HomeMy WebLinkAboutAUGUST 10, 1981 MINUTES (2)City of Virf inia Beach
"WORLd'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ]. HENRY McCOY IR., D.D.S., Ke.zp.~uille
VICE-MAYOR H.iROI. D NEI$CHOBER, At
CITY COUNCIL AGENDA
August 10, 1981
ITEM I
INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor J. Henry McCoy, Jr., D.D.S.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Ma~or.
2. Matters for discussion by Council.
3. New Light Baptist Church: Request for simultaneous
advertising of use permit application.
4. Home Occupation Use Permits: Discussion by Mr. Robert
J. Scott, Director of the Planning Department.
5. Problem of Onsite Parkin~ Requirements in the Beach
Borough: Discussion.
6. Requests for Positions Authorized in Budget But Needing
Council A~roval: DisCussion.
ITEM II
FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Fritz Stegemann
Open Door Chapel
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
MINUTES OF PREVIOUS MEETINGS:
1. Motion to accept/approve the Minutes of July 13, 1981.
2. Motion to accept/approve the Minutes of August 3, 1981.
E. INTRODUCTION
1. Little Miss Virginia Beach - Cynthia Loraine Johnson
ITEM II
Fo
PRESENTATION
1. Tidewater Blood Service, American Red Cross -
Mrs. Karen Wells
G. RESOLUTION
Resolution calling for an independent evaluation of
the proposed Federal Aviation Administration/Department
of Transportation regulations pertaining to the ute of
Washington National Airport.
H. CONSENT AGENDA
Ail 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. Resolution regarding the application of Rose Holland
Associates and Amoco Oil Company.
2. Resolution requesting the termination of a use permit
by Virginia Village Estates, Inc.
Resolution authorizing the City Manager to execute a
deed between the Armada/Hoffler Company and the City
of Virginia Beach.
4. Resolution allowing charge-offs within several City
departments as uncollectable accounts.
5. Ordinance, on SECOND READING, to appropriate $26,372
for "The Battle Off The Virginia Capes" Celebration.
Ordinance, on SECOND READING, to accept a grant of
$3,429.00 from the Department of Energy and to appro-
priate $6,858.00 to fund technical assistance for
energy conservation.
Ordinance, on SECOND READING, to accept a grant from
the Department of Corrections totaling $125,948 and
to appropriate these funds and to establish a Community
Corrections Resource Board.
I. PLANNING ITEMS
1. Deferred
Application of Texaco, Inc. for a conditional use
~ermit for a gas bar and car wash on a .8-acre
parcel located on the east side of Rosemont Road,
between South Plaza Trail and Raintree Road
(Lynnhaven Borough). This matter was deferred
for 30 days on J~ly 6, 1981.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II I. PLANNING ITEMS (Cont' d)
2. New Items
Application of Hudgins and Associates, Inc. for
a change of zoning from A-1 A~artment District
to A-2 A~artment District on two parcels, total-
ing 22.7 acres, located south of Marsh View
Drive, west of Virginia Avenue, adjacent to the
Salt Marsh Point s~bdivision (Lynnhaven Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
bo
Application of Paul L. Strassber~ for a change of
zoning from B-2 Community-Business District to
A-1 A~artment District on a 2.05-acre parcel
located on the south side of Mill Dam Road, east
of North Great Neck Road (Lynnhaven Borough).
Letter from the City Manager transmits the
reco~unendation of the Planning Commission
for approval.
Application of Ca~e Henr~ Hardware and General
Merchandise Store, Inc. for a conditional use
~ermit for a storage yard in con~unction with
retail sales on a one-acre parcel located at the
southwest corner of Shore Drive and Ebb Tide
Road (Lynnhaven Borough).
Letter from the City Manager transmits the
reco~m~endation of the Planning Commission
for withdrawal.
do
Application of Deborah Diane Juhasz for a
conditional use ~ermit for a home occupation
(candy making) on a .17-acre parcel located on
the east side of Beechwalk Drive, north of
Newcombe Drive (Kempsvitle Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
so
Application of Christian Reformed Church o__fVir~inia
Beach for a conditional use ~ermit for a church and
related facilities on a .47-acre parcel located at
the southwest corner of Princess Anne and Corner
Roads (Kempsville Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
Application of George K. Shield, Jr. for a
conditional use ~ermit for a church on a 4.4-acre
parcel located on the south side of Salem Road,
west of Highland Drive (Kempsville Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
ITEM II I. PLANNING ITEMS (Cont'd)
2. New Items (Cont'd)
g. Application of Georqe ~. Shield, Jr., for Bible
B~ptist Church, for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning
Ordinance. They wish to subdivide a 4.4-acre
tract out of an existing farm site in order to
allow the construction of a church. This
property is located on the south side of Salem
Road, west of Highland Drive (Kempsville Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
J. ORDINANCES
Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Butternut Avenue to
Godwin-Ha~m~ond Associates.
Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Barrett Street to
Wayne Associates, Inc.
Ordinance to authorize a temporary encroachment into
a portion of the Wythe Lane to Gary B. Ruffner.
K. APPOINTMENTS
1. Arts and Humanities Commission
2. Development Authority
3. Public Library Board
UNFINISHED BUSINESS
1. Proposed Theme Park - Publicly-owned recreational area
2. Council Subcommittee report: City/school services
M. NEW BUSINESS
N. ADJOURNMENT
1. Motion to adjourn.
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 August 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 Conference
Room, City Hall Building, on Monday, August 10, 1981, at Twelve-Thirty in
the afternoon.
Council Members Present:
E. T. Buchanan, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, Mayor 3. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
John A. Baum, * and F. Reid Ervin
ITEM #17000
Mayor McCoy entertained a motion to permit Council
SESSION to be followed by an EXECUTIVE SESSION for
lng the following:
to conduct its INFORMAL
the purpose of discuss-
2o
o
Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries,
discipling or resignation of public officers, appointees
or employees. ~ersonnel Matters).
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. ~ublicly Held Property).
Consultation with legal Counsel or briefing by staff members,
consultants or attorneys, pertaining to actual or po~ential
litigation, or other legal matters within the jurisdiction
of the public body. (Legal Matters).
8/10/81
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Upon motion.by Councilman Holland,
Council voted to proceed into the
SESSION.
seconded by Councilman Buchanan, City
EXECUTIVE SESSION following the INFORMAL
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, Vice Mayor Harold Haischober, 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:
John A. Baum*, and F. Reid Ervin
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MATTERS BY THE MAYOR
WATER/BIRDNECK POINT
ITEM #17001
Mayor McCoy requested information from the City Manager concerning the
water situation in Birdneck Point.
The City Manager advised Council that the City make modifications to
the Birdneck Point system. Public Utilities began chemical treatment
of the lines this past weekend.
A report was received from the Director of Public Utilities advising the
City Manager that the chemical treatment to the lines was successful, and
there should be considerable improvement in the water system.
The City is replacing some of the pipes in Birdneck; however, by chemically
treating the lines the City should save approximately $200,000.
FARMERS MARKET
ITEM #17002
Mayor McCoy made reference to an article in the newspaper concerning
illegal use of drugs and alcohol at the Farmers Market.
The City Manager advised Council he requested the Director of Agriculture,
Richard Cockrell, to prepare a report on the above matter.
Complaints were from four tenants which does not "make up" one-half of
the Market. The complaints will be investigated by the Police
Department.
It is the City Manager's opinion that the complaints are unfounded; however,
if other tenants in the Market have any information he would very much like
to speak with them.
Vice Mayor Heischober noted that during the Country Hoedowns on Friday
nights, there is considerable traffic congestion and parking problems.
PATIO STRUCTURES
ITEM #17003
Mayor McCoy requested information from the City Attorney on Patio Structures
in the Beach Borough.
The City Attorney advised Council he would be presenting a letter for
discussion during the EXECUTIVE SESSION.
*COUNCILMAN BAUM ENTERED MEETING AT 12:37 p.m.
8/lo/81
TIDEWATER INVESTMENT PROPERTIES ~ ITEM #17004
Mayor McCoy.made reference to a letter received from Martha Clukey
concerning Tidewater Investment Properties requesting the matter
be "rescheduled"
The City Attorney advised Council that the agreement requested by the
Council has been received from Tidewater Investment Properties.
MATTERS BY COUNCIL MEMBERS
CITY TREASURER
ITEM #17005
Councilwoman McClanan made referenced to a letter received from the
City Treasurer in June of 1981 concerning the compliance with the
Code of Virginia (listing of properties).
THE GREATER HAMPTON ROADS
ORGANIZATION
ITEM #17006
Councilwoman Henley made reference t'o a letter received from The Greater
Hampton Roads Organization advising that the U. S. Conference of Mayors
is sponsoring a program entitled "Investment in America's Cities" on
October 26-30, 1981, in Zurich, Switzerland, for the purpose of making
potential foreign investors aware of the opportunities available in
U. S. Cities.
It was noted that the City would not participate in this Program at
the present time. GHRO will represent the City at this conference.
THEME PARK ITEM #17007
Councilman Baum made reference to the Theme Park and advised that it
was his understanding that Council would discuss the matter this week
(August 10, 1981), for action by City Council August 17, 1981.
NEWS ARTICLE
ITEM #17008
Councilman Baum made reference to an article in the VIRGINIA OBSERVER
concerning the firing of Timothy Harris.
8/lO/81
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PRINCESS ANNE ROAD
ITEM #17009
Councilman Buchanan made reference to the need of a bike path on Princess
Anne Road, and requested it be expedited as quickly as possible.
TRASH CONTAINER
ITEM #17010
Casandra Barns, News Reporter, thanked the City Manager for placing a
trash container in front of Galilee Episcopal Church
I N F O RM AL S E S S I O N
EXPEDITE/NEWLIGHT BAPTIST CHURCH ITEM #17011
The City Manager advised he received a request from Newlight Baptist
Church to simultaneously advertise their application for a conditional
use permit to be heard by the Planning Commission and City Council.
Councilwoman Oberndorf advised she would make the motion in the FORMAL
SESSION to expedite this application.
HOME OCCUPATION USE PERMITS
ITEM #17012
The Planning Director presented to Council a report on Home Occupation
Use Permits and advised that it was his understanding that Council has
some concerns regarding "reapplication fees" for Home Occupations.
The Planning Director suggested Council NOT waive the "reapplication
fees" as the Planning Department does utilize all monies received to
advertise, etc.
VIRGINIA VILLAGE ESTATES INC.
ITEM #17013
The Planning Director presented a report to Council on the A-1 Zoning
for Virginia Village Estates Inc., (Marice H. Berk, February 26, 1973).
This matter is on the FORMAL AGENDA
8/10/81
ON-SITE PARKING REgUIREMENTS
ITEM #17014
The City Mamager made reference to a letter received on June 17, 1981,
from Attorney Grover C. Wright, Jr., regarding the parking requirements
of the B-4 Resort-Commercial District of the Comprehensive Zoning
Ordinance for retail commercial property on the West side of Atlantic
Avenue.
The City has a unique situation with the Beach Borough in that the Board
of Zoning Appeals has been routinely granting variances to businesses
which are upgrading their establishments.
The City Manager and Planning Director suggested to Council a new zoning
classification be established for the area between Rudee Inlet and 40th
Street ONLY, requiring identical requirements in the B-4 Zoning District,
but would be known as the B-5 Zoning District, applicable only to the
upgrading of establishments.
DEPARTMENT REQUESTS FOR POSITIONS ITEM #17015
The City Manager briefed Council on department requests for positions
authorized in the budget but needing their approval:
General Services-Print Shop
Department of Agriculture-Farmers Market
Social Services
Social Services
General Registrat
Economic Development-Convention Promotion
Economic Development-Tourism
Economic Development-Tourism
Parks and Recreation Department
Parks and Recreation Department
Parks and Recreation Department
Permits and Inspections
Emergency Medical Services
City Attorney
Department of Public Libraries
Graphics Designer
Full-Time Temporary
Laborers
Eligibility Workers
Senior Social Worker
Clerk Typist I
Secretary I
Production Technician I
Custodial Crew Leader
Part-Time Photo Specialist
Clerk Typist I
Recreation Supervisor I
Zoning Inspector II
Public Education Specialis
Clerk Typists
It was the consensus of Council to permit this matter to be handled
administratively.
8/10/81
-7-
BUSING/SCHOOL BOARD
ITEM #17016
Councilwoman Oberndorf made reference to a letter received from Mrs. Ann
Kirby asking that the City return a portion of the $750,000 to the School
Board and designate that it be used for the busing of children in the
Windsor Woods area, especially those children along South Boulevard.
City Council RECESSED into EXECUTIVE SESSION, (1:45 p.m.)
8/10/81
-8-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 August 1981
2:25 p.m.
Council Members Present:
John A. Bau~ E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClana~ Mayor J. Henry McCo~ Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
F. Reid Erv/n
INVOCATION:
Reverend Fritz Stegemann
Open Door Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
g/10/81
-9-
M I N UTES
ITEM II-D.1/2
ITEM ~/17017
Upon motion by Councilman Buchanan, seconded by Councilman Holland, City
Council voted to APPROVE the Minutes of the Regular Meeting of July 13,
1981; and, the Minutes of the Regular Meeting of August 3, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Bau~ E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor 3. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
8/10/81
-i0-
INTRODUCTION
ITEM II-E.1
ITEM #17018
Mayor McCoy introduced Little Miss Virginia Beach, Cynthia Loraine
Johnson. Miss Johnson is an honor student at Kempsville Meadows
Elementary School; treasurer of the Student Council; Cheerleader;
received Presidential Physical Fitness Award.
Mayor McCoy presented to Miss Johnson a Pin displaying the Lighthouse.
PRESENTATIONS
ITEM II-F.1
ITEM #17019
Mrs. Karen Wells, Tidewater Blood Service, American Red Cross, presented
a plaque to the employees of the City for participating in the semi-annual
Red Cross Blood Drive. The City of Virginia Beach provided one-half day
blood supply for June 16, 1981.
R E S 0 L U T I O N
ITEM II-G.1 ITEM #17020
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution calling for an independent evaluation of the
proposed Federal Aviation Administration/Department of Transportation
regulations pertaining to the use of Washington National Airport.
Voting: 8-2
8/lO/81
-11-
Council Members Voting Aye:
E. T. Buchanan, Vice Mayor Harold Hei$chober, 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. 0berndorf
Council Members Voting Nay:
John A. Batm~ and Patrick L. Standing
Council Members Absent:
F. Reid Ervim
A RESOLUTION CALLING FOR AN INDEPENDENT EVALUATION
OF THE PROPOSED FEDERAL AVIATION ADMINISTRATION/
DEPARTMENT OF TRANSPORTATION REGULATIONS PERTAINING
TO THE USE OF WASHINGTON NATIONAL AIRPORT
WHEREAS, the citizens of the City of Virginia Beach are vitally
interested in the future use of Washington National Airport, and
WHEREAS, the Department of Transportation and the Federal Aviation
Administration proposed rules for this facility which will adverselY affect the
citizens of Virginia both in terms of additional travel time and inconvenience,
WHEREAS, the proposed rules do not appear to accomplish the stated
objective of achieving noise relief for residents near the airport and more
efficiently utilizing Dulles Airport, and
WHEREAS, despite the adverse effects these proposed rules will
have on the economy of this area, the requirement for a Regulatory Impact
Analysis required by Executive Order 12291 has been waived, thereby allowing
these changes to take place without an independent assessment of their true effect,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that they oppose the implementation of the proposed
rules until an independent evaluation can be completed which will objectively
present the impact of these proposed rule changes upon the citizens of Virginia
Beach and upon all those who share our concern about the future use of Washington
National Airport.
Adopted by the Council of the Ci=y of Virginia Beach, Virginia,
on the Tenth day of August, 1981
8/lO/81
-13-
CONSENT AGENDA
ITEM II-H ITEM #17021
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council agreed to separate Items Numbered 1, 2, and 4 from the CONSENT
AGENDA. The remaining items listed as the CONSENT AGENDA were considered
and enacted by ONE MOTION.
Voting: 10-0
Council Members Voting Aye:
John A. Baur~ E. T. Buchanan, 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:
F. Re~ Ervin
8/~o/81
-14-
ITEM II-N. 3
ITEM #17022
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Resolution authorizing the City Manager to execute a deed between the
Armada/Hoffler Company and the City of Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baur~ E. T. Buchanan, Vice Mayor Harold Haischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClana~ Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
8/10/8]
-15-
A RESOLUTION AUTHORIZING
THE CITY MANAGER TO
EXECUTE A DEED BETWEEN
THE ARMADA/HOFFLER COMPANY
AND THE CITY OF VIRGINIA BEACH
WHEREAS,'Armada/Hoffler Company ("Armada") has
requested that the City of Virginia Beach vacate the existing
five (5) foot and seven (7) foot drainage easements which cross
Armada's property as shown on the attached plat entitled "Plat of
Drainage Easement Dedication & Vacation Across Property of
Armada/Hoffler Company Bayside Borough Virginia Beach, Virginia";
and
WHEREAS, in exchange for the vacation of the above
easements Armada will dedicate to the City of Virginia Beach a
twenty (20) foot drainage easement as shown on said plat; and
WHEREAS, the vacation of the existing easements in
exchange for the dedication of the new easement is mutually
beneficial to the City of Virginia Beach and Armada.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
deed releasing to Armada the City's interest in and to the
existing five (5) and seven (7) foot drainage easements in
exchange for the dedication by Armada to the City of Virginia
Beach of a twenty (20) foot drainage easement as shown on the
above described plat attached hereto and made a part hereof.
Adopted by the Council of the City of Virginia Beach,
Virginia, on August 10~ 1981
CMS/da
4/23/81
(1)
8/10/81
-16-
ITEM II-H. 5
ITEM #17023
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance on second reading to appropriate $26,372 for "The Battle
Off the Virginia Capes" Celebration.
Voting: 10-0
Council Members Voting Aye:
John A. Bau~ E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. N. 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:
F. Reid Ervin
8/10/81
-17-
AN O~D/lqANCE TO APPROPR/_A_mE
$26,372 FOR "THE B~a'i'~E OFF
THE VIRGINIA CAPES" ~:,:h~RRATION
WHEREAS, the City of Virginia Beach wishes to celebrate the
anniversary of "the Battle Off the Virginia Capes", and
WHEREAS, the General Ass~nbly has awarded $25,000 to the City
of Virginia Beach for this purpose, and
WHEREAS, estimated revenues frcm the sale of cuL,~norative
medallions and fees frcm the use of a telescope are anticipated in the
~nount of $1,372.
NOW, THEREFORE, BE IT ORDA~/~D BY THE COUNCIL ~F THE CITY OF
That the City Manager is hereby authorized to accept this grant
and collect the above anticipat~ revemues, and funds are hereby appropria~ ·
in the ~aount of $26,372 for "the Battle Off the Virginia Capes" celebration.
That these appropriatic~s be financed by $25,000 estimated ~ue
fr~a the Virginia Independence Bicentennial Oa~lu~ssic~ and $1,372 estimated
revenue frcm the sale of medallions and fees fr~n the use of the telescope.
FIRST READING:
August 3, 1981
SECCND READING: August 10, 1981
Adopte~ by the Council of the City of Virginia Beach, Virginia,
on the Tenth day of August , 1981.
APPROVED AS TO CONTENT
SIGNATU~
D,~PA~TM~.NT
J"'/I' CJ'(
8/10/8].
-18-
ITEM II-H.6 ITEM #17024
Upon motion .by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance on seaond reading to accept a Grant of $3,429.00 from the
Department of Energy and to appropriate $6,858.00 to fund technical
assistance for energy conservation.
Voting: 10-0
Council Members Voting Aye:
Jo}m A. Bantu, E. T. Buchanan, Vice Mayor Harold Heisehober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchir%
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. StamPing
Council Members Voting Nay:
None
Council Members Absent:
F. Re~d Ervin
-19-
AN ORDINANCE TO ACCEPT A GRANT OF
-19-
AN ORDINANCE TO ACCEPT A GRANT OF
$3,429.00 FROM THE DEPARTMENT OF
ENERGY AND TO APPROPRIATE $6,858.00
TO FUND TECHINAL ASSISTANCE FOR
ENERGY CONSERVATION
WHEREAS, the City of Virginia Beach faces a drastic increase in
its electicity rate in 1982; and
WHEREAS, the City of Virginia Beach wishes to reduce energy costs
and increase the efficiency of the energy systems at seven (7) major Municipal
buildings; and
WHEREAS, the Department of Energy has approved funding of $6,858.00
to accomplish the above objective:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
THAT the City Manager is hereby authorized to accept this grant, and
funds are hereby appropriated in the amount of $6,858.00; and
BE IT FURTHER ORDAINED that the appropriation be financed by $3,429.00
estimated revenue from the Department of Energy and a local match of $3,429.00
from the City of Virginia Beach's General Fund Balance.
FIRST READING:
SECOND READING:
ADOPTED:
August 3, 1981
August 10, 1981
August 10, 1981
GGD:JDB:er
7-29-81
-20-
ITEM II-H.7
ITEM #17025
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance on second reading to accept a Grant from the Department of
Corrections totaling $125, 948 and to appropriate these funds; and, to
stablish a COMMUNITY CORRECTIONS RESOURCE BOARD.
Voting: 10-0
Council Members Voting Aye:
John A. Baun~ E. T. Buchanan, 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:
F. Re id Ervin
8/lO/81
-21-
AN ORDINANCE TO ACCEPT A GRANT FROM
THE DEPARTMENT OF CORRECTIONS TOTALING
$125,948 AND TO APPROPRIATE THESE FUNDS
AND TO ESTABLISH A COMMUNITY CORRECTIONS
RESOURCE BOARD
WHEREAS, the Virginia General Assembly has enacted the Community
Corrections Incentive Program which makes funds available to jurisdictions
within the Commonwealth for the purposes of diverting qualified non-violent
offenders from the state penitentiaries for the purpose of rehabilitating
these offenders and allowing them the opportunity to make restitution for
their crimes;
WHEREAS, the City of Virginia Beach is desirous of establishing
such a program; and
WHEREAS, to qualify under the Community Diversion Incentive Act,
localities must establish a local Community Corrections Resource Board;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That there is hereby established the City of Virginia Beach
Community Corrections Resource Board as required under the Department of
Corrections regulations pertaining to the Community Diversion Incentive Act.
2. That the Board shall be composed of at least five (5) members:
two (2) members appointed by the Chief Judge of the Circuit Court; two (2)
members appointed by the Mayor; and one (1) member appointed by the Department
of Corrections. The members shall be appointed for a term of two (2) years.
All terms shall begin September 1, 1981. A chairman shall be selected by the
members from the membership. Vacancies on the Board shall be filled by the
appointing authority within sixty (60) days of such vacancies.
3. That it shall be the duties of the Board to provide an opportunity
for citizen participation in the criminal justice system, represent the program's
philosophy to the community, advocate for better service for clients in the
program, formalize program policies and procedures, oversee administration
of the program and provide to the referring circuit court judge the findings
and recommendations of the Board made on any individuals pursuant to Subsection 6,
Community Diversion Incentive Act of 1980, and determine rational behavior
contacts to be developed between the offenders for participation in the
Community Diversion Incentive Program.
8/10/81
-22-
WHEREAS, the Department of Corrections has approved
necessary funding to accomplish the objectives stated above:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
Grant for the City and funds are hereby appropriated for the following
purposes:
Community Diversion Incentive
Program
Estimated Revenue
from Other A~encies
$125, 948.00
Local Total
Match Appropriations
$0.00 $125, 948.00
BE IT FURTHER ORDAINED that two personnel positions are
hereby authorized for the duration of the Grant to be paid from the
Grant with the class of the employees to be determined by the City
Manager.
FIRST READING:
SECOND READING:
August 3, 1981
August 10, 1981
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of August, 1981
8/ 10'/ 81
-23-
ITEM II-H.1
ITEM #17026
Honorable Owen B. Pickett appeared in behalf of the applicant
--pon motion by Councilman Buchanan, seconded by Councilman Standing, City
ouncil voted to uphold the recommendation of the City Manager and ADOPT
he Resolution regarding the application of Rose Hall Associates Limited
and Amoco Oil Company.
Voting: 9-1
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,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
F. Reid Ervin
s/10/81
-24-
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the council chambers of the Administration Building
on the lo day of August, 1981
On motion by Councilman Buchanan , and seconded by Councilman Standin~
the following resolution was adopted.
RESOLUTION
WHEREAS, on October ll, 1976, the Council of the City of Virginia Beach
approved the application for the rezoning of Rose Holland Associates Limited
Partnership for a 32.459 acre parcel of land on Holland Road to B-2 Community
District, with the restriction that no more than three (3) curb cuts be
permitted for ingress and egress from Holland Road to the said parcel; and
WHEREAS, the said parcel was subsequently subdived by plat entitled,
"Subdivision of Property of Rose Holland Associates Limited Partnership,
Princess Anne and Kempsville Boroughs, Virginia Beach, Virginia," dated
August 2, 1979, which said plat is duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 136,
at page 11; and
WHEREAS, the aforedescribed plat contains on its face a traffic control
easement as follows: "Traffic control easement - no ingress or egress permitted
on Holland Road (access to individual parcels is permitted through or across
other parcels)"; ai~d
WHEREAS, on April 20, 1981, the Council of the City of Virginia Beach
approved the application of Amoco Oil Company for a conditional use permit for
a self-service station on Parcel "E" of the subdivided parcel as aforedescribed;
and
WHEREAS, all of the original 32.459 acre parcel, except Parcel "E," now
utilizes two (2) curb cuts from Holland Road for ingress and egress; and
WHEREAS, Amoco Oil Company has requested that it be permitted to have two
(2) curb cuts from Holland Road to develop its self-service station on Parcel
"E";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
8/lO/8z
-25-
That the request of Amoco Oil Company for two (2) curb cuts for ingress
and egress from Holland Road to Parcel "E," said parcel being as shown on
that subdivision plat recorded in Map Book 136, at Page 11, in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, be granted,
subject to the restriction that one (1) curb cut be used for ingress and one
(1) curb cut be used for egress, all in accordance with an appropriately approved
site plan and identified accordingly, and that the remaining area of the
original 32.459 acre parcel zoned B-2 Community District on October ll, 1976
is restricted to the existing two (2) curb cuts for ingress and egress from
Holland Road, and that the original zoning application of October 11, 1976 be,
and hereby is amended to reflect this Resolution of Council and further that
this Resolution be an amendment to that use permit for Amoco Oil Company granted
April 20, 1981.'
Adopted by the Council of the City of Virginia Beach, Virginia,
~)n the Tenth day of August, 1981.
CS:JAR:kg
8/5/81
8/1o/81
-26-
ITEM II-H.2
ITEM #17027
Attorney Robert B. Cromwell, Jr., appeared in behalf of the applicant
Honorable Owen B. Pickett appeared in behalf of the applicant
--~pon motion by Councilwoman Henley, seconded by Vice Mayor Heischober,
ity Council voted to DEFER FOR TWO WEEKS (August 24, 1981), the
esolution requesting the termination of a use permit by Virginia
Village Estates, Inc.~; and, directed the Planning Department to give
Council a recommendation as to developing this property to A-1 and
a background report on the impact of this zoning. The City Attorney
is to prepare a legal report on this matter as to what is involved
concerning the stipulations of the use permit.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baur~ E. T. Buchanan, 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:
F. Reid Ervin
lO/si
-27-
The Regular Meeting of the Council of the City of
Virginia Beach, Virginia, was held in the Council Chambers of the
City of Virginia Beach on the day of , 1981.
On motion by
adopted.
and seconded by
, the following Resolution was
RESOLUTION
WHEREAS, on January 16, 1973, the Planning Commission
recommended approval of a change of zoning from Residence Duplex
District 2 (R-D 2) to General Industrial District 3 (M-I 3) and a
Use Permit to construct a 400-unit Mobile Home Park on certain pro-
perty located on the North side of Prosperity Road between General
Booth Boulevard and Oceana Boulevard, subject to certain conditions.
Said property containing 85 acres more or less land; and,
WHEREAS, on February 26, 1973, the Council of the City
of Virginia Beach, Virginia, granted approval of the change of zoning
and use permit subject to certain stipulations and conditions; and,
WHEREAS, a total of 23. 731 acres of the original 85 acres
more or less land has been developed as a condominium Mobile Home
Park with 100 mobile home units; and,
WHEREAS, the condominium regime has been terminated as to
the remaining 61. 3 acres of the original 85 acre tract and no additional
units can be added to the condominium Mobile Home Park; and,
WHEREAS, the owner of the subject property voluntarily and
without any element of quid pro quo or coercion, desires to terminate
the use permit for a Mobile Home Park on the remaining undeveloped 61. 3
acre tract and that this property be developed in accordance with its
present zoning of A-1.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the use permit for a Mobile Home Park be and is
hereby terminated on the remaining undeveloped 61.3 acres and that this
property be developed in accordance with its present zoning of A-1.
8/lO/81
-28-
2. That the 23. 731 acres, developed as a Mobile Home
Park will remain subject to the use permit and with a maximum density
of 100 units for the entire 23.731 acres.
3. That paragraphs 1, 2, 3, 4, 5, and 6 of the stipulations
and conditions of the use permit, if not already complied with, shall
continue to apply to the remaining 61.3 acres and the same shall be
developed in accordance therewith, and in addition, in conformity
with existing subdivision and site plan requirements in effect at the
time of said development.
JAR: sj
s/5/si
DEFERRED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, ON THE TENTH DAY OF AUGUST, L(*L.
8/lO/8~
-29-
ITEM II-H.4
ITEM #17028
Upon motion by Councilwoman Henley, seconded by Councilwoman McClanan,
City Council voted to DEFER FOR ONE WEEK (August 17, 1981), the
Resolution allowing charge-offs within several City departments as
uncollectible accounts.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baur~ E. T. Buchanan, Vice Mayor Barold 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:
F. Re id Ervin
8/lO/81
-30-
RESOLUTION
WHEREAS, it is standard accounting procedure to allow
for a charge-off of uncollectible accounts; and,
WHEREAS, an earnest and diligent effort has been made
by City Departments to collect their overdue accounts; and,
WHEREAS, the following accounts which total $100, 183.75
are deemed to be uncollectible:
Public Utilities:
Water usage/Sewer maintenance bills
Main extensions
Police:
Animal Control
False Alarms
Public Works:
Highways
General Services:
Pr int Shop
Mental Health & Mental Retardation
Planning
Data Processing
Total amount to be charged-off
$ 81, 979.02
3, 580.06
325.00
100.00
326.00
297.06
10,198.72
32.00
3,345.89
$100, 183. 75
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the
City of Virginia Beach:
That $100, 183.75 be charged-off as uncollectible accounts
and removed from the City's records.
This Resolution shall be effective for the fiscal year
ending June 30, 1981.
FIRST READING:
SECOND READING:
DEFERRED by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of August, 1981
8/ 10/ 81
-31-
PLANNING AGENDA
ITEM II-I.l.a
ITEM #17029
Upon motion by Councilwoman McClanan, seconded by Councilman Buchanan,
City Council voted to DEFER ONE WEEK the application of TEXACO, INC.,
---'or a Conditional Use Permit, as per the following:
The City Clerk made reference to a letter from J. H. Flippen, Jr.,
Attorney for Texaco, Inc., requesting the application be deferred
until August 17, 1981.
Ordinance upon application of Texaco, Inc., for a
Conditional Use Permit for a gas bar and car wash
on certain property located at the Southeast corner
of South Plaza Trail and Rosemont Road, running a
distance of 178.21 feet along the East side of
Rosemont Road, running around a curve a distance of
16.87 feet, running a distance of 163.77 feet along
the Southern property line (north side of Raintree
Road), running a distance of 200 feet along the
Eastern property line, running a distance of 141 feet
along the South side of South Plaza Trail and running
around a curve a distance of 15.67 feet. Said parcel
contains . 8 acre more or less. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baun~ E. T. Buchanan, Vice Mayor Hmrold 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:
F. Reid Ervin
8/lO/81
-32-
ITEM II-I. 2.a
ITEM #i 70 30
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
Mr. Hudgins appeared in behalf of his application
Commander Curtin, AICUZ Officer, Naval Air Station-Oceana, appeared
in opposition.
Jpon motion by Councilman Buchanan, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of HUDGINS AND ASSOCIATES, INC., for a
Change of Zoning District Classification, subject to the recommended
conditions transmitted in the City Manager's letter, as follows; AND,
the inclusion of the following provision:
Applicant voluntarily agrees to inform tenants
of high noise level in the area.
ORDINANCE UPON APPLICATION OF HUDGINS AND
ASSOCIATES, INC., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-1 APARTMENT
DISTRICT TO A-2 APARTMENT DISTRICT
Z0881593
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hudgins and Associates, Inc., for a
Change of Zoning District Classification from A-1 Apartment District
to A-2 Apartment District on parcels located West of Virginia
Avenue.
Parcel 1: Beginning at the Western extremity of Virginia Avenue
(Unimproved), running a distance of 1930 feet more or less in a
Northwesterly direction, running a distance of 350 feet in a
Northeasterly direction, running a distance of 910 feet in a
Southeasterly direction, running a distance of 400 feet in an
Easterly direction, running a distance of 400 feet in a Southeasterly
direction, running a distance of 44.30 feet in an Easterly direction,
running a distance of 248.92 feet in a Southwesterly direction,
running a distance of 231.18 feet in a Southeasterly direction and
running a distance of 327.69 feet along the West side of Virginia
Avenue (Unimproved).
Parcel 2: Located on the North side of an Unnamed 30 foot Right-
of-Way (Unimproved), beginning at a point 340 feet more or less
West of Indian Road, running a distance of 350 feet along the
Southern property line, running a distance of 180 feet more or
less in a Northwesterly direction, running a distance of 160 feet
more or less in a Northeasterly direction, running a distance of
475 feet more or less in a Southeasterly direction. Said parcel
contains 22.70 acres more or less. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
City water and sewer. A pump station meeting the City's
criteria is required for this site. Sewage should be
pumped via Seatack sewer system to HRSD force main in a
Westerly direction
8/10/81
-33-
3. An adequate storm drainage system with all the necessary
downstream improvements and easements is required.
Prior to the development of this property, the applicant
is to submit to the City an overall development plan for
the entire Salt Marsh development showing an adequate
street and drainage system.
5. Applicant voluntarily agrees to inform tenants of high
noise level in the area.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of August, 1981.
Voting:
7-3
Council Members Voting Aye:
John A. Bau~ E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., Mayor J. Henry
McCoy, Jr., D.D.S., and Patrick L. Standing
Council Members Voting Nay:
W. H. Kitchin, III, Reba S. McClanan~ and Meyera E. Oberndorf
Council Members Absent:
F. Reid Ervin
8/lO/$1
-34-
ITEM II-I. 2.b
ITEM #17031
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heoschober,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of PAUL L. STRASSBERG for a Change of Zoning
~--istrict Classification, subject to the recommended conditions transmitted
n the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF PAUL L. STRASSBERG
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 COMMUNITY-BUSINESS DISTRICT TO A-1
APARTMENT DISTRICT
ZO881594
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Paul L. Strassberg for a Cbmnge of
Zoning District Classification from B-2 Community-Business
District to A-1 Apartment District on certain property located
on the South side of Mill Dam Road beginning at a point 300
feet East of North Great Neck Road, running a distance of 313
feet along the South side of Mill Dam Road, running a distance
of 288.07 feet along the Eastern property line, running a
distance of 309.72 feet along the Southern property line and
running a distance of 288.30 feet along the Western property
line. Said parcel contains 2.05 acres. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
Right-of-way improvements are necessary along Mill Dam Road;
this includes pavement widening, curb and gutter, sidewalks
and drainage facilities.
4. The drainage system is to include an adequate outfall system
with all the necessary downstream improvements and easements.
5. Construction is restricted to townhouses for sale.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Tenth day of August, 1981.
8/i0/81
-35-
Voting: 9-1
iouncil Members Voting Aye:
John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
W. H. Kitchin, III
Council Members Absent:
F. Re id Ervin
8/lO/8z
-36-
ITEM II-I. 2.c
ITEM #17032
Upon motion by Councilman Buchanan, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and permit WITHDRAWAL of the application of CAPE HENRY HARDWARE AND
GENERAL MERCHANDISE STORE, INC., for a Conditional Use Permit, as per
the following:
Ordinance upon application of Cape Henry Hardware and
Merchandise Store, Inc., for a Conditional Use Permit
for a storage yard in conjunction with retail sales on
certain property located at the Southwest corner of
Shore Drive and Ebb Tide Road, running a distance of
260 feet more or less along the West side of Ebb Tide
Road, running a distance of 185 feet more or less
along the Southern property line, running a distance
of 154 feet in a Northerly direction, running a distance
of 30 feet in an Easterly direction, running a distance
of 120 feet more or less in a Northerly direction and
running a distance of 150 feet along the South side of
Shore Drive. Said parcel contains 1 acre. LYNNHAVEN
BORO UGH.
Voting:
10-0
Council Members Voting Aye: (for withdrawal)
John A. Baun~ E. T. Buchanan, 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:
F. Reid Ervin
8/lo/81
-37-
ITEM II-I. 2.d
ITEM #17033
Miss Deborah Juhasz appeared in behalf of her application
Upon motion by Councilwoman Oberndorf, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of DEBORAH DIANE JUHASZ for a Conditional
-~!se Permit, subject to the recommended conditions transmitted in the
~.ity Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF DEBORAH DIANE
JUHASZ FOR A CONDITIONAL USE PERMIT FOR A
HOME OCCUPATION (CANDY MAKING)
RO 881410
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Deborah Diane Juhasz for a Conditional
Use Permit for a home occupation (candy making), on certain property
located on the East side of Beechwalk Drive beginning at a point
344.32 feet North of Newcombe Drive, running a distance of 75 feet
along the East side of Beechwalk Drive, running a distance of 100
feet along the Northern property line, running a distance of 75
feet along the Eastern property line and running a distance of 100
feet along the Southern property line. Said parcel contains .17
acre. KEMP SVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Approval is for a period of two (2) years.
2. Compliance with Article ~ Section 229 of the Comprehensive
Zoning Ordinance pertaining to home occupations.
3. No retail sales are to be conducted on this site.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of August, 1981.
8/lO/81
-38-
Voting: 9-0
Council Members Voting Aye:
John A. Baum~ 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:
E. T. Buchanan*, and F. Reid Ervin
*COUNCILMAN BUCHANAN LEFT COUNCIL CHAMBERS
8/lo/81
-39-
ITEM II-I. 2.e
ITEM #17034
Reverend Ribbons appeared in behalf of the applicant
Upon motion by Councilwoman Oberndorf, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of CHRISTIAN REFORMED CHURCH OF VIRGINIA
BEACH for a Conditional Use Permit, subject to the recommended
---onditions transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF CHRISTIAN REFORMED
CHURCH OF VIRGINIA BEACH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH AND RELATED FACILITIES
R0881411
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Christian Reformed Church of Virginia
Beach for a Conditional Use Permit for a church and related facilities
on certain property located at the Southwest corner of Princess Anne
Road and Corner Road, running a distance of 151.04 feet along the
West side of Princess Anne Road, running a distance of 100 feet more
or less in a Westerly direction, running a distance of 13.45 feet in
a Northwesterly direction, running a distance of 37.17 feet in a
Southwesterly direction, running a distance of 157.11 feet along the
Western property line, running a distance of 114.49 feet along the
South side of Corner Road and running around a curve a distance of
26.15 feet. Said parcel contains .47 acre more or less. KEMPSVILLE
BORO UGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. City water and sewer.
2. Approval of a variance to the 3 acre minimum area requirements
from the Board of Zoning Appeals.
3. Parking is to be provided at a ratio of 1 space per 5 seats or
bench seating spaces in the main auditorium.
4. 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 Tenth day of August, 1981.
8/lO/81
-40-
Voting: 9-1
Council Members Voting Aye:
John A. Baun~ E. T. Buchanan,* Vice Mayor ttarold 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:
F. Reid Ervin
*~COUNCILMAN BUCHANAN RETURNED TO CHAMBERS
8/lo/si
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ITEM II-I. 2.f/g
ITEM #17035
Upon motion by Councilwoman Oberndorf, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the applications of GEORGE K. SHIELD, JR., for a Conditional
Use Permit AND Variance, as per the following:
Ordinance upon application of George K. Shield, Jr., for
a Conditional Use Permit for a church on certain property
located on the South side of Salem Road beginning at a
point 1000 feet more or less West of Highland Drive,
running a distance of 69.76 feet along the South side of
Salem Road, running a distance of 373.50 feet in a South-
westerly direction, running a distance of 311.47 feet in
a Northwesterly direction~ running a distance of 580 feet
in a Southwesterly direction, running a distance of 860
feet along the Southern property line and running a
distance of 376 feet more or less in a Northeasterly
direction. Said parcel contains 4.4 acres. KEMPSVILLE
BOROUGH.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for George K. Shield, Jr., for
Bible Baptist Church. Property located on the South
side of Salem Road, 1000 feet more or less West of
Highland Drive. Plats with more detailed information
are available in the Department of Planning.
The applicant requests a variance to Section 4.40~)
of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning
Ordinance. The applicant wishes to subdivide a
4.4 acre tract out of an existing farm site in order
to allow the construction of a church. This property
is located on the South side of Salem Road, approximately
1000 feet West of Highland Drive.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baun~ E. T. Buchanan, 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:
F. Reid Ervin
8/lO/si
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ENCROACHMENT ORDINANCES
ITEM II-J.1
ITEM #17036
Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager and
"'DOPT the Ordinance to authorize a temporary encroachment into a portion
f the right-of-way of Butternut Avenue to Godwin-Hammond Associates;
ubject to the following provisions:
The sign shall be erected in accordance with the
specifications of the Department of Public Works.
The encroachment shall terminate upon notice of the
City of Virginia Beach and shall be removed at the
applicant's expense within thirty (30) days.
The City shall be held harmless from all liabilities
resulting from this encroachment.
Godwin-Hammond Associates shall execute an agreement
encompassing the aforementioned provisions.
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, 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, Patrick
L. Standing
Council Members Voting Nay:
None
~uncil Members Absent:
John A. Baum*, and F. Reid Ervin
*COUNCILMAN BAUM LEFT COUNCIL CHAMBERS
8/~o/81
-43-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF BUTTERNUT AVENUE TO
GODWIN-HAMMOND ASSOCIATES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Godwin-Hammond Associates is authorized to erect and
maintain a temporary encroachment into the right-of-way of
Butternut Avenue
That the temporary encroachment herein authorized is
for the express purpose of erecting a community identification
sign and that said sign shall be erected in accordance with the
City of Virginia Beach Public Works Department's specifications
as to size, alignment and location, and further that such
temporary encroachment is more particularly described as
follows:
An area of encroachment into a portion of
the City's right-of-way known as
Butternut Avenue, as designated denotes
area of encroachment, as shown on that
certain plat entitled: "Physical Survey
of Lots 18 and 19, Block 1, Jacksondale
for Joe L. Godwin and Anne M. Godwin,
Lynnhaven Borough - Virginia Beach,
Virginia, dated March 6, 1981 a copy of
which is on file in the Virginia Beach
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that such temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Godwin-Hammond Associates and
within thirty (30) days after such notice is given, said
encroachment shall be removed from the City right-of-way of
Butternut Avenue and that the Godwin-Hammond Associates shall
bear all costs and expenses of such removal; and
8/10/81
-44-
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Godwin-Hammond Associates shall indemnify and
hold harmless the City of Virginia Beach, its agents and
employees from and against all claims, damages, losses, and
expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of said encroachment.
AND, PROVIDED FURTHER, this ordinance shall not be in
effect until such time that the Godwin-Hammond Associates
executes an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of August , 19 81 .
MES/re
4/30/81
(29-C)
-2-
8/~o/8~
-45-
ITEM II-J. 2
ITEM #17037
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of Barrett Street to Wayne Associates, Inc. ; subject
to the following provisions:
The sign shall be erected in accordance with the
specifications of the Department of Public Works.
The encroachment shall terminate upon notice of the
City of Virginia Beach and shall be removed at the
applicant's expense within thirty (30) days.
The City shall be held harmless from all liabilities
resulting from this encroachment.
e
Wayne Associates shall execute an agreement
encompassing the aforementioned provisions.
Voting: 10-0
Council Members Voting Aye:
John A. Batm~ * E. T. Buchanan, 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:
F. Reid Ervin
*COUNCILMAN BAUM RETURNED TO CHAMBERS
8/10/si
-46-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF BARRETT STREET TO
WAYNE ASSOCIATES, INC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950,
as amended, the Wayne Associates, Inc., is authorized to erect and
maintain a temporary encroachment into the right-of-way of Barrett
Street.
That the temporary encroachment herein authorized is
for the express purpose of erecting a community identification sign
and that said sign shall be erected in accordance with the City of
Virginia Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary encroachment
is more particularly described as follows:
An area of encroachment into a portion of the
City's right-of-way known as Barrett Street, as
designated denotes area of encroachment, as shown
on that certain plat entitled: "Plat Showing
Proposed R/W Encroachment Easement In Front of
2628 Barrett Street for Wayne Associates, Inc."
dated March 13, 1981, a copy of which is on file
in the Virginia Beach Department of Public Works
and to which reference is made for a more particular
description.
PROVIDED, HOWEVER, that such temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia
Beach to any officer of Wayne Associates, Inc., and within Thirty (30)
days after such notice is given, said encroachment shall be removed
from the City right-of-way of Barrett Street and that the Wayne
Associates, Inc., shall bear all costs and expenses of such removal;
and
9/ 10/ 81
-47-
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Wayne Associates, Inc., shall indemnify and hold
harmless the City of Virginia Beach, its agents and employees from
and against all claims, damages, losses, and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
said encroachment.
AND, PROVIDED FURTHER, this Ordinance shall not be in
effect until such time that the Wayne Associates, Inc., executes an
agreement with the City of Virginia Beach encompassing the aforementioned
provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of A~ust, 1981.
MES/re
4/ 30/81
(29-c)
8/10/81
-48-
ITEM II-J. 3
ITEM #17038
Upon motion by Councilman Buchanan, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to authorize a temporary encroachment into a portion of
the right-of-way of Wythe Lane to Gary B. Ruffner; subject to the
following provisions:
The sign shall be erected in accordance with the
specifications of the Department of Public Wor~ks.
The encroachment shall terminate upon notice of the
City of Virginia Beach and shall be removed at the
applicant's expense within thirty (30) days.
The City shall be held harmless from all liabilities
resulting from this encroachment.
The applicant shall execute an agreement with the
City encompassing the above provisions.
Vot lng: 10-0
Council Members Voting Aye:
John A. Baun~ E. T. Buchanan, 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:
F. Reid Ervin
8/lO/81
-49-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
WYTHE LANE TO GARY B. RUFFNER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in
Section 15.1-89~ Code of Virginia, 1950, as amended, Gary B. Ruffner, Lot 242,
Linkhorn Park Extended is authorized to erect and maintain a temporary encroach-
ment into a portion of the City right-of-way of Wythe Lane.
That the temporary encroachment herein authorized is for the purpose
of erecting fencing and landscaping and that said fencing and landscaping shall
be erected in accordance with the City of Virginia Beach Public Works Department's
specifications as to size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
An area of encroachment as designated on that certain plat
entitled "Site Plan of Lot 242, Map of North Linkhorn Park
Extended, Virginia Beach, Virginia, for C S D Enterprises"
a copy of which is attached hereto and to which reference
is made for a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to Gary B. Ruffner and
that within sixty (60) days after such notice is given said encroachment shall be
removed from the City right-of-way of Wythe Lane by Gary B. Ruffner and that Gary
B. Ruffner shall bear all costs and expenses of such removal; and,
PROVIDED, FURTHER, that it is expressly understood and agreed that
Gary B. Ruffner shall indemnify and hold harmless the City of Virginia Beac~
its agents and employees from and against all claims, damages, losses and expenses,
including reasonable attorney's fees, in case it shall be necessary to file or
defend an action arising out of the location or existence of such fencing and
landscaping; and,
PROVIDED, FURTHER, that this Ordinance shall not be in effect until
such time that the Gary B. Ruffner executes an agreement with the City of Virginia
Beach encompassing the afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the Tenth day of August, 1981.
8/10/81
-50-
A P P 0 I N T M E N T S
ITEM II-K.1
ITEM #17039
Upon motion by Councilwoman Oberndorf, City Council voted to NOMINATE
--~d APPOINT Mrs. Helen Paul to the ARTS AND HUMANITIES COMMISSION to
.11 the unexpired term of Lawrence L. Mednick. Term ending June 30,
~82.
Vo ting: 10-0
Council Members Voting Aye:
John A. Baun~ E. T. Buchanan, 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
uncil Members Absent:
F. Reid Ervin
8/10/81
-51-
ITEM II-K.2
ITEM #17040
Appointments to the DEVELOPMENT AUTHORITY were deferred one week.
ITEM II-K. 3
ITEM #17040 (a)
Upon motion by Councilwoman McClanan, City Council voted to NOMINATE
and APPOINT Mrs. Royana Redon to the PUBLIC LIBRARY BOARD for a term
of three (3) years.
The appointment of Mrs. Redon was AMENDED on August 24, 1981, Item
Number 17088 from September 1, 1981, ending August 31, 1984 TO
March 1, 1982, ending February 28, 1985.
Voting: 10-0
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,
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:
F. Reid Ervin
8/I0/81
-52-
UNFINISHED BUSINESS
ITEM II-L.1
ITEM #17041
The following appeared in favor of the proposed Theme Park:
Mr. John (Jack) Nix, Consultant
Alice S. Mullen requested Council defer until study by
developer is completed
Jerry McDonnell requested Council defer until study by
him is completed
The following appeared in opposition:
Mrs. Helen W. Smith, Co-Chairman of Legislative Committee/
North Virginia Beach Civic League
Nancy Parker, Old Virginia Beach Civic League
Teresa Brock, Bay Colony/Cavalier Park Civic League
Peter Manson, President of Linkhorn Park Civic League
Sam Houston, Mayor's Committee on Aging
It was the consensus of Council that this matter will be placed on the
Agenda of August 17, 1981, for further discussion and Council action.
ITEM II-L. 2
ITEM #17042
Councilwoman Oberndorf advised Council of the meeting of the City/School
Board Subcommittee on Wednesday, August 5, 1981, at 10:00 a.m. The
following Members attended:
Councilwoman Meyera E. Oberndorf
Councilwoman Reba S. McClanan
George L. Hanbury
Dr. Roy Woods
Robert H. Callis, Jr.
Bruce McGuire
8/10/81
-53-
N E W B U S I N E S S
ITEM II-M.1
ITEM #17043
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
'-'.ouncil voted to simultaneously advertise the application of NEWLIGHT
.APTIST CHURCH for a Conditional Use Permit for hearing by the Planning
ommission on September 8, 1981; and, hearing by City Council on
September 14, 1981.
Voting: 10-0
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,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
ouncil Members Absent:
F. Reid Ervin
8/10/81
-54-
ITEM II-M. 2
ITEM #17044
The City Manager advised that on January 12, 1981, City Council heard
the application of R. E. Townsend Estates, T/A Columbus Loop Associates,
for a home for the elderly. At that time, approval by Council was based
upon access to the particular development through two avenues (Constitution
Avenue and Fifth Street). The application stipulated they would be requred
to obtain easements from the Norfolk/Southern Railway Company for Fifth
--~treet and Constitution Avenue; and, install and construct any safety
evices required by the Railway Company.
Subsequent to that approval, Southern Railway has advised they will grant
one (1) access point on Constitution Avenue. Therefore, Council would
have to modify the application approved on January 12, 1981.
It was noted that the applicant will construct a four-lane divided highway
on Constitution Avenue.
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to modify the application of R. E. TOWNSEND ESTATES,
T/A COLUMBUS LOOP ASSOCIATES, approved January 12, 1981, to reflect
approval of one ingress and one egress at Constitution Avenue.
Voting: 9-1
~ouncil Members Voting Aye:
John A. Baun~ E. T. Buchanan, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
F. Reid Ervin
8/10/81
-55-
ADJOURNMENT
ITEM II-N.1
ITEM #17045
pon motion by Councilman Baum, City Council adjourned at 4:35 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges Smith, City Clerk
City of Virginia Beach,
Virginia
Approved with correction of
Stem #17031 and 17040 (a)
17 August 1981 ,~. f~=
24 Ausust 1981 ~~
August 10, 1981
dmh/asd