HomeMy WebLinkAboutSEPTEMBER 28, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY McCOY JR., D.D.S., B.-gh
VICE-MAYOR IIAROLD HEISCROBER, A, L.,g,
JOHN A. BAUM, BI-A..,,, B...gb
E. T. BUCHANAN, Ly..b--- 8-@-8b
F. REID ERVIN. A, L.,gl
BARBARA M. HENLEY, P-g. B...gb
CLARENCE A. HOLLAND, M.D., B.y.id. B...gb
W. H. KITCHIN, Ill, Vigi.i. B ... b B.@.gh
REBAS.M@CLANAN,P@ ..... A... B.@.gh
AIEYERA E. OBERNDORF, Al L.,g, 212 C17'Y HALL BUILDING
PATRICK L. STANDING, A, L.,g, MUNICIPAL CENRER
VIRGINIA BEAC)I. VIRGINIA 234;6
RUTH HODGES SMITH, Cily Cl.,k (804) 427-4303
CITY COUNCIL AGENDA
September 28, 1981
ITE24 I INFORMAL SESSION: 5:30 p.m.
A. CALL TO ORDER Mayor J. Henry McCoy, Jr., D-D-S-
B. ROLL CALL CF CC)UNCIL
C. MOTION To RECESS INTO INFORMAL/EXECUTIVE SESSTON
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. matters for discussion by Council.
3. Presentation by Mr. Robert Hale of Cox Cable: Discussion of
status of cable operations in the city.
4. Comprehensive Plan: Discussion by Mr. Robert Scott, Director
of the Department of Planning, regarding possible updating of
Plan.
5. Seashore State Park: Discussion of possibility of keeping
Park open past October 1-
6. Bus Route from Leigh Memorial Hospital to Tide er Community
@llege: Discussion of possibility of implementing this route.
7. Purchase of American Versus Foreign-Made Vehicles for City Use:
Discjassion.
B. Change of Hunting Line at Red Mill Farm: Discussion.
ITEM 11 FORMAL SESSION: 7-.00 p.m.
A. INVOCATION: Father James Dorson
Holy Family Catholic 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 September 14, 1981.
E. RESOLUTIONS
1. Resolution of Appreciation
a. Eileen X. Ayvazian
b. Officer M. G. Mustin and LoBo
2. Resolution to initiate the review and action on the Burton
Station Community Plan and specific rezonings.
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separate discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.
1. Extension of sewer service to the south side of Laskin Road -
between Winwood and Nevan Road as a 51% type project. Funds
are available for this project under CIP Project #6-316.
2. Ambulance Permits (in accordance with Chapter 39, Section 39-2
of the City Code):
a. Virginia Beach Ambulance Service, Inc. t/a Eastern Virginia
Ambulance Service
b. Med-Tran, Inc.
c. City Ambulance Service, Inc.
d. Paramedical Rescue Services
e. Children's Hospital of the Kings Daughters
f. City of Chesapeake Division of Fire
3. Bingo/Raffle Permits:
a. Application of Poseidia Institute, Inc., for 4 raffle
permit. This application was deferred for two weeks
on September 14, 1981.
b. Virginia Beach Skating Club Bingo/Raffle
The Garden Club of Pembroke Manor Raffle
ITEM II F. CONSENT AGENDA (continued)
4. Ordinance, on SECOND READING, to amend and reordain Section
9 of the Ordinance making appropriations for the Fiscal
Year beginning July 1, 1981, and ending June 30, 1982, to
change the mileage allowance to conform with the State.
5. Ordinance, on SECOND READING, to appropriate $2,188,593,
for Fiscal Year 1982 for the payment of purchase orders
brought forward from Fiscal 1981.
G. PLANNING ITEMS
1. Deferred Items
a. Application of Concordia for a change of
zoning from &-l to
t on an 11.8-acre parcel;
AND, a change of zoning from i-_l to L--2
ggMMI&v-Bugingsa on a 1.7-acre parcel;
AND, a change of zoning from @ Community-Busiriess
to @ on a 1.65-acre parcel. This
site is located north of Virginia Reach Boulevard and east
of Davis Street (Bayside Borough).
This application was deferred on Aucjust 17, 1981 to September
21, 1981 and rescheduled to September 28, 1981.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for
THE APPLICANT HAS REQUESTED WITHDRAWAL OF THIS APPLICATION.
2. New Items
a. Application of Mukesh for a change of zoning from L-_7
to @4 on a
.171-acre parcel located on the southeast corner of Norfolk
Avenue and Arctic Avenue, west of Lake Holly (Virginia Beach
Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for
b. Application of h for
a change of zoning from 2-5
to @l on a 2.9-acre
parcel located on the north side of Potters Road, east of
London Bridge Creek (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Cormaission for
ITEM II G. PLANNIIG ITEMS (continued)
2. New Items (continued)
c. Application of D= Associates I, a Virginia General Part-
nership, for a change of zoning from " Residential
to A-1 District on a 1.6-acre parcel lo-
cated alon7g the west side of Thompkins Lane (Kempeville
Borough).
1. Letter from the City Manager tran@ts the recommendation
of the Planning Commission for
d. Application of SuDT>lv for a conditional use permit for
a retail ianitorial on a .48-acre parcel located at
the southeast corner of 19th Street and Cypress Avenue
(Virginia Beach Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for at)nroval.
e. Application of L.. @d Sarah L._ , @., for a
conditional use permit for a on a .114-acre parcel
located at the southwest corner of 16th Street and Medi-
terranean Avenue (Virginia Beach Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Comdssion for
f. Application of for a conditional,
use permit for a dormitory on an 11-acre parcel lo-
cated along the west side of Whitehurst Landing Road (Yemps-
ville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for
g. Application of @. @ @. A.- i.- for a conditional
use permit for a L= (babysittina) on a .19-
acre parcel located along the south side of War Admiral Road
(Yempsville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for
h. Application of L. Ellis for a conditional use
permit for a church on a .75-acre parcel located at the
southwest corner of Princess Anne Road and Citation Drive
(Kempsville Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
ITEM II G. PLANNING ITEMS (continued)
2. New Items (continued)
i. Application of for a conditional use permit
for a on a
1.947-acre parcel located within an existing office complex
on the north side of Haygood Road, west of Twain Lane (Bay-
side Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Cormnission for approval.
j. Application of for a conditional
use permit for a on a .14-acre parcel located
on the west side of Declaration Avenue, north of the inter-
section of Hinsdale Street (Bayside Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for
k. Application of for a to Section 4.4(b)
and 4.4(d) of the Subdivision Ordinance which requires lot di-
mensions to conform to the Comprehensive Zoning Ordinance and
that all lots created have direct access to a public street.
He wishes to subdivide approximately one acre out of a larger
tract of about 2.72 acres of Lot 2 of the Linkhorn Point Sub-
division.
1. Letter from the City Manager tranBMitS the reco=nendation
of the Planning Commission for
1. Application of L@ for a to Section 4.4(b)
of the Subdivision Ordinance which requires lot dimensions to
conform to the Comprehensive Zoning Ordinance. He wishes to
subdivide an approximately 13,350 square foot site, located at
the northwest intersection of Reagan Avenue and Shagbark Road,
into two lots.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for
M. Ordinance to amend and reordain the Comprehensive Plan dated
October 15, 1979 regarding rezoning applications. This Ordi-
nance was deferred until September 14, 1981, on August 24,
1981, and until today on September 14, 1981.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for
n. Ordinance to amend and reordain Article 1, Section 111 of the
CZO pertaining to definition of college or university housing;
AND, an Ordinance to amend and reordain Article 5, Section
501(c)(6) of the CZO pertaining to use regulations for college
or university housing.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval; however, the City
Manager does not recommend approval of these ordinances
and recommends this matter be referred to the City Attorney.
ITEM II H. O)WINANCES
1. City Code Amendments
a. Ordinance to amend and reordain Section 35-114 and 35-115
of the Code of the City of Virginia Beach @taining to
tax on purchasers of utility services. This Ordinance
was deferred until today on September 14, 1981.
b. Ordinance to amend and reordain Section 35-64 of the Code
of the City of Virginia Beach, pertaining to real estate
tax exernption for certain elderly and handicapped persons.
c. Ordinance to amend and reordain Section 22-152 of the Code
of the City of Virginia Beach, pertaining to parking mater
enforcement;
4
AND, an Ordinance to amend Section 21-364 and 21-405 of the
Code of the City of Virginia Beach, pertaining to general
parking prohibitions.
d. Ordinance to amend and reordain Chapter 12 of the Code of
the City of Virginia Beach by adding thereto an Article IV
pertaining to smoke detectors.
I. UNFINISHED BUSINESS
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 28, 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.,
the Conference Room, City Hall Building, on Monday, September 28,
1981, at Five-Thirty in the evening
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, 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:
Vice Mayor Harold Heischober,% and Meyera E. Oberndorf
ITEM #17163
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. Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries,
disciplining or resignation of public officers, appointees
or employees. (PERSONNEL MATTERS).
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or of the
disposition of publicly held property or of plans for the
future of an institution which could affect the value of
property owned or desirable for ownership by such institution.
(PUBLICLY HELD PROPERTY).
3. Consultation with legal Counsel and briefings by staff
members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (LEGAL MATTERS).
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Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baur% E. T. Buchanan, F. Reid Ervin, Barbara
M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
D.D.S., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober*, and Meyera E. Oberndorf
*VICE MAYOR HEISCHOBER ENTERED MEETING AT 5:35 p.m.
**COUNCILWOMAN OBERNDORF IS OBSERVING HIGH HOLY DAYS OF ROSH HASHANA
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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
FUEL OIL COMPANIES ITEM #17164
Councilman Baum made reference to a telephone call he received
from a fuel oil dealer concerning the one-percent(I-7,)tax on
fuel oil. The gentleman requested an opportunity to speak
before Council regarding this matter.
Councilman Baum requested he be placed on the Agenda of October 5,
1981.
PARKING METER ORDINANCES ITEM #17165
Councilwoman McClanan requested the Ordinances in the Agenda
to amend and reordain Section 22-152 of the City Code pertaining
to parking meter enforcement; AND, Section 21-364 and 21-405 of
the City Code pertaining to general parking prohibitions be
voted on separately.
I N F 0 R M A L S E S S I 0 N
COX CABLE ITEM #17166
Mr. Roger Pierce, Vice President, Regional Manager of Cox Cable,
briefed Council on the construction progress of Cox Cable.
Mr. Robert Hale, General Manager, spoke briefly on the current
subscriber count and the new programming considered for 1982, and
advised that the current subscriber count is:
Basic - 35, 1 60
HBO - 31,644
Cinemax - 21, 0 96
Escapade - 8,100
Mr. Steve McNulty, Customer Operations Manager, advised Council
of the current operational problems and the corrective action
being taken.
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COMPREHENSIVE PLAN ITEM #17167
Robert J. Scott, Planning Director, spoke before Council and
reviewed 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. The Plan 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 facilities.
3. The Comprehensive Plan calls for development density to be
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 on the Plan, is keyed to the ultimate plan
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 road 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 reviewed
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 expenditures to provide
a greater level of support facilities than auticipated.
Councilman Baum requested a joint Briefing of the Council and Planning
Commission prior to any scheduled public hearings.
SEASHORE STATE PARK ITEM #1 7168
The City Manager advised he was requested by Council to check into
the possibility of Seashore State Park remaining open during the
winter months. Tbe cost to keep the Park open would be $14,000.
Volunteers are being asked to work with the City in keeping the
Park open.
The State is going to close the Park in December, to reopen in
March of 1982; however, the jogging trails and bicycle paths
will remain open.
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BUS ROUTE/LEIGH MEMORIAL/TCC ITEM #17169
The City Manager advised Council of the request of a bus route
from Leigh Memorial Hospital to Tidewater Community College,
wbich would cost the City approximately $75,000 to $100,000
to implement this Route.
The Mayor advised it would not be feasible t6 utilize those
funds as the Federal Government has advised the Cities that
they are going to "Pbase out" transit subsidies within the
next five years, and this service is currently available
via transfer fares on an existing route.
AMERICAN/FOREIGN-MADE VEHICLES ITEM #17170
The City Manager advised Council the City has purchased forty-three
foreign-made vebicles (trucks). The cost of maintenance does not
greatly differ with the American-made'vehicles. The cost is in the
gasoline usage, with a savings of approximately two-cents (2cts) per
mile using the foreign-made vehicles.
Vice Mayor Heischober advised Council to keep one philosophy wbich
is to pledge that whenever and however possible if we can balance
the equities of the tax payers mone,y with the need and the desire
to make tbe American automobile industry assembly in America viable
that should be our commitment. But just to say buy American vs.
buying foreign when we cannot identify what is American and what is
foreign is really an effort in futility.
HUNTING/RED MILL FARM ITEM #17171
The City Manager advised tbat Mrs. Bettv Wells, Red Mill Farm, had
shown some concern over the hunting close to her property. Mrs.
Wells was contacted by a police officer and advised that the present
City Code prohibits shooting, regardless of the trace lines, within
150 yards of a house.
City Council RECESSED into EXECUTIVE SESSION, (6:30 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
September 28, 1981
7:25 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
INVOCATION: Father James Dorson
Holy Family Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN BUCHANAN VOICED A VERBAL "PRESENT".
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M I N U T E S
ITEM II-D.1 ITEM #17172
Upon motion by Councilman Standing, seconded by Councilwoman Henley,
City Council voted to APPROVE the Minutes of the Regular Meeting of
September 14, 1981.
Voting: 10-0
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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 9-
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to ADOPT the Resolution of Appreciation and
present. same to Mrs. Eileen K. Ayvazian.
Voting: 10-0
Council Members Voting Aye-.
John A. Ba@ 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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. oberndorf
-10-
ITEM II-E.2 ITEM #17174
RESOLUTION
WHEREAS, on Augu.6t 8, 1981, atong Hatpe)Lls Road in the City
o6 ViiLginia Beach, Vitginia, thete was a one ca)L
accident in which the vehicte te6t the )Load and
ove,ttu,tned in an adjacent cotn6ietd;
WHEREAS, a t)La66ic oi6icet and 6eve)Lat p)tecinct oiiice)Lz
zea,tched but couzd not iind the dtivet. They
zummoned the pozice heticoptet which tighted
the cotn6ietd and zeatched without zuccess even
aite,t the vehicte waz towed away;
WHEREAS, a6tet mote than ninety minutez, OFFICER M. G. MUSTIN
and hi-6 dog, LOBO, wete catted to the accident atea
and apptoximatety two hundted yatds 6,tom the 6cene
6ound the dtivet injuted and uncon,6ciou-6. He was
immediatety ttanzpotted by a )Lezcue unit to the
hospitat and zutvived the accident; and,
WHEREAS, this is ony-y one o6 many inztancez wheaeba OFFICER
MUSTIN and LOBO have pet6o)Lmed in an outz@anding
manne4 and pailticueatty in thi,6 ti6e-,6aving event.
NOW, THEREFORE, BE IT RESOLVED, That the Vitginia Beach City
Councit tecognize,6 OFFICER MUSTIN and LOBO 6ot
immediate and coutageouz action to save the ti6e oi
one o6 it-6 te,6ident,6.
BE IT FURTHER RESOLVED: That thiz Resotution be p)Le.6ented to
066ice,t Muztin and LoBo with a copy zptead upon the
,teco,td oi thiz FoimaZ Seszion o6 City Councit this
Twenty-Eighth day oi Septembet, 1981.
J. Henty McCoy, J)L., D.D.S.
Mayo,t
City oi Vitginia Beach
Upon motion by Councilman Baum, seconded by Councilwoman Henley,
City Council voted to ADOPT tbe Resolution-of Appreciation and
present same to Officer M. G. Mustin and bis dog.LoBo.
Voting: 10-0
Council Members Voting Aye:
John A. Bau@ E. T. Buchanan, F. Reid Erv@n, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
-1 2-
ITEM II-E.3 ITEM #17175
The Honorable A. Joseph Canada appeared concerning this matter.
Mr. Isaac Herbert appeared concerning this matter.'
Upon motion by Councilman Standing, seconded by Vice Mayor Heiscbober,
City Council voted to ADOPT the Resolution to initiate the review and
action on the Burton Station Community Plan and specific rezonings.
Voting: 10-0
Council Members Voting Aye:
John A. BaUD4 E. T. Buchanan, F. Reid Ervi@ Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
-1 3-
RESOLUTION
TO INITIATE THE REVIEW AND
ACTION ON THE BURTON STATION
COMMUNITY PLAN AND SPECIFIC
REZONINGS
WHEREAS, the Burton Station Community of approximately
104 dwellings was originally designated a Community Development
Target Area in 1975; and,
WHEREAS, through an Office of Housing and Community
Development survey it has been estimated that at least ninety
(90%) percent of the residents in Burton Station are homeowners;
I WHEREAS, the Burton Station Community Planning process
has been underway for nine (9) months through the auspices of the
Virginia Beach Office of Housing and Community Development and
the Southeastern Virginia Planning District Commission;
WHEREAS, the comprehensive community planning effort
bas been initiated to promote the general welfare of the Burton
Station residents, which further promotes the public welfare of
the City of Virginia Beach;
WHEREAS, the City, through its Office of Housing and
Community Development, is initiating the review and action on the
Burton Station Community Plan - Alternative Three, as revised;
WHEREAS, ninety-three (93%) percent of the seventy-four
(74) Burton Station households which participated in a survey
ballot approved Alternative Threet as revised, as the preferred
pattern of future development for the Burton Station community.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
Tbat the City Manager is hereby authorized to initiate the
necessary steps for City review and action on tbe Burton Station
Community Plan - Alternative Three, as revised, and to advertise
the necessary zoning changes in connection with tbe Burton Station
Community Plan.
Adopted by the Council of tbe City of Virginia Beach,
Virginia, on the Twenty-Eighth day of September, 1981.
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C 0 N S E N T A G E N D A
ITEM II-F ITEM #17176
Upon motion by rouncilman Standing, seconded by Councilman Buchanan,
City Council voted to uphold the recommenddtion of the City Manager
and ADOPT BY ONE MOTION the CONSENT AGENDA, with the exception of
Item number II-F.3.a, which will be voted on separately.
Voting: 10-0
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. McClanar4
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abseut:
Meyera E. Oberndorf
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ITEM Il@F.1 ITEM #17177
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Mauager
and APPROVE the extension of sewer service to the south side of
Laskin Road - between Winwood and Nevan Road as a 51% type project.
Funds are available for this project under CIP Project #6-316.
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence.
A. Holland, M.D., W. H. KitchirL, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
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ITEM II-F.2 ITEM #17178
Upon motion by Councilman Standing, seconded by Vice Mayot Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Ambulance Permits, in accordance with
Chapter 39, Section 39-2 of the City Code:
Virginia Beach Ambulance Service, Inc., t/a Eastern
Virginia Ambulance Service
Med-Tran, Inc.
City Ambulance Service, Inc.
Paramedical Rescue Services
Children's Hospital of the Kings Daughters
City of Chesapeake Division of Fire
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervi@ Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchiri, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
1 7-
ITEM II-F.3b ITEM #17179
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Bingo/Raffle Permits:
Virginia Beach Skating Club* Bingo/Raffle
The Garden Club of Pembroke Manor Raffle
Voting: 10-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. @nley, Clarence
A. Holland'. M.D., W. H. K4tchin, III, Reba S. McClanan,
Mayor J. Hdnry McCoy, Jr., and Patrick L. Standing
Council Members.Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
*Approve'd with the stipulation that the organization may not
conduct gam6s in the building until final approval has been
granted by,,the Fire Department.
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ITEM II-F.4 ITEM #17180
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to amend and reordain
Section 9 of the Ordinance making appropriations for the Fiscal Year
beginning July 1, 1981 and ending June 30, 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervir4 Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchiti, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
1 9-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 9 OF THE ORDINANCE MAKING
APPROPRIATIONS FOR THE FISCAL YEAR
BEGINNING JULY 1, 1981 AND ENDING
JUNE 30, 1982
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
SECTION 9: Allowances out of any of the appropriations
made in this Ordinance by any or all of the City Departments,
Bureaus, or Agencies, to any of their officers and employees for
expenses on account of the use by such officers and employees of
their personal automobiles in the discharge of their official
duties shall not exceed e-ighteeit-and-ene-half twenty cents
44:,81/2-,eent-s@ (20-cents) per mile of actual travel for the first
15,000 miles and ten eleven-cents (11-cents) per mile for additional
miles of such use within the fiscal year.
This ordinance shall become effective October 1, 1981.
1
ADOPTED by the Council of the City of Virginia Beach
on September 28, 1981
FIRST READING: September 14, 1981
SECOND READING: September 28, 1981
GGD:JDB:er
9-9-81
- 20-
ITEM II-F.5 ITEM #17181
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to appropriate $2,188,593
for Fiscal Year 1982 for the payment of purchase orders brought
forward from Fiscal 1981.
Voting: 10-0
Council Members Voting Aye:
John A. BaLu% E. T. Buchanan, F. Reid Ervi@ Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 21-
AN ORDIVANCE TO APPROPRIATE $2,188,593
FOR FISCAL YEAR 1982 FOR THE PAYMENT
OF PURCHASE ORDERS BROUGHT FORWARD FROM
FlSCAL YEAR 1981
.WHEREAS, during the course of' business in Fiscal Year
1981, purchase orders or contracts were issued committing the
City to purchases of materials, supplies, equipment or services
for use by several Departments, Divisions, or Bureaus; and,
WHEREAS, these purchase orders or contracts were charged
to appropriations previously authorized for the Fiscal Year ended
June 30, 1981, so as to reduce the unencumbered balance of those
appropriations; and,
WHEREAS, on June 30, 1981, there were purchase orders
or contracts totaling $2,188,593 for which materials, supplies,
equipment or services had not been delivered or invoiced.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, that the funds totaling $2,188,593
unexpended and represented by purchase orders outstanding on
June 30, 1981, be reappropriated as additions to Fiscal Year 1982
appropriations to the respective Departments, Divisions, or Bureaus
of the City so that upon delivery of the materials, supplies, or
equipment or services, there shall be sufficient funds to make
payment. These funds shall be appropriated from the following
respective fund balances;
General $ 966,909
Water and Sewer 506,337
Golf Courses Enterprises 54
Law Library 57
School Operating 715,236
Total Appropriations $2,188,593
This Ordinauce shall be effective from date of adoption.
FIRST READING: September 14, 1981
SECOND READING: Septe@ber 28, 1981
Adopted by the council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of September, 1981
2 2-
ITEM II-F. 6 ITEM #17182
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to transfer and appropriate
f unds of $1, 123, 504 f or the add it ional cost of the City and School
Health Care Programs.
Vot ing 10-0
Council Members Voting Aye:
John A. Baurn, 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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 2 3-
AN ORDINANCE TO TRANSFER AND APPROPRIATE
FUNDS OF $1,123,504 FOR THE ADDITIONAL
COST OF THE CITY AND SCHOOL HEALTH CARE PROGRAMS
WHEREAS, both the City and School Board provided a
hea.lth care Program for their employees; and,
WHEREAS, the cost of each Program is increasing for
Fiscal Year 1982 due to rising hospital, physician, and dental
charges and due to the extensive usage of each Program by
employees; and,
WHEREAS, the City's additional cost for health and
dental benefits for FY 82 is $403,504 and the School's additional
health care cost is $720,000 for the same period.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $1,123,504 be transferred
and appropriated in the following manner to cover the additional
costs of the City and School Health Care Programs:
From: Reserve for Contingencies:
Water and Sewer Fund $ 16,061
From: Fund Balances:
General Fund (Includes
$720,000 for Schools) $1, 0 92, 96 8
Golf Courses Enterprise Fund 2,580
Risk Management Internal
Service Fund 900
Print Shop Internal Services
Fund 2,340
City Garage Internal Service
Fund 8,655
Total from Fund
Balances 1,107,433
GRAND TOTAL $1,123,504
BE IT FURTHER ORDAINED that funds of $720,000 of the
above General Fund Balance be transferred to the School Operating
Budget.
This Ordinance shall be effective for the Blue Cross-
Blue Shield contract period ending June 30, 1982.
FIRST READING: September 14, 1981
SECOND READING: September 28, 1981
Adopted by the Council of the City of Virginia Beacb,
Virginia, on the Twenty-Eighth day of September, 1981.
- 24-
ITEM II-F. 3a ITEM #17183
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing
City Council voted to REFER the application of the Poseidia Institute,
Inc., for a Raffle Permit in its entirety to the Internal Revenue
Service for its interpretation, to the Attorney General for his
opinion, and to the General Assembly as to intent.
Voting: 10-0
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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
-25 -
ITEM II-G.l.a ITEM #17184
A letter-was received from Concordia Enterprises, Ltd., requesting
withdrawal of the applications.
Upon motion by Vice Mayor Heischober, seconded by Councilman StAnding,
City Council voted to permit WITHDRAWAL of the applications of
CONCORDIA ENTERPRISES, LTD., for Changes of Zoning District
Classification, as per the following:
Ordinance upon applicdtion of Concordia Enterprises,
Ltd., for A Change of Zoning District Classification
from A-1 Apartment District to R-8 Residential District
on certain property located 305 feet East of Davis Street
beginning at a point 1220 feet more or less North of
VirginiA BeAch Boulevard, running a distalnce of 349.98
feet in a Southeasterly direction, running a distance of
440 feet in a Southwesterly direction, running a distance
of 349.48 feet in a Southeasterly direction, running a
distance of 1105 feet more or less in a Northeasterly
direction, running A distance of 170.10 feet in a South-
edsterly direction, rtmning a distance of 154 feet more
or less in d Northeasterly direction, running a distzince
of 959.67 feet along the Northern property line and rtmning
a distance of 440 feet in a Southwesterly direction. Said
parcel contains 11.8 Acres. BAYSIDE BOROUGH.
Ordinance upon application of Concordia Enterprises, Ltd.,
for a.Change of Zoning District Classification from A-1
Apartment District to B-2 Community-Business District on
certain property located 710 feet more or less East of
Davis Street beginning at a point 540 feet more or less
North of Virginia Beacb Boulevard, running a distance of
275.75 feet along the Western property line, running a
distance of 349.48 feet along the Northern property line,
running a distance of 71.75 feet along the Eastern property
line and running a distance of 319.24 feet in a Southwesterly
direction. Said parcel contains 1.7 acres. BAYSIDE BOROUGH.
Ordinance upon application of Concordia Enterprises, Ltd.,
for A.Change of Zoning District Cliissification from B-2
Community-Business District to R-8 Residential District
on certain property located 770 feet more or less North
of Virginia Beach Boulevard beginning at a point 520 feet
East of Davis Street, running A distance of 175.39 feet
along the Southern property line, running a distance of
440 feet Along the Eastern property line, rurming a dis-
tance of 175.39 feet along the Northern property line
and running a distance of 440 feet along the Western
property line. Said pdrcel contains 1.65 acres. BAYSIDE
BOROUGH.
Voting: 10-0
26-
Council Members Voting Aye: (for withdrawal)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mdyor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
2 7-
ITEM II-G.2.a ITEM #17185
Attorney Grover C. Wright, Jr., appeared in behalf f the applicant
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to upbold the recommendation of the Planning
Commission and APPROVE the application of MUKESH TRIVEDI for a
Change of Zoning District Classification, subject to the recommended
conditions transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF MUKESH Z0981603
TRIVEDI FOR A CHANGE OF ZONING DISTRICT
CIASSIFICATION FROM R-7 RESIDENTIAL
DISTRICT TO B-4 RESORT-CONMRCIAL DISTRICT
BE IT ORDAINED BY TBE COIJNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Mukesh Trivedi for a Change
of Zoning District Classification from R-7 Residen@ial District
to B-4 Resort-Commercial District on certain property located
at the Southeast corner of Norfolk Avenue and Arctic Avenue,
running a distance of 162.24 feet along the South side of Norfolk
Avenue, running a distance of 20.25 feet along the Eastern prop-
erty line, running a distance of 182.17 feet along the Southern
property line, running a distance of 37.97 feet along the East
side of Arctic Avenue and rtmning ar6und a curve a distance of
36.04 feet. Said parcel contains .171 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. City water and sewer.
3. A five-foot dedication, IF NEEDED, along the frontage on
Norfolk Avenue, 30-feet from the centerline of the existing
50-foot right-of-way as per the Master Street and Highway
Plan.
4. The applicant shall resubdivide this parcel with the parcel
adjacent to the South in order to meet applicable zoning
requirements for B-4 Resort-Commercial District zoning.
This provision was modified in accordance with the statement
of the representing Attorney, "The applicant cannoi vacate
the lot line as the motel land is owned by one persor4 my
client has it on a long-term lease (50-years). He found
himself in a position where he had to buy this piece of
property to proteci himself. The property is tecbnically
in two different ownerships. We have furnished the City
Attorney's office with a document that provides that it
will never be used as a separate parcel apart from this
motel property, which covers the situation."
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Vir ginia, on the Twenty-Eighth day of September, 1981.
2 8-
Voting: 10 -0
Council Members Voting Aye:
John A. Baun6 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., and Patrick L. Standing
Council Members Voting Nay:
None ,
Council Members Absent:
Meyera E. Oberndorf
2 9-
ITEM II-G.2.b ITEM #17186
Attorney Robert H. Simpson, Jr., appeared in behalf of the applicant
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to DEFER UNTIL OCTOBER 5, 1981 the application of
I. REESE SMITH for a Change of Zoning District Classification, as per
the following:
Ordinance upon application of I. Reese Smith for a Change
of Zoning District Classification from R-5 Residential
District to 0-1 Office District on certain property located
on the North side of Potters Road beginning at a point 506
feet mor6 or less East of Wesley Drive, running a distance
of 548.48 feet along the North side of Potters Road, running
a distance of 480.32 feet along the Western property line,
running a distance of 82.44 feet along the Northern property
line (South side of Virginia Beach Toll Road), running a
distance of 560.76 feet along tbe Western property line. Said
parcel contains 2.9 acres. LYNNHAVEN BOROUGH.
Vot ing 10 -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. Kitchit4 III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 30-
ITEM II-G.2.c ITEM #17187
Attorney Michael Inman appeared in behalf of the applicant
The following appeared in favor of the application.
Mr. John Perry
Mrs. McCoy
Upon motion by Councilman Standing, seconded by Mayor McCoy,
City Council voted to uphold the recommendation of the Planuing
Commission and DENY the application of BEAM ASSOCIATES 1, a
VIRGINIA GENERAL PARTNERSHIP, for a Change of Zoning District
Classification, as per the following:
Ordinance upon application of Beam Associates I, a Virginia
General Partnership, for a Change of Zoning District Classifi-
cation from R-8 Residential District to A-1 Apartment District
on certain property located on the West side of Thompkins Lane
begiuning at a point 2361.3 feet North of Indian River Road,
rtmning a distance of 135 feet along the West side of Thompkins
Lane, running a distance of 526.334 feet along the Northern
property line, running a distance of 135 feet along the
Western property line and running a distance of 526.92 feet
along the Southern property line. Said parcel contains 1.6
acres. KEMPSVILLE BOROUGH.
Voting: 6-4
Council Members Voting Aye: (for denial)
E. T. Buchanan, Vice Mayor Harold Heischober, Barbara
M. Henley, Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
D. D. S., and Patrick L. Standing
Council Members Voting Nay:
John A. Ba@ F. Reid Ervin, Clarence A. Holland, M. D.,
W. H. Kitchin, III
Council Members Absent:
Meyera E. Oberndorf
31-
ITEM II-G.2.d ITEM #17188
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of AMPLE SUPPLY for a
Conditional Use Permit subject to the recommended conditions
transmitted in the Cit@ Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF AMPLE R0981418
SLIPPLY FOR A CONDITIONAL USE PERMIT
FOR RETAIL JANITORIAL SUPPLY
BE IT ORDAINED BY TIM COUNCIL OF TBE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Ample Supply for a Conditional
Use Permit for retail janitorial supply on certa@property
located at the Southeast corner of 19th Street and Cypress
Avenue, running a distance of 150 feet along the South side
of 19th Street, rtmning a distance of 140 feet along the
Eastern property line, rtmning a distance of 150 feet along
the Southern property line, and rtmning a distance of 140
feet along the East side of Cypress Avenue. Said parcel
contains .48 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 tbe Site Plan Ordinance.
2. City water and sewer.
3. A revised plan with adequate parking in accordance with City
standards.
4. Right-of-way improvements are necessary along Cypress Avenue;
this includes pavement widening, curb and gutter, sidewalks,
and an adequate drainage outfall system with all the necessary
downstream improvements.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of September, 1981.
32-
Voting: 10 -0
Council Members Voting Aye:
John A. BaLUE6 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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
3 3-
ITEM II-G.2.e ITEM #17189
Upon motion by Councilman Kitchin, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Plannitig
Commission and APPROVE the application of ROBERT L., JR., AND
SARAH D. CHRISTIAN for a Conditional Use Permit, subject to the
recommended conditions transmitted in the City Manager's letter,
as follows:
ORDINANCE UPON APPLICATION OF ROBERT L. R0981419
JR., AND SARAH D. CHRISTIAN FOR A CON-
DITIONAL USE PERMIT FOR A DUPLEX
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIPGINIA BEACH,
VIRGINIA:
Ordinance upon application of Robert L., Jr., and Sarah D.
Christian for a Conditional Use Permit for a duplex on
certain property located at the Southwest corner of 16th
Street and Mediterranean Avenue, running a distance of 100
feet along the South side of 16th Street, running a d:Lstance
of 50 feet along tbe Western property line, running a distance
of 100 feet along tbe Soutbern property line and running a
distance of 50 feet along the West side of Mediterranean Avenue.
Said parcel contains .114 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. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-EiRhth day of September, 1981.
3 4-
Vot ing: 10 -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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
3 5-
ITEM II-G.2.f ITEM #17190
Reverend Carl Bieber appeared in behalf of the applicant
Upon motion by Vice Mayor Heischober, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of TABERNACLE BAPTIST CHURCH
for a Conditional Use Permit, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
ORDINANCE TIPON APPLICATION OF TABERNACLE R0981420
BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT
FOR A STUDENT DORMITORY
BE IT ORDAINED BY,THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Tabernacle Baptist Church for a
Conditional Use Permit for a student dormitory on certain
property located on the West side of Whitehurst Landing Road
beginning at a point 1000 feet more or less North of
Providence Road, running a distance of 461.80 feet along the
West side of Whitehurst Landing Road, running a distance of
650 feet more or less along the Northern property line, running
a distance of 870 feet more or less along the Western property
line, running a distance of 341.16 feet in a Southeasterly
direction and rtmning a distance of 643.70 feet in a Northeasterly
direction. Said parcel contains 11 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. Any improvements within the VEPCO easement must be approved
by VEPCO and written verification submitted to the Department
of Public Works.
3. @o dredging, filling, bulkheading or other waterfront
related activities will be allowed without the proper
permits from Federal, State, and local authorities.
4. Pavement widening, curb, gutter, sidewalk and drainage
facilities are to be provided along Whitehurst Landing
Road.
5. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia,, on the.Twenty-Eiahth day of September, 1981.
3 6 -
Vot ing: 10 -0
Council Members Voting Aye:
John A. Baum, E. T. Buchanat4 F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchi@ III, Reba S. McClana@
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
3 7-
ITEM II-G.2.g ITEM #17191
Mr. George presented petitions to Council in opposition to the
application, (copies of which are on file in the City Clerk's
office)
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 MR. AND MRS. A. N. COLTON
for a Conditional Use Permit, as per the following:
Ordinance upon application of Mr. and Mrs. A. N. Colton for
a Conditional Use Permit for a home occupation (babysitting)
on certain property located on the South side of War Admiral
Road beginning at a point 212.79 feet East of Pensive Lane,
running a distance of 86.05 feet along the South side of War
Admiral Road, rtmning a distance of 100 feet along the
Eastern property line, rtmning a distance of 81.06 feet along
the Southern property line and running a distance of 99.62
feet along the Western property line. Said parcel contains
.19 acre. @SVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, E. T. Buchanan, F. Reid Ervir4 Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
. Meyera E. Oberndorf
- 38-
ITEM II-G.2.h ITEM #17192
Mr. Gregg appeared in behalf of the applicant.
Mrs. Robert Ackerman appeared in opposition.
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of REVEREND DAVID F. ELLIS for
a Conditional Use Permit, as per the following:
I
Ordinance upon application of Reverend David F. Ellis for
a Conditional Use Permit for a dhurch on certain property
located at the Southwest corner of Princess Anne Road and
Citation Drive, running a distance of 138.50 feet along
the West side of Princess Anne Road, rimning a distance of
129 feet in a Southwesterly direction, running a distance
of 44.51 feet in a Northwesterly direction, running a dis-
tance of 150 feet more or less in a Southwesterly direction,
rtmning a distance of 190 feet more or less in a Northwesterly
direction and running a distance of 215 feet more or less along
the South side of Citation Drive. Said parcel contains .75 acre.
KEMPSVILLE BOROUGH.
3 9-
Vot ing: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, E. T. tuchanan, F. Reid Ervi@ Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 40-
ITEM II-G.2.i ITEM #17193
Attorneiy Bruce B. Mills appeared in behalf of the applicant
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE tbe application of MARGARET B. LIES for a
Conditional Use Permit, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF MARGARET B. R0981421
LIES FOR A CONDITIONAL USE PERMIT FOR A
PERSONAL SERVICE ESTABLISHMENT (HAIRSTYLING)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Margaret B. Lies for aConditional
lise Permit for a personal service establishment (hairstyling) on
certain property located on the North side of Haygood Road
beginning at a point 125.02 feet West of Twain Lane, running a
distance of 393.71 feet along the North side of Haygood Road,
running a distance of 209.58 feet along tbe Western property
line, running a distance of 424.88 feet along the Northern
property line and running a distance of 207.26 feet along the
Eastern property line. Said parcel contains 1.947 acres.
BAYSIDE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. The proposed conditional use shall in combination not occupy
more than ten (10) percent of the floor area involved in the
principal use.
2. Approval is for a period of two (2) years.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of September, 1981.
- 4 4-
ITEM II-C.2.k ITEM #17195
0 1 Al IA 6 i%41/2.1/2 ti
-41-
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, E. T. Buchanan, F. Reid Ervil4 Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchir4 III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
41-
Voting 10-0
Council Members Voting Aye:
Jobn A. Baum, E. T. Buchana@ F. Reid Erviri, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. KitchiT4 III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 4 2-
ITEM II-G.2.j ITEM #17194
Mr. Le@roy Spencer appeared in behalf of the applicant
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 LEE-JOHN COMPANY BUILDERS
for a Conditional Use Permit, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF LEE-JOHN R0981422
COMPANY BUILDERS FOR A CONDITIONAL USE
PERMIT FOR A DAY CARE CENTER
BE IT ORDAINED BY TBE COLINCIL OF THE CITY OF VIRGINIA BEACH,
VIRGrNIA:
Ordinance upon application of Lee-John Company Builders for
a Conditional Use Permit for a day care center on certain
property located on the Wes@ side of Declaration Road
beginning at a point 100 feet more or less North of Hinsdale
Street, running a distance of 64 feet along the West side of
Declaration Road, running a distance of 100 feet along the
Northern property line, running a distance of 64 feet along
the Western property line and running a distance of 100 feet
along the Southern property line. Said parcel contains .14
acre. BAYSIDE BOROUGH.
Approval is subject to the f6llowing 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. Provide an adequate drainage outfall system along with all
necessary downstream improverwnts and easements.
4. Minimum side yards for uses other than dwellings shall be
15 feet.
5. Fencing in accordance with the site plan.
This Ordinance shal;l be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Ei ghth day of September, 1981.
-4 3-
Voting: 9-1
Council Members Voting Aye:
John A. Baur1/2 E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Heuley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry
McCoy. Jr., and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Meyera E. Oberndorf
- 4 4-
ITEM II-G.2.k ITEM #17195
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the request of RUSSELL B. DAVIS for variances to Sections
4.4(b) and 4.4(d) 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
Russell B. Davis. Property located 250 feet more or less East
of the Eastern extremity of Quail Point Road. Plats with more
detailed information are available in the Department of
Planning.
The applicant requests variances to Section 4.4(b) and 4.4(d)
of the Subdivision Ordinance which requires lot dimensions to
conform to the Comprehensive Zoning Ordinance and that all
lots created have direct access to a public street. The
applicant wishes to subdivide approximately one acre out of a
larger tract of about 2.72 acres of Lot 2 of the Linkhorn
Point Subdivision. LYNNHAVEN BOROUGH.
Vot ing: 10-0
Council Members Voting Aye:
John A. Bau% 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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 45-
ITEM II-G.2.1 ITEM #17196
Richard Miller appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the request of DANNY L. COLLIER for
variances 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 Danny L. Collier. Property located at the Northwest
intersection of Reagan Avenue and Shagbark Road. Plats with
more detailed information are available in the Department of
Planning.
The applicant vequests a variance to Section 4.4(b) of the
Subdivision Ordinance which requires dimensions to conform
to the Comprehensive Zoning Ordinance. The applicant withes
to subdivide this approximately 13,350 square foot site into
two (2) I.ots. This property is located at the Northwest
intersection of Reagan Avenue and Shagbark Road. LYNNHAVEN
BOROUGH.
Voting 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. HDlland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
4 6-
ITEM II-G.2.m ITEM #17197
Upon motion by Councilman Ervin, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain the
Comprehensive Plan dated October 15, 1979 regarding rezoning
applications.
Voting: 10-0
Council Members Voting Aye:
John A. Baur, 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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 4 7-
AN ORDINANCE TO AND REORDAIN
THE COHPREHENSIVE PLAN
DATED OCTOBER 15, 1979
REGARDING REZONING APPLICATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Comprehensiv; Plan dated October 15, 1979, is amended
and reordained by adding the following to the section entitled: "The
Comprehensive Plan Approach":
The Role of the Comprehensive Plan
in the Rezoning Process
(added by nmendment on
The Comprehensive Plan proposes a pattern of land
use according to the ultimate capacity of planned
facilities, even though those facilities may not be
present now or immediately programmed. Rezonings
should be evaluated on, among other things, the
Comprehensive Plan land use recommendations, and
other factors outlined for consideration in the State
Code and general law including, but not limited to,
the following: the existing use and character of the
property, the suitability of property for various uses,
the trends of growth or change, the current and future
requirements of the community, and the requirements
for housing, schools, parks, playgrounds, recreation
areas, and other public services; for the conservation
of natural resources; and preservation of flood plains
and for the conservation of properties and their values
and the encouragement of the most appropriate use of
land throughout the city.
This ordinance shall become effective on date of adoption.
Adopted on September 28, 1981
APPROVED AS TO CONTENTS
RJS:JDB:er
9-18-81
APPRO
ITY ATTORNEY
4 8-
ITEM ii-G.2.n ITEM #17198
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Upon motion by Councilman Ervin, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the ordinance to amend and reordain Article
1, Section 111 of the Comprehensive Zoning Ordinance pertaining
to definitions of college or university housing; with the following
change in the wording:
College or University Housing: Buildings or structures
which contain dwelling units for the housing of regularly
enrolled students, faculty and employees of an established
college or university, and their families.
Voting: 10-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervin*, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M. D., W. H. Kitchir4 111, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
*COUNCILMAN ERVIN VOICED A VERBAL "AYE".
4 9-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION Ill OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO DEFINITIONS OF COLLEGE
OR UNIVERSITY HOUSING
BE 1T ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O.
is amended and reordained as follows:
College or University Housing: Buildings or structures
which contain dwelling units for the housing of regularly
enrolled students, faculty and employees of an established
college or tmiversity, and their families.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Eighth day of September, 1981.
-50@-
ITEM II-G.2.n.b ITEM #17199
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Article 5, Section
501(c)(6) of the Comprehensive Zoning Ordinance pertaining to use
regulations for college or university housing.
Voting: 10-0
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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
5 1
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTION 501(c)(6)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING Tb USE REGULATIONS
FOR COLLEGE OR UNIVERSITY HOUSING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 501, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures. Uses and structur6s herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(6) Fraternity and sorority houses, colleqe or 6niversity
housing, student dormitories and student centers,
provided, however, that the same shall be located
within a one (1) mile radius of an established college
or university.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28 day of, September-, 1981.
APPROVED AS TO CO"TENT
SIGNATURE
DEPARTMENT./l
APPItOVED AS I
StGNklhxE
CITY ATTOPT
9/ 2 8/ 81
- 5 2-
ITEM II-H.l.a ITEM #17200
Mr. Raymond Barrett, Cardinal Court Club, appeared concerning the
Ordinance.
The City Clerk made reference to a letter received from David L.
Cass ida.
Upon motion by Councilman Ervin, seconded by Councilman Holland,
City Council voted to ADOPT the Ordinance to amend and reordain
Section 35-114 and 35-115 of the Code of tbe City of Virginia
Beach pertaining to tax on purchasers of utility service;
AND, directed the City Manager to investigate the possibility of
"Rebates" and if applicable to prepare the appropriate Ordinance.
Voting: 9-1
Council Members Voting Aye:
John A. BaUN4 E. T. Buchanan, F. Reid Erviri, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M. D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., and
Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Meyera E. Oberndorf
5 3-
Requested by: City manager/Camnissioner of Revenue
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-114 and 35-115 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO TAX ON PURCHASERS OF
UTILITIY SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIKGINIA
BEACH, VIRGINIA:
That Section 35-114 and Section 35-115 of the Code of
the City of Virginia Beach, Virginia, is hereby amended and
reordained as follows:
Section 35-114. Definitions.
Except where the contex clearly indicates a different
meaning, the following words and phrases, when used in this
article, shall, for the purposes of this article, have the
meanings ascribed to them in this section:
Person. The word "person" includes any individual,
firm, partnership, association, corporation and any combination
of.individuals of whatever form and character.
Purchaser. The word "purchaser" includes every person
who purchases a utility service.
Seller. The word "seller" includes every person who
furnishes a utility service.
Utility service. The phrase "utility service" includes
local telephone service (excluding long distance messages),
electric service, water service and gas service, whether
generally termed a utility service or not, for which the
purchaser is rendered a separate invoice by the seller, furnished
in the corporate limits of the city.
Seciton 35-115. LEVIED; amount; exclusions.
(a) For each year, beginning January first and ending
DecembiSSr thirty-first of each such year, unless otherwise changed
by the council, there.is hereby imposed and levied by the city,
upon. eabh residential purchaser of a utility service, a tax in
the amount 6f twen-ty (20) percent of the charge, exclusive of any
federal:taxthereon, made@by the seller ag.ainst the purchaser
5 4-
with respect to each utility service, and in addition there is
hereby imposed and levied by the city, upon each commercial or
industrial purchaser of a utility service, a tax in the amount of
twenty (20) percent of the charge, except as otherwise herein
provided, exclusive of any federal tax thereon, made by the
seller against the purchaser with respect to each utility
service.
(b) The tax imposed by this section shall not be
applied to any portion of a monthly charge for any single utility
service to a commercial or industrial purchaser that exceeds four
hundred dollars ($400.00). For the purposes of this section, the
words "commercial or industrial purchaser' shall not be construed
to include a purchaser in the business of renting apartments or
other such dwelling units as to utility service furnished
directly to an apartment or other such dwelling unit; provided,
however, that utility services purchased by such purchaser
through separate meters for hallways, swimming pools, outside
lighting and other accessory uses shall be deemed commercial or
industrial purchases.
(c) There is excluded from the tax imposed and levied
by this section so much of the charge, exclusive of any federal
tax thereon, made by the seller against the purchaser for gas,
electricity or water service as is, for each such service, in
excess of twelve dollars ($12.00) for any single-family unit for
any month or part of a month. Where more than one single-family
unit is served by one meter, in computing such maximum of twelve
dollars ($12.00), the same shall be mutiplied by the number of
single-family units served by such meter.
(d) There is excluded from the tax imposed and levied
by this section so much of the charge, exclusive of any federal
tax threon, made by the seller against the purchaser for
residential telephone service as is in excess of twelve dollars
($12-00) for any month or part of a month.
-2-
5 5-
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginila Beach,
Virginia, on --September 28, 1981
MES/re
8/18/81
(D-1981)
S NTINT
DEPARTMIIT
APP@,,, S
CITY
ATTOI.I;EY
-3-
5 6-
ITEM II-H.l.b ITEM #17201
Upon motion by Councilman Baum, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of tbe City Manager
and ADOPT the Ordinance to amend and reordain Section 35-64 of the
Code of the City of Virginia Beach pertaining to real estate tax
exemption for certain elderly and handicapped persons.
Voting: 10-0
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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
5 7-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-64 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA PERTAINING
TO REAL ESTATE TAX EXEMPTION FOR
CERTAIN ELDERLY AND HANDICAPPED
PERSONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the following portion of the above mentioned
section of the Code of the City of Virginia Beach is amended as
follows:
(a)(5) The net combined financial worth, of-the-owner
inc equitable interests, as of December thirty-first of the
year immediately preceding the taxable year, 4s-eletermined-by
the-e4ty-manager-to-be-en-ameunt of the owners, and of the spouse
of any owner, excluding the value of the dwellinq and the land,
exceeding one acre, upon which it is situated, does not te exceed
thirty-five thousand dollars ($35,000.00).
This ordinance shall be effective upon adoption.
Adopted by the Council of the City of Virginia Beach on
the 28 day of September 1981.
tIES:re
9/11/81
(1981-E)
- 5 8-
ITEM II-H.l.c ITEM #17202
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 22-152 of the Code
of the City of Virginia Beach, Virginia, pertaining to parking meter
enforcement.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervi@ Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf'
5 9-
Requested by Public Works Department
AN ORDINANCE .-O AMEND AND REORDAIN
SECTION 22-152 OF THE CODE OF .-HE
CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO PARKING METER
ENFORCEMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 22-152 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 22-152. Hours during which article is applicable.
The provisions of this article shall apply to parking
24-heurs-per-day from 10:00 i.m. to 6:00 p.m. on every day
including federal and state legal holidays and Sundays from may 1
to October 1 of each calendar year.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of September 1981.
MES:re
9/17/81
9/18/81
(B-2)
APPROVED AS TO COi,.'TE'NTS
DEPART@,NENT
APrpC@IED AS TO
ll(,IIATUPE
- 60 -
ITEM II-H.l.c.a ITEM #17203
Upon motion by Councilman Ervin, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend Sections 21-364 and
21-405 of the Code of the City of Virginia Beach General Parking
Prohibitions.
Voting: 7-3
Council Members Voting Aye:
Jolm A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, M.D., W. R. Kitchin, III, Mayor J.
Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
E. T. Buchanan, Barbara M. Henley, and Reba S. McClanan
Council Members Absent:
Meyera E. Oberndorf
- 61-
Requested by: City Manager/IRC
AN ORDINANCE TO AMEND SECTIONS
21-364 AND 21-405 OF THE CODE
OF THE CITY OF VIRGINIA BEACH
GENERAL PARKING PROHIBITIONS
BE.IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 21-364 and 21-405 of the Code of the City
of Virginia Beach, Virginia, is hereby amended and reordained as
follows:
Section 21-364. General parking prohibitions.
(a) No person shall park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-control
device, in any of the following places:
(1) Within fifteen (15) feet of a fire hydrant.
(2) Within any designated fire lane.
(3) At any place so as to block any fire department
connection.
(4) Within fifteen (15) feet of the driveway entrance
to any fire station and, on the side of a street
opposite the entrance to any fire station, within
seventy-five (75) feet of the entrance, when
properly signposted.
(5) Within fifteen (15) feet of the entrance to a
building housing rescue squad equipment or
ambulances, provided such buildings are plainly
designated.
(6) In front of a public or private driveway.
(7) Withih an intersection.
(8) On the roadway side of any vehicle parked at the
edge or curb of a street (double parking).
(9) Upon any bridge or other elevated structure upon a
street or highway or within a tunnel.
- 6 2-
(b) No person shall park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-control
device, in any of the following places:
(1) On a sidewalk.
(2) On a crosswalk.
(3) Within twenty (20) feet of a crosswalk at an
intersection; provided, however, that where there
is no crosswalk at an intersection, no person shall
so park a vehicle within twenty (20) feet from the
intersection of curb lines or, if none, then within
fifteen (15) feet of the intersection of property
lines.
(4) Within thirty (30) feet upon the approach to any
flashing beacon, stop sign or traffic-control
signal located at the side of a roadway.
(5) Between a safety zone and the adjacent curb or
within thirty (30) feet of points on the curb
immediately opposite the ends of a safety zone,
unless a different length is indicated by offical
signs or markings.
(6) Within fifty (50) feet of the nearest rail of a
railroad grade crossing.
(7) Alongside or opposite any street excavation or
obstruction, when such parking would obstruct
traffic.
(8) At any place where official signs prohibit, reserve
or restrict parking.
(c) When a notice or citation is attached to a vehicle
found parked in violation of any provision of this section, the
owner of the vehicle may, within three (3) city working days
thereafter, pay to the city treasurer, in satisfaction of such
violation, a penalty of fifteen dollars
($15-00), for a violation of any provision of subsection (a), or
-2-
6 3-
S4:m-dellara-f$6rgQ+-ten dollars ($10.00) for a violation of
any
provision of subsection (b), for each hour or fraction thereof
during which such vehicle was unlawfully parked. Such payment
shall constitute a plea of guilty of the violation in question.
If such payment is not postmarked or received by the city
treasurer within three (3) working days of the city after receipt
such notice or citation, the penalty shall be twenty-del-lare
f$20"G+ for a violation of any provision
of subsection (a) of this section and
twenty dollars ( @ @@, for a violation of any provision of
subsection (b) of this section.
(d) The failure of any owner to make payment in accord
with subseciton (c) above or present the notice or citation for a
violation of this section at an office of the city treasurer for
certification to the general district court, within thirty (30)
days, shall render such owner, upon conviction of such violation,
subject to a fine of not more than fifty dollars ($50.00).
Section 21-405. Prepayment of penalty for parking in
violation of division
(a) When a notice is attached to a vehicle pursuant to
section 21-403, the owner of the vehicle may, within three (3)
city working days thereafter, pay to the city treasurer, in
satisfaction of the violation for which the notice was given,a
penalty of #hree-dellare-f@9,00+ six dollars ($6.00) for each
hour or fraction thereof during which such vehicle occupied a
parking meter space illegally. Such payment shall constitutea
plea of guilty of the violation in question. If such payment is
not postmarked or received by the city treasurer within three (3)
working days of the city after receipt of such notice, the
penalty for each hour or fraction thereof during which such
vehicle occupied a parking meter space illegally shall be 94%
twelve dollars ($12.00).
(b) The failure of any owner to make payment in accord
with subsection (a) above or present the citation or notice of
-3-
6 4-
violation at any office of the city treasurer for certification
to the general district court, within thirty (30) days, shall
render such owner subject to prosecution for such violation and
the penalty prescribed by section 21-404.
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 28- day of 1981.
MES/re
9/3/81
(E)
APPEZOVED AS TO CONTENT
@IGNATURE
D,IPARTMENT
AE, TO
-4-
6 5-
ITEM II-H.l.d ITEM #17204
Upon motion by Councilman Baum, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Chapter 12 of the Code of
the City of Virginia Beach by adding thereto an Article IV pertaining
to smoke detectors.
This Ordinance will be effective ONE YEAR from this date of adoption.
Voting: 10-0
Council Members Voting Aye:
John A. Baur1/2 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., and Patrick L. SStanding
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 6 6-
Requested by: City Manager/Fire Departrnent
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 12 OF THE CODE OF THE CITY
OF VIRGINIA BEACH BY ADDING THERETO
AN ARTICLE IV PERTAINING TO SMOKE
DETECTORS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Chapter 12 of the Code of the City of Virginia
Beach is hereby amended and reordained by adding an Article iv
thereto as follows:
ARTICLE IV. SMOKE DETECTORS
Section 12-50. Where required.
In accordance with the authorities specified in Section
15.1-29.9. Code of Virginia, smoke detectors shall be installed in
the_following structures:
(a) flulti-family residential buildings containinq four
(4) or more dwelling units.
(b) Hotels or motels providing overnight sleeping
accomodations to one (1) or Tore person .
(c) Rooming houses, qroup homes. dormitories and other
public lodgings reqularly used to provide overniqht
sleeping accomodations which contain more than four
(4) sleeping rooms.
Section 12-51. Definitions.
(a) "Smoke Detectors" shall mean mechanical devises
powered by batteries or alternating current capable
of sounding an audible alarm upon sensing visible
or invisible products of combustion mee@n the
specifications as contained in that pamphlet known
as Underwriters Laboratories Fire Protection
Equipment Directory, dated Januarv 1981, a copy of
which is on file in the office of the ci lerk.
(b) "Owner" shall mean one (1) or more persons,
jointly or severally, in whom is vested:
(1) All or part of the legal title to the property,
or
- 6 7 -
(2) All or part of the benefical ownership and a
right to present use enjoyment of the
premises, and the term includes a
possession.
(c) "Dwelling unit" shall mean a sinqle unit providin
comPlete independent living facilities for one (1)
or more Persons includina permanent,l)rovisions for
living, slepping, eatinq, cooking and
sanitation.
Section 12-52. Installation Requirements.
(a) The smoke detectors installed must be le of
sensing visible or invisible products of combustion
and when activated, the detectors shall
alarm suitable to warn the occupants of the
building. Smoke detectors installed in.dwelling
units of said buildinqs need only sound or alarm
suitable to warn occupants within the individual
dwelling unit,
(b) Appropriate pernits as required must be secured for
the installation of the smoke detectors powered bv
alternating current, however. no fee will be charqed
for the permit.
(c) The smoke detectors shall be installed in locations
specified in applicable section of Virqinia Unifor,
Statewide Building Code.
Section 12-53. Responsibilities in multi-family residental
(a) The owner or agent of the owner of the multi-fami1v
residental building containinq four (4) or more dwellinq
units shall Provide smoke dptpni-ors as recruired by
Section 12-52 (c) in hallways, stairwells, and other
Public or common areas and shall ma-intain them in qood
working order.
(b) The owner or agent of the owner of a dwellinq unit,
which is rented or leased in a multi-famil..
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residential building containing four (4) or more
dwelling units, shall furnish the tenant at the
begining of each tenancv and at least annually
thereafter with written certification that all smoke
detectors required by Section 12-52 (c) are present,
have been inspected and are in good workinq order.
(C) The tenant shall be responsible for reasonable care
of the smoke detector in accordance with Section
55-248.16, Code of Virginia, and for the interim
testing and providing written notice to the owner
for the repair of any malfunctioning smoke
detector. In accordance with Seciton 55-248.13,
Code of Virginia, the owner shall be obligated to
provide and pay for service, repair or replacement
of any malfunctioning smoke detector. S ch service,
repair or replacement must occur within five days of
receipt of written notice from the tenant that a
smoke detector is in neel of repair,
(d) The owner or aqent of the owner of a dwelling unit,
which is rented or leased in a multi-family buildinq
containq four or more dwelling units shall provide
written notification to the tenant of the
responsiblities and duties proposed by subsection
(c) of this section.
Section 12-54. Enforcement.
The fire inspector, or his dulv authorized
representatives, are authorized to administer and enforce this
Article.
Section 12-55. Article not exemption from compliance with code.
Nothing in this Article shall excuse any owner for the
required buildings from compliance.with all other applicable
provisions of the Virqinia Uniform Statewide Building Code in
Chapter 8 of the Code of the City of virginia Beach Pertaininq to
Buildings and Buildinq requlations.
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This ordinance shall become effective one year from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of September 1981.
MES/re
9/11/81
7/8/81
(1981-B)
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U N F I N I S H E D B U S I N E S S
ITEM II-I.1 ITEM #17205
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to RECONSIDER the Ordinance declaring certain
property (.257 acres) near Lake Holly excess of the needs of the City,
(originally heard on September 14, 1981,) to be heard by the City
Council on October 19, 1981.
Voting: 10-0
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., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf