HomeMy WebLinkAboutJULY 12, 1982 MINUTES
T
@@IAI'OR R. JONES, B,,y,id,
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CITY COU14CIL AGENDA
July 12, l9S2
II-E@@., T INFOR@IAL QESSION: 12:30 p.ni,
A. CALL TO OPDER - t!ayor t-ouis R. JonF'-s
B. ROI-L CALI- OF COUNCIL
C . f'OTIC@@4 TO PEC7SS INTO I@FOR@PL/EXUUCTIA/E SF.Sslrl@l'
P. PRESE@ITAI'ION/DISCUSSION OF PERTI,'!E@@T t'A7TrRS
1. t'a'@Lcers for yor.
"at@er-s @lor dis. ss-ion b
ru y _j@@t i ii c -i
E C'T" 1,@@lt@,C-@R'S
by "r. lc@,
2
ITEti@ Ii FORMT@AL SESSIf'N: 2:00 P.t,;,.
A. INVOCATION: Dr. t'. C,. "Pat" Pobertson
Christian Broadca@ting Network
B. PLEDGE OF ALLEGIANCE TO TIIE FLAG OF THr- LJIQITED STATES OF AY.EPICA
C. EL.ECTRONTC RCILL CA[.L. OF CO(j't@CIL
n MTIIIJTES OF PREVIOU@@ 'IEEI-I@!C-:
I.. riotion to accept/aplirove t@ic t'inutes of the Re@jular
Meeting ol@ June 28, 1982,
2. t-lotioq ,-.c) accept/app-cove the !@linutes of the Special,
M.eeL@inn of JLltie 29, 19,q,2.
3. @lotion to accept/aDp,@-ove tlie tlinutes or the Special
@,eeting of July 1982.
E. PUBLIC IIE,@,it@G
1. CC.X CARI.E-VIPGINIA BEACH request for a rate increase -for
basic scrvice.
ITEM II F. RESOLUTIONS
1. Resolut,on of Appreication
a. tlr. and Mrs. James Custer
2. reneral
a. Resolution requesting the ABC Roard to deily the
app'lication for an P,BC license for tfie proposed
7-Elc,ven Store at the intersection of l@!indsor
Oaks @,odl@-vard and Indeperidence Boulevard,
b. Resolution giving approval to the City School
Boai@d to apply to the SLate Board of Education
of Virginia for a loan of $2,000,000 from tlie
Literary Fund.
c. Re,@olution authorizing thE, City t'anager to execute
a franchise agreement with the Virginia Reacli Fish-
ing Picr, Inc.
d. Resoltition authorizing the City of Virginia Beach to
executc and join in t@ie application of the (@otl'.Ity of
Sussex for membcrshit) in the Southeastew,n Ptiblic
Service Authority of Virginia.
e. Resolution endorsing H.R, 643 and urging Congres@, to
adopt this or similar legislation to provide payi@,ient
to i-he City of Virginia Reach for the reinedial work
done to Lono Creek Canal necessitated by the Corps of
Engineers dredging project.
f, Resolution approving the Newtown Road, Phase 11 Proliect
and requesting tlie Vi.-ginia Pepartment of Ilia@iways atid
Transportation to proceed w-ith the right-of-WaY ilCqLliSi-
tion approval and construction as exped4tiously as
possible.
keoiation au@:lioy,:Zili@l -Gi,C @l@,y ;,1,6
U @
tO eXeCLIte ttiose certain aprepments r-Ilatilic; to th@.
Compitinity Development Block Gran@L Program for th(@
Eighth ProgrFri Yeir.
4
ITEtl II G. CONSENT AGENDA
All matters listed @tder thc Con,,,cnt Agenda are coisidered
in the ordinary co@irse of business by City Council ai-id will
be enacted by one rrotion in the forrti listed. There will be
no separat(,- discu,lsion of these ite-t,.!s, If discussion is
d,?sired, t@iat itein wil-I be rc,-i,.ic@vc-.d from ti@e Coiisent /kgenda
and considered separately.
1. Request of tile roiTinii@,sione@, of RevenLie for license
refurids in tlie ait,,ount of $9@19.86.
2. Request of Virginia Beach Astros Softball Team for
a Raffle Pernit.
3. Certificates cf Public Convenicrce:
B-lach, Bayside & Coastal Cab
Diamond Taxi/Yellow Cab
4. Low bid of S. R. International, Inc., in the aipotint of
$96,700, for the Vi.,itor's Inforination Center (CIP 3-930)-,
AND, authorize the City @latiager to enter into the necessary
iAgrepments foi, tlie implen-ieritation of this p@oject.
5. Low !)id of V-*@rtexco C,,)rporat@ion, in the amrurit of $218,793,
1
for the Refuse Transfer Stntion (CIP 3-940); AND, authorize
the City Platiaqer to eriter into thc riecessary agreements for
the iinplementation of this project.
6. Low bid of Jolin Woodard, Jr., Inc., ir,. the arnount o@ $157,FOO,
for the Sewer Pump Shop Expansion TCIP 6-828); ANI), aLithor4z(-,
+he City !Ianager to enter into the necessary agreenients fow,
the implemeti'l-ation of tllis pi,oject.
7. Ordinance to repeal Sectiori 18-51 of the Code of the City
of Vii,ginia Beach pertaining to beer delivery trucl@s and
solicitors.
8. Ordinance to atrcnd and reo,,-dain Chapter 4, Sections 4-67,
4-68, and 4-69 of the Code of the City of Virginia Beict),
Virginia, relating to family table top commercial i,ecreation
cent,er@s.
9. Ordinance to amend a!ld reordain Section 28-26 of the Code
of tlie City of Virginia Beacli pertaining to se,,Ier rlaintenance
charges.
5
ITEM II H. PLANNING ITEMS
1. Deferred Items
a. Application of Susan r@oel MillE@r Clark for a change
of zoning frorn P@G-2 A(li,ictiltLiral District to B-2
Community-Business District on a 29, 812-sqtiare foot
parcel located alo;ig tlie west s4de of Princess Anne
Road, soutti of Indian River Road (Pungo Borough).
Letter from tlie City @lanager trinsmits the reconimendation
of the Planning Commi@;sior. for approval.
2. New Itenis
a. Application of S & C Company, a General Partnet,ship, for
chances of zoning frc)m R-6 Reside@itial District to P-8
Residential District on five parcels, totalliiig 8.7
acres, loca-ued along the @,est side of Little Neck Rozd,
between Alcott Road and Oxford Circle (Lynnhaven Borough).
Letter from the City Manag--r transniits the recom@',l(,'ndation
of the Plannirig Comrrission for approval.
b. Applicati6n of Editli Lawrence i,@hite for a c@iange of
zoning from R-5 Resi e@ritTal-fT-i@s-f@ ct to B-2 Corinitin t. -
Busincss Dis7f-ri@cf--on a 33,759-square foot par,cel !6cated.
along the west side of @lorth Lynn@aven Road, soijth of
Virginia Reach Boulev rd (Lyrinhaven Porou@lli).
I.ette), from tlie City ,Iariag(,t, transrnits the recol@rnt@nfiation
of the Planning Coiiimissi,)n @or denia-l-.
c. Appl-@Ication of Dixon e-,nd Van, Inc., for a c@l,,n@le of zoning
from R-8 Reside@fP, rTq@rf-i-t to 0-1 OFfice Pi -strict on
a 9,932-square foot par-cel located along I:F@ n st
cornei, of Indian lziver Road and General S'L-reet (Kemp-sville
Borough).
Letter from -@Lhe City Vanager transriits the i,Ecomineiidation
of the Planning Commission for rienial.
d. Application of Ronald I. and L.enore F. Leftcr,, for a change
of zoning froir, @--q7P@Td-e-ntiil Distr4ct to O-', Of-Fice
Dist@,ict on a 1/@l-?O-sqt,,are7f6-o-fTar-ci loc",ited i@, ttie
northwest corner of Princess Anne and Belingbain Poao's
(Kempsville Borough).
Letter from -'Lhe City t@anagei, transmits the recommc@,,idation
of the Planii4ng Ccqiiiiiss-ion for denial.
P,.-Pi
cf zonina from. A-i Apartmerit )iS'@t,ict to ri-" :Lo,-,rtment
Distri(,,t oii a 2@-1-6q-(;-s-q.L-t-are toot parce-i located aloria tlie
SOLIT,h Sile ot- Boi-,Iloy P,,oad, @@ast @,f Tllalia l@racc Di@..@ve
(Kemnsville. IloroLnh).
Lel:tcv, fi,oiii tl,.e @@ity r@a@ager recoinme-n(iiai--io;l
of the. Pliniiin@, Coii-,:iission for p roval.
6
ITEM II H. PLANNING I-IEMS (cont'd)
2. New Itenis (@ort@"d)
f. Application of Christopoulos Brothers for chenges of
zoning from R-6-@esi'd @i i@l i@f-rict to A-3 Aparti,.ient
'District on a 1.883-acre parcel and from-p--? ,,u,7,
Busiiiess Oistrict t,.) A-3 Apartiiient D-istric'T-l oil a 30,
622.68-square foot parcel. This site is To-cated east
of Diam,,)r@d Springs r@oad, sou-Lh of Haden Road (Raysi@le
Boi@ough),
Letter frcri thc, City Manarer transmits the i,ecomniendation
of tlie Plin@iing Commission for approval.
g. Application of @lilliam S. Lyo@is for a change of zoninci
from A-1 Ppartmen-t I)istrict-to B-4 Resort-Comiiercial
Distric-f -o-n a ,.@00-square foot parcel located alonf
the north side of 24@,@, Street, east of Arc@ic Aventje
(Virginia Beach Borough).
Lett-r frcm the City Managcr transmits tlie recommendation
of the Platining Coniiai@,sloyi for approval .
h. Application of Nlrqinia Reach i3ank of Comrrr@rce For a
charge of zoning r@o"IT -@-A@rtirent nistrict to B-A
Resort-ConiiTiercial Dist,, ici: on a lj,300-s(luarc fc)o+
parcel I(.@.--atcd alona the south sic!(,, of 3FIlh Slrc@e+,
west of Pacific Aven@ie (Virginia Peacii PDrough).
Lettel- from the City il,-,,,iaoer t@le l@ecommendation
of tlil Plariniiig Cci,,i@p-issioti for i,,@)pi@@)val .
i. Application of 1,1. B. Meredith, TI, for a charigc of 7oning
from 0--1 Offi(:e I)ist,@,ict to B-1 Pilsiriess-R(-,si(lf,,ntial
Distr7i-@f- -on-a 1,194-acre. parce" located along the south
i@de -@f-Princess Atine Roocl, east of COLirtilou@,t@ Drive
(Princess Anne Borough)-,
Letter from the City t,,anager transmits the recommeiiclatiort
of the Planning Comr@3ission fcy, @@o@l,
j. Applicatiori of Fentress @lood Associates, L.td., for a
conditional use permit for a.ri au,ton,otive sei-v-.ce centcr
-Wf.-'on) on a 41.44@5-square foot parco.1 located at
the soutl-@west intersection of Princess Anne Road and
Tiffanv Line (Kempsville Borough).
Letter from the City Manager ti,ansmits the recommendation
of the.- Planning Coni@iiission for oval.
k. Application of Amoco Oil @M @. for a -co@nditional use pey-mit
for ;.i ;Plf-,qprv4cp na,; station on a .546-acr@ r)arcel Incated
along the soutli siae of [.Ynnhaver, Parl,lway, east of Cherie
Drive (,Pr-iiicess An!-,e Boroigh).
Letter from @L@.e @lity @',,,na@@r tr-ansmits th(,,. r(@commendation
of the Planning Co:iitnission for @f,_o@ove(l.
7
I-rEM II H. PLANfqIrIG ITET,!S (cont'd)
2. New Itenis (cont'd)
1. Applicition of the Ne@q Jerusalem Church of Cod in
Christ for
a conditiorial tise nerlilit for a sanctuary
on a five.-acre site located along the sou+h and
_IL _2
north sides of Eri,@ Street, vies" of Lonastreet Avenue
(,Lyiinha%,cn Borough).
Letter fr,om the City Manager tratismits the recommendation
of the Plannir,.g Co;lli',lission for approval.
m. Application of Heritine Transplission Exchanqe, Inc.,
for a conditional ii se r)errrlit fol, an auto t,epai@ a@@l
on a 40,07 uare foot parcel located along the rorth
s4de of Virginia Beach Boulevard, west of First Colonial
Road (Lyniihaven Borough).
Le-Lter froni the City @lanager transmits the recommendation
of tlie Planiiing Commission for approval.
n. Ap,,)lication of Sand Dollar Associates foi, a-conditional
j@e@eriTiit for a pAr@inc,, lot at the southeast corner
of Atl@intic Avenue aiid 24@i Street (Virginia Reach
Borough).
Letter from the City Moiiager transmits thc @,ecommendation
oi' the Planiiing Coiflmission for approval.
o. Applicatici,i of Nevi Life Presb'/terian Church for a co,ncli--
tional use @e@it for a church and off ce on a one-acre
parcel located at the riorthwest corner of' @iolland RoaC,
and Goveri@r's Way (!'enipsville Porough).
Letter from the City llanager transmits t@ie recomniendation
of tlie Piiiining Coniin-ission for al)proval.
p. Application of G H F Properties, Inc., for a conditional
@e@rmit for @O@-siip@pri'vat-e ma-riria on a 21.5-acrc,.
parcel 5TEated alon@h v,,est side of-ffreen Hill Road,
north of Moonraker Lane (Lynnhaven Borougli)-
Letter@ fi-om the @i-@y @iaiiager t-ansmits the recommendation
of the Planning Commission for ro a@l.
q. Ordinaii,le to amend and reordain Article 15, Sections
150@ -i'(a), 1502(c) and 1505(s) of the Compre-hensive
Zoriing Ordinance pertaining to single family dviellinqs
and dui)lexes in the C-1 Arts and Conference District.
Let@@e.r frorr,- the City Manager transmits the recommendation
nf thr Pl,,rnin.@ for Pnprnv7@l
r. Ordinance to ainend and reordain Article 15, Sections
3.501(c)(6) and 15(il(c)(12) of the Coiflpre[ierts-ive Zoning
Ot,dinance perta-@*,iiing to use reculations in C-1
lkrts and Coiiference District.
l@t,om the (,ity !Ianager transmits the, recommcndation
of the fllannin( Conimission for approval.
8
ITEM 11 I. APPOIPITVENTS
1. Advisory Ei,osion Conmission
2. Citizens Comiri-@.t(,e To '-,'Uudy IMpz,,ct of State/Federal
LegislativE, Act-ioi,@s ari City Govcrnments
3. Committee To R2view B4,d Proposals - Rose Hall
Francis Laiid tiouse
4. Housing Board of Appeals
Norfolk Airpoi-t Ad lioc Erivirormental Conimittee
6. Planning Comniission
7. Southeaste@,n Pub*lic Se,vice Autliority
8. Soutlieas-Lern Virginia Planning Fjistrict Commission
9. Tide@qater Regional Gro!ip House Ccr.,mission
J. UNFINISHED B(JSTPESS
K. @IE14 BUSIIIESS
L. RECES'3 INTO E'AIECIJTIVE SESSIOli: Ap,,)oirte@e Evaluation
M. ADJOUPNIARNT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 July 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, 12 July 1982, at
Twelve-Thirty in the afternoon.
Mayor Jones advised "in the absence of a written policy for a forir@al
seating of City Council I have taken the liberty of seating the Members
of City Council on the basis of the Vice-Mayor sitting on one side of
the Chair and the former Mayor on the other side, and the rest of the
Members of Council on the basis of tenure in office. I'm not "wed"
to that policy so if you have any suggestions you'd like to bring
to me about changing I'll be happy to listen to you."
Councilman Baum made several comments regarding the formal seatilig
of the Members of City Council and requested formal Council action
to agree to a policy concerning the formal seating of Council.
Mayor Jones thanked all members of Council who have met with he and
the City Manager to discuss their concerns as well as plans for the
future of Virginia Beach, its citizens and legislative body.
ROLL CALL
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Absent@
Reba S. McClanan
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ITEM #18428
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION for the purpose of
discussing the following:
1. PERSONNEL MATTERS: Discussion or consideration of
em-pT-O-ymen I assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition or use of real property
for public purpose, or of the disposition of publicly
held property, or of plans for the future of an
institution which could affect the value of property
owned or desirable for ownership by such institution.
3. PERSONAL MATTERS: The protection of the privacy of
individuals in personal matters not related to public
business.
4. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
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,
Ill, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
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M A T T E R S B Y T H E M A Y 0 R
MAYOR'S COMMITTEE ON WATER ITEM #18429
Mayor Jones advised the only item he had on his agenda was
his appointment to the MAYOR'S COMMITTEE ON WATER FOR THE
APPOMATTOX RIVER WATER AUTHORITY, in addition to those
already serving.
M A T T E R S B Y C 0 U N C I L M E M B E R S
FALSE CAPE TASK FORCE REPORT ITEM #18430
Vice Mayor Henley presented to Council during the INFORMAL
MEETING the report of the FALSE CAPE STATE PARK TASK FORCE
and advised the three (3) day meeting was "one of the best
she has ever been a part of". Secretary Diener and the
State Parks Commission should be complimented for their work
in setting up the meeting, assembling the area representatives
and having the COMMITTEE meet "on-site" to meet head-on with
the problenis that have given us all much difficulty.
The Task Force recommends that the Fish and Wildlife Service
provide the Commonwealth an access corridor through the existing
Back Bay National Wildlife Refuge to False Cape State Park, in
exchange for a portion of the southernmost section of the
Park to include Big Ball Island and Horse Island which
contain valuable wetlands. This southernmost section would
thus extend from the Atlantic Ocean to the waters of Back
Bay.
Access through the established corridor will be strictly
limited to no more than 2,000 individuals per day during
peak usage periods. Vehicular access for public recreation
use through the corridor shall be limited to a mutually
approved public transportation system operated by the
Virginia Division of Parks.
The Task Force has identified four (4) primary forms of
public use:
1. Carefully controlled beach utilization.
2. Primitive camping.
3. Establishment of environmental education
program.
4. Fish and Wildlife management should be
continued.
The Task Force notes that the proposed exchange is substantially
consistent with the Fish and Wildlife Service's guidelines for
consideration of a land exchange.
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2. It provides as much beach area as possible
for state use as a park.
3. It insures future protection of the Refuge
by resolving this long-standing dispute, by
restrictinq access to North Carolina and by
endorsing the Fish and Wildlife Service's
Currituck Banks acquisition plans.
4. It permits residents of Virginia to have
increased, but still limited, access and
the use of the State Park.
5. The proposal is consistent with the purposes
for which the Refuge and the Park were
established.
The Task Force recognizes that the purpose of the land exchange proposal
is to benefit and further the objectives of both Back Bay National Wild-
life Refuge and False Cape State Park. A "No Action" Alternative presently
is unacceptable to the Commonwealth of Virginia because it restricts access
to and use of the State Park. The alternative under review by Interior
whereby the beachfront of Back Bay National Wildlife Refuge would be
exchanged for a portion of the state-owned wetlands is unacceptable
from several standpoints.
1. Conflicts with the basic objectives of
Back Bay National Wildlife Refuge which
"emphasize the protection of wildlife
habitat including the retention of the
ocean beach in its natural state".
2. Any exchange of National Wildlife Refuge
lands-for-lands outside a refuge must be
negotiated on an equal market value basis.
3. The Secretary of Interior's authority to
exchange lands in the National Wildlife
Refuge System with other lands outside that
System is circumscribed by his duty to insure
that the net effect of any exchange is to
enhance, not diminish, the preservation and
protection of native wildlife population and
habitats.
Consequently, the Task Force finds both the "No ACtion' alternative and
any alternatives involving the exchange of beach frontage for bayside
wetlands to be unacceptable on both legal and philosophical grounds.
The Task Force recommends that the following Alternative be granted
thorough consideration. "The Fish and Wildlife Service provides the
Commonwealth of Virginia an access corridor through the existing Back
Bay National wildlife Refuge to False Cape State Park, in exchange for a
portion of the southernmost section of the park to include Big Ball Island
and Horse Island which contain valuable wetlands and extending from the
Atlantic Ocean to the waters of Back Bay.' The Task Force recommends
that due consideration be given to the alternative means by implementing
the proposed exchange including: fee interests, exchange of easements
or a cooperative agreement. The Task Force further recommends this
preferred exchange contain the following constraints and specific
limitations:
7 /1 2/8 2
- 5 -
1. The access corridor should conform to the
natural contours of the refuge landscape,
should utilize existing roadbeds where
possible, and should not present drainage
patterns.
2. The access corridor should be constructed
so as to include overlooks and should be
designed to maximize the usage of environ-
mental education and interpretive facilities,
subject to physical constraints, to enhance
visitor understanding of the purpose of the
National Wildlife Refuge and State Park.
3. Access of people through the established
corridor will be strictly limited to no
more than 2,000 individuals per day.
4. Vehicular access for public recreational
use through the corridor shall be limited
to a mutually approved public transportation
system operated by the Virginia Division of
Parks. The transport system should be
designated so as to minimize sound and
sight impact upon refuge wildlife.
5. Public vehicular access through the trans-
Portation corridor shall be restricted to a
period of summer recreational usage from 15
May to 15 September. At all other times access
through the corridor will be limited to foot,
bicycle, traffic and park supervised educational
tours.
6. Public access through the transportation
corridor is contingent upon Virginia Parks
Division implementing a reservation system
to control visitation to False Cape State
Park, and the installation of a traffic
control system to minimize the impact of
vehicular congestion on the Sandbridge
community and vicinity.
7. The exchange must provide for administrative
access by both Fish and Wildlife and State
Park personnel through both jurisdictions.
8. This proposal is concluded with the under-
standing that the exchange is not to facilitate
road access to the State of North Carolina or any
liberalization of existing permit restrictions.
The Task Force recommends that no additional
permits be granted for access through the Refuge
or the Park to North Carolina, because increased
vehicular use of the beach environment is
fundamentally incompatible with recreation use
of the beach and wildlife management concerns.
Existing permittees should be routed through
the proposed access corridor.
9. The Task Force recommends that the Governor of
Virginia introduce and support a Bill to repeal
Chapter 322 Acts of Assembly, 1950 authorizing
construction of a coastal highway.
10. The Task Force recommends that the Governor of
Virginia recommend and support the Fish and
Wildlife Service's proposed National Wildlife
Refuge on the Currituck Outer Banks adjacent
to the lands exchanged herein.
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11. The legal statute or agreement implementing
the exchange provisions must include a
reverter clause, enforceable by citizen suit,
stipulating strict compliance of all per-
formance standards and regulations associated
with the access corridor.
12. Finally, the support of this Task Force for
the proposed land exchange is contingent upon
the substantive aspects of this proposal being
approved and ratified by Acts in both the
U. S. Congress and the Virginia General Assembly.
In allowing greater public use and enjoyment of the False Cape
State Park, development, maintenance and other activities must
be limited in order to ensure preservation of the beach, dunes,
marsh, other land and associated ecological systems thereon
unimpaired and vital for future generations. Special emphasis
must be given to preserving and restoring endangered, threatened
and rare species and conserving other wildlife.
Vice Mayor Henley advised there will be two "Scoping Sessions"
on this matter:
July 12, 1982 Richmond, Virginia
July 13, 1982 Pavilion - 7:30 p.m.
presented by the U. S. Fish and Wildlife Service
LETTER/OLD BEACH CIVIC LEAGUE ITEM #18431
Councilman Heischober made reference to a letter from Nancy
Parker, Old Beach Civic League, concerning the B-4 zoning
which allows a variety of different uses: Hotels, Apartments.
Councilman Heischober requested the Planning Department study
the B-4 zoning and present Council with recommendations as it
is a "hybrid which has outgrown its uses".
The Mayor requested the City Manager have his staff, (Planning
Department) study the matter and report recommendations to
Council.
Vice Mayor Henley requested the Planning Department study the
construction of condominiums in the B-4 zoning.
Councilman Kitchin made reference to a letter from the
Planning Department concerning B-4 zoning.
BLUE CROSS/BLUE SHIELD ITEM #18432
Councilman Heischober made reference to a letter received
from Blue Cross/Blue Shield, dated July 6, 1982, and after
studying and comparing the policies this is not the coverage stated
7/12/82
- 7 -
during the first presentation and requested the City Manager
meet with Blue Cross/Blue Shield to study the figures
presented by them as the figures presented by Prudential
would cost the City approximately $750,000.
Councilman Kitchin advised he believes competition is healthy
and does believe the figures of Blue Cross/Blue Shield were
,'misconstrued" somehow.
COX CABLE ITEM #18433
Councilman Kitchin advised he received an invitation from
Robert Hale, General Manager of Cox Cable, to meet with
Cox Cable concerning the justification for a rate increase.
Councilman Kitchin advised on the data sheet from Cox Cable
there was no mention of how many calls were being answered
a day; how many operators; what's the backlog; what do you
anticipate the need to be based on what you're able to handle
now for today's needs; what will it be next year if there is
an increase, etc.
The Mayor suggested the City Manager provide the information
suggested by Councilman Kitchin to each Member of Council.
The City Manager advised he had received a similar request
from his staff particularly on lots and the number of calls.
Councilman Jones requested the City Manager present each
Member of Council a copy of the franchise agreement.
Councilman Heischober made reference to the Editorial in
the VIRGINIAN-PILOT concerning Cities governing cable rates
and suggested each Member of Council read the Editorial.
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
FINANCIAL REPORT ITEM #18434
The City Manager advised Council Mr. Giles G. Dodd, Assistant
to the City Manager for Finance, will present to Council the
City's Financial Report.
Mr. Dodd advised the Financial Report includes exhibits of the
Water and Sewer, General and two operating funds. This is not
a complete financial report as there are some 55 to 60 funds
of the City and they are not included in this particular report.
-8-
GENERAL FUND (EXHIBIT A)
Revenues in the General Fund, excluding the General Property
Taxes (recorded under the accrual basis of accounting in FY
82 and 81 and the cash basis of accounting in FY 80, through
May 31, 1981) total $77,028,229 or 76.1% of the total estimated
for the year. Even though the total of revenues other than
General Property Taxes is below estimate in FY 1982 by
approximately 1.5% there were sufficient accruals of General
Property Taxes for the Grand Total of all revenues to approximate
our estimate through May 31.
Expenditures are slightly under the amount expected to be
expended through this period in FY 1982. The General Fund
had expenditures of 76.1% of total appropriations through
May 31, 1982, whereas FY 1981 the percentage was 82.0% and
87.6% in FY 1980.
WATER AND SEWER FUND (EXHIBIT B)
Revenues in this enterprise fund through May 31, 1982 totaled
$19,406,507 or 76.9% of the amount estimated for the year. This
compares with 81.0% in FY 1981 and 82.9% in FY 1980. Although
revenues in the Water and Sewer Fund through May 31, 1982
were approximately 5% below comparisions with the previous
two years, there is an offset since expenditures are less
than expectations by approximately 7.5%. Expenditures were
72.2% of total appropriations in FY 1982 whereas they were
77.8% of total in FY 1981 and 81.5% in FY 1980.
SCHOOL OPERATING FUND (EXHIBIT C)
Revenues in the School Operating Fund, excluding the
transfer from the General Fund, total $41,293,949 or
82.5% of the annual estimate. This compares with 88.5%
in FY 1981 and 86.6% in FY 1980.
The total revenues in the School Fund through May 31,
1982 reflect the fact that Federal Aid was considerably
below that which was anticipated through this date. In
FY 1982, receipts have totaled $4,261,298 or 59.7% of
annual estimate whereas, 99.5% of the annual amount had
been received by May 31, 1982 and 86.9% by May 31, 1980.
Additional impact aid in excess of $2,000,000 is anticipated
before close of business on June 30, 1982.
Expenditures in the School Operating Fund are approximately
5% below expectations through May 31, 1982. This fact
should permit a reversion to the General Fund on June 30,
1 9 82 .
REQUEST FOR EXPEDITION ITEM #18435
The City Manager advised he received a letter from Richard
Browner requesting his application of CHARLES AND BERNICE
KAPLAN be heard by City Council on August 23, 1982. The
application is scheduled to be heard before Planning Commission
on August 10, 1982. The application is a conditional use
permit for an auto repair facility.
The Planning Director advised due to problems in the application
it will not be heard before the Commission on 13 July 1982 and
it will have to be deferred for thirty (30) days.
This matter will be discussed and voted upon during the FORMAL
SESSION under NEW BUSINESS.
City Council recessed into EXECUTIVE SESSION, (1:22 p.m.)
7 1 2
-9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 July 1982
2:12 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, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Absent:
Reba S. McClanan
INVOCATION: Dr. M. G. "Pat" Robertson
Christian Broadcasting Network
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
----------- ----------------
- 1 0 -
M I N U T E S
ITEM II-D.1 ITEM #18436
Upon motion by Councilman McCoy, seconded by Vice Mayor Henley, City
Council voted to APPROVE the following sets of Minutes:
Regular Meeting of June 28, 1982
Special Meeting of June 29, 1982
Special Meeting of July 1, 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, Ill, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 1 1 -
S U R P R I S E P R E S E N T A T I 0 N
ITEM II-D.2 ITEM #18437
Casey F. Robinson, General Manager, VIRGINIA BEACH WEEKLY, presented to
Mayor Jones the framed plate of the front page of the first edition
of the VIRGINIA BEACH WEEKLY, VOLUME 1, NUMBER ONE, JULY 4, 1982.
P U B L I C H E A R I N G - c 0 X C A B L E
ITEM II-E.1 ITEM #18438
Mayor Jones declared the Public Hearing for the proposed rate increase
on basic services for Cox Cable Virginia Beach open.
The following spoke in favor of the proposed rate increase:
Robert Hale, General Manager, Cox Cable Virginia
Beach
Mark Strum, Atlanta Corporation Office-Cox Cable
spoke regarding accounting matters
Roger Pierce
John Morrison, WHRO TV President
Joe Dreps, representing himself, doesn't feel the
City should be in business of setting rates
Peter A. Thomas
The following spoke in opposition:
Robert Engesser
Brenda Milling
James Lanning was not present when his name was
called
The City Manager will bring his recommendations on this matter 9 August
1982 for further consideration.
Mayor Jones declared the Public Hearing closed.
-1 2 -
R B S 0 L U T I 0 N 0 F A P P R E C I A T I 0 N
ITEM II-F.l.a ITEM #18439
James Custer was present to receive the Resolution of Appreciation
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Henley,
City Council voted to ADOPT the Resolution of Appreciation and present
same to:
MR. AND MRS. JAMES CUSTER
McDONALD'S - KEMPSVILLE BOROUGH
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Votinq Nay:
None
Council Members Absent:
Reba S. McClanan
*COUNCILMAN ROBERT G. JONES VOICED A VERBAL 'AYE'
1 3 -
R E S 0 L U T I 0 N
WIIEREAS, Mr. and Mrs. Jamps Cusi7er liave located t@@ieir iiewly-
constructed McDonald's within the l@leiripsville Borou@Th of Virgiria
Beach; and,
WHEREAS, the location of this establishment V,ill contribtite
to the overall economic diversity of the coiiim@iiiity; and,
WHEREAS, as a part of their ribbon-cutting ceremony, Mr. and
Mrs. Custer donated $100 to the Virginia Beach Depart@,tent of Parks
and Recreation; and,
WHEREAS, this donation will assist in ttie operations of the
Department of Parks and Recreation for the benefit ol- all citizeii,@- of
the -@ity;
NOW, TIIEREFORE, BE IT RESC)LVED THAT TliE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH qratefully aci@nowleclges a,,i<l accepts the dotialion
of Mr. and Mrs. Ciister and wishes them success in their new business
ven"ure.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
-1 4-
ITEM II-F.2.a ITEM #18440
Mrs. Ada DeMint, Timberlake resident, spoke before Council concerning
the proposed Resolution and presented petitions with 333 signatures
from residents in the area (copies of which will be made a part of
these proceedings)
Upon motion by Councilman HeiBchober, seconded by Councilman McCoy,
City Council voted to DENY the Resolution requesting the ABC Board
to deny the application for an ABC license for the proposed 7-Eleven
Store at the intersection of Windsor Oaks Boulevard and Independence
Boulevard.
Voting: 8-2
Council Members Voting Aye: (for denial)
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 J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, and Meyera E. Oberndorf
Council Members Absent:
Reba S. McClanan
REQUESTED BY: COUNCIUQEMBER REBA S. MCCLANAN
At a meeting of the Council
of the City of Virgi.nia Beach
held on the _ day o"
1982, -,lie folloij-
ing resolution was adopted
RESOLUTIO--N
WHEREAS, there is currently being consider--d a Seven/
Eleven store at the intersection of Windsor oaks and Independence
Boulevard; and
WHEREAS, the owners have requested an ABC license
to sell alcoholic beverages (beer and wine); and
WHEREAS, the City Counc-11 is of the c)pinioil that such
an operation is not in the best inter(,-st of the commilni.t.y due to
its close proximity to schools i-n the a.-ea.
THEREFORE, BE IT RESOLVED BY THE COU'NCIL OF THE CI'Cl@' OF
VIRGINIA BEACH, VIRGINIA:
THAT the City Council of the City of Virgi-nia Beach
requests the ABC Board to deny the application for the ABC
license at this location.
BE IT FURTHER RESOLVED that the City Clerk is di.rected
to forward a copy of this reSolUt4lon to the ABC Board for its
consideration.
ADOPTED:
DENIED BY THE COUNCIT, O? THE CITY OF V-.RGI14IA BEACH
VIRGINIA, ON THE TWELF H DAY OF TT@L17, 19 2
JDB:er
7 -7-8 2
- 16 -
ITEM 11-F.2.b ITEM #18441
Upon motion by Councilman McCoy, seconded by Mayor Jones,
City Council voted to uphold the recommendation of the
City Manager and ADOPT the Resolution giving approval to
the City School Board to apply to the State Board of
Education of Virginia for a loan of $2,000,000 from the
Literary Fund for the construction of a new elementary
school in the west Kempsville area.
Voting: 1 0- 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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
RESOLUTION
WHEREAS, on @larch 16, 1981, the School Board received approval
from City Council to expend funds i, th, School Site Acquisition
Fund for the purcliase of a fiftean acre sitc in the West Kempsville
area for future construction of an cleinen@ary school, ald
W14EREAs, the Scliool Board now desires to begin constr,,tion
of an elementary school on tllis site, and
WHEREAS, the Code of Virginia ath,ri,es the Board of
Education to make loans from the Literary Plund to the school boards
for the purpose of erecting, al.tering or enlarging school buildings,
and
WIIEREAS, the School Board for the City of Virginia Beach
has presented an appliati,, addre,,sed to the State Board of
Education of Virginia for the ptirpose of borrowing fr,,@ the
Literary F,,nd $2,000,000 for the n,-,w school building at Kempsville
Borough to be paid in 20 annual installments and the interest
thereon at 3 percenl paid annually.
NOW, THEREFORE, BE IT RESOLVED EY TIIE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the applic ation of the City School Board
to the State Board of Education of Virginia for a loan of $2,000,000
from the Literary Fulicl is hereby approved.
This resolutibn sball be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of Jul@ 1982.
- 1 8 -
ITEM II-F.2.c ITEM #18442
Attorney Grover C. Wright, Jr., representing the Virginia Beach Fishing
Pier
Attorney Stanley A. Phillips, representing John Vakos, owner of
Sandcastle Motel (adjacent property owner)
Councilman Baum made a motion, seconded by Councilwoman Oberndorf, to
ADOPT the Resolution authorizing the City Manager to execute a franchise
agreement with the Virginia Beach Fishing Pier for a five (5) year
period.
Councilman Kitchin offered a SUBSTITUTE MOTION, seconded by Councilman
Heischober, NOT to extend the franchise of tlie Virginia Beach Fishing
Pier unless an agreement is made with the property owner or the
operator that would eliminate the use that is objectionable and
detrimental to the welfare of the oceanfront.
Voting: 5-4
Council Members Voting Aye: (SUBSTITUTE MOTION)
Nancy A. Creech*, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, W. H.
Kitchin, III
Council Members Voting Nay;
John A. Baum, Robert C. Jones, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Abstain:
Vice Mayor Barbara M. Henley
Council Members Absent@
Reba S. McClanan
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE" AS SHE INADVERTENTLY PUSHED
HER ABSTAIN BUTTON.
-19 -
ITEM II-F.2.d ITEM #18443
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution authorizing the City of Virginia Beach to execute
and join in the application of the County of Sussex for membership in
the Southeastern Public Service Authority of Virginia.
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
Reba S. McClanan
- 2 0 -
At a meeting of the Council
of the City of Virgillia Beach
held on the 12th day of July,
1982, the following resolution
was adoptcd.
RESOLUTIO',i AUTHORIZING THE CITY
OF VIRGINIA BEACH TO EXECUTE AND
JOIN IN TIIE APPLICATION OF THE
COUNTY OF SUSSEX FOR MEMBERSHIP
IN THE SOUTHEASTERN PUBIIIC SERVICE
AUTHORITY OF VIRGINIA
WHEREAS, the CITY OF VIRGINTA BEACH, the ("City") has
by ordinance adop-led, on the 3rd day of August, 1981, provi-ded
for the joinder of Sussex County as a meitber of the Southeastern
Public Service Authority of Virginia; and
WHEREAS, the County of Sussex has determined I-o apply
to the State Corporation Commissi.on o@- the Coamonwealth of
Virginia for membership in the Authority; and
WIIEREAS, such application must bc executed by the
proper officers of the political subdivisions that are now
members of the Authority, including the City, under official
seal, pui,suant to resolutions by the governing bodies of such
political subdivisions;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the Mayor of the City is hereby authorized to
execute the application of the County of Sussex for membership
in the Southeastern Public Service Authority, and his sigr)ature
be attested by the Clerk under official seal of the City.
- 2 1 -
ITEM 11-F.2.e ITEM #18444
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Mariager and
ADOPT the Resolution endorsing House Resolution 643 AND urging Congress
to adopt this or similar legislation to provide payment to the City of
Virginia Beach for the remedial work done to Long Creek Canal
necessitated by the Corps of Engineers dredging project.
Voting: 10-0
Council Members Voting Aye:
John A. Bauin, 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,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
R E S 0 L U T I 0 N
WHEREAS, iii 1977, the CiLv of Virginia Beach coin-
pleted certain remed"al engiiic!ering afid rehabilit:ation work
to Long Creek Canal at a cost of $1.66 million to the City;
and
WHEREAS, this work was necessitated by the scour
and erosion in the canal calised by a federal navigation
dredging project performed by the Army Corps of Engineers;
and
WHEREAS, representatives of the Norfolk District
Office of the Corps of Engineers have stated that the scour
and erosion,which necessitated the remedial- work by the City,
were caused by the Corps' dredging project; arid
WHEPXAS, since July, 1977, Congressman G. William
Whitehurst has continuously pursued legislation wllich would
authorize tlie Corps of Engineers to reiiiiburse tlie City of
Virginia Beach for the remedial worl@ performed to Long Creek
Canal; and
WHEREAS, the I-ategt Bill to provi-de for this reim-
burseinent, H.R. 643, is curreiitly p--nding before the House
Public Works Subcommittee on Water Resources.
NOW, THEREFORE, BE IT RESOLVED by tlie Council of the
City of Virginia Beach that H.R. 643 is hereby endorsed by the
City Council, and Congress is urged to adopt this or similar
legisl.ation to provide for payrnent to tlie City of Virgiiiia
Beach for the remedial work done to Lon(J Creel-, @anal necessitatc,,d
by the Corps of Engi.neers dredil@,,@ project.
T
- 2 3 -
ITEM II-F.2.f ITEM #18445
upon motion by Councilman McCoy, seconded by Councilwoman oberndorf, CitY
Council voted to uphold the recommendation of the City Manager and ADOPT
the Resolution approving the Newtown Road, Phase 11, Project AND requesting
the Virginia Department of Highways and Transportation to proceed with the
right-of-way acquisition approval and construction as expeditiously as
possible.
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
Reba S. McClanan
- 2 4 -
RESOLUTION
IVHEREAS, a Putlic Heariiig wa.5 con(4,ucted on June 29, 1981, in
the Citv of Vir.@iiii.a Beach by repi,esentatives of the Commonivealth
of V-*Ir,@inia, DepartTpcnt of Higiii,,ays and Transportation after due
and proper notice for the purpose of considering the proposed
location and desi@In for tlie recoiistruction of Newtown Road from
Virginia Beach Boulevard to Baker Road, State Project UOOO-134-107,
C-503, C-504, in tlie City's of Virginia Beach and Norfolk, at
which liearin@, aeria.1 photographs, drawings and other pertinent
in@@ormation were made available foT public i-nspection in accordance
ivith State req@airements, and
WHEREI,S, all personsand parties in attendance were afforded
full opportunity to participate in said Public Hearing, aiid
WHEREAS, representatives of the City of Virginia Beach were
present and participated in sii.d Hearing, and
WHEREAS, the City Council liad previously requested thc
Virl@in-@@a Dei)artinent o@ Highways and Transportation on @larch 26,
1973, to establisli an urban project for the ilnl)rover@ielit of this
portion of Ncivtown Road, and
1VHEREAS, the Cit), of Virginia Beach recominends that tlie
projel-t proceed as designed aiid prese.'Itcd at tlie fleari-n.@, and
WHEREAS, tlie Council considered all such matters,
THEREFORE, I)a it resolvcd that the Council of the City of
Virainia Beach, hereby approves the Droject as presented at tlie
Public Hearin@ and furtlier that tlie @ouncil requests the Virgini.a
Department of Highivavs and Traiisportatiori to proceed with the
right-of-viay acqui.si@ion approval and coristruction of the Newtolin
Road improvement between Vir@ini,a Beacii Boulevard and Baker Road
as expediti-ously as possible.
NT
/1 2/8 2
-2 5 -
ITEM II-F.2@,% ITEM #18446
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Resolution authorizing the City Manager and City Clerk to execute
those certain agreements relating to the Community Development Block
Grant Program for the Eighth Program Year.
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
-2 5 -
Requested by: Office of Housing and Community Development
The regular meeting of the Counc4-l of the City of
Virginia Beach, Virqinia, was held in tlie Council Chambers, in
the Administrati(5n Building, on the 12th day of July, 1982.
On motion by Councilnian Heischober and seconded
by Coxincilman the-@ofi-o ing Resolution was
adopted.
R E S 0 L U T I 0 N
A RESOLUTIO14 AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THOSE CERTAIN AGREEMENTS RELATING TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRI@M FOR THE EIGHTH PROGRAM
YEAR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA: That the City Manager and the City Clerk are
hereby authorized to execute those certain aqreements relatinq to
the Community Development Block Grant Program for the Eighth
Program Year.
Adopted by the Council of the City of Virginia Beach,
Virginia, this dal, of July, 1982.
Approved:
Mayor
Attest:
City Clerk
7/6/82
(RES.2)
@-I L Y
-2 6-
C 0 N S E N T A G E N D A
ITEM II-G ITEM #18447
upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, CitY
Council voted to ADOPT the CONSENT AGENDA by ONE MOTION.
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, J. Henry McCoy, Jr., D.D-S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council members Absent:
Reba S. McClanan
-2 7 -
ITEM II-G.1 ITEM #18448
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the request of the Commissioner of the Revenue
for license refunds in the amount of $959.86.
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
A14 ORDIN'A!,!Cr, AUTIICIIIZIIl@-I LICE:,SE REFUNT)S
13POI,@' APiI,TCAT.10,1' r
UPON CEfT.-LrICAa'101@ Of" TliL' CC),.INIISSIONER
OF TIIE REVENUE
Br- IT 61ZDAINr@D r@' TIIE COUI@CIL OF TIIE CITY Or VII'@GII@I,@ BEACII, VIRGINT7@:
That the follc)@.@i@ig applications for licell sc, refunds, upon certi-@ication
:lie Co,@-nissioncr of ti-@
e Revenue are licreby appi-oved:
Ll(
...... YEAR PAID BASE PENALTY 11@T. TC)Tj@l,
gnor, Robert J. 7 9/8 0 7 9/8 0 43.88 43.88
etz Converse Murdoc): Inc 1981 2/26/81 449..L7/ 449.17
lorelan, M. @l. 1/6/81 1/6/81 '1,8.3.83 83.83
liphaht, Ruth Gibson 1980 10/30/80 15.27 15.27
(-nn Associ@.i',-cs Inc. 78/79 78/79 255.03
eay, Garland T. &
Howerin, Lucille 80/81 80/81 112.68 112.68
ortifie@i a-. to Pa@,inc@iit:
UN I (,'8 2
ID @PT. C) [7-
LAKA
CoiTaiiissioi)oi
Approved as to forni:
y
The above abatentent(s) totaling $ 959.86 -,ere approved by the
uncil of the City of Virginia Beacli on the 12tl' day of July
Clc-rk
- 2 9 -
ITEM II-G.2 ITEM #18449
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the request of Virginia Beach Astros
Softball Team for a Raffle Permit.
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,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 3 0 -
ITEM II-G.3 ITEM #18450
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the following Certificates of Public Convenience:
BEACH, BAYSIDE AND COASTAL CAB
DIAMOND TAXI/YELLOW CAB
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Way:
None
Council Members Absent:
Reba S. McClanan
- 31 -
ITEM II-G.4 ITEM # 18451
The following bids have been received for the Visitor's
Information Center (CIP 3-930):
S. R. International, Inc. $ 96,700
Virtexco Corporation $111,332
M. M. Rollins, Jr., and Company $113,162
ENGINEER'S ESTIMATE $144,025
Upon motion by Councilman Baum, seconded by Councilwoman
Oberndorf, City Council voted to APPROVE the low bid of
S. R. International, Inc., in the amount of $96,700 for
the Visitor's Information Center (CIP 3-930); AND,
authorized the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: I 0 - 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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
-3 2 -
ITEM II-G.5 ITEM #18452
The following bids have been received for the Refuse Transfer Station
(CIP 3-940):
Virtexco Corporation $238,793
Century Concrete Services, Inc. $245,200
Luke Construction Company, Inc. $309,500
ENGINEER'S ESTIMATE $240,000
Upon motion by Councilman Baum, seconded by Councilwoman oberndorf, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the low bid of Virtexco Corporation, in the amount of $238,793 for the
Refuse Transfer Station (CIP 3-940)1 AND, authorized the City Manager to
enter into the necess&ry agreementb for the implementation of this
project.
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 3 3-
ITEM II-G.6 ITEM #18453
The following bids have been received for the Sewer Pump
Shop Expansion (CIP 6-828):
John Woodard, Jr., Inc. $157,500
Whitfield/Gee Construction
Company, Inc. $164,000
Beach Building Corporation $175,915
George Jensen, Inc. $177,657
L. J. Hoy, Inc. $179,900
Kirk Construction Corporation $188,418
M. M. Rollins, Jr., and
Company $191,328
Woodington Electric, Inc. $220,000
ENGINEER'S ESTIMATE $135,832
Upon motion by Councilman Baum, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the City Manager and APPROVE the low bid of John Woodard,
Jr., Inc., in the amount of $157,500 for the Sewer Pump
Shop Expansion (CIP 6-828); AND, authorized the City Manager
to enter into the necessary agreements for the implementation
of this project.
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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
-3 4-
ITEM II-G.7 ITEM #18454
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to repeal Section 18-51 of the Code of the City of Virginia
Beach pertaining to beer delivery trucks and solicitors.
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. JoneB, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
3 5 -
AN ORDINANCE TO REPEAL SECTION 18-51 OF
THE CODE OF CITY OF VIRGINIA BEACH
PERTAINING TO BEER DELIVERY TRUCKS AND
SOLICITORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 18,-51 of the Code of the City of Virgiiiia
Beach is hereby repealed.
This Ordinance shall become effective from the date of
its adoption.
Adopte(J by the Cotincil of the City of Virginia Beach
this @,h day o f 1982.
MES/sm
6/24//82
@--@"I"'T"O, C
DEPARTM,i
CITY A,Tfo,,,
- 3 6-
ITEM II-G.8 ITEM #18455
Upon motion by Councilman Baum, seconded by Councilwoman Oberndarf, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to amend and reordain Chapter 4, Section 4-67, 4-68 and 4-69 of
the Code of the City of Virginia Beach, Virginia, relating to family
table top commercial recreation centers.
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 B. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
-3 La-
Requested by: City Manager
AN ORDINANCE TO A@IEND AND REORDAIN
CHAPTER 4 SECTIONS 4-67, 4-68, AND
4-69 OF TIJE CODE OF THE CITY OF
VIRGINIA BEACII, VIRGINIA, RELATING
TO FAMILY TABLE TOP COMMERCIAL
RECREATION CENTERS
BE IT ORDAINED BY THE COUNCIL OF TIJE CTTY OF VI@GINIA
BEACH, VIRGINIA:
That Sections 4-67, 4-68, and 4-69 of the Code of the
City of virginia Beach are hereby amended and reordained to read
as follows:
Section 4-67. Required.
No person shall operate a family table top commercial
recreation center viithin the city, without first obtaining a an
annual permit from tlie city manager or his authorized
representative.
Section 4-68. Filing and contents of application.
An Aapplication for a permit required by this divisioll
shall be filed initially, and aniiually thereafter, i.n the office
of the city manager and shall contain the following information:
(1) The nanie, address, age, social security number, race
and sex of tlie applicant, date and place of his
birth and, where pertinent, the relationship of the
applicant to any companv, corporatioll or otlier
entity which has any interest in the ownersllip or
management of tlie center.
(2) Prior criminal convictions, excl.uding traffic
offenses, of the applicalit, if any.
(3) Prospective location of the center.
(4) MaximLim nl]mber of patrons the center will
ac,commodate.
(5) A list of all employees who are expected to serve in
a managerial capacity in the center.
(6) A certi.fication by the applican'. that all
requirements of this article have been cornplied
with.
3 Cl,
Section 4-69. Fee.
Each application for a permi'l- under this div,,'sion shall
be accompanied by a fee of one hiindred
and fifty dollars ($150.00), which shall not be refundable.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 12 day of j,,ly 1982.
MES/re
6/2/82
(A.1)
Z,
)VF,,D TO CO
A
-2-
-37 -
ITEM II-G.9 ITEM #18456
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to amend and reordain Section 28-26 of the Code of the City
of Virginia Beach, virginia, pertaining to sewer maintenance charges.
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 B. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
Reba S. McClanan
AN ORDINAN'@E TO AMEND AND REORDAIN
SECTION 28-26 OF THE CODE OF THE
CITY OF VIRGINIA BEACII PERTAINING
TO SEWER MAINT-NANCE CIIA,-RGES
BE IT ORDAINED BY THE CITY ('OUNCIL OF T[iE CITY OF
VIRUINIA BEACH, VIRGINIA:
That Section 28-26 of the Code of the City of Virginia
Beach is hereby ainended and reordained ,G fol o,
I
Section 28-26. Sewer maintenance cliarges established.
The following monthly maint6nance charges are hereby
established with respect to all property connected directly or
indirectly to the Public sewer system maintained by the city:
(a) Residential Uses:
(1) Single-family residences: $7.00.
(2) Structures with two (2) or more family residential
units, and trailer parks:
a. First unit or trailer: $7.00.
b. Each additional unit or trailer; $5.25.
(3) Hotels and motels:
a. For the first room provided for occupancy:
$ 7 . 0 0 .
b. Each additional rooll for occupancy: $2.80.
(4) Campgrounds:
a. For the first space provided: $7.00.
b. For each additional space provided: $2.80.
(5) If a structure ith two (2) or more
fam separate water meters
serving each or any individual units. the sewer
maintenance charge for the individuallv metered
unit(s) shall be no less than $7.00 ider water
meter.
(b) Nonresidential. tises:
(1) For all nonresidential uses in which there is
also supplied public water service, the sewer
mainte@,ance cliar(l(-, shall be deterittined bi, f-fie. size
- 3 9 -
of the water tap through which water is provided,
as per tlie following s--hedule:
Tap Size Moiithly Char(le
3/4 incli . . . . . . . I . . . . . . . $7.00
1 inch . . . . . . . . . . . . . . . . $8.75
1 1/2 inch . . . . . . . . . . . . . $17.50
2 inch . . . . . . . . . . . . . . . $26.50
3 inch . . . . . . . . . . . . . . $52.25
4 inch . . . . . . . . . . . . . . . $87.50
6 inch . . . . . . . . . . . . . . . $175.00
8 inch . . . . . . . . . . . . . . . $406.00
10 inch . . . . . . . . . . . . . . . $672.00
12 inch . . . . . . . . . . . . . . $1,022.00
(2) For all nonresidential uses in which public water
service is not avail.able, the monthly charge shall
be as folloiis:
a. 0-4 commodes: $14.00.
b. Eacli additional commode over four: $2.80
per commode.
The charges prescribed in this section shall be calculated for
each service period by inultiplying the number of days in the
service period by the applicable daily charge for the rates on a
twelve (12) month basis.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1982.
RHM/da
5/26/82
6/2 5/8 2
(D)
AS TO CO@ITE@-r
2--
- 40-
ITIM IT-H2.p IThm #184S7
THIS ITEM WAS BROUGHT FORWARD
A letter was received from Timothy E. Barrow, Tim Barrow and Associates, opposing
the request for deferral.
A letter was received from Delegate William R. O'Brien rea.uesting defe-rral.
A letter was received from William Flerning, J-r., 2077 Thomas Bishop Lane,
registering opposition to the proposed use permit.
There being no consensus by Council Members to DEFER this applicatim bf G H F
PROPERTTES, INC., Timothy Barrow represented the applicant.
Don Damuth, rep-resenting the opposition, requested deferral.
Llpon motion by Councilman Jennings, seconded by Councilu@oman Creech, City Council
voted to DEFER UNTIL AUGUST 2, 1982, the application of G H F PROPFRTIES, TNC.,
for a Conditional UsO Permit.
Counci@ Heischober offe-red an MENDIF.NT to the @IAIN @4@TON, seconded by Counci.1-
woman Creech, to give to Timothy Barrow the necessary letter to the Tnstitute
of Ntrine Science suggesting "they proceed with the consideration of the four (4)
slips and one (1) pier and that request does not indicate on the part of this
Council that we will either apptove or ultimately reject this apl)lication".
With the concurrence of Councilman Jennings and Council@man Creech, the MATN
MOTION reads as follows:
Upon motion by Councilman Jennings, seconded by Councilwman
Creech, City Council voted to DEFER UNTIL AU(@UST 2, 1982, the
application of G H F PROPFRTIES, TNC., for a Conditional Use
Permit and to give to Timothy Barrow the necessary letter to-
t e Tnstitute of @larine Science suggesting the-y proceed with
the consideration of four (4) slips and one (1) pier and that
request does not indicate on the patt of this Council that
they will either apiprove or ultimately reject this application.
Voting: 7-3
-41-
Council Members Voting Aye: (For Deferral)
Nancy A. Creech, HaTold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, W. H. Kitchin, III,* J. Henry
@IcCoy, Jr., D.D.S., and @leyera F. Oberndorf
Council Members Voting Nay:
John A. Baum, Vice MayoT Barbara M. Henley, and Robert G.
Jones
Council Members Absent:
Reba S. McClanan
*COUNCI@ KITCHIN VOICED A VFRBAL "AYFI,
- 4 2 -
ordinance upon application of G H F Properties, Inc., for a
Conditional Use Permit for a 20-slip private marina on certain
property located on the West side of Green Hill Road beginning
at a point 163.71 feet North of Moonraker Lane, running a dis-
tance of 1100 feet more or less along the West side of Green
Hill Road, running a distaiice of 240.49 feet in a Northwesterly
direction, running a distance of 125 feet in a Northeasterly di-
rection, running adistance of 149.15 feet in a Northwesterly
direction, running a distance of 280 feet in a Northeasteriy
direction, running a distance of 500 feet more or less along
the Southern boundary of Broad Bay, running a distance of 1600
feet more or less along the Western property line, running a dis-
tance of 151.64 feet in an Easterly direction, running a
distance of 225.85 feet in a Northeasterly direction and running
a distance of 302.74 feet in a Southeasterly direction. Said
parcel contains 21.5 acres. LYNNHAVEN BOROUGH.
- 4 3-
ITEM II-H.I.a ITEM #18458
Robert Clark speaking in behalf of Susan Noel Miller Clark read a
letter from Attorney William B. Smith advising Council of the voluntary
restrictions they would place on the property and presented Council a
copy of the DECLARATION OF RESTRICTION.
Upon motion by Vice Mayor Henley, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of SUSAN NOEL MILLER CLARK for a Change of
Zoning District Classification as per the following subject to the
following condition;
1. Applicant voluntarily agrees to landscape the
five-foot area from the property line with a
screening hedge and would prohibit any parking
in this area as provided in the Comprehensive
Zoning Ordinance Section 912(c)(1). (Copy of
the Declaration of Restriction is on file in
the Office of City Clerk and Office of
the City Attorney.)
ORDINANCE UPON APPLICATION OF SUSAN NOEL MILLER Z0782657
CLARK FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM AG-2 AGRICULTURAL DISTRICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Susan Noel Miller Clark for a
Change of Zoning District Classification from AG-2 Agricultural
District to B-2 Community-Business District on certain property
located on the West side of Princess Anne Road beginning at a
point 500 feet more or less South of Indian River Road, running
a distance of 222.90 feet along the West side of Princess Anne
Road, running a distance of 165.28 feet along tbe Southern
property line, running a distance of 108.78 feet along the
Western property line and running a distance of 194.25 feet
along the Northern property line. Said parcel contains
29,811 square feet. PUNGO BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Applicant voluntarily agrees to landscape the
five-foot area from the property line with a
screening hedge and would prohibit any parking
in this area as provided in the Comprehensive
Zoning Ordinance Section 912(c)(1). (Copy of
the Declaration of Restriction is on file in
the Office of City Clerk and Office of
the City Attorney.)
-44-
2. Standard improvements as required by the Site Plan
Ordinance.
3. An adequate drainage outfall system with all necessary
downstream improvements and easements is to be provided.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
4 5 -
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, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
Nancy A. Creech
Reba S. McClanan
- 4 6 -
ITEM II-H.2.a ITE@, #18459
C. G. Harris represented the applicant (partner in the company)
Irv Douglas, resident of Kings Point Subdivision and representing
Kings Point, Kings Grant and the Little Neck Civic Leagues and
the communities of Kings Forest and Malibu, requesting Council
include in the conditions a seven (7) year construction deadline.
Captain Rosen, adjacent property owner, spoke in favor of the
proposed application.
Mr. Harris advised that the City Manager's letter states "the existing
zoning permits 30 single-family units...." and he corrected that state-
ment to "the existing zoning permits 45 single-family units".
The Planning Director advised "I can't confirm that it will allow 45,
but I think I can pretty much go along with the fact that it's likely
to allow a lot more than 30 because of the particular shape of the
property and the fact that the streets are already in".
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of S & C COMPANY, A GENERAL
PARTNERSHIP, for a Change of Zoning District Classification as per
the following:
ORDINANCE UPON APPLICATION OF S & C COMPANY, Z0782658
A GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL
DISTRICT TO R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of S & C Company, a General
Partnership, for a Change of Zoning District Classifi-
cation from R-6 Residential District to R-8 Residential
District on certain parcels located on the West side of
Little Neck Road:
Parcel 1: Beginning at the Northwest intersection of
Little Neck Road and Alcott Road, running a distance
of 995.06 feet along the West side of Little Neck Road,
running a distance of 100 feet along the South side of
Edinburgh Drive, running a distance of 995 feet along
the Western property line and running a distance of 100
feet along the North side of Alcott Road.
Parcel 2: Beginning at the Northwest intersection of
Little Neck Road and Edinburgh Drive, running a distance
of 995.19 feet along the West side of Little Neck Road,
running a distance of 100 feet along the Northern property
line, running a distance of 995 feet along the Western pro-
perty line and running a distance of 100 feet along the North
side of Edinburgh Drive.
Parcel 3@ Beginning at the Northwest intersection of Little
Neck Road and Lemon Way, running a distance of 878.36 feet
more or less along the West side of Little Neck Road, running
a distance of 197.88 feet more or less along the Northern
property line, running a distance of 915.59 feet along the
Western property line and running a distance of 100 feet along
the North side of Lemon Way.
- 47 -
Parcel 4: Beginning at the Northwest intersection of
North Deryl Lane and Sea Horse Way, running a distance
of 200 feet along the West side of North Deryl Lane,
running a distance of 90 feet in a Southwesterly di-
rection, running a distance of 200 feet more or less
along the Northern property line, running a distance
of 100 feet along the Western property line and
running a distance of 165 feet more or less along the
North side of Sea Horse Way.
Parcel 5: Beginning at a point 265 feet more or less
North of Sea Horse Way, running a distance of 399.20
feet along the West side of North Deryl Lane, running
a distance of 283.54 feet along the Northern property
line, running a distance of 261.75 feet in a Southerly
direction, running a distance of 78.37 feet in a South-
easterly direction and running a distance of 121.35
feet in a Southerly direction. Said parcel contains
8.7 acres. LYNNHAVEN 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 or Subdivision Ordinance.
2. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
4 8-
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, Ill, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 4 9 -
ITEM II-H.2.b ITEM #18460
City Clerk advised Council of a letter received from Attorney Donaid
H. Rhodes requesting a 30-day deferral of the application of EDITH L.
WHITE.
Attorney Donald H. Rhodes represented the applicant
Ann W. Whitlach, Pinewood Gardens Civic League, spoke in opposition
requesting the application NOT be deferred.
Gwen Wood, representing Pinewood Gardens Civic League, spoke for
225 people of the civic league in opposition and presented petitions
from the area residents in opposition. (A copy of the petition will
be made a part of these proceedings). Mrs. Wood also spoke in
opposition to the request for deferral.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and DENY the application of EDITH LAWRENCE WHITE for a.Change of Zoning
District Classification as per the following,
Ordinance upon application of Edith Lawrence White for
a Change of Zoning District Classification from R-5
Residential District to B-2 Commurlity-Business District
on certain property located on the West side of North
Lynnhaven Road beginning at a point 222 feet South of
Virginia Beach Boulevard, running a distance of 225 feet
along the West side of North Lynnhaven Road, running a
distance of 150 feet along the Southern property line,
running a distance of 225 feet along the Western property
line and running a distance of 150 feet along the Northern
property line. Said parcel contains 33,759 square feet.
LYNNHAVEN BOROUGH.
Voting: 8-2
- 50 -
Council Members Voting Aye: (for denial)
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:
John A. Baum, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Reba S. McClanan
- 5 1 -
ITEM II-H.2.c ITEM #18461
Attorney Stanley Peerless represented the applicant
F. Koche, Real Estate Agent for both property owners
Thomas Jennings, Vice President, United Civic League, spoke in
opposition.
Councilman McCoy made a motion to APPROVE the application of DIXON
AND VAN, INC., for a Change of Zoning District Classification.
There being no second the motion was lost.
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning Commission
and DENY the application of DIXON AND VAN, INC., for a Change of Zoning
District Classification as per the following:
Ordinance upon application of Dixon and Van, Inc., for a
Change of Zoning District Classification from R-8 Resi-
dential District to 0-1 Office District on certain pro-
perty located at the Northwest corner of Indian River
Road and General Street, running a distance of 60.36 feet
along the North side of Indian River Road, running a
distance of 109.14 feet along the Western property line,
running a distance of 94.97 feet along the Northern
property line, running a distance of 82.53 feet along the
West side of General Street and running around a curve a
distance of 35.08 feet. Said parcel contains 9,932 square
feet. KEMPSVILLE BOROUGH.
Voting: 9-1
- 5 2 -
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Greech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, and Meyera E. Oberndorf
Council Members Voting Nay:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Reba S. McClanan
- 5 3-
ITEM II-H.2.d ITEM #18462
Attorney Grover C. Wright, Jr., represented the applicant and presented
to the City Clerk a letter from the residents in the immediate area,
including the property owners to the east, stating approval of the
proposed application.
The following spoke in opposition;
Dorothy Wells, Kings Manor Civic League
Edward A. Kelly, adjacent property owner
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 RONALD I. AND LENORE F. LEFTON
for a Change of Zoning District Classification as per the following@
Ordinance upon application of Ronald 1. and Lenore F.
Lefton for a Change of Zoning District Classification
from R-8 Residential District to 0-1 Office District
on certain property located at the Northwest corner of
Princess Anne Road and Belingham Road, running a distance
of 137.58 feet along the liorth side of Princess Anne Road,
running a distance of 156.41 feet along the Western property
line, running a distance of 124.96 feet along the Northern
property line and running a distance of 115.98 feet along
the West side of Belingham Road. Said parcel contains
17,206 square feet. KEMPSVILLE BOROUGH.
Voting, 8-2
- 5 4 -
Council Members Voting Aye: (for denial)
Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert G. Jones, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, and W. H. Kitchin, Ill
Councii Members Absent:
Reba S. McCianan
- 5 7 -
ITEM II-H.2.f ITEM #18464
COUNCILWOMAN OBERNDORF LEFT COUNCIL CHAMBERS
Attorney James Pickrell advised Council he presented to the Planning
Director a recordable agreement signed by the property owners
incorporating all conditions.
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the applications of the CHRISTOPOULOS BROTHERS
for Changes of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF CHRISTOPOULOS Z0782660
BROTHERS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT
TO A-2 APARTMENT DISTRICT (MODIFIED FROM A-3
APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA@
Ordinance upon application of Christopoulos Brothers for a
Change of Zoning District Classification from R-6 ResidenLial
District to A-2 Apartment District (Modified from A-3 Apartment
District) on certain property located 450 feet East of Diamond
Springs Road beginning at a point 150 feet South of Haden Road,
running a distance of 146.04 feet feet along the Northern pro-
perty line, running a distance of 50.5 feet in a Southerly
direction, running a distance of 32 feet in an Easterly direction,
running a distance of 300 feet in a Southerly direction, running
a distance of 115 feet in an Easterly direction, running a
distance of 50 feet in a Southerly direction, running a distance
of 25 feet in a Westerly direction, running a distance of 150.47
feet in a Southerly direction, running a distance of 226.44 feet
along the Southern property line and running a distance of 530
feet more or less along the Western property line. Said
parcel contains 1.883 acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Modified to A-2 Apartment District.
2. Standard improvements as required by the Site Pian
Ordinance.
3. City water and sewer.
4. Access from Haden Road is unacceptable. An acceptable
alternate means of access shall be provided.
5. A buffer is to be provided along all boundaries adjoining
single-family homes.
6. The applicant has voluntarily agreed to submit an instrument
for recordation restricting construction to coridominiums.
This document is to be recorded in the office of the Clerk
of Circuit Court.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
- 5 8-
ORDINANCE UPON APPLICATION OF CHRISTOPOULOS Z0782661
BROTHERS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 COMMUNITY-BUSINESS
DISTRICT TO A-2 APARTMENT DISTRICT (1110DIFIED
FROM A-3 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Christopoulos Brothers for a
Change of Zoning District Classification from B-2 Community-
Business District to A-2 Apartment District (modified from A-3
Apartment District) on certain property located 376.98 feet
East of Diamond Springs Road beginning at a point 150 feet South
of Haden Road, running a distance of 73.02 feet along the Southern
property line, running a distance of 530 feet more or less along the
Eastern property line, running a distance of 42.75 feet along the
Southern property line and running a distance of 529.55 feet along
the Western property line. Said parcel contains 30,622.68 square
feet. BAYSIDE BOROUGH
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Modified to A-2 Apartment District.
2. Standard improvements as required by the Site Plan
Ordinance.
3. City water and sewer.
4. Access from Haden Road is unacceptable. Ail acceptable
alternate means of access shall be provided.
5. A buffer is to be provided along all boundaries adjoining
single-family homes.
6. The applicant has voluntarily agreed to submit an instrument
for recordation restricting construction to condominiums.
This document is to be recorded in the office of the Clerk
of the Circuit Court.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
5 9 -
Voting; 7 - 2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H.
Jack Jennings, Mayor Louis R. Jones, Robert G. Jones,
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay.
Vice Mayor Barbara M. Henley, and W. H. Kitchin,
ill
Council Members Absent:
Reba S. McClanan, and Meyera E. Oberndorf
-5 5 -
ITEM II-H.2.e ITEM #18463
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of BREEDEN DEVELOPMENT
CORPORATION for a Change of Zoning District Classification as per
the following:
ORDINANCE UPON APPLICATION OF BREEDEN DEVELOPMENT Z0782659
CORPORATION FOR A CHANCE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 APARTMENT DISTRICT TO A-3
APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Breeden Development Corporation
for a hange of Zoning District Classification from A-1 Apartment
District to A-3 Apartment District on certain property located on
the South side of Bonney Road, 99.98 feet East of Thalia Trace
Drive, running a distance of 99.98 feet along the South side of
Bonney Road, running a distance of 236.62 feet along the Eastern
property line, running a distance of 99.97 feet along the Southern
property line and running a distance of 237.10 feet along the
Western property line. Said parcel contains 23,696 square feet.
KEMPSVILLE 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.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twelfth day of July, 1982.
5 6 -
Voting: 8- 2
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf
Council Members Absent:
Reba S. McClanan
-6 0 -
ITEM II-H.2.g ITEM #18465
COUNCILWOMAN OBERNDORF RETURNED TO COUNCIL CHAMBERS
Attorney Robert B. Cromwell, Jr., represented the applicant
Mrs. Anne Henry spoke in opposition requesting denial of the
application
Upon motion by Councilman Kitchin, seconded by Councilwoman Creech,
City Council voted to DENY the application of WILLIAM S. LYONS for
a Change of Zoning District Classification as per the following:
Ordinance upon application of William S. Lyons for a
Change of Zoning District Classification from A-1
Apartment District to B-4 Resort-Commercial District
on Lot 6, Block 94, as shown on plat entitled "Plat
#6, of Virginia Beach Development Company" and located
at 313 24th Street. Parcel contains 9500 square feet.
VIRGINIA BEACH BOROUGH.
Voting: 7-3
Council Members Voting Aye: (for denial)
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara
M. Henley, Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, H. Jack Jennings, Jr., and J. Henry McCoy,
Jr., D.D.S.
Council Members Absent:
Reba S. McClanan
- 6 1-
ITEM II-H.2.h ITEM #18466
COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS
Attorney Thomas C. Broyles represented the applicant
Upon motion by Counciluian Kitchin, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of VIRGINIA BEACH BANK OF
COMMERCE for a Change of Zoning District Classification as per the
following:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH BANK Z0782662
OF COMMERCE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 APARTMENT DISTRICT TO B-4
RESORT-COMMERCIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Virginia Beach Bank of
Commerce for a Change of Zoning District Classification
from A-1 Apartment District to B-4 Resort-Commercial
District on property located on the South side of 35th
Street, 105 feet West of Pacific Avenue and known as
the Western 45 feet of Lot 13 and Lot 14, Block 108,
Linkhorn Park. Parcel contains 13,300 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.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
6 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,
Rogert C. Jones, W. H. Kitchin, 111, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, and Reba S. McClanan
- 6 3 -
ITEM II-H.2.i !TEM #18467
W. B. Meredith, II, spoke in behalf of his application.
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 W. B. MEREDITH, 11, for
a Change of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF W. B. MEREDITH, II Z0782663
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM 0-1 OFFICE DISTRICT TO B-1 RESIDENTIAL-
BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of W. B. Meredith, 11, for a
Change of Zoning District Classification from 0-i Office
District to B-1 Business-Residential District on property
located on the South side of Princess Anne Road, 160 feet
more or less East of Courthouse Drive and known as a portion
of Lots 9 and 12, Parcel A, Court House Acres. Parcel
contains 1.194 acres. PRINCESS ANNE 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.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
6 4 -
Voting: 9-0
Council Members Voting Ayel
John A. Baum, Harold Heischober, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Mayor Louis R. Jones,
Robert B. Jones, W. H. Kitchin, III, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, and Reba S. McClanan
- 6 5-
ITEM II-H.2.j ITEM #18468
Douglas Talbot, Talbot and Associates, represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of FENTRESS WOOD ASSOCIATES, LTD., for a
Conditional Use Permit as per the following subject to the inclusion
of an additional condition:
1. Five-year temporary access easement subject to
documentation by the applicant. The City
Attorney is to report to Council upon approval
of the document. Should Ferrell Parkway be
constructed within that five-year period, the
temporary access would be eliminated. The
access will be for INGRESS traffic only.
ORDINANCE UPON APPLICATION OF FENTRESS WOOD R0782470
ASSOCIATES, LTD., FOR A CONDITIONAL US@ PERMIT
FOR AN AUTOITOTIVE SERVICE GENTER (GAS STATION)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGLNIA BEACH,
VIRCTNIA:
Ordinance upon application of Fentress Wood Associates, Ltd.,
for a Conditional Use Permit for an automotive service center
(gas station) on certain property located at the Southwest
intersection of Princess Anne Road and Tiffany Lane, running
a distance of 198.23 feet along the West side of Tiffany Lane,
running a distance of 200 feet along the Southern property line,
running a distance of 218.228 feet along the Western property
line, running a distance of 180 feet along the South side of
Princess Anne Road and running around a curve a distance of
31.42 feet. Said parcel contains 42,425 square feet. KEMPSVILLE
BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. City water and sewer.
2. A five-foot traffic control easement exists along Princess
Anne Road. Therefore, access shall be limited to Tiffafly
Lane.
3. Five-year temporary access easement subject to documentation
by the applicant. The City Attorney is to report to Council
upon approval of the document. Should Ferrell Parkway be
constructed within that five-year period, the temporary
access would be eliminated. The access wili be for INGRESS
traffic oniy.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
6 6 -
Voting: 8- 2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, W. H. Kitchin, 111, J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
Reba S. McClanan
- 6 7 -
ITEM II-H.2.k ITEM #18469
Senator A. Joseph Canada represented the applicant
Upon motion by Councilman Heischober, seconded by Couticilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of AMOCO OIL COMPANY for a Conditional Use
Permit as per the following:
ORDINANCE UPON APPLICATION OF AMOCO OIL R0782471
COMPANY FOR A CONDITIONAL USE PERMIT
FOR A SELF-SERVICE GAS STATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Amoco Oil Company for a
Conditional Use Permit for a self-service gas station
on certain property located on the South side of Lynnhaven
Parkway beginning at a point 1126.56 feet East of Cherie
Drive, running a distance of 134.18 feet along the South
side of Lynnhaven Parkway, running a distance of 150.93
feet along the Eastern property line, running a distance
of 170 feet along the Southern property line, running a
distance of 122.82 feet along the Western property line
and running around a curve a distance of 20 feet. Said
parcel contains .546 acre. PRINCESS ANNE BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. City water and sewer.
2. A 12-foot dedication along the frontage on Lynnhaven
Parkway, 57 feet from the centerline of the original
90-foot right-of-way to accommodate a six-lane traffic
pattern.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
6 8-
Voting: 10- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecht Harold Heischober, Vice
Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
- 6 9 -
ITEM II-H.2.1 ITEM #18470
The City Clerk advised that Reverend Barnett Thoroughgood had been
present; however, he had to leave to conduct a Revival. He did
agree to all conditions stated in the application.
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of the NEW JERUSALEM CHURCH
OF GOD IN CHRIST for a Conditional Use Permit as per the following@
ORDINANCE UPON APPLICATION OF THE NEW JERUSALEM R0782472
CHURCH OF GOD IN CHRST FOR A CONDITIONAL USE
PERMIT FOR A SANCTUARY AND PARKING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of The New Jerusalem Church of God
in Christ for a Conditional Use Permit for a sanctuary and
parking on parcels located on the North and South sides of
Erie Street.
Parcel 1: Located on the North side of Erie Street beginning
at a point 100 feet West of Longstreet Avenue, running a distance
of 150 feet along the North side of Erie Street, running a distance
of 93 feet in a Northwesterly direction, running a distance of 50
feet in a Northeasterly direction, running a distance of 93 feet
in a Northwesterly direction, running a distance of 100 feet along
the South side of Butts Lane and running a distance of 186 feet
along the Eastern property line.
Parcel 2i Located on the South side of Erie Street beginning
at a point 100 feet West of Longstreet Avenue, running a distance
of 200 feet along the South side of Erie Street, running a
distance of 80 feet more or less iii a Southeasterly direction,
running a distance of 80 feet more or less in a Southwesterly
direction, running a distance of 150 feet more or less in a
Southeasterly direction, running a distance of 205 feet more
or less along the North side of Hughes Avenue, running a distance
of 150 feet in a Northwesterly direction, running a distance of
75 feet in a Northeasterly direction and running a distance of
91 feet in a Northwesterly direction. Said parcels contain 5
acres more or less. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. City water and sewer.
2. Cougliance with the Site Plan Ordinance (15-foot setback
requirement for the building).
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
7 0 -
Voting: I 0-0
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,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 7 1 -
ITEM II-H.2.m ITEM #18471
Mike Boyd, owner, appeared in behalf of his 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 HERITAGE TRANSMISSION EXCHANGE, INC., for
a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF HERITAGE TRANSMISSION R0782473
EXCRANGE, INC., FOR A CONDITIONAL USE PERMIT FOR AN
AUTO REPAIR GARAGE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Heritage Transmission Exchange,
Inc., for a Conditional Use Permit for an auto repair garage
on certain property located on the North side of Virginia
Beach Boulevard beginning at a point 1350 feet more or less
West of First Colonial Road, running a distance of 199.77
feet along the North side of Virginia Beach Boulevard, running
a distance of 160.32 feet along the Western property line,
running a distance of 235 feet along the Northern property line
and running a distance of 212.79 feet along the Eastern property
line. Said parcel is located at 1780 Virginia Beach Boulevard
and contains 40,075 square feet. LYNNHAVEN BOROUGH.
Approval is subject to the following provision in conjunction
with the intended use of the land:
1. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
7 2 -
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, Ill,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 7 3 -
ITEM II-H.2.n ITEM #18472
John Rogers, owner, spoke in behalf of his application
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of SAND DOLLAR ASSOCIATES for a Conditional
Use Permit as per the following:
ORDINANCE UPON APPLICATION OF SAND DOLLAR ASSOCIATES R0782474
FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Sand Dollar Associates for a
Conditional Use Permit for a parking lot at the Southeast
corner of Atlantic Avenue and 24th Street on Lots 1, 2 and
3, Block 23, Plat of Virginia Beach. Parcel contains 23,250
square feet. VIRGINIA BEACH BOROUGH.
Approval is subject to the following conditions in conjunction
with the intended use of the land:
1. Approval is for a two-year period.
2. Conformance with temporary parking lot criteria.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of July, 1982.
7 4 -
Voting: I 0-0
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,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 7 5 -
ITEM II-H.2.o ITEM #18473
Steve Shoof spoke in behalf of the application
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
NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit
as per the following:
ORDINANCE UPON APPLICATION OF NEW LIFE R0782475
PRESBYTERIAN CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH AND OFFICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of New Life Presbyterian
Church for a Conditional Use Permit for a church and
office on property located on the Northwest corner of
Holland Road and Governor's Way and known as Lots E-2
and E-3, Subdivision of Parcel E, 3864 and 3868
Holland Road. Parcel contains 1 acre. KEMPSVILLE
BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Approval is for a three (3) year period beginning
July 12, 1982.
2. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twelfth day of July, 1982.
7 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,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
Reba S. McClanan
- 7 7 -
TTEM II-H.2.q ITEM #18474
THIS ITEM AND ITEM 11-H.2.r WERE VOTED ON AS ONE.
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinances to amend and reordain Article 15,
Sections 1501(a), 1502(c) and 1505(s) of the Comprehensive Zoning
Ordinance pertaining to single-family dwellings and duplexes in
the C-1 Arts and Conference District;
AND, the Ordinance to amend and reordain Article 15, Sections 1501(c)(6)
and 1501(c)(12) of the Comprehensive Zoning Ordinance pertaining to use
regulations in the C-1 Arts and Conference District.
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, Ill,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
AN ORDINANCE TO A@IEND AIN,D !@EORDAIN
ARTICLE 15, SECTIONS 1501(a), 1502(c) At4o 1505(s)
OF THE COMFIREHENSIVE ZONING OROINANCE
PERTAINING TO SINGLE FA@ITLY DWELLINGS AND DUPLEXES
IN THE C-1 ARTS AND CONFERE@ICE DISTRICT
BE IT ORDAINED BY L@IIE COUNCIL OF THE CITY OF VIRG"NIA BEACH, VIRGINIA:
That Article 15, Section 1501(a), Pr@incipal @ises and strtictures, of the
C.Z.O. is amended and reordained in part as follows:
(a) Principal uses and structures:
(4) d duplex;
(5) @44 Eating and drinking establishments, provided that
tliose of a drive-in nature shall not be allowed;
(6) @64 Hotels and motels;
(7) @64 Museums and art galleries;
(8) @74 Public buildings and grouiids;
(9) @4 Public utilities installations and substations in-
cluding offices; provided stc)rage or maintenance
facilities shall not be pennitted; and provided,
further, that utilities substations, other than
individual transformprs, shall be surrounded by a
wall, solid except for entrances and exits, or by
a fence with a screening hedge five (5) to six (6)
feet in height; and provided also, transformer
vaults for undergrouiid utilities and the like shall
require only a landscaped screeiiing hedge, solid
except for access opening;
(10) k94 Retall establishments liniited to the following: book
and card shops, caniera shops, clothing stores, drug
stores and pharniacies, florists and household plant
stores, stationery stores, jewelry stores, music
and record stores, pet shops, radio and electronics
stores, shoe stores, tobacco shops, toy stores, and
Virginia ABC stores.
That Article 15, Section 1502, Minimum Lot Area, Lot Width, Yard Spacing,
and Maximum Density Regulations, of tlie C.Z.O. is amended and reordained in
part as follows:
(c) The miiiimum front and rear yard requirements shall be five
(5) feet in all cases. The minimum side yard setback shall
be five (5) feet for buildings fiftee@i (15) feet or less in
7 I z8 z
- 7 9 -
height, ten (10) feet for buildings greater t@,an fifteen
(15) feet but less tlian fifty (50) feet in lieight, and
fifteen (15) feet for buildings fift',', (50) fe(@t or g@,eater
in height. T[iere shall be no p,,rking located bet@%,een any
street and the front of ar@y building x@c6, in the cas@o
dwellin@,,Inits. As an exc@tiori co tl,,c- above, in tfle case of
sin,ql.e farli and dupiexp-s, the iiiininitim froat rd
ily d@qell,l@rgs
setback sh all be t@verity @z O=f -i I I l@ t-I i @u @@d yard se'--back
shall be fiv-e@5@ fec,'@, and miniiiiuih rea@a@@@tbac,@@i@Fl-
be ten fect.
That Article 15, Section 1505, Off-Stree, Parkiiig Reqtiiremeiits, of the
C.Z.O. is amended and reordained in part as follows:
Within a C-1 Arts and Conference District, the followilig specified
uses shall comply with the off-street parkirig requirements desig-
nated therefore:
(s) @n ]e faffilly dwellings and dLIplexes: at least 2 spaces per
dwelling unit.
Adopted by @Lhe Council of the City of Virgin4a Beach, Virginia, oil the
19 day of Ti, I 1982.
L
- 8 0 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 15, SECTIONS 1501(c)(6) AriD 1501(c)(12)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
IN THE C-1 PRTS AND CONFERI@:NCE D TSTRICT
I
BE IT ORDAINED BY THE COUT!CIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 15, Section 1501(c), Coiidi-tlional u.,es and structures, of
tne C.Z.O. is amended and reordained in part as follows:
(c) Conditional uses and structures. Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(6) Home occupations;
(7) @64 Movie.liouses and live theater establishments;
(8) @74 Multiple family dwellings;
(9) @84 Nightclubs, bars, taverns, dance halls;
(10) @94 Passenger transportation terminals;
(11) @404 Persoral service establishments, including barber
and beauty shops, shoe repair shops, cleaning,
dyeing, laundry, pressing, dressiiiaking, tailoring,
and garment repair shops with processing on the premises;
(12) @TT4 Private clubs and lodges, social centers, eleeniosynary
establishments, a,,id athletic clubs;
@T24 Reereat@e pa @ -and-aFRuseFRent- f ae*T @t@ es -af - an -eutdaer.
sa f equarda-are-prE.4v@d ed-te-presei-ye-ahd-pre* eet-the
(13) Retail uses and structures other than those specified
as permitted principal uses and structures.
Adopted by the Council of the City of Virginia
12 day of j,,ly 1982.
IIIAI
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A P P 0 1 N T M E N T S
ITEM II-I.1 ITEM #18475
Upon nomination by Councilman Baum, City Council voted to REAPPOINT
the following to the HOUSING BOARD OF APPEALS, each for a two (2)
year term, beginning July 1, 1982 and ending June 30, 1984.
J. DOUGLAS BLANKENSHIP
JOHN M. CONNELL
CARL J. NAGEL
RUTH W. BELL
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,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 8 2 -
ITEM 11-1.2 ITEM #18476
Upon nomination by Councilman Heischober, City Council voted to
APPOINT Isaac Herbert, representing Burton Station, to replace
Councilman John A. Baum on the NORFOLK AIRPORT AD HOC ENVIRONMENTAL
COMMITTEE.
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, !II,
J. Henry @iccoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 8 3-
ITEM II-I.3 ITEM #18477
Upon nomination by Councilwoman Oberndorf, City Council voted to
APPOINT Mayor Louis R. Jones to replace former Councilman Patrick
L. Standing to the SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA),
term ending December 31, 1984.
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,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent@
Reba S. McClanan
- 8 4-
ITEM II-I.4 ITEM #18478
Upon nomination by Councilman Heischober, City Council voted to APPOINT
Mayor Louis R. Jones to replace former councilman Clarence A. Holland,
M.D., to the SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION, term
ending June 30, 1984.
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, ill,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
-85 -
ITEM II-I.5 ITEM #18479
Upon nomination by Councilwoman Oberndorf, City Council voted to
REAPPOINT Mrs. Irving (Ada) Salsbury to the TIDEWATER REGIONAL GROUP
HOME COMMISSION, term beginning July 18, 1982 and ending July 17, 1986.
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, !II,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 86 -
N E W B U S I N E S S
ITEM II-K.1 ITEM #18480
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to EXPEDITE the application of CHARLES AND
BERNICE KAPLAN for a conditional use permit. The application
will be heard by City Council on August 23, 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, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 8 7 -
ITEM II-L.1 ITEM #18481
Upon motion by Councilman Baum, seconded by Councilman Jennings, City
Council voted to DEFER UNTIL AUGUST 2, 1982 the Appointee Evaluation
Session.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice
Mayor Barbara M. Henley, H. Jack Je@inings, Jr., Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill,*
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reha S. McClanan
-88-
ITEM #18482
Councilman Kitchin requested the City Manager "gather
information on G H F PROPERTIES, INCORPORATED'S request
for a conditional use permit with respect to: number of
acres in the area which would serve as a potential for
this type of development; safety involved with regards
to fire safety; environment and the type of impact which
might occur on the Bay itself".
ITEM #18483
Councilman Jones requested the City Attorney to provide
Council with a definition of "non-commercial marina".
A D J 0 U R N M E N T
ITEM II-M.1 ITEM #18484
Upon motion by Councilman McCoy, City Council adjourned at
7:55 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges Smith, CMC, City Clerk Mayor Louis R. Jones
City of Virginia Beach,
V i r g i n i a
12 July 1982
dmh/etd