HomeMy WebLinkAboutOCTOBER 11, 1982 MINUTES
Cit@ @f
"WORLD'S LARGEST RESORT CITY"
CITY COt@,\ICIL
MAYOR LOUIS R. JONES. B@y,id, B@,..gb
VICE-MAl'OR 13ARBARA Al. IIENLEY, P..g. B@,.,gb
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NANCY A. CREECII, Al L@,g@
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RORERT G. 10.,VFS, Al I..,g@
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RFBA S. 11, Cl.,A,@AN. P,i@.... A@,, B@,..gh 212 C]7 l' lf,ILL 13L;IIDtNG
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MEI'ERA r. OBERNDORF, Al L.,g, VIRGINIA BEACII, VIR(;I,%'[A 2i456
RUTH liODGES SAIITII, CAIC, Cily CII,K (804) 427-4 30 3
CITY COUNCIL AGENDA
October 11, 1982
ITEM I INFORMAL SESSION: 12:30 P.M.
A. CAI-L 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 Illy@.
a. Additional information Regarding Proposed Re-
location of General Bootl) Boulevard around
Nimmo Church.
2. Matters for discussion by Council.
E. CTTY MANAGER'S ADMINISTIZATLVE LTLMS:
1. Discussion of Proposed Ca2ital Tm2rovements Pi-og am.
2. Review of Consen@@ d@a.
ITEM TI FORMAL SESSION: 2:00 P.@l.
A. INVOCATTON: Reverend Barnett Thoroughgood
New Jeru@-alem Cliurch
B. PLEDGE OF ALLEGIANCE TO TBE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES O@ PREVIOUS MEETING:
1. Motion to accept/approve the- @linutes of October 4, 1982.
E. PR,,SfNTAT!014
1. Mayor's Committee on liarid-icappcd Fiftli Aniiiial Award:
Colonel. Anthony @ainD, lr,_USA (Ret.)
Virginia Beach Scliool Bo@irl
ITEM II F. CII'Y MANAGER'S REQUEST FOR COUNCIL'S DIRECTION
RE: LIFEGUARD SERVICE IN VIRGINIA BEACH.
C. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion iii the forni listed. Tllere will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Ordinance, on SECOND READING, to accept grants of $178,581
from State Aid to Public Libraries and $10,764 from Federal
Aid to Public Libraries and to appropriate these funds.
2. Raffle Permit:
First Colonial Christian School.
H. PLANNING ITE@IS
1. Applicatioii of John T. Mamoudis for a Change of Zonin_a from
R-7 Residential. District to B-4 Resort-Commercial District on
a 36,154.8-square foot parcel located along the north side of
Lake Drive, west of Pacific Avenue (Virginia Beach Borough).
This matter was deferred oii September 27, 1982 Council @leeting.
a. Letter from the City Manager transmits the
recoimnendation of the Planning Commission
for approval.
2. Application of Roland W. Storbeck for a Change of Zoning froni
B-1 Business-Residenti.al Dist . t to B-2 Commiin siness
ric - ity-Bu ;
5istrict an a 17,859.6-square foot parcel located along the
north side of Princess Anne Road, west of Glebe Road (Princess
Anne Borough). This matter was deferred on September 27, 1982
Council Meeting.
a. Letter from the City Manager transmits the
reco=endation of the Planning Commission
for oval.
3. Application of William E. aiid Thelma C. Simmons for a Lkan@
f@Z@n from R-7 Residc@,ntial District to B-@Resort-Cor,.iinercial.
District on Lots 12, 13, 14, and 15, Block 18, Shore Acres
(314 Winston Salem Avenue), which contains 17,500 square feet
(Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendatioii of the Planning Commj-ssion
for ro a@l,
4. Application of Southl-and Corporation for a modification to the
Land Use Plan of Greeii Run to include a commercial site for a
service station, in conjunction witli a convenielice store, on a
.(,O-ac3:c 1)arccl I.ocated At the nortl,.e,,ist oorner of i,y iii-,,,v2n
Parkway and Primrose Laiie (Pri-ncess Anne Borough).
a. Letter from the City @lanager trlnsnlits the
recommendation of the Pl.anning Commission
for oval.
ITEM II H. PLANNING ITEMS (Cont'd)
5. Application of Southland@r _ration for a Coliditional Use
Permit for a 7-Eleven convenience food store and a ndr
on a 18,200-sqiiare foot parcel o ated at the northeast
corner of Pacific Avenue and 17th Street (Virginia Beach Borough).
a. Letter from the City @lanager transmits tlie
recommendation of tlie Planning Commission
for approval.
6. Ordinance to aniend and reordain Article 9, Section 921(c)
of the Comprehensive Zoniiig Ordinance pertaining to use
regulations for Automobile Re2air Estal)lishments.
a. Letter from tlie City Ilanager transmits the
recommendation of the Planning Commission
for @p o@v@l.
7. Application of Edward T. Lommon for a Conditional Use Permit
for a fast tune-up and ltibrication service on a 42,308.77-
square foot parcel located at the southeast intersection
of Virginia Beach Boulevard and Kellam Road (Bayside Borough.).
a. Letter from the City Manager transnii-ts the
recommendation of tlie Planning Commission
for approval.
I. APPOINITIENTS
1. Housing Board of Appeals.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. Motiori to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
11 October 1982
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was called to order by Mayor Louis R. Jones,
in the Conference Room, City Hall Building, on Monday,
October 11, 1982, at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, 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 #18840
Mayor Jones entertained a motion to permit Council to
conduct its EXECUTIVE SESSION following the INFORMAL
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 Councilman Baum, seconded by Councilman
McCoy, City Council voted to proceed into the EXECUTIVE
SESSION following the INFORMAL SESSION.
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 B. 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
COUNCIL POLICY ITEM #18841
Mayor Jones advised that during last week's Council Informal
Session (October 4, 1982, item #18812), he unknowingly violated
Council Policy by asking the Trustees of Nimmo Church to speak
concerning parking for their church. As a result, Mrs. Mathews,
who is a property owner on "the other side of the question",
has asked to be heard by Council.
Mayor Jones asked if the Members of Council wished to hear
Mrs. Mathews in the INFORMAL SESSION or in the FORMAL SESSION.
It was the consensus of Council to permit Mrs. Mathews to
speak during the FORMAL SESSION after approval of the
Minutes.
M A T T E R S B Y C 0 U N C I L M E M B E R S
COUNCIL MEETINGS ITEM #18842
Councilwoman Creech advised she would like to bring Council
"up to date" on the discussion concerning changing the Council
meeting date from Mondays to another day in the week and
noted the following:
1. Changing the day of the meetings is
not a major problem. It's a matter
of finding a suitable day for all
concerned
2. Giving the change enough lead time to
take place without a great deal of
d if f icul ty
Mayor Jones advised he "polled" Council on this matter;
1. Six (6) Members of Council would like
to change the meeting day.
2. Two (2) Members stated "maybe".
3. Three (3) Members would prefer not
to change the day at all.
Councilwoman Oberndorf advised if Council was going to change
the meeting date she would perfer all meetings being held at
night.
This matter will be placed on the FORMAL AGENDA under
UNFINISHED BUSINESS for further discussion and vote.
4 -
SIMMONS ZONING CHANGE ITEM #18843
Councilwoman Creech advised she will be abstaining on the
discussion and vote of the application of WILLIAM E. AND
THELMA G. SIMMONS for a zoning chafige from R-7 Residential
District to B-4 Resort-Commercial District as she is involved
in the development of an adjacent parcel of property.
SEASHORE STATE PARK ITEM #18844
Councilman Jennings advised Council of the pleasant time
he, Vice Mayor Henley, Councilwoman Oberndorf and Councilman
Jones had a meeting with the State Park personnel and toured
Seashore State Park and noted he has requested the Staff to
review the many Studies concerned with beach access.
Councilman Jones advised he will bring this matter back
to Council with a recommendation after the reports are
received from the Staff.
STORBECK APPLICATION ITEM #18845
Councilwoman McClanan advised the appropriate documents have
not been forwarded to the City Attorney's Office concerning
the application of ROLAND W. STORBECK for a zoning change
from B-1 Business-Residential District to B-2 Community-
Business District as the property owner is out to sea and
requested this item be DEFERRED until the documents have
been filed with the City Attorney's Office.
This matter will be heard during the FORMAL SESSION of Council.
MAMOUDIS APPLICATION ITEM #18846
Councilman Kitchin advised he held two (2) meetings with
area residents and property owners concerning the
application of JOHN T. MAMOUDIS for a zoning change from
R-7 Residential District to B-4 Resort-Commercial District
and advised the problem has been resolved to everybody's
benefit; however, he was not notified until this morning.
Councilman Kitchin requested this matter be DEFERRED an
additional week.
This matter will be heard during the FORMAL SESSION of Council
- 5 -
TWENTIETH ANNIVERSARY ITEM #18847
Councilman Jones asked if Councilwoman McClanan had any further
information to share with Council concerning the 20th Anniversary
of the merging of Princess Anne County and old City of Virginia
Beach.
Councilwoman McClanan advised she has no objections to what
was suggested by Pamela Lingle and the Public Information
Office; however, she would like to see a Committee created
to prepare an appropriate celebration and Mary Reed Barrow
to speak with the various people involved in the merger.
Mayor Jones APPOINTED the following to the MERGER CELEBRATION
COMMISSION:
Vice Mayor Barbara M. Henley, Chairman
Councilwoman Reba S. McClanan
Councilman Robert B. Jones
Mr. Giles G. Dodd, Advisor
Councilwoman Oberndorf requested information from the Public
Libraries concerning the "oral history" of Virginia Beach.
Mrs. Marcy Sims, Director, Department of Public Libraries,
advised six (6) or seven (7) tapes have been completed.
DELINQUENT TAXES ITEM #18848
Councilman Jones advised Council of a letter received from
the City Attorney regarding interest rates on delinquent
taxes and requested an Ordinance be drafted permitting
the City to place interest charges on delinquent taxes.
Mayor Jones requested Councilman Jones meet with the City
Attorney to draft the proper Ordinance concerning this
matter.
10 I I8 2
- 6 -
GENERAL DISTRICT COURT ITEM #18849
Councilman Jones advised during last week's meeting
(October 4, 1982) no funds were projected for the
General District Court Building and informed Council he
invited Judge Moore and Judge Spain to speak to Council
during the FORMAL SESSION concerning this matter.
This matter will be heard in the FORMAL SESSTON under
UNFINISHED BUSINESS.
ROOM RATES ITEM #18850
Councilwoman Oberndorf thanked the City Attorney for responding
to her request concerning room rate advertisements and advised
if any Member of Council had further information concerning this
matter notify either she or the City Attorney.
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
PRESENTATION/CAPITAL IMPROVEMENTS PROGRAM
ITEM #18851
At the request of City Manager Muehlenbeck, the presentation
of the Capital Improvements Program was held in the Council
Chambers.
The City Manager presented the following literature:
1. Capital Improvement Program Policy
2. Revised Schedule of Activities
3. Detail of projects requested but
not fuiided
4. Summary of proposed FY 1983 Revenue
Sharing Appropriations
- 7 -
The City Manager advised the Capital Improvements Program
over the next five (5) years will reflect, if adopted as
recommended, a total program of $395,156,044. Of that
$96,783,814 has previously been provided. Included in the
last four (4) years of the Program are Water and Sewer
Projects totaling $106.5-Million and will, if approved, require
funding from bonds in addition to those previously approved.
Alternatives have been suggested as to how those bonds may
be authorized.
A Public Hearing on the Capital Improvements Program will
be held on Monday, October 18, 1982, to receive citizen
input in this matter.
City Council RECESSED into EXECUTIVE SESSION, (1:45 p.m.)
10/11/82
-8-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
11 October 1982
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, and Meyera E.
Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
INVOCATION: Reverend Melvin Shaw
New Jerusalem Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*MAYOR JONES ANNOUNCED COUNCILMAN McCOY HAD BEEN CALLED TO
AN EMERGENCY PATIENT IN HIS OFFICE.
- 9 -
M I N U T E S
ITEM II-D.1 ITEM #18852
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to APPROVE the Minutes
of the Regular Meeting of October 4, 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
-10-
ITEM II-D.2 ITEM #18853
Mayor Jones advised that during the INFORMAL SESSION of
4 October 1982, he had permitted the representatives
of Nimmo Church to participate in the discussion of the
realignment of General Booth Boulevard in the area of
Nimmo Church.
By concensus of City Council in INFORMAL SESSION today
(October 11, 1982) Mrs. Mary Virginia Mathews was
scheduled to make her presentation in this FORMAL SESSION
concerning this matter as it reflects to her adjoining
property.
Mrs. Mathews advised she owns a parcel of land south of Nimmo
Church's parking lot which would be affected by the proposed
relocation of the parking.
Despite her personal interest in this matter, Mrs. Mathews
does believe there are three (3) strong matters of public
interest which Council should reconsider in determining
their vote:
1. The City should not set a dangerous
precedent of using the taxpayers'
money to relocate a private parking
lot for private use. In the future,
other private organizations will
surely have the right to expect
similar treatment.
2. There are better locations for new parking
space for Nimmo Church both to the northeast
and northwest of the Church. The Church will
obtain additional parking space on the
cul-de-sacs to the northeast and northwest
of the Church. Further, there is vacant land
to the northeast that the Church could acquire
for additional parking space.
3. The City should not make a major alteration
in the General Booth proposal after the
Public Hearings and Workshops have concluded.
The Church's proposal should have been
publicly aired in the full light of Public
Hearings and not presented at an Informal
Meeting of the City Council at the eleventh
hour, after the Public Hearings have
concluded.
Upon motion by Councilman Jones, seconded by Vice Mayor Henley,
City Council include the "Realignment of General Booth
Boulevard in the area of Nimmo Church" on the FORMAL AGENDA
October 18, 1982, to allow citizen input concerning the
relocation of Princess Anne Road.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert C. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
- 1 2 -
P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #18854
Mayor Jones presented the FIFTH ANNUAL AWARDS "for outstanding
accomplishment in improving the lifestyle of the handicapped"
from the Mayor's Committee on the Handicapped to:
Colonel Anthony M. Kamp, Jr., USA, Ret.
Dr. Roy Woods, Chairman, School Board
Dr. E. E. Brickell, School Superintendent
L I F E C U A R D S E R V I C E
ITEM II-F.1 ITEM #18855
The following spoke in behalf of the present lifeguard and
equipment rental service:
Attorney Edward T. Caton, III, representing
Ocean Rescue
Kent Hinnant, Ocean Rescue
Elkin Lachman on behalf of W. H. Kitchin, Jr.
Bill Eagan, Dunes Motor Inn
George Whitley, concerned citizen, in favor
of present lifeguard and rental service
Attorney Moody E. Stallings, Jr., represented R. R. "Buddy"
McChesney and Milton Holland.
Upon motion by Councilman Jennings, seconded by Councilwoman
Oberndorf, City Council answered the following questions and
gave direction to the City Manager concerning Lifeguard
Service in Virginia Beach:
1. Schould a franchise be awarded to a
private organization to operate a beach
equipment rental business at the ocean-
front rather than continuing with the
current system as provided in Section 6-81
through 6-94 of the City Code?
AWARD FRANCHISE
- 1 3-
2. Should the franchise include a requirement
that lifeguards be provided by the equipment
rental operator or should lifeguards be pro-
vited by the City?
LIFEGUARDS SHOULD BE PROVIDED BY THE
FRANCHISE
3. Sbould the total beach area in question be
from Rudee Inlet to 40th Street or should it
include other areas?
THE ADDITTONAL BEACH TO BE CONSTDERED
(LITTLE ISLAND PARK) OTHERWISE AREA
REMAIN AS PROPOSED BY THE QUESTION
4. If from Rudee Inlet to 40th Street, how
many separate franchise areas should there
be?
TWO (2) FRANCHISE AREAS FROM RUDEE INLET
To 40TH STREET.
THIRD FRANCHISE AREA BEING LITTLE ISLAND
PARK
5. What should be the length of time for each
franchise?
FIVE YEARS.
Councilman Heischober advised "i would like to say for the
record that in answer to question one where Councilman Jennings
asked that a Franchise be awarded pursuant to bid documents,
Council is not criticizing the previous activity from Rudee
Inlet to 40th Street. We are simply acknowledging the fact
that our City Attorney and outside Attorney have advised us
that to continue with the present method of awarding this
function would be suspect and we would probably be in Restraint
of Trade based on recent adjudication."
Attorney Thomas H. Broyles asked Council to consider the area
of 56th - 57th Streets (Mariner Hotel) where lifeguard service
currently exists. The City Manager will study this request.
1 4 -
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, Reba
S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
W. H. Kitchin, Ill
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
- 1 5 -
C 0 N S E N T A C E N D A
ITEM II-G ITEM #18856
COUNCILMAN ROBERT G. JONES LEFT COUNCIL CHAMBERS
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager and ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and J. Henry McCoy, Jr.,
D.D.S.
- 1 6 -
ITEM II-G.1 ITEM #18857
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager and ADOPT ON SECOND READING the Ordinance to
accept Grants of $178,581 from State Aid to Public Libraries
and $10,764 from Federal Aid to Public Libraries and to
appropriate these funds.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, ITT,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and J. Henry McCoy, Jr.,
D.D.S.
- 1 7 -
AN ORDINANCE TO ACCEPT GRANTS
OF $178,581 FROM STATE AID
TO PUBLIC LIBRARIES AND $10,764
FROM FEDERAL AID TO PUBLIC LIBIZARIES
AND TO APPROPRIATE TIIESE FUNDS
WHEREAS, City Council is interested in eiffiancing the quality
of service provided by our Public Libraries, and
WHEREAS, grants of $178,581 from State Aid to Public
Libraries and $10,764 from Federal Aid to Pub]-ic Libraries are
available for this purpose, and,
WIIEREAS, no local funds are required,
NOW, TliEREFORE, BE IT ORDAINED BY THE COUNTCIL OF TIIE CITY OF
VIRGINIA BEACII that the above two grants be accepted and funds of
$189,345 be appropriated to the Departmeiit of Public Libraries
for the FY 83 Operating Budget as follows:
Contractual Services $ 11,825
Books and Subscriptions 108,611
Travel and Training 1,000
Office, Library, and Other Supplies 6,796
Capital Outlay 60,198
Lease/Rental 915
Total Appropriation @189_345
Be it further ordained that Estiinated Revenues from the Coamion-
wealth of Virginia be increased by $178,581 aiid Estimated Reve-,iues
from the Federal Government be increased by $10,764 to finance the
appropriation.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the
Ilth day of- October 19 8 2
First Readilig: October 4, 1982
Second Reading: October 11, 1982
,@pp-1,C), rD "'s TO
-18-
ITEM II-G.2 ITEM #18858
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager and APPROVE the Raffle Permit for First Colonial
Christian School.
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III, Reba
S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones, and J. Henry McCoy, Jr.,
D.D.S.,
- 1 9 -
P L A N N I N G A G E N D A
ITEM II-H.1 ITEM #18859
COUNCILMAN JONES RETURNED TO COUNCIL CHAMBERS
COUNCILMAN BAUM LEFT COUNCIL CHAMBERS
Upon motion by Councilman Kitchin, seconded by Councilman
Heischober, City Council voted to DEFER ONE WEEK the
application of JOHN T. MAMOUDIS for a Change of Zoning
District Classification as per the following:
(This matter was deferred until today on September 27, 1982)
Ordinance upon application of John T. Mamoudis for
a Change of Zoning District Classification from
R-7 Residential District to B-4 Resort-Commercial
District on Lots 1 thru 15, Block 9, Pinewood Park.
Property is located at 301 and 323 Lake Drive and
contains 36,154.8 square feet. VIRGINIA BEACH
BOROUGH.
Voting: 9-0
Council Members Voting Aye: (for deferral)
Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert C. Jones, W. H. Kitchin,
III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Henry McCoy, Jr., D.D.S.
- 2 0 -
ITEM II-H.2 ITEM #18860
COUNCILMAN BAUM RETURNS TO COUNCIL CHAMBERS
Upon motion by Councilwoman McClanan, seconded by Councilman
Baum, City Council voted to DEFER UNTIL THE APPROPRIATE
DOCUMENTS HAVE BEEN FILED WITH THE CITY ATTORNEY'S OFFICE the
application of ROLAND W. STORBECK for a Change of Zoning
District Classification as per this following:
(This matter was deferred until today on September 27, 1982)
Ordinance upon application of Roland W. Storbeck for a
Change of Zoning District Classification from B-1
Business-Residential District to B-2 Community-Business
District on property located on the North side of Princess
Anne Road beginning at a point 1150 feet West of Glebe
Road, running a distance of 114.20 feet along the North
side of Princess Anne Road, running a distance of 160.56
feet along the Western property line, running a distance
of 115.37 feet along the Northern property line and
running a distance of 160.27 feet along the Eastern pro-
perty line. Said parcel contains 17,859.6 square feet.
PRINCESS ANNE BOROUGH.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 2 1 -
ITEM II-H.3 ITEM #18861
Attorney Thomas Broyles represented the applicant
Upon motion by Councilman Kitchin, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
WILLIAM E. AND THELMA G. SIMMONS for a Change of Zoning
District Classification as per the following:
ORDINANCE UPON APPLICATION OF WILLIAM Z01082679
E. AND THELMA G. SIMMONS FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
R-7 RESIDENTIAL DISTRICT TO B-4 RESORT-
COMMERCIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of William E. and
Thelma G. Simmons for a Change of Zoning
District Classification from R-7 Residential
District to B-4 Resort-Commercial District
on Lots 12, 13, 14, and 15, Block 18, Shore
Acres. Said parcel is known as 314 Winston
Salem Avenue and contains 17,500 square feet. VIRGINIA
BEACH BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. All dredging, filling, bulkheading and other waterfront
related activities will require obtaining the necessary
permits from Federal, State and Local Authorities.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eleventh day of October, 1982.
2 2 -
Voting: 9 -0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 2 3 -
ITEM II-B.4 ITEM #18862
COUNCILMEN KITCHIN AND JENNINGS LEFT COUNCIL CHAMBERS
Randy Coles, Construction Manager, represented the applicant
Upon motipn by Councilwoman McClanan, seconded by Councilman
Baum, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of SOUTHLAND
CORPORATION for a MODIFICATION to the LAND USE PLAN of Green
Run as per the following:
ORDINANCE UPON APPLICATION OF SOUTHLAND Z01082680
CORPORATION FOR A MODIFICATION TO THE
LAND USE PLAN OF GREEN RUN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Southland Corporation
for a modification to the Land Use Plan of Green Run
to include a conymercial site at the Nortbeast corner
of Lynnhaven Parkway and Primrose Lane. Said parcel
contains 28,926 square feet. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. On-site detention of storm water.
3. Compliance with design criteria in accordance with
agreement on file between Southland Corporation and
Green Run. A copy of the letter to Mr. Fegan is to
be included in the Minutes.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of October, 1982.
ELEVEN
7-ELM FOOD STOFES DIVISICN 1099 814 BAO RW ' P.O. BOX 624E7 VIRGINIA BEACH, VIF61NIA 8D4-4@8281
OctobeA 8, 1982
To: M,%. Joseph C. Fagan, Executive DiAecto,%
GREEN RUN HOMES ASSOCIATION
7248 G,%een GaAden CiActe
Vi)Lginia Beach, Va. 23456
F)Lom: Randy Cote,6, Divizion Con6twction ManageA
THE SOLFTHLAND CORPORATION
Re: Pwposed I-Eteven Food StoiLez
Co)tneA o6 Pximose and Lynnhaven, G)Leen Run Section
Vi,tginia Beach, Va.
Dea)L Jo e:
T woutd Lae to take thiz oppo)Ltunity to thank you and the iLuident6
o6 G)Leen Run in zuppo@ng the con6tLu@on o6 a new 7-Eteven Food
Sto)Le at the co)LneA o6 Pkim'Lo,5e and Lynnhaven Road. You)L input given
at the meeting o6 SeptembeA 13, 1982, and the suppo,%t di-6ptayed at the
P@ning HeaAing the 6oY-iowing day,,6igni6ie6 thiz commeaciat ptoject
haz been wetcomed by the G)Leen Run Home6 A,6,5ociation, and we eook 6oAwaAd
in becoming an integtai paat oi you)L community.
I woutd aZ6o Zike to take thi.6 oppo y to te,5pond to you)L tettea con-
c@ng c@n imptovement6 that wiet be inco)Lpokated in @ p)Loject,
cz ag)Leed to duaing ouA SeptembeA meeting.
FZut oi aU, the stote buitding zhau con6i,6t o6 a stiLuctuAe which wiU
incZude, among othe,% thing,6, a 4-sided b)Lick exteAio)L with a Man,6aAd )Loo6
p,Lojecting @,tom the poilch caea o@y. Thi,6 MansaAd )Loo6 shaft be oveAP-ayed
with hand sp@ cedaa "zhake" zhingte6, in tieu o6 oUA typicat o@nge
atuminwn shingte jacade. The buitding'z exteAio;L waM shau aL5o extend
upwa,%d I extw 6oot on the 6,tont and zides to minimize the g@ound Eevei view
oi any ilooitop equipment. The %eO)L watt shau )Lemain it6' no4mat heigth,
but at the top, have a@ cedaa zcaeening jence buitt tengthwi6e to aZ6o
ob.st)Luct the view o6 )Loo6top equipment.
SecondP-y, the g@otine ikm on witt inctude 1 i,6&nd @h 3 di,6penset6,
cuid a 24' x 24' canopy. The canopy house 4 undeuide Zig@ and
be 6aced wi-th cedat ",shake" shingte,6 on aU 4 zide6. Op@o@ wizt be
24-ho@ .
Thikd,P-y, ptan6 6ot exteAio)L Eandzcaping inctude fow sdftubbeay atong the
6,iDnt with A"domey p@nted pine t)Lee,6 in the )LeaA g)La6sy c)Lea.
THE SOUTHLANE)
CORPORATION
10 / Ii/ 81
Oc,tobeA 8, 1982
-23b-
A 6' paivacy 6ence wiit be buiet atong Mt. Young ',s f-ot tine in the
hope.6 it witz @nimize beowing debxa in the neighbo)Lhood. The dLLmpsteA
pad wUi be encto4ed on 3 side6 with b)Eick, being o6 the same type a6 the
main 6t)LuctuAe.
Conc@ng p@ng space,5, p@ catt jot att spaca to be Eocated in
6)Lont o6 the bwuding. No paaking witt be p ed behind the sto)Le.
Thi,5 witt auow a bu66eA zone ilunning apptoxi-mateey 551 - 70' 6Aom the
zto)Le to the )Lecft neighbo)L'z back p)LopeAty Zine.
Joe, again, thank6 6oiL aU the coopeaation you have given u6. I betieve
becau6e o6 ouA joint e66o@ , thi6 ptoject h@ not onzy become mo)Le
de6i)tabZe to the te6ident6 o4 Gteen Run, but to rhe SouthZand Co)Lpo@on
a6 wett.
SinceAety,
Randg-CoZe,6
ConstAuction Manage)L
RC:pkw
cc: Mike F)Lo,6t
Lyte TatAoe
IOJll@81
2 4 -
Voting: 6 - 2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Mayor Louis R. Jones, Robert G. Jones, and Reba
S. McClanan
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf
Council Members Absent:
H. Jack Jennings, Jr., W. H. Kitchin, 111,
and J. Henry McCoy, Jr., D.D.S.
2 5 -
ITEM II-H.5 ITEM #18863
COUNCILMEN JENNINGS AND KITCHIN RETURNED TO CHAMBERS
Randy Coles, Construction Manager, represented the applicant
Upon motion by Councilman Kitchin, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
SOUTHLAND CORPORATION for a Conditional Use Permit as per the
following:
ORDINANCE UPON APPLICATION OF SOUTHLAND R01082489
CORPORATION FOR A CONDITIONAL USE PERMIT
FOR A 7-ELEVEN CONVENIENCE FOOD STORE
AND LATJNDRY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Southland Corporation for a
Conditional Use Permit for a 7-Eleven convenience food
store and laundry on certain property located at the
Northwest corner of Pacific Avenue and 17th Street, running
a distance of 130 feet along the West side of Pacific Avenue,
running a distance of 140 feet along the Northern property
line, running a distance of 130 feet along the Western property
line and running a distance of 140 feet along the North
side of 17th Street. Said parcel contains 18,200 square
feet. VIRGINIA BEACH BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. City water and sewer.
2. The laundry facility has been deleted from the
application.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of October, 1982.
2 6 -
Voting: 10 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
- 2 7 -
ITEM II-H.6 ITEM #18864
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
Planning Commission and ADOPT the Ordinance to amend and re-
ordain Article 9, Section 921(c) of the Comprehensive Zoning
Ordinance pertaining to use regulations for automobile repair
establishments.
Voting: 9 - 1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
- 2 8 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTION 921(c)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
FOR AUTOMOBILE REPAIR ESTABLISHMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 921(c), Conditional uses and structures, of the
C.Z.O. be amended and reordained in part as follows:
(c) Conditional uses and structures: All of the conditional uses and
structures permitted in the B-2 Community Business District, and
in addition, wholesaling and distributing operations in conjunction
with retail establishments, excluding outside storage, subject to
compliance with the provisions of Part C of Article 2 hereof pro-
vided that the following uses shall not be allowed as a conditional
use or otherwise:
(1) Automobile repair establishments, except that establish-
ments dealing exclusively in mino@repairs of th6 type
provi ded t automobile service stations shall be allowed
c
as a on 'o nal use.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of October 1982.
APPROVE@D AS TO C@NTE.117
SIG@VTUR@
1,41
DE T
@ITY AT-@--Ol@@'
1 0 1 1 8 2
- 2 9 -
ITEM TI-H.7 ITEM #18865
Mr. Adrian Marshall spoke in behalf of the owner
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 EDWARD
T. LEMMON for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF EDWARD T. R01082490
LEMMON FOR A CONDITIONAL USE PERMIT FOR
A FAST TUNE-UP AND LUBRICATION SERVICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Edward T. Lemmon
for a Conditional Use Permit for a fast tune-up
and lubrication service on property located at
the Southeast intersection of Virginia Beach
Boulevard and Kellam Road and known as a portion
of Lots I through 7 and Lots 8, 9, 10, 11, 12,
Block 19, Sunnybrook, 4753 Virginia Beach
Boulevard. Said parcel contains 42,308.77
square feet. BAYSIDE BOROUGH.
Approval is subject to the following provisions
in conjunction with the intended use of the land:
1. City water and sewer septic tank, provided
waste lubricants are disposed of in holding
tanks.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eleventh day of October, 1982.
3 0 -
voting. 9- 1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.*
- 3 1 -
A P P 0 I N T M E N T S
ITEM II-1.1 ITEM #18866
COUNCILMAN McCOY ENTERED MEETING AT 3:58 p.m.
Upon motion by Vice Mayor Henley, seconded by Councilwoman
Oberndorf, City Council voted to DEFER the appointments to
the HOUSTNG BOARD OF APPEALS.
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
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
- 3 2 -
ITEM II-J.1 ITEM #18867
Councilman Jones advised he invited several Judges from the
General District Court to make a presentation to Council
concerning the lack of funds in the proposed Capital Improve-
ments Program.
Judge John Moore, Chief Judge, Virginia Beach Juvenile and
Domestic Relations Court, advised Council the General
District Court Building needs funding in the Capital
Improvements Program to enlarge the facilities.
Judge Preston, Chief Judge, General District Court, spoke
on this matter
Judge Hudgins, General District Court, spoke on
this matter.
Judge H. Calvin Spain, General District Court, spoke on
this matter.
Mayor Jones thanked the Judges for speaking before Council
on this matter.
ITEM 11-J.2 ITEM #18868
Councilwoman Creech made a motion, seconded by Councilman
Baum, to amend Section 2-20 of the City Code to change
the day of the Council meetings from Monday to TUESDAY,
with the First, Second and Third Tuesdays at 12:30 p.m.
and the Fourth Tuesday at 5:30 p.m. and the Agenda being
delivered to City Council no later than Friday evening.
The Tuesday meetings are to begin with the first Tuesday
in April of 1983.
Councilwoman Oberndorf offered a SUBSTITUTE MOTION whereby
all of the Tuesday Council meetings will be held at 5:30
in the evening.
Councilman McCoy offered a SUBSTITUTE MOTION, seconded by
Vice Mayor Henley, to DEFER this matter until October 18,
1982, to permit citizen input as to changing the Council
Meetings from Monday to Tuesday.
Voting: 1 1-0
- 3 3 -
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
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE" FOR DEFERRAL
- 3 4 -
E X E C U T I V E S E S S I 0 N
ITEM #18869
Upon motion by Councilman Baum, seconded by Vice Mayor
Henley, City Council voted to RECESS into EXECUTIVE
SESSION (5:15 p.m.) as p@ovided by Section 2.1-344 Code
of Virginia as amended for the purpose of discussing
Personnel and Legal Matters after which to adjourn.
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
- 3 5 -
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #18870
Upon motion by Vice Mayor Henley, City Council adjourned at
5:35 p.m.
Diane M. Hickman, Deputy City Clerk
6
I t Id@ges Srfith, CMC, City Cl.rk
Mii vo c
City of Virginia Beach,
Virginia
11 October 1982
dmh/bh