HomeMy WebLinkAboutOCTOBER 26, 1981 MINUTES
ITEM II F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be,routine by the City Council and will be enacted by
6ne 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. Appointment of Viewers in the application of Bangel-
Kramer Enterprises, Inc. for a petition for the
closure of a portion of Croatan Road and Kerry Lane
(Lynnhaven Borough).
2. Appointment of Viewers in the application of Thomas
C. and Judith C. Kay for a petition for the closure
of a portion of Circle Lane (Lynnhaven Borough).
3. Request of the Commissioner of the Revenue for license
refunds in the amount of $211.25.
4. Ordinance, on SECOND READING, to appropriate funds of
$31,232 for the additional cost of the work performed
to date in the removal of the Second Street Steel Pier.
G. PLANNING ITEMS
1. Application of Monahan-Roenker, Ltd. for a change of
zoning from R-6 Residential Dis r@ict to R-8 Residential
District on a 1.701-acre parcel located on the west
side of Beaufort Avenue, north of Athens Boulevard
(Bayside Borough).
a. Letter from the City Manager transmits the re-
commendation of the Planning Commission for denial.
2. Application of Murphy Oil Corporation for a conditional
use permit for an automobile service station and grocery
store on a .68-acre parcel located on the northeast
corner of Bayside and Diamond Springs Roads (Bayside
Borough).
a. Letter from the City Manager transmits the re-
commendation of the Planning Commission for approval.
3. Application of Candler J. Simonton for a conditional use
permit for an automobile repair facility on two parcels,
totalling .40 acres, located along the northeast and
northwest corners of Ships Lane and Virginia Beach
Boulevard (Lynnhaven Borough).
a. Letter from the City Manager transmits the re-
commendation of the Planning Commission for denial.
4. Application of Lynnhaven Colony Marina Corporation, a
Virginia Corporation, for a conditional use. permit for
the expansion and amendment of a marina on a 1.6-acre
parcel located along the south side of Lynnhaven Drive
(Lynnhaven Borough).
a. Letter from the City Manager transmits the re-
commendation of the Planning Commission for denial.
5. Application of 1002, Incorporated, T/A Holiday Inn, for
a conditional use permit for a parking lot on a .70-acre
parcel located at the northeast corner of 24th Street
and Atlantic Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the re-
conmendation of the Planning Commission for approval.
ITEM II G. PLANNING ITEMS (Cont'd).
6. Application of Linda H. Kaufman and J. Douglas and
Patricia W. Perry for a 'conditional use permit for
a riding academy and horses for hire or boarding on
a 10-acre parcel located north of London Bridge Road,
west of Oceana Boulevard (Princess Anne Borough).
a. Letter from the City Manager transmits the re-
commendation of the Planning Commission for approval.
7. Application of Bruce W. Gallup for a variance to
Section 4.4(a) of the7Subdivision Ordinance which
requires that lot size, width, depth, shape and
orientation, and minimum building setback lines
shall be appropriate for the location of the subdivision
and type of use contemplated. He wishes to subdivide a
.24-acre parcel, located on the south side of 23rd
Street, west of Mediterranean Avenue, in order to
create equal lots for the two dwellings that currently
exist on the parcel (Virginia Beach Borough).
a. Letter from the City Manager transmits the re-
commendation of the Planning Commission for approval.
8. Ordinance to amend and reordain Article 11 of the
Comprehensive Zoning Ordinance pertaining to the
Planned Unit Development Districts.
a. Letter from the City Manager transmits the re-
co@endation of the Planning Connission for approval;
however, by concurrence of members of Council and
request of the City Attorney for further legal review,
this ordinance be deferred for two weeks.
H. ORDINANCES
1. First Readings
a. Ordinance, on FIRST READING, amending Chapter 35,
Article III, Section 35-81 of the Code of the
City of Virginia Beach to provide for an exemption
from the General Retail Sales Tax for unofficial
or propane gas, firewood, coal or home heating
oil used for domestic consumption.
The City Manager recommends approval.
b. Ordinance, on FIRST READING, amend an Ordinance
entitled "An Ordinance authorizing the issuance
of Public Improvement Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $17,000,000"
The City Manager recommends approval.
c. Ordinance, on FIRST READING, appropriating Six
Million Two Hundred Seventy-Five Thousand Dollars
($6,275,000) for various school, engineering and
highway, building, and parks and recreation projects
(Revenue Sharing allocations).
The City Manager recommends approval.
d. Ordinance, on FIRST READING, to acknowledge receipt
of a grant of $170,590 from the Department of
Education, Commonwealth of Virginia to the Virginia
Beach School Board and to appropriate these funds
to the School Capital Projects Funds.
The City Manager recomends approval.
2. General
a. Ordinance to transfer appropriations of $2,000,000
within the Community Development Program for the
Seatack Fire Station.
The City Manager recommends approval.
ITEM II H. ORDINANCES (Cont'd)
2. General (Cont'd)
b. Ordinance amending and reordaining the Deferred
Compensation Plan of the City of Virginia Beach,
Virginia, by substituting "Participant's Estate"
for the "Provisions of Section 6.1" in paragrapb
1.1 and deleting Article VI entitled "Forfeiture".
1. UNFINISHED BUSINESS
J. NEW BUSINESS
K. ADJOURNMENT
Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
26 October 1981
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 Confe ren ce Room, Ci ty Hal 1 Buil din g , on Monday, 26 October
1981 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.,
and Meyera E. Oberndorf
Council Members Absent:
Patrick L. Standing*
ITEM #17304
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
employmen , assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. LEGAL MATTERS: Consultation with legal Counsel or
Bri-efings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body.
2-
Upon motion by Coun c il man Buc ha n an, seconded by Counc il man Hol 1 and ,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 1 0 - 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.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing*
*Councilman Standing entered meeting at 6:00 p.m.
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M A T T E R S B Y T H E C 0 U N C I L
DEPARTMENT OF THE INTERIOR ITEM #17305
Councilman Baum advised Council it was his understanding that the
Department of Interior had extended it's "cut off" date for granting
access to the Outer Banks to those persons who have improved their
1 ot s , an d a sked if Coun c i I was goin g to "take a s tan d on th is matter
The City Manager advised he will prepare for Council's information a
packet concerning this matter.
EVALUATION SCHEDULE ITEM #17306
Councilwoman Henley made reference to the evaluation schedule for
the five Council Appointees.
Mayor McCoy advised Council that the schedule is subject to change,
and if any member of Council had any suggestions or problems please
let him know.
It was noted that the City Attorney would be unable to attend on
the 16th of November, and the City Clerk advised she would "switch"
with him.
The City Manager advised he prepared pamphlets for Council, as per
the request of Councilman Ervin, indicating the job descriptions,
Code Sections, etc., relating to the Appointed Positions.
It was the consensus of Council to hold the evaluations AFTER the
Formal Sessions of City Council.
PERSONNEL MATTER ITEM #17307
Councilwoman Henley requested the Ma.yor provide Council with a report
on the Personnel Matter discussed two weeks ago.
1981 BOARDWALK SURVEY ITEM #17308
Councilman Buchanan asked if in the 1981 Boardwalk Survey would
recommendations be "coming out of that information"?
The City Manager advised Council it was used primarily for advertising
purposes, which will come out of the Advertising Budget.
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GAME ROOMS ITEM #17309
Councilwoman McClanan requested more stringent regulations governing
game rooms.
The City Manager advised he asked the Planning Director to recommend
to the Planning Commission to change the provisions governing game
rooms; and, further advised these should be reviewed by City Council.
USE PERMIT/VARIANCES/AGRICULTURE ITEM #17310
Councilman Baum requested the City Manager to comment on Use Permit
and Subdivision Variances in the Agricultural District5.
The City Manager advised that on October 12, 1981, Jane Bonomo
appeared before Council regarding a variance to Section 4.4(b)
of the Subdivision Ordinance. If the request had been granted
by City Council it would have set a precedence.
The City Manager advised Council that the Planning Department and
the Department of Agriculture will be working together to try to
recognize the unique problems, and forward recommendations to the
Planning Commission and City Council.
GROUNDWATER REPORT ITEM #17311
The City Manager advised Council that the Groundwater Report requested
by Councilman Ervin was in several volumns and will be in his office
if any Member of Council wishes to study the report.
The Director of Public Utilities spoke on this matter.
SOLID WASTE TRANSFER ITEM #17312
The Director of Public Works presented to Council a report on the
proposed Solid Waste Transfer Station, an d ad vi sed a Fea s ib il i ty
Study was prepared by Gilbert and Associates of Virginia, which
was received in November of 1980.
Mr. Lambert f urther advi sed that three (3) 1 ocations were considered:
1. Owls Creek - near the Fire Training Center
2 . Incinerator Site on Laskin Road
3. Qceana Area - near Tol 1 Road
T.he property selected is in the Oceana Area, and is owned by the
Department of Highways and Transportation. The City will have
to obtain a Land Use Permit from the Department of Highways and
Transportation before construction begins.
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PARKING TWENTY-SEVENTH
AND ONE-HALF ST.REET ITEM #17313
The City Manager advised Council of the problems concerning the
request of Idlewhyle Motel regarding no parking on 27.1 Street
in the Virginia Beach Borough.
This matter will be on the FORMAL AGENDA of November 2, 1981.
ORDINANCE GOVERNING BOARDWALK
RESTAURANTS ITEM #17314
The Planning Director presented to Council the proposed Ordinance to
amend and reordain the definition "Accessory Use" in Section 111 of
the Comprehensive Zoning Ordinance of the City of Virginia Beach
pertaining to Definitions, (Boardwalk restaurants, etc.).
This matter will be on the FORMAL AGENDA under NEW BUSINESS.
TRAFFIC ENGINEERING STUDY 17315
The @ity Manager advised Council of the Traffic Engineering Study
on "Origin and Destination" regarding the widening of Wesleyan
Drive, Diamond Springs Road, Baker Road, Newtown Road, which has
been discussed by Council.
TRANSFERS OF BOND FUNDS ITEM #17316
The City Manager advised that several Council Members were concerned
regarding the transfer of Bond funds to pay for Cox High School and
elementary school gymnasiums, and explained that several projects
will have to be delayed to provide the funds for the construction
of the High School (Cox High School).
This matter will be on the FORMAL AGENDA under ORDINANCES.
Mr. Boyer, School Administration, spoke on this matter.
City Council recessed into EXECUTIVE SESSION, (6:55 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
26 October 1981
7:35 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 Horace A. Culpepper
Calvary Baptist Church
PLEDGE OF ALLE GIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #17317
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of the Regular Meeting of
19 October 1981.
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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P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #17318
Mayor McCoy recognized members of WEBELOE Scout Pack #406, (Laurel
Cove, in the Lynnhaven Borough), and Thomas Wilbricht, Scout Master.
R E S 0 L U T I 0 N W A T E R
ITEM II-E.2 ITEM #17319
Mrs. Nancy Creech, President, Virginia Beach Chamber of Commerce,
presented to Council for their consideration a Resolution adopted
by the Chamber of Commerce regarding a futu@e water supply for the
City of Virginia Beach.
WHEREAS, The City of Virginia Beach has, for the past decade and a half,
consistently been ranked as one of the fastest growing Cities
in the United States; and,
WHEREAS, the provision of City services and resources in such an
accelerated growth area always presents management and
budgetary challenges of massive proportion; and,
WHEREAS, the dependence of Virginia Beach on other municipalities and
governmental structures to provide water for our City has been
a situation of long standing; and,
WHEREAS, the drought of 1980-81 has placed strenuous demands on those
municipalities and governmental structures to continue to
provide water supply, treatment and distribution facilities
to the City of Virginia Beach and has raised serious concerns
regarding the ability of those municipalities and governmental
structures to provide an expanding water supply, treatment
and distribution facilities over a long-term basis; and,
WHEREAS, the Water Position Paper of the City of Virginia Beach, dated
Sept mber , 1981, points ou@that by 1993 a major new source
of water supply will have to be brought on line to replace the
current water supply sources; and,
WHEREAS, that same Water Position Paper recommends and outlines the
feasibility of the City of Virginia Beach attempting to reach
a formal agreement with the Appomatox River Water Authority
to provide a major new water supply source for Virginia Beach
if certain criteria can be met; and,
WHEREAS, the Virginia Beach Chamber of Commerce is of the opinion that
such an agreement with the Appomatox River Water Authority is
one of the viable solutions to our City's mid and long-range
water requirements, recognizes, however, that there could be
other viable alternatives which may yet become feasible.
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NOW, THEREFORE, BE IT RESOLV@D, that the Executive Committee of the
Virginia Beach Chamber of Commerce, at the direction and
concurrence of the entire Board of Directors of the Chamber,
-does go on record endorsing and fully supporting the efforts
of the City of Virginia Beach in seeking to reach an agree-
ment with the Appomatox River Water Authority; and,
FURTHER RESOLVED that the s-ame Chamber Executive Committ@e and Board
of Directors commends the City Council of the City of Virginia
Beach for its leadership in this matter. Passed and approved
this First day of October, 1981.
/s/Nancy A. Creech /s/Bill J. Center
Nancy A. Creech Bill J. Center
President Executive Director
By consensu@ of Council this Resolution on Water will be made a part
of this day's,October 26, 1981, proceedings.
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C 0 N S E N T A G E N D A
ITEM II-F.1 ITEM #17320
Upon motion by Councilman Kitchin , seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance for the appointment of Viewers in the
application of Bangel-Kramer Enterprises, Inc., for the petition for
the closure of a portion of Croatan Road and Kerry Lane, in the
Lynnhaven Borough.
V o t i n g1 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
ORDINANCE APPOINTING VIEWERS
WHEREAS, the Bangel-Kramer Enterprises, Inc. has given
due and proper notice, in accordance with the statutes for such
cases made and provided that they will on the 26th day of
October 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 has filed such application with said.
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT 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
1981, whether in their opinion any, and if Any, what
inconvenienc6 would result in the discontinuing and vacating of
portions of that certain street of variable width located in
the City of Virginia Beach, Virginia, and more particularly
described as follows:
PARCEL I
Northern twenty f6et (201) of part of
Croatan Road beginning at a point in the
northern line of Croatan Road at its
intersection with the western line of Kerry
Lane as shown on the plat entitled
"Resubdivision of Part of Croatan Beach"
recorded in the Clerk's Office of the
Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 37 at page 11,
1 2-
and from said point of beginning running N.
740 251 43' W. 776.179 feet to a point;
thence turning and running along an arc
curve to the right having a radius of
101.10 feet an arc distance of 70.228 feet
to a point; thence turning and running S.
271 471 421 W. 44.434 feet to a point;
thence turning and running S. 74' 25' 43"
E. 830.290 feet to a point; thence turning
and running along an arc curve to the left
having a radius of 20 feet an arc distance
of 30.712 feet to the point of beginning
aforesaid.
PARCEL III
Northern Twenty Feet (201) of part of
Croatan Road beginning at a point in the
northern line of Croatan Road and the
eastern line of Kerry Lane as shown on the
aforesaid "Resubdivision of Part of Croatan
Beach" and from said point of beginning
running S. 74* 251 43' E. 500.116 feet to a
point in the Western line of Secotan Road;
thence turning and running along an arc
curve to the right having a radius of
938.37 feet an arc distance of 8.894 feet
to a point; thence running along an arc
curve to the right having a radius of 20
feet an arc distance of 23.031 feet to a
point; thence turning and running N. 74@
251 43' W. 491.866 feet to a point; thence
turning and running along an arc curve to
the right having a radius of 20 feet an arc
distance of 31.416 feet to the point of
beginning aforesaid.
PARCEL III
That dertain crescent shaped portion of the
cul-de-sac at the northern end of Kerry
Lane as shown on the plat, 'Resubdivision
of Part of Croatan Beach', lying adjacent
to Lots 7 and B, on Kerry Lane on the plat
aforesaid.
All the above as shown upon that certain plat entitled,
'Resubdivision of Part of Croatan Beach," which plat is
attached hereto and made a part hereof, a copy of which is
recorded in the Clerk's Office aforesaid, in Map Book 37, at
page
-2-
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ITEM II-F.2 ITEM #17321
Upon motion by Councilman Kitchin, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance for the appointment of Viewers in the application
of Thomas C. and Judith C. Kay for a petition for the closure of a
portion of Circle Lane, in the Lynnhaven Borough.
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
1 4-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Thomas C. Kay and Judith C. Kay have
given due and proper notice in accord with law that they
would, on the day of , 1981, apply to the
City Council of the City of Virginia Beach, Virginia, for
the appointinent of viewers to view the below described
portion of Circle Lane in Lynnhaven Borough, in the City of
Virginia Beach, Virginia, and to report in writing to this
Council whether, in the opinion of said viewers, any, and if
any, what inconven3.ence would result from the
discontinuance, closur6 and abandonment of said portion of
Circle Lane; and whereas such application has been properly
filed with this Council; and whereas all requirements of law
have been met.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia, that C- Oral Lambert
David M. Gr,ochm,al and Robert J. Scott be,
and each of them is hereby appointed to view that certain
portion of Circle Lane adjacent to Lot 9A as shown on the
plat of "Resubdivision of Lots 5-9, Linkhorn Bay
dorporation, Lynnhaven Borough, Virginia Beach, Virginia",
which is recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach in Map Book 88, page 20, and
said viewers shall report in writing to this Council on or
before at 2:00 p.m., whether in their
opinion any, and if any, what inconvenience would result to
the public from the discontinuance, vacation and abandonment
of said portion of Circle Lane.
GROVER C. WRIGEET.,TR.
00@ AT P.Q
1 5-
ITEM I I- F. 3 ITEM #17322
Upon motton by Councilman Kitchin, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the request of the Commissioner of the Revenue for 1 icense
refunds in the amount of $211.25.
Voting: 1 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
1 6-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE -IT 6RDAINED BY THE COUNCIL OF THF CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refu nds, upgn certificatio,
of the Commissioner of the Revenue are hereby approved:
.U.LUENbE DATE
NAME YEAR PAID BASE PENALTY INT. TOTAL
Dick Kelly Enterprises, 1981 7/9/81 5.00 5.00
Va. Part 2 1981 7/9/81 150.00 150.00
4215 E. @eanview Ave. 1981 7/9/81 56.25 56.25
Norfolk,, Va. 23518
5
s to Payment:
Conimission
Approved as to form:
ey
The above abatement(s) totaling $ 2.11..25- were approved by the
douncil of t-he City of Virginia Beach on the 26 day of October
19 81
R.t Ho ge. sra3-t
City Clerk
1 7-
ITEM II-F-4 ITEM #17323
Upon motion by Councilman Kitchin, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance on SECOND READING to appropriate funds of
$31,232 for the additional cost of the work performed to-date in the
removal of the 2nd Street Steel Pier.
Voting: 10-1
Council Members Voting Aye:
John A. BaLEn, 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
1 8-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $31,232 FOR THE ADDIT10NAL COST
OF THE WORK PERFORMED TO DATE IN
THE REMOVAL OF THE 2ND STREET
STEEL PIER
WHEREAS, City Council appropriated funds of $148,812 for
the removal of submerged steel debris and pilings at the former site
of the Virginia Beach Steel Fishing Pier at 2nd Street on the oceanfront,
and
WHEREAS, the contract specifications for this work estimated
the amount of miscellaneous debris to be removed as 30 pieces, and
WHEREAS, to date 294 pieces of misceallaneous debris and
13 pieces of dredge pipe have been removed along with approximately one
half of the pilings, and
WHEREAS, the additional amount of debris has caused delays in
the schedule and increased the cost of the work performed, and
WHEREAS, funds of $31,232 above the origindl contract amount
are needed to satisfy the contractor's activity to date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT funds of $31,232 be appropriated from the General Fund
Balance to the Department of Public Works to cover the additional cost
of the work performed to date in the removal of the 2nd Street Steel
Pier.
This ordinance shall be in effect from the date of its
adoption.
FIRST READING: October 19, 1981
SECOND READTNG: October 26, 1981
ADOPTED: Twc:i
Y7S_i@th- 03y, -Lf October 1 981
GGD:JDB:er AP@ll',C)V@D @-OCO',,ITENT
10-14-81
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P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #17324
Robert Smith, Chesapeake Beach Civic League, appeared in opposition
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of MONAHAN-ROENKER, LTD., for
a Change of Zoning District Classification, as per the following:
Ordinance upon application of Monahan-Roenker Ltd., for a
C'an,e of Zoning District Classification from R-6 Resi-
den ti al District to R-8 Residential District on certain
property located on the West side of Beaufort Avenue
beginning at a point 163.35 feet North of Athens
Boulevard, running a distance of 156 feet along the West
side of Beaufort Avenue, running a distance of 475 feet
along the Northern property line, running a distance of
156 feet along the Western property line and running a
distance of 475 feet along the Southern property line.
Said parcel contains 1.701 acres. BAYSIDE BOROUGH
Voting: 11-0*
Council Members Voting Aye: (for denial)
John A. BaL#n, 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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL
- 20 -
ITEM II-G.2 ITEM #17325
Attorney-Donald H. Rhoads appeared in behalf of the applicant
Upon motion by Councilman Holland, seronded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of MURPHY OIL CORPORATION for
a Conditional Use Permit, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF MURPHY R01081425
OIL CORPORATION FOR A CONDITIONAL USE
PERMIT FOR AN ALfrOMOBILE SERVICE STATION
AND GROCERY STORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Murphy Oil Corporation for a Conditional
Use Permit for an automobile service station and grocery store on
certain property located on the Northeast corner of Bayside Road and
Diamond Springs Road, running a distance of 135.51 feet along the
North side of Bayside Road, running a distance of 240.45 feet along
the Eastern property line, running a distance of 125 feet along the
Northern property line and running a distance of 175 feet along the
East side of Diamond Springs Road. Said @arcel contains .68 acre.
BAYSIDE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Dedication of 15-feet along the frontage on Bayside Road,
30-feet from the center line of the old 30-foot right-of-
way to provide for an ultimate 60-foot right-of-way as per
the Master Street and Highway Plan.
4. Fencing, landscaping and curb-cuts in accordance with the
site plan.
5. Developer shall install standard right-of-way improvements
along this site's frontage on Diamond Springs Road and
Bayside Road, including curb and gutter, sidewalk, drainage
facilities and pavement widening.
6. Provide adequate site drainage, including all necessary
downstream drainage easements and improvements.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of October, 1981.
- 21 -
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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 2-
ITEM II--G.3 ITEM #17326
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of CHANDLER J. SIMONTON for a
Cond i ti onal Use Permit, as per the f ol low ing:
Ordinance upon application of Chandler J. Simonton for a
Conditional Use Permit for an autornobile repair facility on
parcels located on the Northeast and Northwest intersections
of Virginia Beach Boulevard and Ships Lane.
Parcel 1: Located at the Northeast intersection of Virginia
Beach Boulevard and Ships Lane, running a distance
of 85 feet along the North side of Virginia Beach
Boulevard, running a distance of 125 feet along
the Eastern property line, running a distance of
85 feet along the Northern property line and running
a distance of 125 feet along the East side of Ships
Lane.
Parcel 2: Located at the Northwest intersection of Virginia
Beach Boulevard and Ships Lane, running a distance
of 40 feet along the North side of Virginia Beach
Boulevard, running a distance of 175 feet along the
Western property line, running a distance of 40 feet
along the Northern property line and running a
distance of 175 feet along the West side of Ships
Lane. Said parcels contain .40 acre. LYNNHAVEN
BOROUGH.
V o t i n g 11-0
Council Members Voting Aye: (for denial)
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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 3-
ITEM II-G.4 ITEM #17327
Attorney'Frank Willard appeared in behalf of the applicant requesting
iqithdrawal.
Attorney E. T. Caton, III, appeared in opposition
Mrs. Judith Jared was signed up to speak, however, advised that
Attorney Caton had presented her case
Upon motion by Councilman Buchanan, seconded by Councilwoman Ob,.rndorf,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of LYNNHAVEN COLONY MARINA
CORPORATION for a Conditional Use Permit, as per the following:
Ordinance upon application of Lynnhaven Colony Marina
Corporation, a Virginia Corporation, for a Conditional
Use Permit for the expansion and amendment of a marina
on certain property located on the South side of
Lynnhaven Drive and the East side of the Virginia Beach
City Marina, running a distance of 125 feet along the
South side of Lynnhaven Drive, running a distance of 430
feet along the Eastern property line, running a distance
of 155 feet along the Southern property line and running
a distance of 570 feet along the East side of the Virginia
Beach City Marina. Said parcel contains 1.60 acres.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for denial)
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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 24-
ITEM II-G.5 ITEM #17328
Mr. Paul-Burlege appeared in behalf of the application
Upon motion by Councilman Kitchin, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of 1002, INCORPORATED, T/A
HOLIDAY INN, for a Conditional use permit, subject to the recommended
conditions transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF 1002, INCORPORATED R01081426
T/A HOLIDAY INN, FOR A CONDITIONAL USE PERMIT
FOR A PARKING LOT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIN,IA BEACH,
VIRGINIA:
Ordinance upon application of 1002, Incorporated, T/A Holiday
Inn, for a Conditional Use Permit for a parking lot on certain
property located on the NFrthe-ast corner of Atlantic Avenue and
24th Street, running a distance of 205 feet along the East side
of Atlantic Avenue, running a distance of 150 feet along the
Northern property line, running a distance of 205 feet along
the Eastern property line and running a distance of 150 feet
along the North side of 24th Street. Said parcel contains
.70 acre. VIRGINIA BEACH BOROUGH
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. Existing curb-cuts should be utilized.
3. Provide adequate site drainage and all necessary downstream
easements and improvements.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Sixth day of October, 1981.
2 5-
V o t i n g 1 0 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
Ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
F. Reid Ervin
Council Members Absent:
None
2 6-
ITEM II-G.6 ITEM #17329
James A. Tinkum appeared in behalf of Mr. Perry
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of LINDA H. KAUFMAN AND J. DOUGLAS AND
PATRICIA W. PERRY for a Conditional Use Permit, subject to the
recommended conditions transmitted in the City Manager's letter, as
f ollows:
ORDINANCE UPON APPLICATION OF LINDA H. R01081427
KAUFMAN AND J. DOUGLAS AND PATRICIA W.
PERRY FOR A CONDITIONAL USE PERMIT FOR
A RIDING ACADEMY AND HORSES FOR HIRE
OR BOARDING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Linda Kaufman and J. Douglas
and Patricia W. Perry for a Conditional Use Permit for a
riding academy and horses for hire or boarding on certain
property located 2200 feet more or less North of London
Bridge Road beginning at a point 4224 feet more or less
West of Oceana Boulevard, running a distance of 443.01 feet
along the Western property line, running a distance of
1040.13 feet along the Northern property line, running a
distance of 466.66 feet along the Eastern property line
and running a distance of 933.28 feet along the Southern
property line. Said parcel contains 10 acres. PRINCESS
ANNE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth d ay of October, 1981.
2 7 -
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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 28-
ITEM II-G.7 ITEM #1 7330
Bruce W.'Gallup appeared in behalf of his application
Upon motion by Councilman Kitchin, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of BRUCE W. GALLUP for a
Variance to Section 4.4(a) of the Subdivision Ordinance, as follows:
Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision
for Bruce W. Gallup. Property located on the South side of
23rd Street, 45 feet West of Mediterranean Avenue. Plats
with more detailed information are available in the
Department of Planning.
The applicant requests a variance to Section 4.4(a) of the
Subdivision Ordinance which requires that lot size, width,
depth, shape and orientation and minimum building setback
lines shall be appropriate for the location of the sub-
division and type of use contemplated.
The applicant wishes to subdivide the 0.24 acre parcel of
land in order to create equal lots for the two dwellings
that currently exist on the parcel. VIRGINIA BEACH BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baun, 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
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE".
- 2 9-
ITEM II-G.8 ITEM #17331
The City Manager advised that this proposed amendment to the
Comprehensive Zoning Ordinance is intended to revise the concept
of Planned Unit Development. It reclassifies all existing PUD's
as PD-H, but does not change any regulations that pertain to them.
It also establishes a new zoning category, PD-H 2, which is the
center of this proposal. The highlights of this new zoning
category are as follows:
1. It is an overlay district and does not change
the underlying zoning.
2. It does not increase density.
3. It allows flexibility of housing types, lot
sizes, setbacks, etc., in accordance with an
approved land use plan.
4. It does not allow multi-family dwellings in
the R-1 through R-9 Districts.
5. It provides proper guarantees that open space
will remain open in the future and for maintenance
of the open space.
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober,
City Council voted to DEFER UNTIL NOVEMBER 23, 1981, the Ordinance
to amend and reordain Article 11 of the Comprehensive Zoning
Ordinance pertaining to the Planned Unit Development Districts.
This was deferred at the request of the City Attorney.
Voting : I 1 - 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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
30-
TO
ARTICLE 11
OF THE C014PREHENSIVE ZONING ORDINAt4CE
PERTAINING TO THE PLANNED UNIT DEVELOPMENT DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OFFVIRGINIA BEACH, VIRGINIA:
That Article 11, Planned Unit Development District, of the C.Z.O. is amended
and reordained as follows:
1100. General Legislative Intent
The intent of this Article is to encourage a more efficient use of land
and of public services by allowing under certain circumstances a more
flexible means of land development than is otherwise permissible under
lot-by-lot restrictions. In view of the substantial public advantages of
planned unit development, it is the intent of this Article to promote and
encourage development in this form where appropriate in location and
character. It is the intent to recognize those areas currently developed,
being developed, or proposed for development under Planned Unit Development
Regulations as zoned PD-HL. It is not the intent to create additional
PD-HI Districts, or to enlarge the limits of existing PD-HL Districts.. It
is the intent to encourage additional planned unit developments through
regulation by the PD-H2 District in order to encourage planned unit develop-
ments as a means of creating an improved living environment through unified
planning, land design and building operations, to encourage variety in
housing needed to meet changing housing demands and to provide adequate
community facilities, to protect the natural beauty of the landscape, to
encourage preservation and more efficient use of open space, to offer an@
opportunity for design flexibility and encourage innovations to allow for
lower long term municipal maintenance costs, and to take full advantage
of passive solar energy resources.
A. PD-HL Planned Unit Development District
ilic. Land Use Regulation
(a) The land use plan approved by City Council, or as modified,
for each planned unit development project shall govern the
development, and all land uses shall be in accordance with it.
(b) Modifications to the land use plan by.City Council shall be in
the manner of a zoning change.
(c) Within a PD-HL District, all of the principal uses and structures
permitted within an A-1 Apartment District other than hospitals
and sanitariums, together with the following enumerated uses
and structures, shall be permitted:
Fraternity and sorority houses, student dormitories
and student centers;
(2) Homes for the aaed, disabled or handicapped, including
convalescent or nursing homes and maternity homes;
117.
- 31 -
3 t@,ari nas
(4) Private clubs or social centers, provided that
clubs where conduct of commercial affairs is a
principal activity shall not be permitted.
(d) Other uses may be permitted if specifically approved as part
of the plan, provided that the areas and structures occupied
shall be so located and designed as to protect the character
of the district and the character of the surrounding property
and shall not in combination occupy more than five (5) per-
cent of the land area of the district, and provided further
that convenience establishments and shopping centers shall
be subject to additional requirements as herein specified:
(1) Commercial areas of less than three (3) acres.
(i) Such establishments and their parking
areas shall not occupy more than two
and one-half (2.5) percent of the land
area of the development.
(ii) Such establishments shall be limited to
trade and service facilities such as
stores, eating and.drinking establish-
ments (except drive-in), coin operated
laundry and dry cleaning establishments
and laundry and dry cleaning agencies,
beauty shops and barber shops. How-
ever, service stations and repair gar-
ages shall not be permitted as conven-
ience establishments.
(iii) Such establishments shall be so located,
designed and operated as to serve primarily
the needs of persons within the district
and not oersons residing elsewhere.
(iv) Off-street parking and loading require-
ments shall be determined by the Planning
Director as appropriate to the particular
case based upon the types of convenience
establishments permitted and the antici-
pated proportion of walk-in trade. Multi-
ple use of off-street parking and service
areas and accessways for convenience estab-
lishments may be permitted, if such multi-
ple use will not lead to congestion or
the creation of hazards to pedestrian
or vehicular traffic.
(v) No building permit for any convenience
establishment shall be issued nor may any
building be used for a convenience estab-
lishment before building permits for at
least one hundred (100) dwelling units
within a radius of 1,000 feet of the pro-
posed establish@nt have been issued.
118.
3 2-
(2) Cornercial areas of three (3) acres or more.
(i) Such centers shall be included as an in-
tergral part of the PD-HI District.
(ii) Such centers shall have direct access to
no less than a secondary street and shall
be located and designed without creating
congestion or traffic hazards on any
street.
(iii) D6sign of parking and service areas, en-
trances, exits, yards, courts and land-
scaping, shall preserve the residential
character of t6e PD-HL District and of
any adjoining residential district.
(iv) Shopping center parking and service areas
and accessways may serve other non-resi-
dential uses in the vicinity, if such
multiple use will not lead to congestion
or the creation of hazards to pedestrian
or vehicular traffic.
(v) No building permit for any shopping cen-
ter shall be issued prior to construction
of at least 250 dwelling units in the Plan-
ned Development - Housing District.
(vi) Offstreet parking requirements shall be
as specified in the B-2 District.
iiii. Density Requirements
The maximum density per gross acre shall not exceed four and one-fourth
(4.25) units per acre.
1112. Housing Requirements
In order to create a diversified, interesting and attractive comple-
ment to the city and provide visual satisfaction to the general pub-
lic as well as to offer varying living opportunities to future resi-
dents, the following housing restrictions shall apply:
(a) Dwellings, sinale family. A variety of lot sizes and
dwelling types is desirable. Single family dwellings
shall comprise at least forty-five (45) percent of the
housing units.
(b) Remaining property devoted to housing shall be divided
awng at least two (2) other housing types, among which
my be:
119.
3 3-
Duplex;
(2) Townhouses;
(3) Multiple family;
(4) Semi-detached.
B. PD-H2 Planned Unit Development District
1120. Application
Procedures for application for a change Of zoning to PD-H2 District
shall be the same as for all other zoning categories. In addition
to information otherwise required by this ordinance, there shall
also be included with the application a proposed PD-H2 Land Use
Plan as well as such additional supplementary information as nec-
essary to satisfy the conditions of this chapter. PD-H2,Districts
may be established only in existing residential or apartment dis-
tricts subject to the general requirements and according to the ;
procedure specified herein. Where the land use prodosal calls for
open space to be owned or maintained bv any private@ entity, then
a petition for change of zoning to P-1 on such land shall accom-
pany this petition. As an exception to Section 107(g), there
shall be no fee char-ced for such a rezoning petition to P-1, and
as an exception to Section 302(a), the minimum lot size require-
ment of five (5) acres in the P-1 District shall not apply as it
pertains to the rezoning of this land.
1121. Minimum Tract Size
The minimum tract size for PD-H2 development shall be five (5)
acres.
1122. PD-H2 Land Use Plan
The proposed land use plan shall include the following:
(a) Location of proposed streets;
(b) Proposed number of dwelling units;
(c) Total acreage of the site;
(d) Proposed housing types, location of areas devoted to
each housing type, acreage and number of units for each
such area, and the minimum lot size proposed for each
area and housing type;
(e) Location and nature of other proposed uses;
(f) Location of proposed open spaces and recreational
areas and means of maintenance of such;
120.
3 4-
(9) General rules govei-ning the heiaht, setback require-
ments, off-street parking requirements and sign re-
strictions for each area within the Droject.
When adopted, the PD-H2 La'nd Use Plan shall serve as a supplement
to and, where appropriate, as a replacement for, the zoning requ-
latiDns of the underlying district.
1123. Allowed Uses
Within the PD-H2 District, only the following uses and structures
shall be pennitted:
(a) Principal uses and structures,
(1) Dwelling units of the types specified in the
land use plan. However, multiple family
dwellinas shall not be allowed unless the
zoning of the underlying district allows
them as a principal use;
(2) Public buildings, structures, and other public
uses;
(3) Recreational facilities of the type described
in the plan;
(4) Child care education centers, in connection with
public or private elementary schools or churches;
(5) Day care centers;
(6) Public utilities installations and substations;
provided offices or storage or maintenance facili-
ties shall not be permitted; and provided, further,
that utilities substations, other than individual
transformers, shall be surrounded by a wall, solid
except for entrances and exits, or by a fence
with a screening hedge five (5) to six (6) feet
in height; and provided also, transformer vaults
for underground utilities and like uses shall re-
quire only a landscaoed screening hedge, solid
except for access opening.
(b) Accessory Uses
Uses which are customarily accessory and clearly inci-
dental and subordinate to the principal use shall be
allowed as accessory use.
(c) Conditional Uses'
(1) Churches;
(2) Family care homes, foster homes, and group homes;
(3) Home occupations.
121.
3 5-
I 1 2-' ')d Iers @ ty
Housing types and dlnsity for the varic)us areas within the PD-H2
project shall be as specified on the Land Use Plan. However, the
overall density for the PD-H2 project shall not exceed that which
could be achieved with conventional subdivision in the underlying
district, or that indicated in the following table, whichever is
greater:
nderl in Zonin District Density (Dwelli
R-1 .8
R-2 1.1
R-3 1.7
R-4 2.25
R-5 3.0
R-6 3.5
R-7 6.0
R-8 6.0
R-9 9.0
A-1 12.0
A-2 18.0
A-3 24.0
A-4 36.0
The overall area of the PD-H2 project shall be construed as in-
cluding any areas rezoned to P-1 in conjunction with the project.
1125. Open Space and Recreation Areas
I-laihtenance and ownership of open space and recreational areas in
the PD-H2 District shall be as specified in the land use plan or in
the accompanying documents, and shall consist of one of the follow-
ing:
(a) Homeowners Association
If a homeowners association is to assume ownership
of the open space, then it shall bear all responsibility
for maintenance of the land and all structures thereon.
All landowners in the PD-H2 District shall be members
of the homeowners association. There shall be restric-
tive covenants recorded which prohibit use of the sub-
ject land for any purpose but recreation and open space
use. Such covenants shall run with the land and be in
full force and effect for a period of at least fifty
years. These covenants shall become part of the deed
to each lot or parcel within the development. Such
covenants shall be approved by the City Attorney and
recorded before the @irst building permit in the pro-
ject is issued. A rezoning petition to P-1 Preserva-
tion District shall be filed simultaneously with the
rezoning petition to PD-H2, and shall cover all land
to be owned and maintained by the homeowners associa-
tion.
122.
3 6-
(b) DL-dication to the City
The open space may be dedicated to the City, but only
upon the concurrence of the city Council. If the
dedication is accepted the open space shall be main-
tained by the City, an@ shall be made available for
use by all the residents of the City of Virginia
Beach.
(c) Ownership by Other Public or Private Entity.
Ownership of the open space may be by another public or
private entity. In this event, a rezoning petition to
P-1 Preservation District shall be filed imultaneoalsly
with the rezoning petition to PD-H2, and Shall cover all
land to be owned and maintained by the subject entity.
Such entity shall be responsible for all maintenance
of the open space, and shall make the use and enjoyment
of the open spacl, available to all residents of the
PD-H2 project. Additionally, restrictive covenants as
in (a) above shall be filed prohibiting the use of the
subject land for any purpose but recreation and open
space use.
Use of the open space shall in all cases be limited to those
public or private uses specified for the land at the time of
approval of the PD-H2 Land Use Plan.
1126. Changes to Approved Plan
Any major changes to housing type, density, allowed uses, or loca-
ti on of any of the elements shall require an amendment to the PD-H2
an. Such amendment shall be adproved only in the man-
Land Use PI
ner of approval of the original land use plan. Any minor changes
may be made by the Planning Director.
123.
3 7-
0 R D I N A N C E S F I R S T R E A D I N G
ITEM II-H.I.a ITEM #17332
Upon motion by Coun c il man Stan din g , seconded by Vice Mayor He i schober,
Ci ty Coun c il voted to up hold the recommen dation of the Ci ty Manag er an d
ADOPT the Ordinance on FIRST READING amending Chapter 35, Article III '
Secti on 35-81 of the Code of the C i ty of V irg in ia Beach to provi de f or
an exemption f rom the Genera l Re ta i 1 Sal es Tax for unoffic ial or
propane gas, f i rewood , coal or home heatin g oil used for domestic
consumption.
Vot ing 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 Patric k L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
*COUNCILMAN ERVIN VOICED A VERBAL "AYE"
38-
Requested by: City Manager/Finance
AN ORDINANCE AMENDING CHAPTER 35,
ARTICLE III, SECTION 35-81, OF THE
CODE OF THE CITY OF VIRGINIA BEACH
TO PROVIDE FOR AN EXEMPTION FROM
THE GENERAL RETAIL SALES TAX FOR
UNOFFICIAL OR PROPANE GAS, FIREWOOD
COAL OR HOME HEATING OIL USED FOR
DOMESTIC CONSUMPTION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-81 is hereby amended and reordained as
f ol 1 ows
ARTICLE III
RETAIL SALES TAX
Section 35-81. Levied; rate; price brackets; no discount.
There is hereby levied and imposed, in addition to all
other taxes and fees of every kind now imposed, a general retail
sales tax at the rate of one percent to provide revenue for the
general fund of the City. The rate of tax shall be added to the
rate of the retail sales tax imposed by Chapter 8.1 of Title 58
of the Code of Virginia, (Virginia Retail Sales and Use Tax) and
such tax shall be subject to all of the Orovisions of such Chapter
and all amendments thereof and the rules and regulations published
with respect thereto, except that the applicable brackets of prices
shall be as prescribed in Sections 58-441.50 and 58-441.51 of the
Code of Virginia for the combined tax, and except that no discount
under Section 58-441.25 of the Code of Virginia shall be allowed
on the tax levied by this Section. This tax shall not apply to
artificial or propane gas, firewood, coal or home heating oil
used for domestic consumption as defined in Section 58-441.6(gl)
of the Code of Virginia.
This Ordinance shall be effective on December 1, 1981.
FIRST READING: October 26, 1981
SECOND READING:
- 3 9 -
ITEM II-H.l.b ITEM #17333
Upon motion by Councilman Standing, seconded by Councilman Holland,
Ci ty Coun c il voted to up hold the recommen dation of the C i ty Manage r
and ADOPT on FIRST READING the Ordinance to amend the Ordinance
en ti tl ed "An Ordinance authorizing the issuance of Public Improve -
ment Bonds of the City of Virginia Beach, Virginia, in the maximum
amount of $17,000,000.
Councilman Standing suggested City Council invite the Chairman of
the School Board to discuss this matter.
By consensus of City Council , Mayor McCoy is to invite the Chairman
of the School Board for an INFORMAL BRIEFING SESSION on Monday,
November 16, 1981, at 11:00 a.m.
V o t i n g 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
*Councilman Ervin advised that as a matter of policy for the Council,
when dealing with Capital Outlay Projects,whether funded by Bonds or
some other source, can City Council get an understanding from the
School Board that they will concentrate bn building classrooms and
absolutely essential buildings for the present.
- 40 -
REQUESTED BY: CITY MANAGER/FINANCE
AN ORDINANCE AMENDING AN ORDINANCE
ENTITLED "AN ORDINANCE AUTHORIZING
THE ISSUANCE OF PUBLIC IMPROVEMENT
BONDS OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, IN THE MAXIMUM AMOUNT
OF $17,000,000"
WHEREAS, the Council of the City of Virginia Beach,
Virginia, adopted an Ordinance on April 6, 1981, entitled "An
Ordinance Authorizing the Issuance of Public Improvement Bonds
of the Ci ty of Vi rgin ia Beach , Vi rg in ia , in the Maximum Amount
of $17,000,000" to finance various public facilities and
improvements; and,
WHEREAS, subsequent developments have made it desirable
to revise the dollar amounts of three of the five purposes stated
in Section 2 of the Ordinance.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Ordinance adopted by the Council on April 6,
1981, entitled "An Ordinance Authorizing the Issuance of Public
Improvement Bonds of the City of Virginia Beach, Virginia, in the
Maximum amount of $17,000,000" is hereby amended to substitute the
following Statement of Purposes in Section 2 thereof:
School projects, including planning
site acquisition and improvement,
construction, enlargement, renovation
and equipping of schools and related
facilities $9,680,000
Engineering and Highway projects,
including right-of-way acquisition,
improvement and extension of streets
and highways, studies, design and
construction of drainage systems and
related facilities and planning, site
acquisition and construction of surface.
parking facilities 3, 1 54 O 3 5
Building projects, including planning,
site acquisition and improvement,
construction, enlargement, renovation
and equipping of various municipal
buildings and facilities, including
Circuit Court Clerk's Office, City
Garage, Fire Station, Central Library,
Marine Science Museum, Visitors'
Information Center, Health Department
Landfill Expansion and Refuse Transfer
Station 3 , 91 5 , 96"5
- 4 1 -
Parks and Recreation Projects, including
planning, site acquisition and development
of new parks 50,000
Water utility project for drilling
emergency deep wells 200,000
TOTAL $17,000,000
2. Except to the extent amended hereby, the Ordinance
is hereby ratified and confirmed.
3. This Ordinance shall take effect immediately.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 981
FIRST READING: October 26, 1981
SECOND READING:
- 4 2-
ITEM II-H.l.c ITEM #17334(a)
Mr. John'Williams appeared in opposition to proposed widening of
Newtown Road Extended.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council voted to REMOVE item 3-905, (Central Library) from the
Revenue Sharing Package and ADOPT the remainder in the Ordinance
appropriating Six Million Two Hundred Seventy Five Thousand Dollars
($6,275,000), for various school, engineering and highway, building,
and parks and recreation projects (Revenue Sharing Allocations)
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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE"
4 3 -
REQUESTED BY: CITY MANAGER
AN ORDINANCE APPROPRIATING SIX MILLION
TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS
($6,275,000) FOR VARIOUS SCHOOL,ENGINEERING
AND HIGHWAY, BUILDING, AND PARKS AND RECREATION
PROJECTS (REVENUE SHARING ALLOCATION)
WHEREAS, City Council desires to provide needed school,
en g i neer in g an d h ighway , bu il d in g , and par ks and rec reation project s
for the citizens of Virginia Beach; and,
WHEREAS, it is anticipated that the City will receive from
Federal Revenue Sharing $6,275,000 for the Thirteenth Entitlement
P e r i o d .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That funds to be made a va i 1 abl e under the Re ven ue Sharin g
Program (State and Local Fiscal Assistance Act of 1973, amended), for
the period October 1, 1981 through September 30, 1982 be appropriated
for the purposes as indicated below.
School s $1 l 0 0 , 0 0 0
Engineering and Highways 2,951,000
B u i 1 d i n g s 2 O 61 , 00 0
Parks and Recreation 163,000
Total $6,275,000
This Ordinance shall be in effect from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia , on the day of 1 981
FIRST READING: October 26, 1981
SECOND READING:
I 0 26 /81
4 4-
ITEM #1 7334 (b
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to hold in reserve Revenue Sharing Funds for the
Central Library and direct the City Manager to consult with the
Library Board to determine their needs, come back to Council with
that mutual understanding. After a site is selected, and a cost
is known, the Council will then take action on the Central Library.
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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
4 5-
ITEM II-H.I.d ITEM #17335
Upon motion by Counc il man Hol I and , seconded by Counc il woman Henley,
Ci ty Coun c il voted to uphol d the re c ommen dation of the 'C i ty Manage r
and ADOPT ON FIRST READING the Ordinance to acknowledge receipt of
a Grant of $170,590 from the Department of Education, Commonwealth
of Virginia to the Virginia Beach School Board and to appropriate
these funds to the School Capital Projects Funds.
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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
46
AN ORDINANCE TO ACKNOWLEDGE RECEIPT
OF A GRANT OF $170,590 FROM THE
DEPARTMENT OF EDUCATION, COMMONWEALTH
OF VIRGINIA TO THE VIRGINIA BEACH
SCHOOL BOARD AND TO APPROPRIATE THESE
FUNDS TO THE SCHOOL CAPITAL PROJECTS FUND
WHEREAS, the Virginia Beach School Board received a
Gran t to ta l in g $1 70, 590 from the State Depar tment of Ed ucation
under Title VI-B Public Law 94-142; and,
WHEREAS, these funds were to be used for the Career
Development Center, however, the project is complete; and,
WHEREAS, it is the desire of the School Board to use
these funds for other school projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT funds of $170,590 be appropriated to the School
Capital Projects Fund and that estimated revenues from the
Commonweal th of Vi rgin ia be in creased by $1 70 , 590 to f in ance the
appropriation.
THIS Ordinance shall be in effect from date of,its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 981
FIRST READING: October 26, 1981
SECOND READING:
- 4 7-
ITEM II-H.2.a ITEM #17336
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to transfer appropriations of $200,000 within the
Community Development Program for the Seatack Fire Station.
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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
48-
REQUESTED BY: CITY MANAGER
AN ORDINANCE TO TRANSFER
APPROPRIATIONS OF $200,000
WITHIN THE COMMUNITY DEVELOPMENT
PROGRAM FOR THE SEATACK FIRE STATION
WHEREAS, the need exists for relocating the Seatack Fire
Station; and,
WHEREAS, the State Office of Housing and Urban Development
has approved as a project eligible for Community Development Funding
the construction of a new f ire stat ion in Seatack ; and,
WHEREAS, the allocation of these funds to build th,e
new fire station will not eliminate any existing Community Development
Project.
NOW, THERE FORE , BE IT ORDAINED BY THE COUNCIL OF,,, THE C IT Y
OF VIRGINIA BEACH, VIRGINIA:
THAT funds of $200,000 be transferred from the Seatack
Street project to the Seatack Fire Station Project.
THIS Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virq,inia Beach,
Virginia, on the Twenty-Sixth day of October, 1981.
- 4 9-
ITEM II - H. 2. b ITEM #17337
Upon motion by Vice Mayor Heischober, seconded by Councilman Kitchin,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance amending and reordaining the Deferred
Compensation Plan of the City of Virginia Beach, Virginia, by
substituting "Participant's Estate" for the "Provisions of Section
6.1" in Paragraph 1.1 and deleting Article VI entitled "Forfeiture".
V o t i n g : I 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, Ill, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 50 -
REQUESTED BY: CITY MANAGER/FINANCE
AN ORDINANCE AMENDING AND REORDAINING THE
DEFERRED COMPENSATION PLAN OF THE CITY OF
VIRGINIA BEACH, VIRGINIA BY SUBSTITUTING
"PARTICIPANT'S ESTATE" FOR "PROVISIONS OF
SECTION 6.1" IN PARAGRAPH 1.1 AND
DELETING ARTICLE VI ENTITLED "FORFEITURE'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6.1, Paragraph 1.1 and Article IV entitled
Forfeiture of the beferred Compensation Plan of the City of
Virginia Beach, Virginia are hereby Amended and Reordained as
follows:
ARTICLE I
DEFINITIONS
As used in,this Plan, the following words and phrases
shall have the meanings set forth below, unless the context
clearly indicates otherwise. Any words herein used in the
masculine shall be read and construed in the feminine where they
would so apply. Wotds in the singular shall be read and
construed in the plural where they would so apply.
1.1 Beneficiary: The person or persons designated in
writing by the Participant in the form provided by the Plan
Administrator or if (i) no such person is designated, (ii) all
such persons predecease the Participant, or (iii) the Plan
Administrator is unable for a period of one (1) year to locate
the designated beneficiary, the Participant's spouse'followed by
the Participant's descendents, per stirpes, followed by the
Participant's parents and lastly pursuant to tbe
seet@n-674 participant's estate.
ARTle-bB-Vi
FGRFBlq?URB
51-
ARTICLE Vii VI
MISCELLANEOUS
47+ 6.1 Effective Date: The effective date of this
Plan shall be February 1, 1981. Nothing contained herein shall
apply to a Participant's taxable year beginning before January 1,
1981.
@72 6.2 Construction and Interpretation: This Plan
shall be construed and interpreted in accordance with the laws of
the Commonwealth of Virginia, except to the extent the Internal
Revenue Code of 1954, as amended, may control for purposes of
eliqibility.
@73 6.3 Severability: The provisions of this Plan
shall be deemed to be severable. In the event any provision of
this Plan shall be held invalid by a court of competent
jurisdiction, the surviving provisions of this Plan shall remain
valid and enforceable according to their terms.
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 26 day of October 1981.
A-Vpp,oVZ@l- AS C) CO@.TENT
JDB/er/re
10/6/81
(1981)
-2-
- 5 2-
N E W B U S I N E S S
ITEM II-J.1 ITEM #17338
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to PERMIT dual advertising for the proposed
Ordinance governing Boardwalk Restaurants, for hearing by City
Council on November 23, 1 981 .
Voting 1 1 - 0
Council Members Voting Aye:
John A. Baun, 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., Meyera E. Oberndorf,* and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN BUCHANANA VOICED A VERBAL "AYE"
*COUNCILMAN ERVIN VOICED A VERBAL "AYE"
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE"
- 53-
ITEM #17339
Upon motion by Coun c il man Hol I an d , seconded by Counc il man Baum, Ci ty
Council voted to RECESS into EXECUTIVE SESSION (9:25 p.m.), for the
purpose of discussing a Personnel Matter and to adjourn thereafter.
V o t i n 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., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL
54-
A D J 0 U R N M E N T
ITE@i II-K.1 ITEM #17340
Upon motion by Councilman Holland, City Council adjourned at 9:50 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges'Smith, City Clerk M@orI J. Hen YUMCCOY, ).D.S.
City of Virginia Beach,
V i r g i n i a
26 October 1981
dmh/asd