinafter Exhibit A); and
WHEREAS, inasmuch as an alternate drainage route is now
feasible, Ainterra Partners Net Lease Fund I, the fee simple
owner, and Pizza Hut of Virginia, Inc., its lessee, have
requested that the City of Virginia Beach release its right and
interest in the 'EXISTING 10' DRAINAGE EASEMENT; D.B. 1448, P.
573 HEREBY VACATED," as shown on Exhibit A; and
WHEREAS, First Virginia Bank has consented to the relocation
of the 110' DRAINAGE EASEMENT HEREBY DEDICATED' and to the
vacation of the "EXISTING 10' EASEMENT; D.B. 1448, P. 573 HEREBY
VACATED;' and
WHEREAS, Pizza Hut of Virginia, Inc., has agreed to
reconstruct the drainage facility at no cost to the City of
Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That, pursuant to the foregoing agreements, the City Manager
is hereby authorized to execute a Deed of Vacation and Quitclaim
(a copy of which is attached hereto and incorporated herein by re-
ference) , releasing the City's right and interest in the "EXISTING
- 4 3 -
10' DRAINAGE EASEMENT,' as shown on Exhibit A, on the condition
that Amterra Net Lease Fund I grant to the City of Virginia Beach
the alternate drainage facilities entitled "10' DRAINAGE EASEMENT
HEREBY DEDICATED," as shown on Exhibit A, and that the alternate
drainage facilities be constructed at no cost to the City of
Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on
CJ/da
4/5/83
4/8/83
Alt. 3 Disk
Deferred by the Council of the City of Virginia
Beach, Virginia, Eighteen day of il, 1983
-2-
- 4 4 -
P L A N N I N G A G E N D A
ITEM II-G.l.a ITEM #19781
Allen Donn representing the applicant
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of ROBERT M.
STANTON- for a Variance to Section 4.4(d) of the Subdivision
Ordinance as pe the following:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordinance,
Subdivision for Robert M. Stanton. Property located
6418.31 feet more or less east of the intersection of
First Court Road and Greenwell Road in the Subdivision
of Bayville Farms. Plats with more detailed information
are available in the Department of Planning,
The applicant wishes to subdivide a 5.9-acre parcel off
of a larger 297-acre tract. The site, known as Bayville
Farm, is located 6418.31 feet east of the intersection of
First Court and Greenwell Roads.
Voting: 11-0
Council Members Voting Aye:
John A. Baurn, 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
*Corrected from Agenda (Robert S. Bray)
- 4 5 -
ITEM II-H.l.b ITEM #19782
George Cardin, Jr., Branch Manager of Waco Equipment Company,
represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
WACO EQUIPMENT COMPANY for a Conditional Use Permit as per
the following:
ORDINANCE UPON APPLICATION OF WACO EQUIPMENT R0483535
COMPANY FOR A CONDITIONAL USE PERMIT FOR A
BnK STORAGE YARD
BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Waco Equipment Company for
a Conditional Use Permit for a bulk storage yard on cer-
tain property located at the Northwest corner of Rouse
Drive and Mac Street, running a distance of 207.62 feet
along the North side of Rouse Drive, running a distance
of 218.4 feet in a Northwesterly direction, running a
distance of 100 fe6t in a Southwesterly direction,
running a distance of 88.35 feet in a Northwesterly
direction, running a distance of 330.61 feet along
the Northern property line and running a distance of
290.16 feet along the West side of Mac Street. Said
parcel contains 1.64-acres. KEMPSVILLE BOROUGH.
As a condition of the use permit, the following is required:
1. A 10-foot dedication along the frontage on Rouse
Drive, 25-feet from the centerline of the existing
30-foot right-of-way to provide for an ultimate 30-
foot standard right-of-way.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of ril, 1983
46 -
Voting: I 1- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, B. 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
- 4 7 -
ITEM II-G.2.a ITEM #19783
Reverend Fritz Stegeman spoke in behalf of the application
Upon motion by Councilman Jennings, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of THE
CITY OF VIRGINIA BEACH, DEPARTMENT OF GENERAL SERVICES, for a
Conditional Use Permit;
AND,
ADOPT the Resolution authorizing the City Manager to enter into
a lease agreement between the Open Door Chapel and the City of
Virginia Beach. (City Council voted to expedite this application
on March 14, 1983.)
ORDTNANCE UPON APPLICATION OF THE CITY OF R0483536
VIRGINIA BEACH, DEPARTMENT OF GENERAL
SERVICES, FOR A CONDITIONAL USE PERMIT FOR
A SANITARIUM (NON-MEDICAL ENVIRONMENTAL
ALCOHOL DETOXIFICATION CENTER)
BE IT ORDATNED BY THE COUNCTL OF THE CTTY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of the City of Virginia Beach,
Department of General Services for a Conditional Use
Permit for a sanitarium (Non-Medical Environmental Alcohol
Detoxification Center) on certain property located 150 feet
South of Virginia Beach Boulevard beginning at a point 290
feet East of Groveland Road, running a distance of 200 feet
along the Northern property line, running a distance of 175
feet along the Eastern property line, running a distance of
145 feet along the Southern property line, running a distance
of 115 feet in a Northerly direction, running a distance of
55 feet in a Westerly direction and running a distance of
64.50 feet in a Northerly direction. Said parcel is located
at 3177 Virginia Beach Boulevard and contains 29,596.50-square
feet. LYNNHAVEN BOROUGH.
During further review of the development plans for this
project, the following may be required by the staff:
1. City water and sewer.
2. Installation of automatic sprinkler system meeting the
the requirements of the City Fire Protection Engineer.
As conditions of the use permit, the following are required:
1. Approval is for a period of three (3) years.
2. Privacy and security fencing to be provided, as
determined by the staff.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of April, 1983
-48-
Requested By: Community Services Board
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 18 day of april 1983.
On motion by,-Councilman Jennings and seconded by
Councilwoman Oberndorf Ehe following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Community Services Board is in need of a
site on which to locate a modular building to serve as a
temporary alcohol detoxification center; and
WHEREAS, the Open Door Chapel owns a site on Virginia
Beach Boulevard which is suitable for such facility, and is
willing to make such site available to the Community Services
Board for such use in exchange for the sum of One Dollar ($1.00)
per year.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to sign the
attached agreement, between the Open Door Chapel and the City of
Virginia Beach, on behalf of the City and the Community Services
Board.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 18 April 1983.
GLF/re
4/12/83
APPROVED AS T!4 CONTENT
S@GNATL;RE
,Zaw
DEPARTME@JT
APPRO@,'r-D A7@@ FO!l@%
4 9 -
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, llarold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. E.
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
- 50-
ITEM II-G.2.b ITEM #19784
COUNCILMAN JENNINGS LEFT COUNCIL GEAMBERS
The City Clerk read a letter from Attorney Frank E. Butler, Ill,
requesting this matter be continued from April 4, 1983, to today,
April 18, 1983. (A copy of which will be made a part of these
proceedings.)
Upon motion by Councilman Kitchin, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of RUNNINGTON INVESTMENT
CORPORATION for a as per
the following:
ORDINANCE UPON APPLICATION OF RUNNINGTON Z0483715
INVESTMENT CORPORATION FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM 1-1
LIGHT INDUSTRIAL DISTRICT TO B-4 RESORT-
COMMERCIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Runnington Investment
Corporation for a Change of Zoning District Classifi-
cation from I-I Light Industrial District to B-4 Resort
Commercial District on the South side of Pinewood Drive,
100 feet West of Mediterranean Avenue. Said parcel is
located on Lots 17 and 18, Block 8, Pinewood, and contains
6381-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 maps the
following conditions will be met:
1. The applicant will voluntarily record a deed
restriction limiting the use of this land to
multiple-family development.
2. Resubdivision of the property and vacation of
existing lot lines to avoid the creation of
nonconforming lots.
3. A five-foot dedication along the frontage on
Pinewood Drive, 25-feet from the centerline of
the existing 40-foot right-of-way, to provide
for an ultimate 50-foot standard right-of-way.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of April, 1983
5 1 -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, 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:
H. Jack Jennings, Jr.
5 2 -
BUTLEP, AND BUTLEP,
..... ... 1. .1@ .... @ O..
F@A.@ E. e.T@ER, M VIR.GINIA BEACH, VIRGINIA 23451
'RANK E. BUTLER, JR.
April 5, 1983
City Clerk
City of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia 23456
Re: Change of Zoning
Runnington Investment Corp.
Gtnelemen:
The above captioned matter was scheduled to be heard by the City
Council on Monday, April 5, 1983 at 2:00 o'clock p. m.
Due to a death in my family I requested that the matter be continued.
This is to confirm the date of Monday, April 18, 1983 at 2:00 o'clock
as the continuance date of this matter.
Sincerely,
FRANK E. BUTLEI, III
FEB ;II/hd
4 18 8 3
- 5 3 -
ITEM II-G.2.c ITEM #19785
Attorney Steven Shames represented the applicant
COUNCILMAN JENNINGS RETURNED TO COUNCIL CHAMBERS
Upon motion by Councilman McCoy, seconded by Councilman Jennings,
City Council voted to APPROVE the application of S & B PROPERTIES,
INC., for a Change of Zoning District Classification as per the
following:
ORDINANCE UPON APPLICATION OF S & B Z0483716
PROPERTIES, INC., FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM
R-8 RESIDENTIAL DISTRICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of S & B Properties,
Inc., for a Change of Zoning District Classifi-
cation from @-8 Residential District to B-2
Community-Business District on certain property
located on the West side of Centerville Turnpike
beginning at a point 503.72 feet South of Kempsville
Road, running a distance of 207 feet along the West
side of Centerville Turnpike, running a distance of
118.08 feet along the Southern property line, running
a distance of 229.64 feet in a Northwesterly direction,
running a distance of 199.01 feet in a Northeasterly
direction and running a distance of 114.47 feet in a
Southeasterly direction. Said parcel contains 1.06-
acres. KEMPSVILLE 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.
3. On-site retention of storm water may be required
since it appears that the existing drainage system
in the area cannot handle the generated runoff from
this development.
Prior to the changing of the official zoning maps, the
following condition would have to be met:
1. A 30-foot dedication along the frontage on Centerville
Turnpike, 45-feet frorn the centerline of the old 30-
foot right-of-way to provide for an ultimate 90-foot
right-of-way as per the Master Street and Highway Plan.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of April, 1983.
5 4 -
Voting: 6 - 5
Council Members Voting Aye:
Harold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, W. H. Kitchin, TTT,
Reba S. McClanan, and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, Robert G. Jones, and Meyera E. Oberndorf
Council Members Absent:
None
- 5 5 -
ITEM II-G.2.d ITEM #19786
Attorney Michael Inman represented the applicant and by letter
requested this application be referred back to the Planning
Commission. (A copy of the letter will be made a part of these
proceedings.)
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to uphold the request of the
applicant's Attorney and REFER BACK TO THE PLANNING COMMISSION
the application of HOLLAND PROPERTIES ASSOCIATES for a n e
of Zoning District Classification as per the following
with the condition that the applicant pay any additional fees
applicable as determined by the Planning Staff.
Ordinance upon application of Holland Properties
Associates for a Change of Zoning District Classifi-
cation from T-1 Light Industrial District to A-3
Apartment District on certain property located 200
feet North of Holland Road beginning at a point
906.40 feet West of Edwin Drive, running a distance
of 300 feet along the Southern property line, running
a distance of 648.90 feet along the Western property
line, running a distance of 292 feet along the
Northern property line and running a distance of
676.20 feet along the Eastern property line. Said
parcel contains 4.5-acres more or less. KFMPSVILLE
BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for referral to Planning Commission)
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
- 5 6 -
INMAN, LEE, OLIVIERI & HUFFMAN
ATTORNEYS AT LAW
SUITE 500. PRMBROKE FIVE BUILDING
PEMBROKE OFFICE PARK
.....C, VIRGINIA BEACH, VIRGINIA 23462-S483
..NAL. l@.. I.. T.LCI.C.t
VI.C.@T LIVIER. (00.1 .*.-Gooo
@E.Rl .. .@ll@.N
@.N T............ NI April 18, 1983
The Honorable Louis Jones
Mayor, City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Re: Holland Properties Associates
Petition for Change of Zoning
April 18, 1983 Agenda
Planning Item D
Dear Mayor Jones:
I am counsel for the applicant in the above-referenced matter
and I am requesting that this matter be referred back to the Plan-
ning Commission. The applicant desires to modify the petition in
terms of density and possibly to cover the entire parcel as opposed
to only a portion of the parcel as originally proposed. Since we
do not wish to present the merits of the matter today, I would ap-
preciate very much being permitted to place this item toward the
first of the agenda or on the consent agenda for time saving pur-
poses.
I will sincerely appreciate your consideration of this request.
Looking forward to seeing you this afternoon, I am,
Very truly yours,
'ch
MAI:cmb
833-044-033-RE
HAND DELIVERED
4118-/83
- 5 6 -
ITEM II-G.2.e ITEM #19787
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
R. G. MOORE for a
as per the following with the inclusion of an additional
condition:
Approval is subject to the protection of the
flood plains in accordance witb current and
proposed Ordinances.
ORDINANCE UPON APPLICATION OF R. G. Z0483717
MOORE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 RESIDENTIAL
DISTRICT TO R-6 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of R. C. Moore for a Change
of Zoning District Classification from R-5 Residential
District to R-6 Residential District on certain property
located on the West side of Salem Road beginning at a
point 1640 feet North of Elbow Road, running a distance
of 379.97 feet along the West side of Salem Road, running
a distance of 3688 feet along the Northern property line,
running a distance of 1112.80 feet along the Western pro-
perty line, running a distance of 2347.58 feet along the
Southern property line, running a distance of 554.75 feet
in a Northerly direction and running a distance of 703.29
feet in an Easterly direction. Said parcel contains 66.2-
acres. KEMPSVILLE 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 Subdivision
Ordinance.
2. City water and sewer.
3. On-site retention of storm water may be required.
4. Approval subject to the protection of the flood
plains in accordance with the current and proposed
Ordinances.
Prior to the changing of the official zoning maps, the
following conditions will be met:
- 5 7 -
1. Dedication of right-of-way, 110 feet in width, for
the right-of-way of Independence Boulevard as per
the alignment for independence Boulevard on file
with the Department of Public Works/Engineering
together with the dedication of an additional
100-foot drainage easement (50-feet on either
side of the existing 100-foot drainage easement)
for Salem Canal as per the Salem Canal Study on
file with the Department of Public Works/Engineering.
2. Submittal of an instrument for recordation limiting
the number of dwelling units on this parcel to a
maximum of 199 units. This document is to be re-
corded in the Office of the Clerk of the Circult
Court.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of April, 1983.
Voting: 1 1 -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.
Kitcbin, Ill, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 8 -
ITEM II-G.2.f ITEM #19788
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the Planning Commission and DENY the application of R. G.
MOORE for a Change of ZoninR District Classification as per
the following:
Ordinance upon application of R. G. Moore for a
from
R-6 Residential District to 0-1 Office District
on certain property located on the South side of
Bonney Road beginning at a point 600 feet more or
less East of Witchduck Road, running a distance of
195.3 feet along the South side of Bonney Road,
running a distance of 186.9 feet along the Southern
property line and running a distance of 514.9 feet
along the Western property line. Said parcel con-
tains 2.11-acres. KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for denial)
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
*COUNCILMAN JONES VOICED A VERBAL "AYE"
- 5 9 -
ITEM ITEM #19789
Attorney Robert B. Cromwell, Jr., represented the applicant
Mr. Peterson, Peterson Associates, spoke in favor
Mr. Terry Gearhart, Concordia Enterprises, spoke in favor
The following spoke in opposition:
Senator A. Joseph Canada, representing homeowners
in the area
Alfred Dreyfus, resident of Lake James
Barry Kocci, resident of Lake James
Susan Kocci, resident of Lake James
Athur McGowen, resident of Lake James
JoAnn Weatherspook, resident of Lake James
Nancy Hoover, resident of Lake James
Kay Tartley, resident of Lake James
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to DEFER ONE WEEK and limit discussion to any
new matter concerning the agreement not previously heard by City
Council the applications of PETERSON ASSOCIATES, INC., A VIRGINIA
CORPORATION, for Changes of Zoning District Classification as per
the following:
Ordinance upon application of Peterson Associates,
Inc., a Virginia Corporation, for a Change of Zoning
District Classification from R-8 Residential District
to A-1 Apartment District on certain property located
300 feet more or less West of Kempsville Road, beginning
at a point 900 feet more or less South of Indian River
Road, running a distance of 800 feet more or less in a
Southwesterly direction, running a distance of 500 feet
more or less in a Northwesterly direction, running a
distance of 800 feet more or less in a Northeasterly
direction, running a distance of 500 feet more or less
in a Southeasterly direction. Said parcel contains
9,908 acres. KEr4PSVILLE BOROUGH.
4 / 1 8 / 8 3
-60-
Ordinance upon application of Peterson Associates,
Inc., a Virginia Corporation, for a Change of Zonin?,
District Classification from B-2 Community-Business
District to A-1 Apartment District on certain property
located on the West side of Kempsville Road beginning
at a point 690 feet South of Indian River Road, running
a distance of 122.50 feet along the West side of
Kempsville Road, running a distance of 270 feet more or
less in a Northwesterly direction, running a distance of
95 feet in a Southwesterly direction, running a distance
of 500 feet more or less in a Northwesterly direction,
running a distance of 350 feet more or less in a North-
easterly direction, running a distance of 300 feet more
or less in a Southeasterly direction, running a distance
of 200 feet in a Southwesterly direction and running a
distance of 350 feet more or less in a Southwesterly
direction. Said parcel contains 4.5 acres. KEMPSVILLE
BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for deferral)
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
*MAYOR JONES VOICED A VERBAL "AYE"
4/18/83
.@i-
S D B N E S
N N
ITEM #i9791
ITEM ald Planning
ask,d the City 14 agerm c,,ncil
Councilman Baum advised he. s of m,,p, Newsome Far s to eks
tribut@ COP 1-e line@ d,,@ing last we
to dis @..ndary
DirectOr fusion over 0
due t,) the cO n Ill 1983).
me,ting (April-
ITEM #19791
ITFM 11-11"
coUNCILWOMAN CREECH LEFT COU@CIL CHAMBERS
second.d by c:ouncilwoman
iones, _EBYS the
C.,,ncilman IN TWO W
upon mOtiOn oted to RECONSIDER -JNE E. SMITH for a
McCianan, C R. MILLS AND GARPH sidential
icati-on fr.m R-6 R council On
"I f ,ed by City
C han ge 0z
D it r,.t to 1983)
11 April l@
Voting; 6 - 4
Co.ncil m.mbers V.tilg Aye. ice avor Barbara M. ilenley,
liarold Heischober, 14 1hin, 111, Reba S,
Robert G. Jones, W. H. Kitc orf
Mcelanan, and Meyera E, obernd
Council Members VOting Nay:
j.hn A. Baum, liar,,Id ileischober, Vice Mayor
Barbara M. Henley, R. Jacl, Jelings, Jr-, J.
Mayor Loui, R. Jones, W. H. Kitchin, ill,
14enry McCoy, Jr., D.D.S., and Meyera E,
Oberndorf
bsent: