HomeMy WebLinkAboutNOVEMBER 9, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY M@COY JR., D.D.S., K,.p.@ill, B.,..gh
VICE-MAYOR HAROLD HEISCHOBER, A, L.,g,
JOHN A@ BAUM, B.,..Sh
E. 7. BUCHANAN, B .... gh
F. REID ERVIN, At L.,g,
BARBARA M. HENLEY, P-g. So@.gb
CLARENCE A. HOLLAND, M.D., B ... id, B.,..gb
W. H. KITCHIN, Ill, Vigi.i. B..Ch B.@.gb
REBA S. M,CLANAN, A... B --- gb
AIEYERA E. OBERNDORF, A, L.,g, 212 CTTY MALL BUILDING
PA7RICK L. STANDING. A, L.,8@ MUNICIPAL CENTER
VIRCINIA BEACH. VIRGINIA 23456
RUTH HODGES SMITH, Cily Cllk (804) 427-4303
CITY COUNCIL AGENDA
November 9, 1981
ITEM I BRIEFING: 10:30 a.m.
A. Briefing on proposed ordinances regarding cluster housing
(PD-H Districts). Joint Council/Planning Commission
ITEM II INFORMAL SESSION: 12:30 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.
3. Comprehensive Plan: Briefing.
4. Atlantic Avenue: Discussion of pavement markings.
ITEM III FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Robert C. Schoof
New Covenant Presbyterian 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 November 2, 1981.
ITEM III E. RESOLUTIONS
1. Resolution of Appreciation
a. Reeves Johnson
b. J. Alvin Holland
2. Resolution requesting City Council not to approve any change
in the current regulations which would allow increased access
through Back Bay National Wildlife Refuge.
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the City Cotmcil 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 appointing viewers for the closure of
a portion of Cape Henry brive (Lynnhaven Borough).
2. Ordinance appointing viewers for the closure of
a portion of 20th Street (Virginia Beach Borough).
3. Ordinance appointing viewers for the closure of
a portion of Jefferson Avenue (Lynnhaven Borough).
4. Ordinance appointing viewers for the closure of
a portion of Kings Neck Road (Lynnhaven Borough).
5. Ordinance to amend and reordain Section 21-443 of the
Code of the City of Virginia Beach, Virginia, pertaining
to safety devices for motorcycle operators.
G. PLANNLNG ITEMS
1. Application of Woods Corner Associates, Ltd., for a
change of zoning from R-6 Residentiai District to
R-8 Residential District on an 80.2-acre parcel
located on the South side of Lynnhaven Parkway
(Kempsville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval; however, the
attorney r6presenting tbe applicant has requested a
three-week deferral on this matter.
2. Application of McKenzie Building Corporation for a
Change of Zoning District Classification from A-1 Apartment
District to B-4 Resort-Commercial District on a-.43-acre
parcel located on the South side of 25th Street (Virginia
Beach Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
ITEM III G. PLANNING ITEMS (continued)
3. Application of Campus East Associates for a change of
zoning from R-5 Residential District to A-1 Apartment
District on two parcels tottllig 15.6 acres located
on the north side of Moore's Pond Road, east of Baker
Road (Bayside Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
4. Application of Leo and Montrose Wood for a conditional use
permit for a home occupation (babysitting) on a .235-acre
parcel located on the west side of Edwin Drive, south of
Princess Anne Road (Kempsville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
5. Application of James P. Woodard and Preston M. White, Jr.,
for a conditional use permit for outside storage on a
4-acre parcel located on the west side of Air Rail Avenue,
at the intersection of Sand Pit Road (Bayside Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
6. Application of Charles W. Gardner for a conditional use
permit for a 'single-family dwelling on a 6.96-acre parcel
located east of Knotts Island Road, north of the Virginia-
North Carolina border (Pungo Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
7. Application of Aldred Foreman for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot dimensions
to conform to the Comprehensive Zoning Ordinance. He wishes
to subdivide this approximately 31,325-square foot parcel,
located on the south side of Connie Lane, west of Lawrence
Drive, into two lots, approximately .522 and .197 acres in
size (Bayside Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
8. Ordinance to amend and reordain Article 15, Section 1501(c)
of the Comprehensive Zoning Ordinance pertaining to use
regulations in the C-1 Arts and Conference District for
heliports.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
ITEM III H. UNFINISHED BUSINESS
I. NEW BUSINESS
J. RECESS INTO EXECUTIVE SESSION
1. Evaluation of tbe performance of City Council appointees.
K. ADJOURNMENT
1. Motion to adjourn
I N F 0 R M A L B R I E F I N G S E S S I 0 N
SPECIAL JOINT MEETING
VIRGINIA BEACH CITY COUNCIL
AND
VIRGINIA BEACH PLANNING COMMISSION
An INFORMAL BRIEFING SESSION of the Virginia Beach City Council and
the Virginia Beach Planning Commission was called to order by Vice
Mayor Harold Heischober, in the Conference Room, City Hall Building,
Monday, 9 November 1 981 at Ten -Th irty in the morn in g .
Council Members Present: Planning Commission Members Present:
E. T. Buchanan Edward R. Batten
Vice Mayor Harold Heischober Herman R. Bonney
Barbara M. Henley Curtis R. Catron
Clarence A. Holland, M.D. Nancy Creech
W. H. Kitchin, III Milton T. Holland
Reba S. McClanan Everett H. Irby
Meyera E. Oberndorf R. Dean Lee
Patrick L. Standing Samuel Martinette
James L. McKown, Jr.
J. Harry Mote
Hassell E. Perrel
Jane Purrington
Council Members Absent: Planning Commission Members Absent:
John A. Baum James E. Snyder
F. Reid Ervin
Mayor J. Henry McCoy, Jr., D.D.S.
2 -
ITEM #17368
The Planning Director advised Council and the Planning Commission of
the following major points concerning the proposed Ordinance regarding
cluster housing (PD-H Districts):
1. Current planned unit developments (Green Run,
Timberlake, etc.), will be governed by the
regulations in the PD-H 1 Section. There will
be no changes in the regulations which currently
govern them. New planned unit developments will
be governed by the PD-H 2 regulations. The current
PD-SC (Planned Development - Shopping Centers), which
has never been used, will be eliminated.
2. The PD-H 2 District will be an Overlay District. The
underlying zoning will be retained, and PD-H 2 would
be acquired through the zoning change process.
3. The R-1 throuqh R-9 Districts and the A-1 through A-4
Districts would b eligible for a PD-H 2 Overlay.
4. There will be no increase in density as a result of
this, since the density of the underlying zoning
would be retained.
5. There will be a 5-acre minimum on tract size.
6. There will be a flexibility of dwelling types in the
PD-H 2 such that the developer would be allowed to
build any type of housing that City Council allowed as
part of the Plan.
7. The Land Use Plan submitted with the application and
approved by City Council would govern not only dwelling
type but also the land use pattern of the project in
general.
8. Height, setback and other similar details would also be
governed by the Land Use Plan.
9. Since a number of dwelling types are allowed but no
density increase allowed, it is probable that a
cluster type development will result. The PD-H 2
regulations provide for appropriate maintenance and
regulation of the open space which would result.
On November 23, 1981@, City Council will hold a Public Hearing on the
proposed Ordinance regarding cluster housing, (PD-H Districts).
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ITEM #17369
The Planning Director presented to Council and the Planning Commission
a brief review of the principles behind the Comprehensive Plan.
1. The Land Use Plan is no more than a graphic
representation of the goals and policies set
forth. It is recognized that it does not
represent the only land use pattern that will
work. Deviations should be measured against
the land use recommendation for suitability.
2 . The basic purpose, but by no means the only purpose,
is to balance development against the ability to
support it with the provision of the facilities.
3. The Comprehensive Plan calls for development density
to be the highest possible within the three constraints
of (a) environmental consideration, (b) neighborhood
compatibility, and (c) community facilities, of which
roads is the most important.
4. Density, as shown in the Plan, is keyed to the ultimate
planned width of roads as shown on the Master Street
and Highway Plan (and is therefore independent of time
or rate), and not to the present width of the roads
or to width of roads shown in the CIP.
5. It is recognized that, in undeveloped areas, residential
development must precede the development of community
facilities.
6. The role of the Comprehensive Plan can therefore be
viewed as allowing, under control, certain inadequacies
to result which can reasonably be remedied in the future.
Close attention must therefore be given to the magnitude
of the inadequacy created and the period of time before
the remedy can be provided.
7. Rezonings must be viewed not as events independent of
other events, but as trends.
8. An increase in density beyond that recommended in the
Plan must of necessity mean one of two things: either
an imbalance between development and support facilities
which cannot be remedied, or an increase in public
expenditure to provide a greater level of support
facilities than anticipated.
M I N U T E S
V IRG IN IA BEACH CITY COUNCIL
Virginia Beach, Virginia
9 November 1981
The Regular Meeting of the Council of the City of Virginia Beach,
Vi rg in ia , was cal 1 ed to order by Mayor J . Henry McCoy, Jr., D. D. S. ,
in the Conference Room, City Hal 1 Buil din g , Monday, 9 November 1 981
at 12:40 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., and Patrick L. Standing
Council Members Absent:
Meyera E. Oberndorf*
ITEM #17370
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
employm@nf, as-signment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public'officers, appointees or
employees.
2. LEGAL MATTERS: Consultation with legal Counsel or
Tri-efings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal nztters within the jurisdiction of the public
body.
- 2-
Upon motion by Council man Buchanan , sec on ded by Coun c il man Stan din g
City Council voted to proceed into the 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
*COUNCILWOMAN OVERNDORF ENTERED MEETING AT 12:42 p.m.
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M A T T E R S B Y C 0 U N C I L M E M B E R S
HOMESTEAD BORROW PIT
ITEM #17371
Councilwoman Oberndorf advised that she and Councilwoman Henley had
received telephone calls from residents near the Homestead Borrow
Pit asking if they would look at the debris in the borrow pit. When
Councilwoman Oberndorf and Councilwoman Henley arrived at the Pit
the developers were clearing out the debris and placing it in a truck.
More debris had to be removed from the surface of the pond.
It was suggested by Councilman Ervin that a chain link fence be placed
around the area to prevent dumping.
Michael Barrett, Assistant to the City Manager for Citizens Affairs,
spoke before Council during the Informal Session and advised that
there was construction debris in the area, which is not in violation
of the permit; however, the operator of the borrow pit advised Mr.
Barrett that he has attempted to have only "high quality" fill placed
in the Pit.
Members of Council asked the City Manager to contact the owner and
hopefully resolve the problem
OLD LAGOON ITEM #17372
Councilwoman McClanan advised that filling was taking place in the Old
Lagoon near Rosemont Road and she was under the impression it could be
controlled by the Fill Permit; however, this particular matter does not
..come under" the City's Ordinances on Borrow Pits.
Councilwoman McClanan requested that the residents in the area be
permitted to speak before Council on this matter.
It was the consensus of Council to permit the residents of the
area near the Old Lagoon to speak during the Council Meeting of
November 23, 1981.
SCHOOL FUND REFERENDUM ITEM #17373
Councilwoman Henley advised, in her opinion, public input on the
question of the school expenditure referendum was good.
Councilwoman Henley requested the Question be meaningful and specific;
and, to be specific the Question should contain figures of the School
Board Budget.
The City Attorney is to draft the wording on the Referendum Question.
It was noted that the Referendum Question prepared by the Education
Association will be placed on the Ballots for citizen consideration.
City Council will also prepare a Referendum Question.
1 1 / 9/81
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PLANNING/SCHOOL BOARD APPOINTMENTS ITEM #17374
Councilwoman Henley advised that at last week's Council meeting
Council discussed the possibility of interviewing prospective
appointees to the Planning Commission and School Board.
Councilwoman Henley advised she would prefer if the Council as a
whole invited all citizens who had submitted a resume to appear
before them for approximately three to five minutes.
BUDGET PROCESS ITEM #17375
Councilwoman Henley advised she will discuss next week public
information for citizens concerning the budget process.
LEGISLATIVE PACKAGE ITEM #17376
Councilman Holland asked if a time has been set for this Council
to discuss its Legislative Package and to meet with our Legislators.
David N. Grochmal, Assistant to the City Manager for Intergovernmental
Relations, advised the Legislative Package will be presented to Council
on November 23, 1981 , and inviting the Legislators either 7 December
or 14 December, 1981 , at 10:30 a.m.
The City Manager advised Council he presented a preliminary list
regarding the Legislative Package, and requested if they have any
item they wish to add or delete.please contact Mr. Grochmal.
VIRGINIA MUNICIPAL LEAGUE ITEM #17377
Mayor McCoy advised Council of the Virginia Municipal League's Regional
Legislative meeting on November 19, 1981, at the Omni Hotel, at 6:30 p.m.,
and further advised that Mr. Grochmal has requested if any member of
Council wished to attend, please notify him for reservations.
GALILEE EPISCOPAL CHURCH ITEM #17378
Mayor McCoy, at the request of Mrs. Casandra Barnes, advised Council
that Galilee Episcopal Church will hold its 30th Annual Christmas
Bazaar on November 11, 1981, from 10:00 a.m. to 4:00 p.m.
1 9 81
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1 N F 0 R M A L A G E N D A
FINANCIAL STATEMENT-1980-81 ITEM #17379
The City Manager presented to Council copies of the 1980-81 Financial
Statement, and advised that taxes were reduced that year, the largest
increase in the Budget was the Department of Education (School Board).
The amo un t in Reserve for Contin genc ies was $6 . 5 Mi li o:l and
r e p r e s e n t s g o o d f i s c a 1 r e s p o n s i b i 1 i ty o n t h e p a r t o f C o u n c i 1 .
Presented to Council , in addition to the Financial Statement, was a
copy of the A. Lee Rawlings audit.
The City Manager complimented Mr. Giles G. Dodd and his Staff for the
time they put into this report.
GREEK ORTHODOX CHURCH ITEM #17380
The City Manager advised Council that Mr. Tommy Kyrus, representing
the Greek Orthodox Church, advised him that the Church purchased
the "Rolling Wheels" skating rink on First Colonial Road. The
building is not large enough for a church and they will be going
before the Board of Zoning Appeal s for a variance.
They will be heard before Planning Commission on December 8, 1981,
and requested simul taneous advertising for hearing by City Council
on December 21 , 1 981 .
This matter will be on the FORMAL AGENDA under NEW BUSINESS.
ATLANTIC AVENUE ITEM #17381
The City Manager advised that the City wil 1 be removing parking meters,
etc. , from Atlantic Avenue in the very near future. The paving will
begin in the Spring of 1982. Left-turn storage lanes will be utilized
on all North-bound and South-bound traffic, by using the center lane.
City Council recessed into EXECUTIVE SESSION, (1:35 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
9 November 1981
2 :1 5 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 Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Robert C. Schoof
New Covenant Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN KITCHIN VOICED A VERBAL "PRESENT"
7
M I N U T E S
ITEM II-D.1 ITEM #17382
Upon motion by Councilwoman Oberndorf , seconded by Councilman Standing,
City Council voted to APPROVE the Minutes of the Regular Meeting of
2 November 1 981
Voting: 1 1 -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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R E S 0 L U T I 0 N S 0 F A P P R E C I A T I 0 N
ITEM II-E.I.a/b ITEM #17383
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf ,
City Council ADOPTED the following Resolutions of Appreciation and
presented same to:
REEVES E. JOHNSON
J. ALVIN HOLLAND
Voting: I I - 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
Mr. Richard J. Webbon, Chairman of the Parks and Recreation Commission,
presented a Letter of Gratitude to Mr. Harold Whitehurst, Director of
Parks and Recreation.
9-
RESOLUTION OF APPRECIATION
TO
REEVES E. JOHNSON
WHEREAS, Reeve s E - John son, has se r ve d as a member of the Tran sportation
Safety Commission from 1968 to 1981, and,
WHEREAS, Reeves E. Johnson, has.served willingly and untiringly in
behalf of the City of Virginia Beach; andi
WHEREAS, his ded i cation and un se l f i sh service in vol ved persona l
sac rif ice s and in con veniences , not only to hi m, but
f requently to his f ami ly an d/or business ; and ,
WHEREAS, we trust he real i zed sati sfaction in suc cessf ul ly adm in i ster in g
in his advisory capacity not only to City Council, but to the
c itizen s of this fa st grow in g metropol is.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognizes this record of thirteen [13] years of distinguished
service in publicly expressing its sincere gratitude for his
contribution of time, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of Appreciation be made
a part of the proceedings of the Formal Session of City
Council, this 9th day of November, 1981, in the City of
Virginia Beach, Virginia.
Given under my hand and seal this 9th day of November, 1981.
J. Henry McCoy, Jr., D.D.S.
Mayor
City of Virginia Beach
-10-
RESOLUTION OF APPRECIATION
TO
J. ALVIN HOLLAND
WHEREAS, J. Alvin Holland served as a member of the Planning Commission
from January 1963 thru December 1971 and as a member of the
Parks and Recreation Commission since March 1971;
WHEREAS, during the illness and upon the untimely death of Maury
Riganto, Mr. Holland served as Acting Chairman and most
recently as Chairman of the Parks and Recreation Commission
WHEREAS, Mr. Holland has served willingly and untiringly in behalf of
the City of Virginia Beach in each of these capacities;
WHEREAS, his dedication and unselfish service invol ved personal
sacrif ices and inconveniences, not only to him, but
frequently to his family and/or business; and,
WHEREAS, we trust he real ized personal satisfaction in successfully
administering in his advisory capacity not only to City
Council , but to the citizens of this fast growing metropol is.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognizes this record of eighteen [18] years of distinguished
service in publicly expressing its sincere gratitude for his
contribution of time, energy and intellect.
BE IT FURTHER RESOLVED-. That this Resolution of Appreciation be made
a part of the proceedings of the Formal Session of City
Council this 9th day of November, 1 981 , in the City of
Virginia Beach, Virginia.
Given under my hand and seal this 9th day of November, 1 981
J. Henry McCoy, Jr., D.D.S.
Mayor
City of Virginia Beach
- 1 i -
ITEM II -E. 2 ITEM #17384
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
City Council voted to ADOPT the Resolution requesting City Council NOT
approve any change in the current regulations which would allow increased
access through Back Bay National Wildlife Refuge.
Voting: 1 1 - 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
- 1 2 -
R E S 0 L U T I 0 N
WHEREAS, the U. S. Fish and Wildlife Service is requesting coments
on a Petition for Rulemaking from the Virginia Wildlife Federation and the
Pacific Legal Foundation to extend access privileges across the Back Bay
National Wildlife Refuge to qualified part-time residents of the Currituck
Outer Banks; and
WHEREAS, the Petition specifically requests that regulations
currently in effect governing access through the Wildlife Refuge be amended
to allow sixty one-way trips per year through the Refuge for owners of
property on the Currituck Outer Banks which was improved as of September 15,
1981; and
WHEREAS, according to the petitioners, this would add no more
than about 150 families to those allowed to travel through the Refuge,
each of whom would be entitled to only thirty round trips per year; and
WHEREAS, the Virginia Beach City Council has gone on record
opposing major access through southern Virginia Beach and Sandbridge to
False Cape State Park, which is south of the Wildlife Refuge because large
volumes of traffic would put a tremendous strain on existing city highways
and other municipal facilities in the area and disrupt the general character
of the neighborhood; and
WHEREAS, 85% of the 6,000 lot owners on the northern Currituck
Outer Banks are residents of Virginia who will logically want access to
their property by the quickest route; and
WHEREAS, the proposed changes in the access regulations would
set a precedent for allowing increased access through the Wildlife Refuge
as more lots are developed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Virginia Beach that the Fish and Wildlife Service is requested not to
approve any change in the current regulations which would allow increased
access through Back Bay National Wildlife Refuge.
Adopted by the Council of the City
of Virginia Beach, Virginia, on the Ninth day
6f November, 1981
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C 0 N S E N T A G E N D A
ITEM II-F ITEM #17385
Upon motion by Coun c il man Standin g , sec on ded by Counc il man Erv in, C i ty
Council agreed to enact the CONSENT AGENDA by ONE MOTION.
Vot in g 1 1 - 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
-1 4-
ITEM II-F.1 ITEM #17386
Upon motion by Councilman Standing, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance appointing Viewers for the closure of a-portion
of Cape Henry Drive, in the Lynnhaven Borough. Petitioner in the
closure of said street is Harry Sandler
Voting: 10-1
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, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting @Jay:
Reba S. McClanan
Council Members Absent:
None
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ORDINANCE APPOINTING VIEWERS
WHEREAS, Harry Sandler has given due and proper notice, in
accordanc,e with the Statutes for such cases made and provided that
he would on the day of 1 198-, 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 variable width, and has filed such application with said
Council .
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr.
David M. Grochmal
Robert J. Scott
ARE HEREBY APPOINTED TO VIEW THE BELOW-DESCRIBED PROPERTY AND REPORT
IN WRITING TO THE COUNCIL on or before
whether in their opinion, any, and if any, what inconvenience would
result in the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
All that certain piece or parcel of land designated as
Cape Henry Drive, Area = 0.483 Acre situated, lying and
being in Lynnhaven Borough, City of Virginia Beach,
Virginia, as shown on that certain plat entitled
"Property Line and Topographic Survey of Lots 1, 2 and
the remaining portion of Lots 3 thru 10, inclusive, Block
5, and that portion of Holly Avenue lying North and South
of a Right-of-Way designated N.S.R.R. Electric Division
(now the property of the City of Virginia Beach, Virginia),
Lynnhaven Shores (M.B. 7, P. 167) for Harry Sandler", Scale
1"=20', dated May 1, 1970, made by Frank D. Tarrall, Jr.,
and Associates, a copy of which is hereto attached, said
parcel being more particularly bounded and described as
follows:
Beginning at a point where the western right-of-way line of
Jetty Street (60') intersects the northern right-of-way line
of Cape Henry Drive (50') as shown on the aforesaid plat,
from said point of beginning continue along the western
right-of-way line of Jetty Street across the right-of-way
line of Cape Henry Drive SlO'-10'-00" East 50.00 feet;
thence run along the southern right-of-way of Cape Henry
- 16 -
Drive S79'-41;-00" West 415.46 feet; thence N22@-34'-00" West
51.17 feet crossing the right-of-way of Cape Henry Drive to
its northern right-of-way line; thence run along said
northern right-of-way line N79@-4l'-00" East 426.31 feet to
the point of beginning. Said parcel contains 0.483 Acre.
All of the above as shown upon that certain plat entitled,
"Property line and topographic survey of lots 1, 2 an'd the remaining
portion of lots 3 thru I 0 , incl ud in g Block 5 , a nd that porti on of
Holly Avenue lying North and South of a Right-Of-Way designated
N.S.R.R. Electric Division (now property of the City of Virginia
Beach, Virginia) Lynnhaven Shores, (M.B. 7, P. 167) for Harry Sandler,
May I , 1 970.
- 1 7 -
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS CAPE
HENRY DRIVE, AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, "PROPERTY LINE AND
TOPOGRAPHIC SURVEY OF LOTS 1, 2, AND THE
REMAINING PORTION OF LOTS 3 thru 10,
INCLUDING BLOCK 5, AND THAT PORTION OF
HOLLY AVENUE LYING NORTH AND SOUTH OF A
RIGHT-OF-WAY DESIGNATED N.S.R.R. ELECTRIC
DIVISION (NOW PROPERTY OF THE CITY OF
VIRGINIA BEACH, VIRGINIA) LYNNHAVEN SHORES,
(M.B. 7, P. 167) FOR HARRY SANDLER, MAY 1,
1 9 70 .
P E T I T I 0 N
TO: THE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA.
I
Your Petitioner , Harry Sand l er, respec tf ul ly represent s as
f 01 I ows :
1. That pursuant to the provisions of Section 15.1-364, of the
1950 Code of Virginia, as amended, the Petitioner applies for the
va catin g , cl osing an d di scontin uan ce of a portion of that ce rta in
street, which is more specifically described on the Addendum attached
hereto and made a part hereof. Said parcel of land being a portion
of Cape Hen ry Dr i ve, as in di cated on that ce rta in pl at en ti tl ed
"Property Line and Topographic Survey of Lots 1, 2, and the remaining
port ion of Lots 3 thru 1 0 , Inc l udin g BI ock 5, and that Portion of
Holly Avenue lying North and South of a Right-Of-Way designated N.S.R.R.
Electric Division (now property of the City of Virginia Beach, Virginia)
Lynnhaven Shores , (M. B . 7, P . 1 67) for Harry San dl er , May 1 , 1 970.
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 Council on or before the Twenty-First day of
December, 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 reported and described.
3. That on the Twenty-Third day of October, 1981, Notice of the
presenting of this Application was posted at the Courthouse of the
1 1 / 9/ 81
- 18 -
Circuit Court of the City of Virginia Beach, Virginia, on the premises
to be cl osed, an d at the Ci ty Hal 1 Annex, I 9th Street and Arctic Avenue ,
Virginia Beach, Virginia, as evidenced by the Affidavit attached hereto,
and a copy of said Notice.
4. That the Petitioner and Samuel Sandler are fee simple
owners of all land along and adjacent to and affected by said portion
of the platted street to be closed and consequently, your Petitioner
and Samuel Sandler are the only landowners affected by the same.
Respectfully submitted,
HARRY SANDLER
BY:/s/ Samuel 1. White
Of Counsel
Samuel I. White, Esquire
WHITE AND MARKS, P.C.
154 Newtown Road, Suite 6
Newtown Professional Park
Virginia Beach, Va. 23462
(804) 490-9284
-13-
ITEM II -F. ITEM #17387
Upon motion by Co un c il man Stan din g , sec onded by Coun c il man Ervin , Ci ty
Coun c il voted to uphold the recommendation of the Ci ty Man age r an d
ADOPT the Ordinance appointing Viewers for the closure of a portion of
20th Street, in the Virginia Beach Borough. Petitioner in the closure
Of said street is Beach Villas, Inc.
Voting: 10-1
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, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L'.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- @ 0 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Beach Villas, Inc., has given due and proper notice,
in accordance with the Statutes for such cases made and provided that
they will on the Ninth day of November, 1981, 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 variable width, and had
filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Coun c il of the Ci ty of
Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr.
David M. Grochmal
Robert J. Scott
are hereby appointed to view the below-described property and report
in writing to the Council on or before 1 98-,
whether in their opinion, any, and if any, what inconvenience would
result in the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
Bounded on the east by a cinderblock wall, located at
the terminus of that portion of 20th Street previously
closed (from the west side of Cypress Avenue west to
the said cinderblock wall)z thence, along the south side
of 20th Street a distance of 45.68 feet to a point;
thence N 36@ 03' E a distance of 46.88 feet to a point;
thence N 24@ 52' W across said 20th Street to a point on
the north side of 20th Street; thence in a northeasterly
d i rect ion along the sa i d nor th s i de of 20 th Street to the
cinderblock wall a distance of approximately 77 feet.
All the above as shown upon that certain plat entitled, "Park
Place Beach Vi l I as - A Con dom inium" , whic h pl at is at tac he d hereto an d
made a part hereof and intended to be recorded with the Ordinance closing
the aforedescribed street.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF 20TH STREET AS SHOWN ON A PLAT ATTACHED HERETO
PETITION
TO: The Mayor and the Members of the Council of the
City of Virginia Beach, Virginia
The Petiti oner , Beach Vi l 1 as , Inc., respectf ul ly represent s
as follows:
1. That pursuant to the provisions of Section 15.1-364 of the
Code of Vi rgin ia , as amended , the Petitioner appl ies for the va cating ,
closing and discontinuance of a portion of 20th Street described as
follows:
Bounded on the east by a cinderblock wall, located at
the terminu's of that portion of 20th Street previously
closed (from t@e west side of Cypress Avenue west to
the said cinderblock wall); thence, along the south side
of 20th Street a distance of 45.68 feet to a point;
thence N 36' 03' E a distance of 46.88 feet to a point;
thence N 24' 52' W across said 20th Street to a point on
the north side,of 20th Street; thence in a northeaster,,Iy,,
direction along the said north side of 20th Street to the
cinderblock wall a distance of approximately 77 feet.
Said parcel is outl'lned in red on the plat attached entitled "Park
Place Beach Villas:- A Condominium" which plat is attached hereto
and made a part hereof.
2 .That n6 in con ven ien ce wil 1 resul t to any persons by reason
of said closing, vacation and discontinuance of the said portion of
20th Street and the Petitioner prays that this Honorable Council appoint
Viewers as provided by law and to report to the Council on or before the
Twenty-First day of December, 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.
3. That on the Twenty-First day of October, 19,81, notice of
the p-resen ting of this application was posted at the Courthouse of the
Circuit Court of the City of Virginia Beach, Virginia.
BEACH VILLAS, INC.
By
Frank E. Butler, III
Counsel
1 1 9 81
2-
ITEM II-F.3 ITEM #17388
Upon motion by Councilman Standing, seconded by Councilman Ervin, City
Counc il voted to up hold the recommen dation of the Ci ty Mana ge r an d
ADOPT the Ordinance appointing Viewers for the closure of a portion
of Jefferson Avenue, in the Lynnhaven Borough. Petitioner in the
cl osure of said s tree t is D . M ur ray Ma 1 bon.
Voting: 10-1
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, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 2 3-
ORDINANCE APPOINTING V.IEWERS
WHEREAS, D. Murray Ma l bon has gi ven due an d proper notice, in
accordance with the Statutes for such cases made and provided that
they will on the tl in th day of @.P-vemb'e!@, 1 981 , apply to the
City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers, any, and if any, what inconvenience would result
from the discontinuance of the hereinafter described portion of that
certain street of variable width, afid 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
David M. Grochmal
are hereby appointed to view the below-described property and report in
writing to the Council on or before I 1 981 ,
whether in their opinion, any, and if any, what inconvenience would
result in the discontinuing and vacating of a portion of that certain
street of variable width located in the City of Virginia Beach, Virginia,
and more particularly described as follows:
Beginning at a point where the easterly side of Jefferson
Avenue as shown on a plat entitled "Virginia Beach Annex
No. 2"which plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 3, at Page 24, intersects with the southerly
side of 19th Street; thence S 83@ 26' 11" W 21.90 feet along
the southerly side of 19th Street; thence S 8@ 5' 21" W
72.29 feet; thence S6@ 24' 39" E 241.78 feet; thence N 83' 35'
21" E 9.35 feet; thence along curve to the right (radius: 420
feet) 41.35 feet; thence along a curve to the right (radius:
420 feet) 24.40 feet; thence N 14* 40' 15" E 33.05 feet; thence
N 6' 24' 39" W 218.04 feet to the point of bejinning.
- 24 -
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS
JEFFERSON AVENUE, AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED "CLOSURE OF A
PORTION O@ JEFFERSON AVENUE, AND A
RESUBDIVISION OF UNNUMBERED LOT AND LOT
2, VIRGINIA BEACH ANNEX NO. 2 (M.B. 3,
PG. 24) AND SECTION A, B, C, AND D, A
DIVISION OF ALBERT WRIGHT'S RIGHT-OF-WAY
(M.B. 13, PG 2), AiqD POKTION OF VACATED
JEFFERSON AVENUE, (M.D. 3, PG. 24), LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH
PLAT IS ATRACHED HERETO.
P E T I T I 0 N-
TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, D. Murray Malbon, respectfully represents as
f01 lows:
1. That pursuant to the provisions 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:
Beginning at a point where the easterly side of Jefferson
Avenue as shown on a plat entitled "Virginia Beach Annex
No. 2"which plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 3, at Page 24, intersects with the southerly
side of 19th Street; thence S 83@ 26' 11" W 21 .90 feet along
the southerly side of 19th Street; thence S 8@ 5' 21" W
72.29 feet; thence S 6' 24' 39" E 241.78 feet; thence N 83'
35' 21" E 241.78 feet; thence N 83@ 35' 21" E 9.35 feet thence
along a curve to the right (radius: 420 feet) 41.35
feet; thence along a curve to the right (radius: 420 feet)
24.40 feet; thence N 14' 40' 16" E 33.05 feet; thence N 6@
24' 39" W 218.04 feet to the point of beginning
Said parcel of land being a portion of Jefferson Avenue, as
indicated on that certain plat entitled, "Closure of a portion of
Jefferson Avenue, and a resubdivision of unnumbered lot and lot 2,
Virginia Beach Annex No. 2 (M.B. 3, PG 24), and Section A,B,C, and
D, A. Division of Albert Wright's Estate (M.B. 13, PG 2), Vacated
Wright's Right-of-way (M.B. 13, PG 2), and Portion of Vacated Jefferson
Avenue (M.B. 3, PG 24), Lynnhaven Borough, Virginia Beach, Virginia",
which plat is attached hereto and made a part hereof and intended to
be recorded with the Ordinance closing the aforedescribed street.
- 2 5-
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 Council on or-before the day
of 1981, as to whether in the opinion of the said
Viewers, what inconvenience, if any, would result from the discontinuance
and closing of this portion of the said street, as herein reported and
described.
3. That on the day of September, 1981, Notice of the
presenting of this Application was posted in 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 Affidavit attached hereto,
and a copy of said Notice.
4. That the Petition.er is fee simple owner of all land along
and adjacent to and affected by said portion of the platted street to
be closed and consequently your petitioner is the only private landowner
affected by the same.
Respectfully submitted,
D. MURRAY MALBON
By /s/ V. Alfred Etheridge, Jr.
Of Counsel
V. Alfred Etheridge, Jr.
3335 Stoneshore Road
Virginia Beach, Virginia
I 19/81
2 6-
ITEM II-F.4 ITEM #17389
Upon motion by Councilman Standing, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance appointing Viewers for the closure of a portion of
Kings Neck Road, in the Lynnhaven Borough. Petition in the closure of
said street is Chapel Hill Builders.
Voting: 10-1
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, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
- 27 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Chapel Hill Builders has given due and proper notice,
in accordance with the Statutes for such cases made and provided that
they will on the day of 1981, apply to the
City Council of the City of Virginia Beach, Virginia, for the appoint-
ment of Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of the said Viewers,
any, and if any, what inconvenience would result from the discontinuanice
of the hereinafter described portion of that certain street of variable
width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert, Jr.
David M. Grochmal
Robert J. Scott
are hereby appointed to view the below-described property and report
in writing to the Council on or before , whether
in their opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of a portion of that certain street of
variable width located in the City of Virginia Beach, Virginia, and
more particularly described as follows:
That portion of Kings Neck Road beginning at a point on
the northeasterly right-of-way line of Kings Neck Road,
said point being N 44' 241 24" E 853.45 feet from the
northwesterly end of return of the northerly corner of
the intersection of King's Neck Road and Shakespeare
Drive; thence N 44' 24' 24" W 127.28 feet to a point;
thence along a curve to the right having a central angle
of 10@ 45' 15", a radius of 50.00 feet and an arc length
of 9.38 feet to a point; thence along another curve to the
right, which curve is not tangent to the previously
described turve, having a central angle of 147' 28' l@8",
and a radius of 50 feet, and an arc length of 128.69 feet
and a chord bearing of S 58' 08' 33" E to a point; thence
along a curve to the left having a central angle of
60* 00' 00", and a radius of 50.00 feet and a arc length
of 52.36 feet to a point, the point of beginning.
I 1 9/ 81
- 2 8-
All of the above as shown upon that certain plat entitled,
"Proposed Closure of a Portion of Kings Neck Road in King's Point
East, Lyn.nhaven Borough, Virginia Beach, Virginia", which plat is
attached hereto and made a part hereof and intended to be recorded
with the Ordinance closing the aforedescribed street.
- 2 9 -
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN
AS KINGS NECK ROAD, AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "PROPOSED CLOSURE OF A PORTION OF KINGS NECK
ROAD IN KING'S POINT EAST, LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA".
P E T I T I 0 N
TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Chapel Hill Builders respectfully represents
as follows:
1. That pursuant to the provisions 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:
That portion of Kings Neck Road beginning at a point on
the northeasterly right-of-way line of Kings Neck Road,
said point being N44'24'24" E 853.45 feet from the
northwesterly end of return of the northerly corner of
the intersection of King's Neck Road and Shakespeare
Drive; thence N44' 24'24" W 127.28 feet to a point;
thence along a curve to the right having a central
angle of 10'45'15" a radius of 50.00 feet and an arc
length of 9.38 feet to a point; thence along another
curve to the right, which curve is not tangent to the
previously described curve, having a central angle of
147@28'18", and a radius of 50 feet, and an arc length
of 128.69 feet and a chord bearing of S58'08'33" E to
a point; thenc,e along a curve to the left having a central
angle of 60@00'00", and a radius of 50.00 feet and an
arc length of 52.36 feet to a point, the point of beginning.
Said parcel of land being a portion of Kings Neck Road, as
indicated on that certain plat entitled, "Proposed Closure of a Portion
of Kings Neck Road in King's Point East, Lynnhaven Borough, Virginia
Beach, Virginia", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the afore-
described street.
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 pro-
vided 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 opin'ion of said Viewers
- 30 -
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 22nd day of October, 1 981 , 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 Affidavit
attached hereto, and a copy 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 platted street to
be closed and consequently, your Petitioner is the only landowner
affected by the same.
Respectfully submitted,
CHAPEL HILL BUILDERS
By
Of Counsel
James A. Evans
Byrd , Dinsmore, Evans, Bryant and Sykes, Ltd.
41 90 South Plaza Trail
Virginia Beach, Virginia 23452
- 31 -
ITEM II-F. 5 ITEM #17390
Upon motion by Councilman Standing, seconded by Councilman Ervin , City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 21-443 of the Code
of the City of Virginia Beach, Virgin ia , pertaining to safety devices
for motorcycle operators.
Voting: 10-1
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, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
2 -
z
0
z
AN ORDINANCE TO AMEND AND REORDAIN
<
C., SECTION 21-443 OF THE CODE OF THE
> CITY OF VIRGINIA BEACH, N7IRGINIA,
PERTATNING TO SAFETY DEVICES FOR
MOTORCYCLE OPERATORS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-443 is hereby amended and reordained as
follows:
Section 21-443. Safety devices for protection of motorcycle
operators and passenqers.
(a) A Person operatinq a motorcycle shall wear a face
shield, safetv qlasses or aoqqles or have his motorcvcle equipped
with safety glass or a windshield at all times while operatinq
such vehicle, and operators and passenqers thereon, if any, shall
wear protective helmets.
Operators and passenqers riding on motorcycles with wheels of
eiqht (8) inches or less in diameter shall not be required to
wear idrotective helmets. The superintendent shall establish
standards for the windshields, face shields, glasses or qoqqles
and protective helmets required herein. Failure to wear a face
shield, safety glasses or goggles or a protective helmet shall
not constitute negligence per se in any civil proceeding.
(b) No motorcycle operator shall use any face shield,
safety qlasses or goqqles or have his motorcycle eauipped with
safety glass or a windshield, unless of a type approved by the
superintendent.
(c) Any person who knowingly violates this
section shall be quilty of a class I misdemeanor.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of virqinia Reach,
Virginia, on the 9 day of November , 1981.
RJN/da
3 3-
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #17391
Ric hard Bowie ap peared in be ha If of the appl i can t reque st in g a three
(3) week deferral.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to DEFER UNTIL THE FIRST MEETING IN DECEMBER,
(December 7, 1981) the application of WOODS CORNER ASSOCIATES for a
Change of Zon in g D istrict Cl a ssif i cation, as per the f ol low in g
Ordinance upon application of Woods Corner Associates, Ltd., for
a Change of Zonin 'C' Classification from R-6 Residential
g 'istr'
District to R-8 Residental D ist rict on certain property located
on the South side of Lynnhaven Parkway beginning at a point 1 500
feet East of Centerville Turnpike, running a distance of 513.02
feet along the South side of Lynnhaven Parkway, running a distance
of 720 feet in a Southeasterly direction, running a distance of
158.36 feet in a Southwesterly direction, running a distance of
145 feet in a Westerly direction, running a distance of 361.11
feet in a Southeasterly direction, running a distance of 658.63
feet in a Northeasterly direction, running a distance of 2700
feet more or less in a Southeasterly direction, running a distance
of 140 feet more or less in a Southwesterly direction, running a
a distance of 1380 feet more or less in a Westerly direction,
running a distance of 2540 feet more or less in a Northwesterly
direction, running a distance of 87.5 feet in a Northeasterly
direction and running a distance of 471.89 feet in a
Northwesterly direction. Said parcel contains 80.2 acres more
or less. KEMPSVILLE BOROUGH.
Voting: I 1 - 0
3 4 -
Council Members Voting Aye: (for deferral)
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
35 -
ITEM I I-G . 2 ITEM #1 7392
Senator A. Joseph Canada appeared in behalf of the appl icant requesting
deferral until December 7, 1981.
Mrs. Nancy Parker, Old Beach Civic League, appeared in opposition.
Upon motion by Councilman Kitchin , seconded by Councilman Ervin , City
Council voted to DEFER UNTIL DECEMBER 7, 1981 the application of
McKENZIE BUILDING CORPORATION for a Change of Zoning District Classif i-
cation, as per the following:
Ordinance upon appl ication of McKenzie Building Corporation for a
Change of Zonin' 'itrict Classification from A-1 Apartment Di.strict
to B-4 Resort Co..ercial Di, trict on certain property located on the
South side of 25th Street beginning at a point 250 feet East of
Arctic Avenue, running a distance of 100 feet along the South side
of 25th Street, running a distance of 190 feet along the Eastern pro-
perty line, running a distance of 100 feet along the Southern pro-
perty line and running a distance of 190 feet along the Western
property line. Said parcel contains .43 acre. VIRGINIA BEACH BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for deferral)
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
C.ouncil Members Voting Nay:
None
Council Members Absent:
None
- 3 6-
ITEM II-G.3 ITEM #17393
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
The following appeared in opposition and presented petitions, (copies
of which will be made a part of these proceedings).
John Bagley, President, Diamond Lakes Estate Civic League
Charles Austin, President, Lawson Forest Civic League
Councilman Holland made a motion, seconded by Councilman Standing, to
DEFER FOR SIX MONTHS the application of CAMPUS EAST ASSOCIATES for a
Change of Zoning District Classification.
Councilwoman McClanan offered a SUBSTITUTE MOTION, seconded by
Councilwoman Henley, to DENY the application of CAMPUS EAST ASSOCIATES
for a Change of Zoning District Classification
V o t i n g5- 6
Council Members Voting Aye: (substitute motion)
Vice Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Batffn, E. T. Buchanan, F. Reid Ervin, Clarence
A. Holland, M.D., Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members Absdnt:
None
7
THE RECORDED VOTE ON THE MAIN MOTION IS AS FOLLOWS:
Voting: 7- 4
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold He.ischober, Clarence A. Holland, M.D.,
Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L.
Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
None
3 8-
Ordinance upon application of Campus East Associates for
a Chan e of lonin, listrict I.las,ific:cltion from R-5 Resi-
d nt@ial Dis trict to A-] Apartment District on the following
parcels:
Parcel 1: Located on the North side of Moore's Pond Road
beginning at a point 1430 feet East of Baker Road, running
a distance of 375 feet along the North side of Moore's Pond
Road, running a distance of 709 feet along the Eastern pro-
perty line, running a distance of 573 feet along the Northern
property line and running a distance of 587 feet along the
Western property line.
Parcel 2: Located 460 feet more or less North of Moore's
Pond R6a-d beginning at a point 680 feet more or less East
of Baker Road, running a distance of 1106 feet along the
Suthern property line, running a distance of 50 feet along
the Eastern property line, running a distance of 1146 feet
along the Northern property line (Southern boundary of
Proposed Wesleyan Drive), and running a distance of 510 feet
along the Western property line. Said parcel contains 15.6
acres. BAYSIDE BOROUGH.
- 3 9-
ITEM II-F.4 ITEM #17394
Leo Wood appeared in behalf of his application
Upon motion by Councilwoman Oberndorf , seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of LEO AND MONTROSE WOOD for
a Conditional Use Permit as per the following, subject to the recommended
conditions transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF LEO AND MONTROSE ROI 1 81 4@-.
WOOD FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (BABYSITTING)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Leo and Montrose Wood for a
Conditional Use Permit for a home occupation (babysitting)
on certain property located on the West side of Edwin Drive
beginning at a point 158.60 feet South of Princess Anne
Road, running a distance of 82 feet along the West side of
Edwin Drive, running a distance of 125 feet along the Southern
property line, running a distance of 82 feet along the Western
property line and running a distance of 125 feet along the
Northern property line. Said parcel contains .235 acre.
KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Approval is for a period of three (3) years.
2. Compliance with Article 2, Section 229 of the Comprehensive
Zoning Ordinance pertaining to home occupations.
3. The conditional use is limited to Nine (9) children.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Ninth day of November, 1981
0
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
- 41 -
ITEM II-G.5 ITEM #17395
Mr. Isaac Herbert appeared in opposition.
Upon motion by Councilman Holland, seconded by Councilman Kitchin,
City Council voted to DEFER FOR TWO WEEKS, (November 23, 1981) the
application of JAMES P. WOODARD AND PRESTON M. WHITE, JR., for a
Conditional Use Permit, as per the following:
Ordinance upon application of Jams P. Woodard and Preston M.
White, Jr., for a Conditional Use Permit for outside storage
on certain property located on the West side of Air Rail Avenue
beginning at the intersection with Sandpit Road, running a dis-
tance of 350 feet along the West side of Air Rail Avenue, running
a distance of 320 feet more or less along the Northern property
line, running a distance of 680 feet more or less along the
Western property line, running a distance of 150 feet in a
Southeasterly direction, running a distance of 270 feet more or
less in a Northeasterly direction and running a distance of 150
feet in a Southeasterly direction. Said parcel contains 4 acres
more or less. BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for deferral)
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
- 4 2-
ITEM I I-G 6 ITEM #17396
Mr. C harl e s W. Gardner ap peared in be ha l f of his appl i cation.
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of CHARLES W. GARDNER for a Conditional
Use Permit, subject to the recommended conditions transmitted in the
City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF CHARLES W. R0118142@
GARDNER FOR A CONDITIONAL USE PERMIT FOR
A SINGLE FAMILY DWELLING
BE IT ORDAINED BYITHE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Charles W. Gardner for a
Conditional Use Permit for a single family dwelling on
certain property located at 6520 Knotts Island Road
beginning at a point 600 feet East of Knotts Island Road,
running a distance of 1080 feet more or less along the
Northern property line, running a distance of 277.83
feet along the Eastern property line, running a distance
of 1050 feet more or less along the Southern property
line and running a distance of 292 feet more or less
along the Western property line. Said parcel contains
6.96 acres more or less. PUNGO 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.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Ninth day of November, 1981
4 3 -
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
- 4 4 -
ITEM II-G.7 ITEM #17397
Mr . Al dred Foreman appea red in be ha l f of his appl ication.
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of ALDRED FOREMAN for a
Variance to Section 4.4(b) of the Subdivision Ordinance, as per
the following:
Appeal from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision
for Aldred Foreman. Property located on the South side of
Connie Lane, 140 feet more or less West of Lawrence Drive.
Plats with more detailed information are available in the
Department of Planning.
The applicant requests a variance to Section 4.4(b) of the
Subdivision Ordinance which requires lot dimensions to
conform to the Comprehensive Zoning Ordinance. The applicant
wishes to subdivide this approximately 31,325 square foot
parcel into two (2) lots, approximately . 522 and .1 97 acres
in size. BAYSIDE BOROUGH.
V o t i n g9-2
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
John A. Baun, and Barbara M. Henley
Council Members Absent:
None
- 45 -
ITEM II-G.8 ITEM #17398
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 15,
Section 1501(c) of the Comprehensive Zoning Ordinance pertaining to
use regulations in the C-1 Arts and Conference District, for
Heliports.
Voting: I 0-1
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, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
4 6 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 15, SECTION 1501(c)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
IN THE C-1 ARTS AND CONFERENCE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIN
That Article 15, Section 1501(c), Conditional uses and structures, of the
C.Z.O. is amended and reordained 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:
(1) Autormbile service stations, provided that where there
is an adjoining residential or apartment district with-
out an intervening street, alley or permanent open space
over twenty-five (25) feet in width and where lots separated
by the district boundary have adjacent front yards, a six
(6) foot solid fence shall separate the automobile service
station use from the adjacent residential district and no
ground sign shall be within fifty (50) feet of the resi-
dential or apartment district;
(2) Bicycle rental eSStablishments;
(3) Churches;
(4) Coffnercial parking lots, parking garages, and storage
garages;
(5) Heliports and helistops;
(6) @64 Movie houses and 1-ive theatre establishments;
(7) 44 Multiple family dwellings;
(8) @74 Nightclubs, bars, taverns, dance halls;
(9) @4 Passenger transportation teminals;
(10) 494 Personal service establishments, including barber and
beauty shops, shoe repair shops, cleaning, dyeing,
laundry, pressing, dressmaking, tailoring, and garment
repair shops with processing on the premises;
(11) 4;94 Private clubs and lodges, social centers, eleemosynary
establishments, and athletic clubs;
(12) @14 Recreational and amusement facilities of an outdoor nature,
which may be partially or temporarily enclosed on a seasonal
basis with approval of City Council, provided that in the
development of such properties, safeguards are provided to
preserve and protect the existing character of adjacent
properties except that riding academies and recreational
campgrounds shall not be allowed as a conditional use or
otherwise;
(13) @424 Retail uses and structures other than those specified as
permitted principle uses and structures.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Ninth day of November 1981.
- 4 7-
U N F I N I S H E D B U S I N E S S
ITEM II-H.1 ITEM #17399
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance, in accordance with the
Resolution proposed by Councilman Ervin, amending Chapter 2 of the
Code of the Ci ty of Vi rg in ia Beach , Vi rg inia , by add in g a new section
relating to administration.
Voting: 11-0
Council Members Voting Aye:
John A. BaLrn, 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
- 4 8-
AN ORDINANCE AMENDING CHAPTER
2 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, BY
ADDING A NEW SECTION RELATING
TO ADMINISTRATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
(1) That annually in October of each year the Mayor
and Vice-Mayor shall submit a report to city council evaluating
the performance of its direct appointees, namely, the city
manager, city attorney, clerk of council, city real estate
assessor, and high constable.
(2) That city council shall meet in executive session with
the city manager, city attorney, and clerk of council at the
first regular council meeting of the months of July, October,
January, and April for the purpose of discussing assignments
and performance.
(3) That city council shall meet in executive session with
the city real estate assessor and high constable at the first
regular council meeting of the months of July and January for
the purpose of discussing assignmentsand performance.
(4) Notwithstanding any other provisions of law, beginning
July 1, 1982, the direct appointees of council mentioned in (1)
above shall have their salaries and benefits determined annually
in October by action of city council.
This ordinance shall be effective from date of adoption.
ADOPTED: Ninth day of November 1981
JDB:er
11-3-81
- 4 9-
N E W B U S I N E S S
ITEM II-I.1 ITEM #17400
Upon motion by Councilman Buchanan, seconded by Councilman Baum,
City Council voted to simultaneously advertise the application
of the Greek Orthodox Church for a variance on a parcel of
property located on First Colonial Road for a hearing before
Planning Commission on December 8, 1981, and to be heard by the
City Council on December 14, 1981.
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
- 50 -
ITEM I I- I2 ITEM #17401
Councilman Kitchin advised Council of the newly formed organization the
RESTAURANT ASSOCIATION, and their appointment of Captain Halstead to be
their representative and monitor City Council meetings.
ITEM II-J-1 ITEM #17402
Upon motion by Coun c il man Ervin , seconded by Coun c il man Ba um , Ci ty
Council voted to recess into EXECUTIVE SESSION (3:30 p.m.), for the
p urpose of di scu ss in g Per sonnel Matters , an d to adjo urn the reafter.
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
- 51 -
A D J 0 U R N M E N T
ITEM 11-K.1 ITEM #17403
Upon motion by Councilman Standing, City Council adjourned at 5:40 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges Sfflith, City clerk Ma yo@J .@Hen,<y-M oy ar. D.D.S.
City of Virginia Beach,
Virginia
9 November 1981
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