HomeMy WebLinkAboutMARCH 22, 1982 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY McCOY JR.. D.D.S., Kempsville Borough
VICE -MAYOR HAROLD HEISCHOBER. At Large
JOHN A. BAUM, Blackwater Borough
F. REID ERVIN, At Large
BARBARA M. HENLEY, Pungo Borough
CLARENCE A. HOLLAND, M.D., Bayside Borough
W. H. K!TCHIN. 111. Virginia Beach Borough
REBA S. McCLANAN, Princess Anse Borough
DONALD W. MERRICK, Lynnhaven Borough
MEYERA E. OBERNDORF, At Large
PATRICK L. STANDING, M Large
RUTH HODGES SMITH, City Clerk
ITEM I
CITY COUNCIL AGENDA
March 22, 1982
INFORMAL SESSION: 5:30 p.m.
A. CALL TO ORDER - Mayor J. Henry McCoy, Jr., D.D.S.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
212 CITY HALL. BUILDING
MUNICIPAL. CENTER
VIRGINIA BEACH, VIRGINIA 23456
(804) 427-4303
3. Water and Sewer Neighborhood Installation Policy: Discussion of
Proposed Policy.
4. Further Budget Discussion.
ITEM II FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Reverend Byron R. Wilkinson
Thalia United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of March 15, 1982.
ITEM II E. RESOLUTION
1. Resolution approving the following Capital Improvement Projects
and authorizing the City Manager to negotiate each:
a. CIP 2-501 Ferrell Parkway, Phase III
b. CIP 2-973 Pavilion Drive (Access Road)
c. CIP 2-974 Sandbridge Road Modification
d. CIP 3-941 Tidewater Community College (Site Improvement)
2. Resolution empowering the Director of Public Works to make the
necessary reductions for Canal No. 1 and to authorize him to
upgrade the existing draining systems.
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separate discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.
1. Ordinance to authorize the acquisition of property in fee simple
for right-of-way for Ferrell Parkway, Phase III, and the acquisi-
tion of temporary and permanent easements of right-of-way, either
by agreement or by condemnation.
2. Ordinance appointing Viewers for the closure ofor,tions of Pleasure
House Road and First Court Road (Bayside Borough).
3. Ordinance to amend and reordain Section 16-32 relating to Housing
Board of Appeals of the Code of the City of Virginia Beach by
deleting certain language relating to limitation on terms.
4. Request of the City Treasurer for tax refunds in the amount of
$542.65.
5. Ordinance, on SECOND READING, to appropriate funds of $167,850
and transfer available funds of $90,000 for the Beach Replenishment
Program as provided by Virginia Beach Erosion Commission.
G. PLANNING ITEMS
1. Application of John Baines and C. S. Yoder for a change of zoning
from R-5 Residential District to 0-1 Office District on an 11.172 -
acre parcel located on the north side of First Colonial Road, west
of Mill Dam Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for denial.
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ITEM II G. PLANNING ITEMS (cont'd)
2. Ordinance to amend and reordain Article 10, Section 1001(c) of
the Comprehensive Zoning Ordinance pertaining to use regulations
for radio or television transmission and relay stations in the
I-1 Light Industrial District.
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
3. Ordinance to amend and reordain Article 2, Section 224(a) of the
Comprehensive Zoning Ordinance pertaining to automobile service
stations.
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
4. Ordinance to amend and reordain Article 7, Section 717 of the
Comprehensive Zoning Ordinance pertaining to off-site parking
facilities in the H-2 Resort -Hotel District.
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
H. ORDINANCES
1. Petition of Miller Enterprises, Inc., for the closure of a portion
of Ocean Avenue consisting of an undeveloped 50 -foot right-of-way
totalling .34 acres (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation of
the Planning Commission and the Viewers for approval.
I. UNFINISHED BUSINESS
1. Comprehensive Zoning Ordinance: Article 2, Section 201(d).
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn.
City of VirgirZia Beach
March 22, 1982
The Honorable Mayor
Members of City Council
In accordance with Section 2-21 of the Virginia Beach
City Code, I hereby respectfully request a Special Meeting
of the Virginia Beach City Council to be held in the Council
Chambers at 5:00 P.M. Wednesday, March 31, 1982.
The purpose of the Special Meeting is to present for
your consideration the FY 1982-83 Operating Budget for the
City of Virginia Beach.
As prescribed by Section 2-22 and by copy of this letter,
the press is hereby advised.
GGD:etd
t
ectfully,
Giles G. Dodd
Interim City Manager
1
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 March 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday, 22 March,
1982, at Five -Thirty in the evening.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
None
ITEM #17963
Mayor McCoy 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
employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of public
officers, appointees or employees.
2. LEGAL MATTERS: Consultation with legal Counsel or
briefings by Staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public body.
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Upon motion by Councilman Buchanan, seconded by Councilman Holland,
City Council voted to RECESS into EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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M A T T E R S BY THE MAYOR
BOND PACKAGE ITEM #17964
Mayor McCoy advised that the City Clerk brought for Council's perusal
the $65 -Million Bond Package.
TIDEWATER COMMUNITY COLLEGE ITEM #17965
Mayor McCoy introduced Dr. George Pass, President of Tidewater
Community College, and Dr. Michael F. LaBouve, Provost, who
spoke before Council concerning a State Law which provides that
localities must provide site improvements to a college if the
State provides Capital Improvements.
Dr. Pass advised Council that the Beach Campus of Tidewater Community
College has grown rapidly since its inception in 1971. During the fall
of 1981 approximately 9300 credit students enrolled, with a budget of
$7.5 -Million consisting of State tax appropriations, tuitions and some
Federal funds.
Dr. Pass requested on behalf of the College and the College Board
that the City provide funds for site improvements to Phase II of
the College. Site improvements include utilities within 5 -feet
of the building and parking.
The General Assembly appropriated approximately $4 -Million in tax
appropriationswith an anticipated amount of $464,000 in local
funds for site preparations.
The City Manager advised there is a Resolution on the FORMAL AGENDA
for approval of this project, which is included in the Capital
Improvements Project.
MATTERS BY COUNCIL MEMBERS
STREET CLOSURE ITEM #17966
Councilman Ervin advised on the FORMAL AGENDA is an Ordinance for
the closure of a portion of Ocean Avenue, in the Lynnhaven Borough
and stated the applicant requests that conditions number three (3)
and four (4) be modified to read:
"A standard cul-de-sac is to be dedicated by
the applicant at the eastern extremity of
the area te-be-el-esed-w4th4R-eee-year at the
time of development."
This matter will be on the FORMAL AGENDA for Council's consideration.
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RESOLUTION/CAPITAL FACILITIES ITEM #17967
Councilwoman Oberndorf advised that in the FORMAL AGENDA under
Resolutions is a letter from the City Manager advising that on
January 11, 1982, Council amended Chapter 2 of the City Code by
adding Section 2-208(c) which relates to expenditures for capital
facilities. The section reads"
"The Director of Finance shall not expend
any funds in excess of $100,000 for the
construction of, or additions to capital
facilities without the project having been
authorized by Ordinance or Resolution of
the City Council."
Councilwoman Oberndorf requested the approximate cost of the
following projects:
2-501 - Ferrell Parkway Phase III - $65,000
(total cost has not been computed)
2-973 - Pavilion Drive Access Road - $374,000
2-794 - Sandbridge Road Modification - $200,000
3-941 - Tidewater Community College - Site
Improvements - $464,000
HIGHWAY PRIORITIES ITEM #17968
Councilwoman McClanan asked the Director of Public Works if he had
any information concerning road projects before the meeting with the
Suffolk District of the State Highway Department.
Mr. Lambert advised Council the priorities should be as previously
identified and Council should encourage the State to fund and if
possible expedite them. The meeting will be held on Monday, March
29, 1982, at 10:00 a.m.
There are seven (7) projects the State has agreed to fund.
Holland Road, priority number one, will be advertised in April,
and the contract has been awarded for a small portion of Providence
Road.
Mr. Lambert advised he feels the Highway Department will "give the
City an interim project" consisting of Newtown Road from Virginia
Beach Boulevard to Baker Road, with the remainder being placed in
the "indefinite category".
POSTERS WARNING OF DREDGING ITEM #17969
Councilman Buchanan requested the Public Information Office prepare
posters for distribution to various marinas near the Lynnhaven River
warning boaters of the possible danger due to the dredging.
The City Manager advised Council the signs will be posted by the
Traffic Engineer's Office.
3/22/82
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I N F O R M A L SESSION
DESALTING PLANT ITEM #17970
The City Manager advised Council the City billed the Federal Government
for the costs incurred to date on the Desalting Plants.
The City Manager further advised the City received a check from the
Federal Government in the amount of $338,367.11 and an additional
check (interest) is forthcoming after the Government completes an
audit of the costs billed to them.
RESOLUTION/WATER/SEWER ITEM #17971
The City Manager advised Council that at the request of Councilman
Ervin a Resolution has been drafted setting forth the policy of the
City of Virginia Beach in regard to extension of the public water
and/or sewer systems in areas developed prior to the availability
thereof and will be brought to Council for their consideration on
April 5, 1982.
Vice Mayor Heischober suggested the following changes:
A RESOLUTION SETTING FORTH THE POLICY OF THE CITY
OF VIRGINIA BEACH IN REGARD TO EXTENSION OF THE
PUBLIC WATER AND/OR SEWER SYSTEMS INTO AREAS
DEVELOPED PRIOR TO THE AVAILABILITY THEREOF
WHEREAS, many areas exist in the City of Virginia Beach,
which were developed prior to availibility of pubic water and/or
sewer to such areas, and,
WHEREAS, real or potential health and safety hazards may
exist in such areas as a result of inability of soil conditions to
continue to support septic tank systems and the pollution caused by
the malfunctioning of such systems; and,
WHEREAS, real or potential health and safety hazards may
exist in such areas as a result of the unavailability of adequate
supplies of groundwater fit for human consumption and in sufficient
quantities to meet demands for fire protection needs, and,
WHEREAS, the City of Virginia Beach has recognized the
need to extend public sewer and water service into such areas and
has, since the 1960's followed a policy for orderly extension of such
service based upon long-established criteria, and,
WHEREAS, the Council of the City of Virginia Beach wishes
to reaffirm such policy relating to extension of the public water and
sewer systems into such previously developed areas.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That it shall be the policy of the City of Virginia Beach
to evaluate the pess4b1e extension of public water and sewer service
into unserved areas wherever any one of the following conditions occur:
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a. The Health Department or other appropriate public agency
determines that a real or potential health or safety hazard exists, or
b. 51% of the property owners in a predetermined service
area sign agreements requesting City sewer service, or,
c. 75% of the property owners in a predetermined service
area sign agreements requesting City water service.
AND BE IT FURTHER RESOLVED, that upon occurrence of any
one such condition, the Department of Public Utilities shall be
instructed to detefm4Ae-the-feas4b44.4ty-ef extend public water
and/or sewer service into the subject area and shall furnish to
the City Manager a service area map and preliminary cost estimate
for such extension project. The City Manager shall then present
such information to the City Council which shall then, 4f -4t -se
des4res, determine whether -the- what priority such project should
be given in the Capital Improvements Program7-amd-4f-se;-what
pr4ef4ty-sash-pfejeet-sheald-be-g4vem.
Councilman Ervin requested an additional "WHEREAS" to be placed in
the proper legal form advising the City operates as an Enterprise
System, and that System demands participation from all Systems
in the City.
DEVELOPER FEES ITEM #17972
Attorney Edward T. Caton, III, representing Coastal Inn Associates,
requested he be permitted to speak before Council to discuss
Developer Fees.
This matter will be placed on the Formal Agenda of today's meeting
under UNFINISHED BUSINESS.
PROPOSED BUDGET ITEM #17973
The City Manager provided Council with an update on the progress of
the proposed budget for fiscal year 1982-83 and advised he has had
meetings with Department Heads to discuss ways in which each Department
can reduce their budget by ten percent (10%).
Reduction of the budget was approached by two angles:
1. Make as much money available on June 30, 198z
in order to make that funding available to
apply to next year's budget.
2. Determine how the City could improve the
situation during the next year's budget.
The City Manager advised Council that he will tentatively schedule
the Public Hearing on the proposed budget for April 26, 1982.
City Council recessed into EXECUTIVE SESSION, (6:20 p.m.)
3/22/82
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F O R M A L SESSION
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 March 1982
7:08 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan*, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrickk L. Standing
Council Members Absent:
None
INVOCATION: Reverend Byron R. Wilkinson
Thalia United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN BUCHANAN VOICED A VERBAL "PRESENT"
3/22/82
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M I N U T E S
ITEM II -D.1 ITEM #17974
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to APPROVE the Minutes of the Regular Meeting of
15 March 1982.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3/22/82
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ITEM II -D.2 ITEM #17975
Mayor McCoy recognized Boy Scout Troop 436 and Scout Master James
Gibbs.
ITEM II -0.3 ITEM #17976
Jack Robertson, Chairman of the Public Library Board, presented to
Vice Mayor Heischober a copy of a picture showing the Vice Mayor
firing "one of the big guns at Fort Monroe, in 1941".
Vice Mayor Heischober advised the gun was a 105 Howitzer.
RESOLUTIONS
ITEM II -E.1 ITEM #17977
Upon motion by Councilman Holland, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution approving the following Capital Improvement
Projects and authorizing the City Manager to negotiate each:
Voting: 11-0
a. CIP 2-501 - Ferrell Parkway, Phase III
b. CIP 2-973 - Pavilion Drive (Access Road)
c. CIP 2-974 - Sandbridge Road Modifications
d. CIP 3-941 - Tidewater Community College
(Site Improvements)
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Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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RE S O L U T I O N
WHEREAS, on January 11, 1982, City Council by ordinance requested that
the Director of Finance not expend any funds in excess of $100,000 for the con-
struction of, or addition to capital facilities without the project having been
authorized by City Council; and
WHEREAS, the following projects had not been listed as a part of pre-
vious bond authorizations or allocations of revenue sharing:
2-501 Ferrell Parkway - Phase III - This project is for the
construction of two lanes of a future four -lane arterial
street from Oceana Boulevard to Sandbridge with a high-rise
bridge over Canal #1. Initial appropriations will be used
for site acquisition only.
2-973 Pavilion Drive - Access Road - This project is for con-
struction of a secondary road providing access to the
Pavilion from the north and south. Initial appropriations
will be used for the north access road.
2-974 Sandbridge Road Modification - This project is for con-
struction to eliminate two dangerous curves along Sandbridge
Road between Princess Anne Road and Lagomar entrance. This
project was previously a part of Project #2-816 - Highway
Safety Improvements.
3-941 Tidewater Community College - Site Improvement - This
project is for construction of parking spaces to accomodate
an increased number of students due to construction of an
additional building at Tidewater Community College.
WHEREAS, it is the desire of City Administration to notify City Council
of these projects and obtain formal approval to proceed with activities on the
projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that the projects listed above are recognized and
approved as capital projects under Section 2-208(c) of the Virginia Beach City
Code.
Adopted by the City Council of the City of Virginia Beach, Virginia, on
the Twenty -Second day of March , 1982.
3/22/82
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ITEM II -E.2 ITEM #17978
Upon motion by Councilman Ervin, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution empowering the Director of Public Works to
make the necessary reductions for Canal No. 1 and authorize him to
upgrade the existing drainage systems.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin* Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III* Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN ERVIN VOICED A VERBAL "AYE"
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE"
3/22/82
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R E S O L U T I O N
WHEREAS, the Department of Public Works, at the request of City
Council, has undertaken an investigation of the purpose and necessity of
the present Canal No. 1 project and presented its findings to Council; and
WHEREAS, City Council has requested a formal resolution to enact
the recommendations of the "Report on Canal No. 1" prepared by Public
Works/Engineering dated January, 1982.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
THAT, the Canal No. 1 project will consist of the alignments
established by Article III Recommendations, on page 9 of the referenced
report and as further described on Plate 8
AND, more specifically will include:
1) The establishment of two separate canals;
a) one being designated as Canal No. 1
North from Linkhorn Bay crossing
Birdneck Road and extending to Lake Rudee, and
b) one designated as Canal No. 1 South
extending from the existing canal as it
intersects Back Bay northward to Redwing Lake.
2) The elimination of the previously proposed canal
alignment connecting the North and South portions,
as well as any future tie to Owls Creek (Note:
Smaller drainage systems to serve local areas
may be developed but not as part of a major canal
system such as Canal No. 1).
3/22/82
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BE IT FURTHER RESOLVED, that the Director of Public Works is
hereby authorized to require upgrading of existing drainage systems
within the Canal No. 1 watershed as required to facilitate proposed
developments which may adversely impact existing conditions or warrant
their improvement. This authorization is critical to the orderly
development of the watershed; particularly in those areas where the
requirement for Canal No. 1 has been eliminated.
AND, that Council, acting through this resolution, has recognized
the need to maintain the South Canal No. 1 alignment from Old Dam Neck
Road to Redwing Lake for drainage purposes, pending the results of a
Detailed Hydrology Study as development may occur.
AND, does therefore empower the Director of Public Works to require
or eliminate this connection as conditions may reasonably warrant based
upon the results of the aforementioned study.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty -Second day of March, 1982
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C O N S E N T AGENDA
ITEM II -F.1 ITEM #17979
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to authorize the acquisition of property in
fee simple for right-of-way for Ferrell Parkway, Phase III, and the
acquisition of temporary and permanent easements of right-of-way,
either by agreement or by condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3/2Z/82
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AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF PROPERTY IN FEE SIMPLE
FOR RIGHT-OF-WAY FOR FERRELL
PARKWAY -PHASE III AND THE ACQUISITION
OF TEMPORARY AND PERMANENT EASEMENTS
OF RIGHT-OF-WAY, EITHER BY AGREEMENT
OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City
of Virginia Beach, Virginia, a public necessity exists for the
construction of this important project to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, convenience, and welfare of the people
in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THF COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby
authorized and directed to acquire by purchase or condemnation
pursuant to Section 15.1-236, et seq. and Section 33.1-89, et
seq., Code of Virginia of 1950, as amended, all that certain real
property in fee simple including temporary and permanent
easements of right-of-way as shown on the plans entitled,
"Ferrell Parkway, Part of Phase III - From: Oceana Boulevard to
Lago Mar Subdivision (1.37 miles)," these plans being on file in
the Office of Real Estate, Department of Public Works, Virginia
Beach, Virgina.
Section 2. That the City Attorney is hereby
authorized to make or cause to be made in behalf of the City of
Virginia Beach, to the extent that funds are available, a
reasonable offer to the owners or persns having an interest in
said lands, if refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the 22 day of March , 1982.
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2/23/82
(ORD/A)
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ITEM II -F.2 ITEM #17980
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance appointing Viewers for the closure of
portions of Pleasure House Road and First Court Road, in the Bayside
Borough. (Morning Star Baptist Church)
1
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
1
Council Members Voting Nay:
None
Council Members Absent:
None
1
3/22/82
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j'HiEREAS , Moff_ n ..7T. .. n t t church has 7 i t :1 due
and proi)er notice, in accordance with the statutes for .such cases
made: and provided that thev will on the
198f, apply to the City Council sf the City
Virginia, for the a;,iioint-zie.It of Vi.ewe_•s to
described property and report in writing to
in the opinion of said Viewers, any, and if
nience would result from the discontinuance
described portion of that certain street of
day of
of Virginia Beach,
\71GCti the
the Council whether,
any, what inccnve-
of the hereinafter
variable width, and
has filed such application with said Council.
NOW, THEREFORE, be it: ORDAINED by the Council
of Virginia Beach, Virginia.:
THAT
of the Ci tv
are hereby appointed to view the below described property and re-
port in writing to the Council on or before
whether in their cninion, anv, end if anv, what inconvenience
would result in the discontinuing and vacating of a portion of
that certain street of variable width located in the City of
` irg:L1.:L„ P.cach, V:Li. '1'Lilr: , ai!'d more desc::i+)c:C' c_
follows:
Phi3. Cil
To establish a rcin_t of t•er:'rming, be-r:..n et a po st on. the rcrt-he�: ;t
int:ersectlf,'2? GE First C!,-Lrt. i cad and Pleasure ;::ruse_ •'cal., :n.J thence
ruining in a northerly direction 1 .19c99' 33'` , 2./,.03' tc `_ho nolint (,f
beginning. Thence ccnt.inuing iS? a nc7the?.l r'•.:i.�.('L:i i.cr. I1�'( '33'1,
20.62' to a point; thence 1;23'09'59"T, E5.36' to .. roirt cn. the
eastern. ri.r:hip cf. x -ay cf Pleasure House Rest: ; thence ri a1mr tr v ' ; t'he
eastern r-5.7.ht. of '-7, ,7 of Pleasure 1 -louse k.Ga(' :n. a southerly
5 ° : irei:i_Jcn.
117'3(' .7, 101.60' to the point of be^inn_r:cr.
PART IVO
To establish v point of be^inning, hep:in at a nc.int: r,rr t:heno-r_fheast
intersection of First Court 1(QaC- ace Pleasu :e i'(' use nr'( thence
rt..uinin,_, in an easterly direction elm,: a curve to the left .'.'a.th = n arc
length of 23.71.' and a radius cf 67.00' to the ^.e:::rt_ cf beg?rr_in�
Thence '_s: c: northeeast_erly di.r9ctic:r. ;;.I.cr. the ex: stia .c.estern ri-rhr_
rj •-.Lr`,�
of -First C_o rrt _rac: 11,4-` LI -5'/=^'"';`, 19-2..1 J't c' a no_.rt; thence
25 . /S7' r -cli 11 t c. a r'.ort cr ..= our,.:e ; the_i'.ce n.
;C esterl: d:'recti cr �2.1.Cr� curve to the left �-i ft c n c_ c. len7!_1'..
.r Q�r, r crr-.
GI_'3/.66' and a radiusof 55 . 00' to a, ooint.:; thence S �+4 ..c� Gc. 4•: ,
100.63' to a rot -5nt ; thence running alc n' a curve to the richt `•.'i.ti'_ an
arc lei th of .61..31' ani'. c c1i.uE Cif E7 . i;C' to the roint of
All the above as shown upon that certain plat entitled,
"Plat of Portions Pleasure House Road and First Court road to be Closed' which
plat is attached hereto and made a part hereof and intended to
•reccrcod with the Ordinance closing the aioredescribe1
3/22/82
it
Tr.
PETIT 1 CN
THE MAYOR AND THE MEMBERS RS OF THE COUNCIL CF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner,, The Morning Star Baptist Church, re-
spectfully represents as follows:
1. That pursuant to the urovisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the petitioner applies
for the vacating, closing, and discontinuance of a Portion of
that certain: street, which is more specifically described as
follows:
PART ONE
To establish ai uoireL bey,, i-ini':i begin at E po-...nt en the
northeast ast interse ct:i_on. of First Court Read ana '! eas ,-e House
Road, and• thence running in a northerly C ' 3" '
u�.recti ole :•'1 �' C`; ? G� >
24.03' to the point of beginning. `thence continuing I r? a norther-
ly iv
iv direction N19 20.68' to a point; thence N23 -09'59"F,
85.36' to a point en the eastern right of way of Pleasure FC" ise
Road; thence running along the eastern right of wav cf Pleasure
House Road in a. cut't_er , direction S1.5°17'36"\:, 01. E0 to the
1 lzs � �-'i � i(� i 1
point of beginning.
PART TWO
To establish a. point of 1- erirning, begin at a point an the north-
east intersection cf First Court Road. and Pleasure Hcuse Pcad, and
thence running in an easterly direction along a curve to the left
with an arc length of 23.71' and a radius of 67.00' to the point of
beginning. Thence in a ncr-theaste-rl.v direction along the existing
First o. ' , 'T
western right of ::ate cf _� .., r; d ��, 5 �2 193.17'to a
..c�crt �,.a. u �.,
point; thence S41c'4019'T., 25.47' Iadial to a noint on a curve;
thence running in a southwesterly direction along a curve to the left
with an arc length of 37.a,' aid a radius of 553.00' to a noint;
thence S44°06'48"W, 100.63' to a point ; thence rune nF a l.c ng a
curve to the right with lelTth of 61.31.' Pnd
67.00' to the point of be irr:i. g -
Said parcel of land being a portion of Centerville Turn-
►
pike, as indicated on that certain plat entitled., "Plat of Portio:
Pleasure House Peed and F', rr 1- Ccu+-t Road to he Closed"fer he
Morning Star Baptist_ Church,
3/22/82
1
1
(P. MOIAIY
)( 1aTrS
AT t.nv,. 1
a part he_reo C and intended to be recorded with the Or dil a.lct:'
closing the aforedescribed street.
2. That no inconvenience wa_)_i result to any persons 1w
reasons of said closing, vacation, and. discontinuance of said
_ _.
S c.... c Gt ; and the ooti;::LGIiEr that. Honorable COu.I':c1...
appoint viewers as pro` idad by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the day of , 1981 as to whether in
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein . reperte . and described.
3. That on'. the
day of , 198: Notice of
the presenting of this Application was posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia, on
the premises to be_closed, and at the City Hall Annex, 19th Street
and Arctic Avenue, Virginia Beach, Virginia, as evidenced by the
Aff-iclavit attached hereto, and a cony of said Notice.
4. That the Petitioner is fee simple owner of all land
along and adjacent to and affected by said portion of the nlatted
street to be closed and consequently, your Petitioner is the only
landowner affected by the same.
ERIC 0. MOODY
MOODY & ASSOCIATES, P.C.
P.O. Box 97
605 Green Street
Portsmouth, Virginia
RESPECTFULLY SUBMITTED,
THE MORNING STAR 2APTIST CHURCH
L.( -1 -
BY
\--..„2-V') / . I ,,, , ( i
!Y -�,.. 'v 1
23705
Of Counsel
3/22/82
1
1
-21-
ITEM II -F.3 ITEM #17981
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Section 16-32 relating
to Housing Board of Appeals of the Code of the City of Virginia Beach
by deleting certain language relating to limitation on terms.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3/22/82
1
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 16-32 RELATING TO HOUSING
BOARD OF APPEALS OF THE CODE OF THE
CITY OF VIRGINIA BEACH BY DELETING
CERTAIN LANGUAGE RELATING TO
LIMITATION ON TERMS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 16-32 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 16-32. Terms of members, filling of vacancies.
The building official shall serve as a member of the
board during his term of office as building official. Of the
citizen members first appointed to the board, three (3) shall be
appointed for a term of one year and two (2) for a term of two
(2) years. Subsequent citizen member terms shall be for two (2)
years. and-there-shaII-be-ae-lim b-en-the-numbers-ef-terms-a
member -map -serge- Any vacancy shall be filled by appointment by
the council for the unexpired term.
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 22 day of March
JDB/er/re
3/9/82
(ORD -B)
, 1982.
3/22/82
1
1
1
-23-
ITEM II -F.4 ITEM #17982
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance authorizing tax refunds upon application of
certain persons and upon certification of the Treasurer for payment,
in the amount of $542.65.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3/22/82
LI
AN 11A,7.. RETFUNDS
ti 3N I
AN:J UHt_ri. (U ., f- „i;
FOR PAYMENT
IT CRDAINED BY THE COUNCIL OF THE CITY OF `,1;RGINIA BEACH, CH, VIRG NIA:
That the following applications for tax refunds upon cep tlfication of the Treasuror are hereby approved:
NAME Taxf Yl�e Ti t:.2 Exs�nera- Date Penalty En;. Total
Year of Tax tt�,' e; Oen No. Paid
First Mortgage Corp 81 RE(2/2) 22689-4 12/5/80 205.31
William H Duckworth 82 RE(1/2) 3682-0 11/30/81 68.40
William H Duckworth 82 RE(2/2) 3682-0 11/30/81 68.40
Surrey Holding Corp 82 RE(1/2) 76170--2 12/4/81 72.00
Robert E Philyaw 81 PP 144256 12/1/81 37.80
Lee A Eaton 81 PP 35737 6/5/81 85.74
Stephen Carter 82 Dog VG653 2/17/82 2.00
M W Fazenbaker 82 Dog V08066 1/5/82 3.00
1
This ordinance shall be effective from date of adoption.
The above abateij, .nt(s) tots ling
$542.65 were approved by
the Council of the City of Virginia
Beach on the 22 day of March
Ruth Hodges Smith
City Clerk
Total 542.65
If 1il
`'4 John 4T. Atkins4r:/114,------
reasurer
Approved as to forrn:
r.v� (� /l
I h>tty 1.�. 11 '
,_,,V, Dale Birndn, City Attorney
3/22/82
-25 -
ITEM II -F.5 ITEM #17983
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to appropriate funds of
$167,850 and transfer available funds of $90,000 for the Beach
Replenishment Program as provided by Virginia Beach Erosion Commission.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
1
Council Members Voting Nay:
None
Council Members Absent:
None
1
3/22/82
- 26 -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$167,850 AND TRANSFER AVAILABLE FUNDS
OF $90,000 FOR THE BEACH REPLENISHMENT
PROGRAM AS PROVIDED BY VIRGINIA BEACH
EROSION COMMISSION
WHEREAS, the City Council desires to continue the Beach
Replenishment Program which includes the hauling and placement
of 150,000 cubic yards of sand on the beach yearly, and
WHEREAS, the sand hauling program for this spring will
cost $523,500 as determined by low bid, and
WHEREAS, the Erosion Commission has funds of $265,650
available for the project, additional funds of $90,000 from
available sources within its budget and is in need of $167,850
in additional funding.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $167,850 be appropriated from
the General Fund Balance to the Erosion Commission for the
hauling and placement of 150,000 cubic yards of sand on the
beach.
Be it further ordained that funds of $90,000 be transferred
from available surplus within the Erosion Commission budget for
the project.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 22 day of March , 19 82
First Reading:
March 15, 1982
Second Reading:
March 22, 1982
APP.- OVtn. AS TO CONTENT
SIGNATURE
DEPARTMENT
?ASTOEOM
rZ-
3/22/82
-27-
P L A N N I N G AGENDA
ITEM II -G.1 ITEM #17984
Richard Browner, Land Planner, represented the applicant
Mr. John Baines advised the property has been in his family for
many years.
The following spoke in opposition:
Mr. F. B. Wilhoit, Contractor
Mr. J. C. Webb, President, Woodhurst/Thunderbird Civic
League (includes the Sylvan Lake and Great Neck Farms
areas)
Mr. Nelson Sabin, Chairman, Great Neck Association of
Civic Leagues
Mr. Timothy Barrow, Planning and Development Consultant
and resident of Thunderbird Drive.
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to DEFER FOR THREE WEEKS (April 12, 1982) the
application of JOHN BAINES AND C. S. YODER for a Change of Zoning
District Classification as per the following:
Ordinance upon application of John Baines and C. S.
Yoder for a Change of Zoning District Classification
from R-5 Residential District to 0-1 Office District
on certain property located on the North side of First
Colonial Road beginning at a point 300 feet more or less
West of Mill Dam Road, running a distance of 2004.73
feet along the North side of First Colonial Road, running
a distance of 458.43 feet in a Northeasterly direction and
running a distance of 2124.58 feet in a Southeasterly
direction. Said parcel contains 11.172 acres. LYNNHAVEN
BOROUGH.
3/22/82
-28 -
Voting: 9-2
Council Members Voting Aye: (for deferral )
John A. Baum, E. T. Buchanan, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr.,
D.D.S., Meyera E. Oberndorf and Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, and Reba S. McClanan
Council Members Absent:
None
3/22/82
-29-
ITEM II -G.2 ITEM #17985
Upon motion by Councilman Ervin, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Article
10, Section 1001(c) of the Comprehensive Zoning Ordinance pertaining
to use regulations in the I-1 Light Industrial District, pertaining
to radio or television transmission and relay stations.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
1
Council Members Voting Nay:
None
Council Members Absent:
None
1
3/22/82
1
1
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 10, SECTION 1001(c) OF THE
COMPREHENSIVE ZONING OR.DINANCE
PERTAINING TO USE REGULATIONS IN
THE I-1 LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 10, Section 1001(c), Use Regulations, of
the C.Z.O. is amended and reordained in part as follows:
(c) Conditional uses and structures. Uses and
structures hereinafter specified; subject to
compliance with the provisions of Part C of Article
2 hereof:
(11) Radio or television transmission and relay
stations;
f+4+ (12) Recreational facilities of an outdoor nature,
which may be partially or temporarily
enclosed on a seasonal basis with approval of
City Council, except that riding academies
and recreational campgrounds shall not be
allowed as a conditional use or otherwise.
f}2} (13) Recreational facilities other than those of
an outdoor nature.
Adopted by the Council of the City of Virginia Reach,
Virginia, on the 22 day of March , 1982.
This ordinance shall be effective from date of adoption.
CMS/da
2/26/82
(misc.-a)
_..PIN.,
3/22/82
1
-31-
ITEM II -G.3 ITEM #17986
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Article 2,
Section 224(a) of the Comprehensive Zoning Ordinance pertaining to
automobile service stations.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3122/82
1
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 224(a)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO AUTOMOBILE SERVICE STATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 224(a) of the C.Z.O. be amended and reordained
to read as follows:
224. Automobile Service Stations
In addition to general requirements, the following special re-
quirements and limitations shall apply to automobile service
stations in districts in which they are generally permitted.
(a) Minimum lot and yard requirements. The minimum lot size shall
be 20,000 square feet with a minimum lot width of 150 feet.
When operated in conjunction with a grocery store or carry-
out food store, restaurants or similar eating places, or
similar uses, the minimum lot size shall be 25,000 square
feet. No gasoline service islands shall be located closer
than fifteen (15) feet to any adjoining right-of-way nor
closer than fifty five (55) feet to any other building on
the lot.
However, no automobile service station shall be operated in
conjunction with a grocery store or carry -out food store,
restaurants or similar eating places, or similar uses unless
such use is conducted in a free-standing building and provided
that gasoline pumps are protected from traffic circulation
by walls, posts, or other similar barriers.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22 day of Varch , 1982.
APPROVED AS TO CONTENT
SIGNA tE
eel
f4/1
ENT
so&ORM
,1-t1/"Y
SNT E
CITYJA. mTO fiNEY
3/22/82
-33
ITEM II -G.4 ITEM #17987
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Article 7,
Section 717 of the Comprehensive Zoning Ordinance pertaining to
off-site parking facilities in the H-2 Resort -Hotel District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
1
Council Members Voting Nay:
None
Council Members Absent:
None
1
3/22/82
- 34 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 7, SECTION 717
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-SITE PARKING FACILITIES
IN THE H-2 RESORT HOTEL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 7, Section 717, Off -Site Parking Facilities, of the C.Z.O. is
amended and reordained as follows:
717. Off -Site Parking Facilities
Off-site parking facilities in connection with hotels and motels
located within the H-2 Resort Hotel District may be permitted on
zoning lots within the B-4 Resort Commercial District and the
B-5 Resort Commercial District where the required off-street
parking cannot be provided on the lot with the principal build-
ing or use provided:
(a) Distance of the farthest parking space from the nearest
principal entrance of the establishment or establishments
involved shall not exceed 1,000 feet by customary pedes-
trian routes.
(b) Structures for parking facilities shall conform to the re-
gulations of the district in which located.
(c) A written agreement assuring continued availability of the
number of spaces indicated shall be drawn and executed, and
a certified copy of such agreement shall be filed in the
records of the Planning Department. Such agreement shall
stipulate that if such space is not maintained or space
acceptable to the Planning Director substituted, the use
or such portion of the use as is deficient in number of
parking spaces shall be discontinued. The agreement shall
be subject to the approval of the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
22 day of March , 1982.
APPROVED AS TQ CONTENT
DEPARNT
TO Pam
GNATURE
Y AYE F 122/82
-35-
O R D I N A N C E - STREET CLOSURE
ITEM II -H.1 ITEM #17988
Mr. William R. Miller spoke in behalf of his application
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the Planning Commission
and ADOPT the Ordinance in the matter of closing, vacating and dis-
continuing a portion of that certain street of approximately 50 feet,
more or less, in width, known as Ocean Avenue, as shown on a certain
plat located in Map Book 34, at Page 12, in Block 1, Lynnhaven Shores,
in the City of Virginia Beach, Virginia, said map being attached
hereto. Approval is subject to the following conditions, with the
exception of conditions three (3) and four (4):
3. A standard cul-de-sac is to be dedicated by the
applicant at the eastern extremity of the area
to be closed w4t194e-eme-{}3-year at the time of
development.
4. Improvements are to be in accordance with the Site
Plan and Subdivision Ordinances, 4eelad4Rg improve-
ment of the cul-de-sac listed in No. 3 at the time
of development.
Application of Miller Enterprises, Inc., for the discontinuance, closure
and abandonment of a portion of Ocean Avenue beginning on the North side
of Shore Drive, running around a curve in a Northeasterly direction a
distance of 285.14 feet, running a distance of 50 feet in a Northerly
direction, running around a curve in a Southwesterly direction a
distance of 313.28 feet and running a distance of 50 feet along the
North side of Shore Drive. Said parcel contains .34 acre. LYNNHAVEN
BOROUGH.
Approval is subject to the following conditions:
1. The ultimate disposition of this right-of-way shall be by
means of purchase rather than by direct conveyance to the
adjoining property owner, subject to determination by the
City Attorney's Office.
2. The closure of this right-of-way shall be contingent upon
compliance with the conditions of Item Number 1, 5 and 6,
within 120 days of the approval by City Council.
3. A standard cul-de-sac is to be dedicated by the applicant
at the eastern extremity of the area to be closed w4th4R
eme-{14-year at the time of development.
4. Improvements are to be in accordance with the Site Plan
and Subdivision Ordinances, 4e0.11d4Ag improvements of
the cul-de-sac listed in No. 3 at the time of development.
5. All existing lot lines adjoining the portion of Ocean Avenue
proposed for closure, shall be vacated in order to avoid the
creation of nonconforming lots and to ensure that all lots
have access to a public street.
5. A utility easement 20 feet in width, centered over the
existing 8 -inch gravity sewer, shall be retained.
3/22/82
-36 -
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3/22/82
1
Law Offices
WOLCOTT, SPENCER,
RIVERS, WHEARY,
BASNIGHT & KELLY, P.C.
Virginia Beach, Virginia
-37-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF APPROXIMATELY 50 FEET, MORE OR
LESS, IN WIDTH, KNOWN AS OCEAN AVENUE,
AS SHOWN ON A CERTAIN PLAT LOCATED IN
MAP BOOK 34, AT PAGE 12, IN BLOCK 1,
LYNNHAVEN SHORES, IN THE CITY OF VIRGINIA
BEACH, VIRGINIA, SAID MAP BEING ATTACHED
HERETO.
WHEREAS, it appearing by Affidavit that proper notice has
been given by W. Brantley Basnight, III representing Miller
Enterprises, Inc., that he would make Application to the City
Council of the City of Virginia Beach, Virginia, on the
day of , 1982, to have the hereinafter described
street discontinued, closed and vacated; and
WHEREAS, it is the judgment of the City Council that said
street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the City Council of the City of
Virginia Beach, Virginia, that the hereinafter described street
be discontinued, closed and vacated:
BEGINNING at a point on the north side of
Ocean Avenue at the southeast corner of
Lot 16 as shown on the plat entitled
"Sub -division of Block 1, Lynnhaven Shores"
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 34, at Page 12, and from said point
of beginning running south 10°9'53" east 50
feet to a point on the southern side of Ocean
Avenue; thence south 79°50'6" west 164.37 feet
to a point; thence turning and running along
an arc curve to the left having a radius of
91.66 feet an arc distance of 110.36 feet to
a point; thence turning and running along an
arc curve to the south having a radius of 30
feet and an arc distance of 10.42 feet to a
point; thence north 75°52'45" west 50 feet to
a point on the west side of Ocean Avenue;
thence turning and running along an arc curve
to the north having a radius of 30 feet an
arc distance of 7.25 feet to a point; thence
turning and running along an arc curve to the
north having a radius of 141.66 feet an arc
distance of 170.60 feet to a point; thence
north 79°50'6" east 164.37 feet to the point
of beginning aforesaid.
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Said parcel of land being a portion of Ocean Avenue as
indicated on a certain Map which is attached hereto.
SECTION II
A certified copy of this Ordinance shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, indexed in the name of the City of Virginia
Beach.
SECTION III
This Ordinance shall be effective, 30 days from the
date of passage and after completion of all conditions
imposed by City Council.
1
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty -Second day of March, 1982
1
Law Offices
WOLCOTT, SPENCER,
RIVERS, WHEARY,
BASNIGHT & KELLY, P.C.
Virginia Beach, Virginia
3/22/82
1
Law Offices
WOLCOTT, SPENCER,
RIVERS, WHEARY,
BASNIGHT & KELLY, P.C.
Virginia Beach, Virginia
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ORDINANCE APPOINTING VIEWERS
WHEREAS, W. Brantley Basnight, III, representing Miller
Enterprises, Inc., has given due and proper Notice, in accordance
with the statutes for such cases made and provided that they
will on the
day of , 1982, apply to the
City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below -described property and
report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result from
the discontinuance of the hereinafter described portion of that
certain street of approximately 50 feet, more or less, in width,
and has filed such Application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT C. Oral Lambert
Robert J. Scott and
David M. Grochmal are
hereby appointed to view the below -described property and report
in writing to the Council on or before , 198
whether in their opinion, any, if any, what inconvenience would
result in the discontinuing and vacating of a portion of that
certain street of approximately 50 feet, more or less, in width,
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
BEGINNING at a point on the north side of
Ocean Avenue at the southeast corner of
Lot 16 as shown on the plat entitled
"Sub -division of Block 1, Lynnhaven Shores"
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 34, at Page 12, and from said point
of beginning running south 10°9'53" east 50
feet to a point on the southern side of Ocean
Avenue; thence south 79°50'6" west 164.37 feet
to a point; thence turning and running along
an arc curve to the left having a radius of
91.66 feet an arc distance of 110.36 feet to
a point; thence turning and running along an
arc curve to the south having a radius of 30
feet and an arc distance of 10.42 feet to a
point; thence north 75°52'45" west 50 feet to
a point on the west side of Ocean Avenue;
3/22/82
1
1
1
Law Offices
WOLCOTT, SPENCER,
RIVERS, WHEARY,
BASNIGHT & KELLY, P.C.
Virginia Beach, Virginia
-40-
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thence turning and running along an arc curve
to the north having a radius of 30 feet an
arc distance of 7.25 feet to a point; thence
turning and running along an arc curve to the
north having a radius of 141.66 feet an arc
distance of 170.60 feet to a point; thence
north 7905076" east 164.37 feet to the point
of beginning aforesaid.
All of the above as shown on the Map which shows the
closing of said Ocean Avenue, in the City of Virginia Beach,
Virginia, which Map is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
aforedescribed street.
3/22/82
1
1
Law Offices
WOLCOTT, SPENCER,
RIVERS, WHEARY,
BASNIGHT & KELLY, P.C.
Virginia Beach, Virginia
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF APPROXIMATELY 50 FEET, MORE OR
LESS, IN WIDTH, KNOWN AS OCEAN AVENUE,
AS SHOWN ON A CERTAIN PLAT LOCATED IN
MAP BOOK 34, AT PACE 12, IN BLOCK 1,
LYNNHAVEN SHORES, IN THE CITY OF VIRGINIA
BEACH, VIRGINIA, SAID MAP BEING ATTACHED
HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Miller Enterprises, Inc., respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the Code of Virginia, the Petitioner applies for the
vacating, closing and discontinuance of a portion of that
certain street, which is more specifically described as follows:
BEGINNING at a point on the north side of
Ocean Avenue at the southeast corner of
Lot 16 as shown on the plat entitled
"Sub -division of Block 1, Lynnhaven Shores"
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 34, at Page 12, and from said point
of beginning running south 10°9'53" east 50
feet to a point on the southern side of Ocean
Avenue; thence south 79°50'6" west 164.37 feet
to a point; thence turning and running along
an arc curve to the left having a radius of
91.66 feet an arc distance of 110.36 feet to
a point; thence turning and running along an
arc curve to the south having a radius of 30
feet and an arc distance of 10.42 feet to a
point; thence north 75°52'45" west 50 feet to
a point on the west side of Ocean Avenue;
thence turning and running along an arc curve
to the north having a radius of 30 feet an
arc distance of 7.25 feet to a point; thence
turning and running along an arc curve to the
north having a radius of 141.66 feet an arc
distance of 170.60 feet to a point; thence
north 79°50'6" east 164.37 feet to the point
of beginning aforesaid.
Said parcel of land being a portion of Ocean Avenue as
indicated on said Map attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
aforesaid street.
3/22/82
1
r
Law Offices
WOLCOTT, SPENCER,
RIVERS, WHEARY,
BASNIGHT & KELLY, P.C.
Virginia Beach, Virginia
-42-
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2. That no inconvenience will result to any persons by
reason of said closing, vacation and discontinuance of said
street; and the Petitioner prays that this Honorable Council
appoint Viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the City
Council on or before the
day of , 1982, as to
whether in the opinion of said Viewers, what inconvenience, if
any, would result from the discontinuance and closing of this
portion of said street, as herein reported and described.
3. That on the 29th day of January , 1982, Notice
of the presenting of this Application was posted at the Court-
house of the Circuit Court of the City of Virginia Beach,
Virginia; on the premises to be closed; and at the City Hall
Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia,
as evidenced by the Affidavit attached hereto, and a copy of
said Notice.
4. That the Petitioner is the attorney representing the
fee simple owners of the land along and adjacent to and
affected by said portion of the platted street to be closed
and consequently are the landowners affected by the same.
TERPINC .
By 7 f
W. Brantley Basnight, III
Wolcott, Spencer, Rivers, Wheary,
Basnight & Kelly, P.C.
1637 Laskin Road
Virginia Beach, Virginia 23451
u sel
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U N F I N I S H E D BUSINESS
ITEM II -H.1 ITEM #17989
Mr. Allison Maynard, Chairman, Baylake Pines Civic League's Committee
on Political Affairs, Zoning and Restrictions and a resident of the
City of Virginia Beach, requested Council reconsider the Ordinance
to amend and reordain Article 2, Section 201(d) of the Comprehensive
Zoning Ordinance pertaining to fences and walls, adopted on
Februaary 1, 1982.
Mr. Maynard advised he has no objection with the height of a fence
for a tennis court provided it is not within the setback area.
Mr. Deane Williams, President of Baylake Pines Civic League, spoke
on this matter.
Mr. George Hamer, resident of Baylake Pines, spoke on this matter.
Upon motion by Councilman Holland, seconded by Councilwoman McClanan,
City Council voted to RECONSIDER ON APRIL 5, 1982 the Ordinance to
amend and reordain Article 2, Section 201(d) of the Comprehensive
Zoning Ordinance pertaining to fences and walls.
Voting: 6-5
Council Members Voting Aye: (for reconsideration)
E. T. Buchanan, Barbara M. Henley, Clarence A. Holland,
M. D. Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, W. H. Kitchin, III, and Patrick L.
Standing
Council Members Absent:
None
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ITEM II -J.1
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N E W B U S,I N E S S
ITEM #17990
Attorney Edward T. Caton, III, representing Coastal Inn Associates,
spoke before Council requesting his client be reimbursed for fees
paid for water and sewer lines as it was felt they should have been
permitted to pay developer fees.
It was noted the sewer lines were put in at no cost to the Utility
Enterprise Fund.
Mr. Caton advised that in accordance with Section 15.1-876 the
State Law mandates that charges a City makes to its citizens
must be uniform and the Courts have stated the "charging of
fees must in no way be arbitrary and discriminatory".
ADJOURNMENT
ITEM II -K.1 ITEM #17991
Upon motion by Councilman Standing, City Council adjourned at 9:40 p.m.
Diane M. Hickman, eputy City Clerk
.141_
Ruth odgess S City Clerk
May,. "e` cCoy J411i D.D.S.
City of Virginia Beach,
Virginia
22 March 1982
dmh/etd
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