HomeMy WebLinkAboutJULY 6, 1981 MINUTES
Cit3r C>f @iirlgi@iet
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY M,COY JR.. D.D.S., K-p.@ill, B.-gb
VICE-MAYOR HAROLD HEISCHOBER, Al L.,g,
JOHI,T A. BAUM, Bi-k-1., B...gb
E. T. BUCHANAN, Ly..b.@- B.@.gh
F. REID ERVIN, A@ L.,,,
BARBARA M. HENLEY, P-g. B.@.gh
CL,ARENCE A. HOLLAND, M.D., B.y.id. B ... gh
9'. H. KITCHIN, Ill, Vilgi-i- B--@h B---gh
REBA S. M,CLANAN, Pi.@... A... B...gb
MEYERA E. OBERNDORF, A, L.,g, 212 CITY HAL.I. BUILDING
PATRICK L. STANDING, A, L.,I. MUNICIPAL CENTER
VIRGit4lA BLIACH, VIRGINIA 23456
RUTH HODGES SMITH, Cily Cillk (804) 4r-4303
CITY COUNCIL AGF-NDA
ITEM I INFORMAL SESSION: 12.30 p.m.
A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. matters for discussion by Mayor.
2. matters for discussion by Council.
3. Home Occupation Use Permits: Presentation by Robert J. Scott
4. Improvements to Lookout Road: Presentation by Donald True-
blood, City Engineer
5. Regulation of Peddlers: Discussion of proposed ordinance.
ITEM II FORKAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend William H. Perry
Upper Room Church on the Rock
Church of God in Christ
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 June 22, 1981.
ITEM II E. PRESENTATION
Clean Community Commission
F- CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separate discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.
1. Ordinance to amend and reordain Section 6-85 of the Code of
I
the City of Virginia Beach relating to duty hours of the
Virginia Beach Patrol.
2. Ordinance to amend Chapter 7 of the Code of the City of
Virginia Beach pertaining to bicycles and mopeds.
3. Ordinance to enact Section 38-3 of the Code of the City of
Virginia Beach pertaining to the use of slings or sling-shots.
4. Ordinance declaring certain property excess and authorizing
the City Manager to dispose of same. (Kempsville Road Pro-
ject, Phase 1)
5. Ordinance appointing viewers in the application of Mr. Luigi
Recine for the closure of a portion of Old Holland Road (Kemps-
ville Borough).
6. Request of the City Treasurer for tax refunds in the amount
of $1,161.40.
7. Ordinance, on second reading, to appropriate the Davis corner
Fire Department and Resque Squad, Inc., an amount of $25,000
for an advance life support unit.
8. Ordinance, on secorid readina, to transfer funds of $39,690
and to appropriate funds of $35,310 for payment for the Nor-
folk Adult Offender Transaction Statistics and Management In-
formation System (TRACER), and to appropriate funds of $22,617
for a Tidewater Electronic Network for Police Information Pro-
ject (TENPIN) Project for the period of July 1, 1980 through
June 30, 1981.
9. Ordinance, on second readina, to appropriate $1,000,000 for
Revenue Sharing Funds for the completion of the freshwater well
drilling operations in Western Tidewater.
10. Ordinance, on second reading, to accept funds totalling
$42,467.00 from the Virginia Housing Development Authority and
to appropriate these funds.
ITEM 11 G. PLANNING ITEMS
1. DEFERRED ITEMS
a. Ordinance to amend and reordain Article 2, Section 226 of
the Comprehensive Zoning Ordinance pertaining to borrow
pits.
(Deferred for two weeks on June 22, 1981..)
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for
2. NEW ITEMS
a. Application of a Virginia Corpora-
tion, for a change of zoning from District
to &l on a 3.8-acre parcel located on
the east side of Lawrence Drive, north of Connie Lane
(Bayside Borough).
1. Letter from the City Manager transnlits the recommendation
of the Planning Commission for
b. Application of Develoz>ers, a Virginia General Part-
nership, for a change of zoning from @l Apartment
to kl Community-Business District on a .9-acre parcel located
on the north side of Goodman Road, east of Newtown Road
(Bayside Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
C. Application of Developers, a Virginia General Part-
nership, for a change of zoning from @
to @ Residential on a 36.2-acre parcel located
east of Lawrence Drive, north of Connie Lane (Bayside Borough)
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for
d. Application of U ma Busbee for a change of zoning
from @l District to kl -B
on a .43-acre parcel located at the northwest corner of In-
dependence Boulevard and Lakeside Road (Bayside Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
e. Application of for a change of zoning from
to @l on a .38-
acre parcel located at the northeast corner of South Bird-
neck Road and Lloyd Street (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for
ITEM 11 G. PLANNING ITEMS (continued)
2. NEW ITEMS (continued)
f. Application of AM Sandler for a change of zoning
from L-4 District to kl ty-Business
on a .29-acre parcel located on the west side of First
Colonial Road, no.rth of Wolfsnare Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
g. Application of for a conditional use permit for
a = = A=,@ wash on a .85-acre parcel located at the
northeast corner of Virginia Beach Boulevard and Newtown Road
(Bayside Borough).
1. Letter from the City Manager transutits the recommendation
of the Planning Commission for approval.
h. Application of for a conditional use permit for
a "L k" SS= 2" M" on a .8-acre parcel located on the east
side of Rosemont Road, between South Plaza Trail and Raintree
Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
i. Application of i= A. Bilotta, and Mariann O'Brien for
a conditional use permit for a occupation
ceramics) on an .18-acre parcel located on the west side of
South Plaza Trail, south of Boyd Road (Lynnhaven Borough).
1. Letter fkom the City Manager transmits the recommendation
of the Planning commission for approval.
J. Application of Thomas ZL and for a
conditional use permit for a U= occupation anticue
sales) on a .42-acre parcel located at the southwest corner
of Virginia Beach Boulevard and West Lane (Lynnhaven Borough).
1. Letter from the City Manacjer transmits the recommendation
of the Planning Commission for -
k. Ordinance to amend and reordain Article 9, Section 911 of the
Comprehensive Zoning Ordinance pertaining to use recjulations
for small engine repair in the B-2 Community-Business District.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for
ITEK II G. PLANNING ITEMS (continued)
2. NEW ITEMS (continued)
1. Ap@lication of J= Service,
a conditional use permit for on a 4.7-acre
parcel located at the northwest corner of Pleasure House Road
and Independence Boulevard (Bayside Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for aporoval.
H. ORDINANCES
1. FIRST READINGS
a. Ordinance, on to accept $2,697,000 from the
Department of Housing & Urban Development, to appropriate
these funds, and to transfer $214,484 in reprogrammed funds
from prior years to the current year.
b. Ordinance, on L" , to accept a grant totalling
$125,000 from the Commonwealth of Virginia for the Museum
of Marine Sciences and to appropriate these funds.
c. Ordinance to transfer appropriations within the Co=nunity
Developrftent Program.
2. CITY CODE AMENDMENTS
a. Letter from the City Manager recommends the following Ordi-
naces be adopted:
1. Ordinance to amend and reordain Chapter 31 of the Code
of the City of Virginia Beach by adding Section 31-3
thereto pertaining to 1>enalities for violations of
said chapter.
2. Ordinance to amend and reordain Chapter 31 of the Code
of the City of Virginia Beach by adding Sections
31-2.1, 31-2.2, and 31-2.3 thereto pertaining to
solid waste.
3. Ordinance to amend and reordain Article II Collection
by City, Sections 31-27, 31-29, 31-30, 31-31, and
31-33 of the Code of the City of Virginia Beach per-
taining to solid waste.
4. Ordinance to amend and reordain Article VIII. Depart-
ment of Public Works Section 2-270 of the code of the
City of Virginia Beach relating to composition, powers
and duties of Sanitation Division.
ITEM II R. ORDINANCES (continued)
2. CITY CODE AMENDMENTS (continued)
a. Ordinances (continued)
S. Ordinance to amend and reordain Article VIII Depart-
ment of Public works Section 2-@67 of the Code of the
City of Virginia Beach relating to Divisions estab-
lished.
b. Ordinance to repeal and reserve Chapter 25, Article Ill of
the Code of the City of Virginia Beach pertaining to deal-
ers in precious metals and gems.
c. Ordinance to amend and reordain Section 35-181 of the Code
of the City of Virginia Beach pertaining to admissions tax.
1. APPOINTMENTS
1. Historical Review Board
2. Arts & Humanities Commission
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Baylake Pines Citizens regarding: Lookout Road cul de sac.
L. ADJOURNMENT
1. Motion to adjourn.
NOTE: In accordance with Section 2-20 of the City Cods, City Council
will meet in July only the first and second Mondays: July 6,
and 13, 1981.
ITEM II H. ORDINANCES (continued)
2. CITY CODE AMENDKENTS (continued)
a. Ordinances (continued)
S. Ordinance to amend and reordain Article VIII Depart-
ment of Public works Section 2-267 of the Code of the
City of Virginia Beach relating to Divisions estab-
lished.
b. Ordinance to repeal and reserve Chapter 25, Article Ill of
the Code of the City of Virginia Beach pertaining to deal-
ers in precious metals and gems.
c. Ordinance to amend and reordain Section 35-181 of the Code
of the City of Virginia Beach pertaining to admissions tax.
I. APPOINTMENTS
1. Historical Review Board
2. Arts & Humanities Commission
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Baylake Pines Citizens regarding: Lookout Road cul de sac.
L. ADJOURNMENT
1. Motion to adjourn.
NOTE: In accordance with Section 2-20 of the City Code, City Council
will meet in July only the first and second Mondays: July 6,
and 13, 1981.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
6 July 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, July 6, 1981, at Twelve-Thirty in the
afternoon.
Council Members Present:
P. Reid Ervin, Vice Mayor Harold HeiQchober, Barbara M. Henley,
Clarence A. H@lland, 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 Abseni:
John A. Baum*, and E. T. Buchanan
ITEM #16877
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. Discus8ion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline
or resignation of public officers, appointees or employees
of any public body. (Personnel Matters).
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other
disposition of ptiblicly held property. (Acquisition, use
or disposition of publicly held property).
3. Consultation with legal Cotmsel and briefing by staff.
menbers, consultants, or attorneys pertaining to actual
or potential litigation, or other legal matters within
the jurisdic:tion of the public body. (Legal Matters).
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Upon motion by CouTicilman Standing, seconded by Vice Mayor Heischober,
City Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Jobn A. Baum% and E. T. Buchanan
*COUNCILMAN BAUM ENTERED MEETING AT 12:35 p.m.
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M A T T E R S B Y T H E M A Y 0 R
WATER SITUKTION ITEM #16878
Mayor McCoy asked if the City Manager was going to discuss the water
situation in Executive Session this afternoon.
The City Manager advised Council he would be discussing the matter in
Executive Session.
LETTER/LAUNDRY MATS ITEM #16879
Mayor McCoy advised Council of a letter received from Harold E. Taylor
concerning the water allocation and penalties to self-service (coin-op)
laundries.
The City Manager advised he will be discussing this matter in Executive
Session.
MANAGEMENT STUDY ITEM #16880
Mayor McCoy advised Council of a letter received from Dr. E. E. Brickell,
Superintendent of Schools, requesting a Management Study to combine City
and School Board services be undertaken by a "blue-ribbon" committee of
local citizens, which would constitute no cost to the community insofar
as fees are concerned.
Council was advised that the Committee appointed by the Mayor and School
Board to discuss the possibility of merging City and School services is
to meet on the above matter and report their recommendations to Council
during an August meeting.
The Committee consists of:
Meyera E. Oberndorf, Chairperson
Reba. S. McClanan
George L. Hanbury
E. E. Brickell
Roy Wood
Robert Callis
and was previously appointed by the Mayor February 23, 1981, (Item #16310).
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M A T T E R S B Y T H E C 0 U N C I L M E M B E R S
SUPREME COURT ITEM #16881
Councilman Ervin made reference to a Supreme Court decision whereby
Cities have the right to control billboards. The article in the
newspaper did not explain tbe impact of the decision, and Councilman
Ervin requested the City Attorney to provide Council with a clarification
of the Supreme Court:fs decisibn.
KINGS POINT ITEM #16882
Councilwoman Oberndorf advised Council she received a telephone call
from Mrs. Dempsey, who resides in Kings Point, concerning liens that
have been placed on the properties in the area:
1. The residents in the area had been informed the
ditch was in the Capital Improvements Program
for 1983;
2. If the residents paid their share in advance
would they receive interest on their portion;
and,
3. No contract has been signed with the City and,
therefore, do not understand how liens could
have been taken out against their homes.
The City Attorney advised Council that under a Special Assessment a
contract with the residents was not required.
It was requested the City contact Mrs. Dempsey concerning the above
matter.
I N F 0 R M A L A G E N D A
HOME OCCUPATION USE PERMITS ITEM #16883
The City Manager advised that discussion by Robert J. Scott, Planning
Director, on Home Occupation Use Permit'. will be deferred one week,
(July 13, 1981).
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IMPROVEMENTS TO LOOKOUT ROAD ITEM #16884
The City @anager advised Council of a dangerous curve along Lookout Road,
and cost of improving that portion of the road would be approximately
$ 2 8, 0 00
The residents in the area would like that portion of Lookout Road a
cul-de-sac rather than improvements being made.
Donald Trueblook, City Engineer, presented a report on the matter. This
matter is also on the Formal Agenda under NEW BUSINESS.
REGULATION OF PEDDLERS ITEM #16885
The City Manager discussed the proposed Ordinance (Code Section 33-6)
to regulate peddlers (food vendors, etc.) within the City. The
Ordinance will be presented to Council for their consideration July 13,
1981.
City Council recessed into EXECUTIVE SESSION (1:05 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
6 July 1981
2:15 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbaba M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
E. T. Buchanan
INVOCATION: Reverend William H. Perry
Upper Room Church on the Rock
Church of God in Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
7/ 6/ 81
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M I N U T E S
ITEM II-D.1 ITEM lil6886
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the Minutes of the Regular Meeting of
22 June 1981, with a CORRECTION to Item #16792.
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. R. 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
7/ 6/ 81
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P R E S E N T A T I 0 N S
ITEM II-E.1 ITEM #16887
Mayor McCoy introduced to Council and audience Mrs. Karen Smith, Miss
Wheelchair Virginia 1981. Mr-s. Smith will be competing in the National
Miss Wheelchair Virginia competition in Obio the month of August.
Mrs. Smith thanked the Council for inviting ber to attend the meeting
and expressed several concerns of the handicapped.
ITEM II-E.2 ITEM #16888
Mr. Robert C. Goodman, Chairman of the Clean Community Commission presented
to Mayor McCoy the following Proclamations:
"WHEREAS, Our State of Virginia is endowed with a unique
historical beritage and rich natural beauty, a beauty at times
diminished by careless littering; and,
"WHEREAS, The Tidewater Cities of Hampton, Norfolk, Portsmouth,
Chesapeake, and Virginia Beach share a mutual concern relating to problems
of blight and pollution; and.
"WHEREAS, The Tidewater Peninsula Clean Community Committee
in cooperation with Keep America Beautiful, Inc., Keep American Beautiful,
Inc. and the Division of Litter Control, have initiated an intensive
campaign to improve citizen attitudes and the physical appearance of our
Cities and the entire Tidewater Peninsula area.
"NOW, THEREFORE, We the Mayors of Hampton, Portsmouth, Norfolk,
Chesapeake, and Virginia Beach do hereby proclaim the week of April 11-18,
1981, as :
TIDEWATER PENINSULA CLEAN COMMUNITY WEEK
as we individually and collectively urge all citizens to salute the
observance by participating in activities designed to significantly
reduce or eliminate the litter which detracts from the beauty and
appeal of our communities.
"AND, we appeal for attention to such problems: polluted
waterways and shorelines; street and roadside rubbish, neighborhood
blight and litter conditions of our hometown suburban shopping centers.
"Improvement of such conditions will not only be cost-saving
to the taxpayer, the results will help to restore the beauty of our
communities, stimulate citizen pride and tourism. The effort will
bequeath to our children a cleaner, more beautiful and attractive
Tidewater.
"Given under our signatures this Tenth Day of April, 1981."
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CERTIFICATE OF RECOGNITION
BY THE AUTHORITY VESTED BY
CONSTITUTION IN THE GOVERNOR
OF THE COMMONWEALTH OF VIRGINIA
"THERE IS HEREBY official recognition to Mayor J. Henry McCoy,
Jr., for his part in a cooperative approach by the Cities of Tidewater
to the common community problem of litter during the 1981 Tidewater
Peninsula 'Clean Community Week' for displaying in a positive way his
pride in his Community and in Virginia, and conveying that pride to the
citizens of Virginia Beach."
JOHN N. DALTON
GOVERNOR
C 0 N S E N T A G E N D A
ITEM #16889
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the CONSENT AGENDA, with the axception of
ITEM No. 3, which was DEFERRED FOR ONE WEEK.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Hc)lland, M.D., W. H. Kitchin,
III, Reba S. McClanadl 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
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
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ITEM II-F.1 ITEM #16890
Upon motio n by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance to amend and reordain Section
6-85 of the Code of the City of Virginia Beach relating to duty hours
of the Virginia Beach Patrol.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan,% Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Obemdorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
REQUESTED BY: CITY MANAGER
AN ORDINANCE TO AMEND AND RFORDAIN
SECTION 6-85 OF TRE CODE OF TRE CITY
OF VIRGINIA BEACH RELATING TO DUTY
HOURS OF TRE VIRGINIA BEACH PATROL
BE IT ORDAINED BY TRE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 6-85 of the Code of the City of Virginia Beach,
Virginia is amended and reordained as follows:
Sec. 6-85. Duty hours.
All members of the patrol, or substitute members satisfactory
to the captain, shall be on constant duty each day of the s,@er season
between the hours of 9:30 a.m. and 6:39 6:00 p.m. Hours for meals
shall be so arranged by the captain as to assure proper protection for
swi@prs.
Adopted by the Council of the City of Virginia Beach,
Virginia on: 6 July 1981
JDB:er
6-29-81
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ITEM II-F.2 ITEM #16891
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance to amend Chapter 7 of the Code
of the City of Virginia Beach pertaining to bicycles and mopeds.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. R. Kitchin,
III, Reba S. McClanan*, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Stariding
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
7/ 6/ 81
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AN ORDINANCE TO AMEND CHAPTER 7 OF
THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA PERTAINING TO
BICYCLES AND MOPEDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 7 of the Code of the City of Virginia Beach
is hereby amended and reordained as follows:
CHAPTER 7
BICYCLES AND MOPEDS
ARTICLE I. IN GENERAL
Section 7-1. Definitions.
For the purposes of this chapter, the following words
shall have the meanings ascribed to them in this section, unless
clearly indicated to the contrary:
Bicycle: A-deviee-hav4ng-twe-+2*-er-three-44+-wheele
4ft-a-tandem-er-trieyele-arrangementT-ef-whieh-ene-er-IRere
A device propelled solely
by humah power, having pedals, two or more wheels, and a seat
height of more than twenty-five (25) inches from the ground when
a(djusted to its maximan height.
"Highway' - The entire width between the boundary lines
of every way or place of whatever nature open to the use of the
public for purposes of vehicular travel in this city, including
the streets, alleys and publicly maintained parking lots in the
city.
"Moped" - A-6ieyele-prepelled-]Dy-a-helper-meter-rated
a
bicycle like device with pedals and a helper motor which is rated
at no more than two brake horsepower and which produces speeds up
to a maximum of thirty (30) miles per hour; provided, however,
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such a devise so equipped shall not be operated upon any highway or
publi@ vehicular area of this Commonwealth by any person under the
age of sixteen (16).
I'Vehiclell - Every device in, upon or by which any person
or property is or may be transported or drawn upon a highway,
except devices moved by human power or used exclusively upon
stationary rails or tracks.eind-emeept-any-veh4ele-wh4eh-io
deiined-herein-ea-llb.ieyel-eT"-
Section 7-2. Violations of chapter generally.
Except as otherwise specifically provided, any person who
shall violate any provision of this chapter shall be guilty of a
Class 4 misdemeanor.
Section 7-3. Inspections.
A police officer may, at any time, upon reasonable cause
to believe that a bicycle or moped is unsafe and not equipped as
required by this chapter or that the equipment is not in proper
adjustment or repair, require the person riding the bicycle or
moped to stop and submit the bicycle or moped to an inspection and
such test with reference thereto as may be appropriate.
Section 7-4. Removing, altering, etc., identification numbers.
It shall be unlawful for any person to remove, change,
alter or mutilate any bicycle or moped frame number.
Section 7-5. Dealer not to sell bicycle and moped without
permanent identification number.
No person engaged in the business of selling bicycles or
mopeds at retail shall sell any bicycle or moped, unless the
bicycle or moped has an identifying number permanently stamped or
cast on its frame.
Section 7-6. Record to be kept by dealers in secondhand
bicycles and mopeds.
Every person engaged in the business of buying, selling,
exchanging or trading in used or secondhand bicycles or mopeds
shall keep a record of all such transactions, including the make
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and frame number, and the name and address of the person from whom
purchased or acquired or to whom sold and delivered, as the case
may be, of each bicycle or moped purchased, sold or exchanged.
Such records shall be open for police inspection.
Section 7-7. Dealers not to purchase secondhand bicyles
or mopeds from minors.
It shall be unlawful for any person engaged in the
business of buying, selling, exchanging or trading in used or
secondhand bicycles or mopeds, to purchase any secondhand bicycle
or moped from a person under eighteen (18) years of age.
gection 7-8. Disposition of unclaimed bicycles or mopeds in
custody of police department.
The disposition of unclaimed bicycles or mopeds in the
custody of the police department shall be in accordance with the
provisions of article II of chapter 27 of this Code.
Section 7-9. Rental agencies to comply with equipment
requirements.
A rental agency shall not rent or offer any bicycle or
moped for rent unless the bicycle or moped is equipped with all
equipment required by this chapter.
Section 7-10. Sign Required at moped rental agencies.
Each owner of a business intending to rent or lease
mopeds to the public shall post a clearly legible sign in a
prominent place on his premises where such sign will be seen and
read by a reasonably observant customer. Such sign shall contain
the following information:
(1) Must be 16 years or older to operate moped.
(2) Valid identification required of all customers.
(3) Customers must be familiar with and obey traffic
laws. Violations will be prosecuted by police.
(4). Riding is prohibited on the Boardwalk, beach and
sidewalks.
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-1 6-
Section 7-11. Restrictions on renting mopeds.
It shall be unlawful for an owner, manager, operator or
employee of a moped rental business to:
(1) Lease or rent a moped to any person under sixteen
(16) years of age.
(2) Lease or rent, or offer to lease or rent, a moped
which produces erelinai-y-peelaling speeds in excess of
twenty-+20+ thirty (30) miles per hour on a level
surface.
Section 7-12-7-20. Reserved.
ARTICLE II. REGISTRATION
Section 7-21. Authorized.
Anyone may register a bicycle or moped in the city as
provided in this article.
Section 7-22 Application.
(a) The registration of bicycles or mopeds shall be upon
written application therefor made to the treasurer of the city, on
forms provided for that purpose.
(b) All persons engaged in the business of selling
bicycles or mopeds shall have application forms for registration
available to all persons buying bicycles or mopeds.
Section 7-23. Proof of ownership of bicycle 6r moped if frame
number illegible
reg@ter-the-6ieyele, it shall be unlawful for any person to
remove, change, alter or mutilate any bicycle or moped frame
number.
'Section 7-24. Fee.
The fee for registration of a bicycle or moped under this
article shall be one dollar ($1.00), which fee shall be paid to
the city treasurer at the time of such registration.
-4-
-1 7-
Section 7-25. Issuance of card and decal.
Upon proper application and the payinent of the
registration fee provided for in this article, the treasurer of
the city shall issue to such applicant a bicycle or moped
registration card and a decal, to be affixed to the bicycle or
moped, bearing the registration number assigned to the bicycle or
moped and the name of the City. Handicapped applicants shall so
indicate on the application form and a special plate or tag for
the handicapped shall be issued upon proper application and
payment of the prescribed fee.
Section 7-26-7-28. Reserved.
Section 7-29. Replacement of mutilated, lost or stolen decal.
When any decal issued under this article is badly
mutilated, lost, stolen or misplaced and cannot be found, upon
presentation to the treasurer of the city of satisfactory evidence
of such fact and proof of ownership, together with payment of a
fee of twenty-five cents ($0.25), the treasurer shall issue
another decal and shall change the registration of the bicycle or
moped in question accordingly.
Section 7-30. Records to be kept.
The Treasurer of the City shall maintain a complete
record of all bicycles and mopeds registered pursuant to this
article, showing the name, address, and phone number of the owner
or the parent or guardian of the owner, the make, style and frame
number of such bicycle 0 ed, the number of the decal issued
therefor and a record of all fees collected by him under this
article.
Section 7-31. Disposition of fees.
Fees collected under the terms of this article shall be
used for the purpose of defraying the costs and expenses incident
to the registration of bicycles o eds and for carrying out the
provisions of this chapter.
-5-
-1 8-
Sections 7-32 - 7-45. Reserved.
ARTICLE III. EQUIPMENT AND
OPERATING RULES
Section 7-46. Violations of article.
A violation of any provision of this article shall
constitute a traffic infraction and, unless otherwise specifically
provided, shall be punishable by a fine of not more than one
hundred dollars ($100.00).
Section 7-47. Lights and reflectors.
(a) Every bicycle and moped, when in use between sunset
and sunrise, shall be equipped with a lamp on the front which shall
emit a white light visible in clear weather from a distance of at
least five hundred (500) feet to the front and with a red reflector
on the rear which shall be visible from all distances, in clear
weather, from fifty (50) feet to three hundred (300) feet to the
rear, when directly in front of lawful upper beams of head lamps on
a motor vehicle. A lamp emitting a red light visible in clear
weather from a distance of five hundred (500) feet to the rear may
be be used in lieu of or in addition to the red reflector.
(b) Every bicycle and moped, when in use between sunset
and sunrise, shall be equipped with reflective material of
sufficient size and reflectivity to be visible from both sides for
six hundred (600) feet, when directly in front of lawful lower
beams of head lamps of a motor vehicle, or in lieu of such
reflective material, with a lighted lamp visible from both sides
from a distance of at least five hundred (500) feet.
Section 7-48. Brakes.
Every bicycle and moped, when operated upon a highway
shall be equipped with a brake which will enable the operator to
make the braked wheels skid on dry, level, clean pavement.
Section 7-49. mopeds not to be operated by persons under sixteen.
Mopeds shall not be operated upon any highway or public
-6-
-1 9-
vehicular area of this city by any person under the age of sixteen
(16) years.
Section 7-50. Riding on highways generally; bicycle.and moped
lanes.
(a) Every person operating a bicycle or moped upon a
highway shall ride single file, as near to the right side of the
highway as practicable, exercising due care when passing a
standing vehicle or one proceeding in the same direction.
(b) The city manager may designate a lane for the
exclusive use of bicycles and mopeds. A motor vehicle may enter
or cross this lane for the purpose of access to adjacent property,
but a motor vehicle shall not be driven or parked in this
lane.
Section 7-51. Applicability of traffic regulations to riders.
Every person riding a bicycle or moped upon a highway
within the corporate limits of the city shall be granted all the
rights and shall be subject to all the duties and responsibilities
applicable to the driver of motor vehicles under the laws of the
state and the traffic ordinances of the city, except as to those
provisions which, by their very nature, can have no application.
Section 7-52. Compliance with traffic signals, and police
directions.
Every person riding a bicycle or moped on any highway
shall comply with all traffic signs, signals and lights and with
all directions by voice, hand or otherwise, given by a member of
the poli.ce department of the city.
Section 7-52.1. Left turns by bicycles and mopeds.
A person riding a bicycle or moped intending to turn left
shall approach the turn as close as practicable to the right curb
or edge of the roadway. After proceedinq across the intersectinq
roadway, the rider shall comply with traffic signs or siqnals and-
-7-
20 -
continue his turn as close as practicable to the riqht curb or
edge 6f the roadway being entered.
Section 7-53. Use of seat required; carrying
excess passengers.
(a) A person propelling a bicycle or moped shall not
ride other than upon or astride a permanent and regular seat
attachment thereto.
(b) No bicycle or moped shall be used to carry more
persons at one time than the number for which it is designed and
equipped.
Section 7-54. Rider to keep one hand on handlebars.
No person shall ride a bicycle or moped on any highway
without having at least one of hand upon the handlebars.
Section 7-55. Turn signals.
A signal of intention to turn right or left, when
required, shall be given continuously by a person riding a bicycle
or moped during not less than the last one hundred (100) feet
traveled by the bicycle or moped before turning, and shall
be given while the bicycle.or moped is stopped waiting to turn.
A signal by hand and arm need not be given continuously, if the
hand is needed in the control or operation of the bicycle or
moped.
Section 7-56. Duty to stop before crossing sidewalk or
sidewalk area.
Every person riding a bicycle.or moped out of a lane,
alley or private driveway across a sidewalk or sidewalk area shall
bring such bicycle or moped to a stop before crossing such sidewalk
or sidewalk area.
Section 7-57. Riding on sidewalks.
(a) It shall be unlawful for any person to ride a
bicycle o ed on any sidewalk within the city, except sidewalks
that have been designated as bicycle or moped routes. All
1 -8,
21-
sidewalks adjacent to or within resid,,tial areas are
.hereby
designated as bicycle or moped routes.
(b) The prohibition contained in this section shall not
apply to any person who is handicapped and who has a city number
plate or tag for the handicapped, issued pursuant to article ii
of this chapter, attached to his bicycle or moped.
(C) A violation of this section shall constitute a
traffic infraction punishable by a fine of not less than five
dollars ($5.00) nor more than twenty-five dollars ($25.00).
Section 7-58. Reckless riding; speed.
No person shall ride a bicycle 'or moped recklessly or at
a speed faster than is reasonably proper, or in a manner so as to
endanger the Iife, limb or property of the rider or of any other
person.
Section 7-59. Racing.
(a) Bicycle o ed racing on the highways is
prohibited except as authorized in this section.
(b) Bicycle r moped racing on a highway shall not be
unlawful when a racing event has been approved by the City
Manager on any highway under the jurisdiction of the city.
Approval of bicycle r moped highway racing events shall be
granted only under conditions which assure reasonable safety for
all race participants, spectators and other highway users, and
which Prevent unreasonable interference with traffic flow which
would seriously inconvenience other highway users.
(C) By agreement with the approving authority,
participants in an approved bicycle and moped highway racing
event may be exempted from compliance with any traffic laws
otherwise applicable thereto, provided that traffic control is
adequate to assure the safety of all highway users.
Section 7-60. Clinging to vehicles.
-9-
2 2-
(a) No person riding upon any bicycle or moped, shall
attach the same or himself to any moving vehicle upon a
roadway.
(b) Any person convicted of violating this section
shall be fined not less than two dollars ($2.00) nor more than
twenty-five dollars ($25.00).
Section 7-61. Parking
(a) A person may park a bicycle or moped on a sidewalk
uniess prohibited or restricted by an official traffic-control
device.
(b) A bicycle or moped parked on a sidewalk shall not
impede the normal and reasonable movement of pedestrian or other
traffic.
(c) A bicycle or moped may be parked on the roadway at
any angle to the curb or edge of the roadway at any location
where parking is allowed.
(d) A bicycle or moped may be parked abreast of
another bicycle or bicycles and/or moped or mopeds at any location
where parking is allowed.
(e) A person shall not park a bicycle or moped on a
roadway in such a manner as to obstruct the movement of a legally
parked motor vehicle.
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 6 July 1981
MES/re
6/25/81
(C) 5 T
DEPART,kA!,
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CITY ATT
2 3-
ITEM II-F.3 ITEM #16892
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to DEFER ONE WEEK the Ordinance to enact Section 38-3
of the Code of the City of Virginia Beach pertaining to the use of slings
or sling-shots.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
IIf, 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
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
7/'6/ 91
=24-
AN ORDINANCE TO ENACT SECTION 38-3
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE USE OF SLINGS
OR SLING-SHOTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 38-3 of the Code of the City of Virginia
Beach is hereby enacted as follows:
Section 38-3. Use of slinqs or sling shots.
No person shall use or discharge, within the limits of
the City specified by Section 38-2 to be unlawful for the
discharge of any firearm, any sling or sling-shot made for the
throwing of shot, stones or other missiles. Every person
violating the provisions of this section shall Eay a fine of not
less than $2.00 nor more than $25.00, together with the amount of
the damage, if any, caused by throwinq such missile.
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
DEFERRED BY CITY COUNCIL: July 6, 1981
MES/re
5/29/81
(C)
- 2 5-
ITEM II-P.4 ITEM #16893
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance declaring certain property
excess and authorizing the City Manager to dispo6e of same. (Kempsville
Road Project, Phase I).
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan*, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buc@nan
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
7/ 6/ 81
- 26-
AN ORDINANCE DECLARING CERTAIN PROPERTY
EXCESS AND AUTHORIZING THE CITY MANAGER
TO DISPOSE OF SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS, in connection with the KEMPSVILLE ROAD PROJECT PHASE
I, the City of Virginia Beach acquired certain interest in the following
described property; and
WHEREAS, the City Council is of the opinion that the following
described property is in excess of the needs of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby declared to be
in excess of the needs of the City of Virginia Beach and that the City
Manager is authorized to convey said property in the manner he deems in
the best interests of the City of Virginia Beach reserving therein any
and all easements pertaining thereto.
All that certain lot or parcel of land, belonging,
lying, situated and being in the City of Virginia
Beach, Virginia and designated and described as
"PARCEL 52" containing 0.142 acres as shown on
that certain plat entitled: "PLAT SHOWING
PROPERTY OWNED BY THE CITY OF VIRGINIA BEACH
KEMPSVILLE BOROUGH -- VIRGINIA BEACH, VIRGIflIA,'-
Scale: 1"=25', dated May 4, 1981, prepared by
Bureau of Surveys and Mapping, Engineering Division,
Departnent of Public V)orks, City of Virginia Beach,
Virginia, said plat being attached hereto and made
a part hereof, and to said plat reference is rmde
for a more particular description.
IT BEING, in part, a portion of the land which was
conveyed to the Grantor, City of Virginia Beach,
by order of the Circuit Court of the City of
Virginia Beach, Virginia, entered September 3, 1980,
and rec orded i n the Of f i c e of the C I erk of the
aforesaid Court in Deed Book 2042, at page 208.
2. This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on the
-6th day of July 1981.
GLF/s.i
6/23/81
TID CO"'EliT
A7
42,.
R 4 8 P7
Lz !3 65
6 87'
14
iL
@Ot Er-t T Y DV@'ti Ec, :?Y
THL@- Ct'TY OF ViRGItJIA =-IEACH
- 2 8-
ITEM II-F.5 ITEM #16894
Upon motioh by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance appointing Viewers in the
application of Mr. Luigi Racine for the closure of a portion of Old
Holland Road, in the Kempsville Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Erv@ Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. HDlland, M.D., W. H. Kitchin,
Ill, 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
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
2 9-
ORDINANCE APPOINTING VIENRS
WHEREAS, Luigi Recine has given due and proper notice,
in accordance with the statutes for such cases, made and pro-
vided that he will on the .6th day of July 1981,
apply to the City Council of the city of Virginia Beach, Virginia,
for the appointment of Viewers to view the below-described
property and report in writing to the Council whether, in the
opinion of said Viewers, any inconvenience would result from
the discontinuance of the hereinafter described portion of that
certain street of variable width, and has filed such application
with said Council.
NOW, THEREFORE, be it ORDAINED-by the Council of the
city of Virginia Beach, Virginia:
TELAT C. Oral Lambert
David M. Grochmal
and Robert J. Scott are
hereby appointed to view the below-described property and report
ih writing to the Council on or before , 1981,
whether in their opinion, any inconvenience would result in the
discontinuing and vacating of a portion of that certain stre4t
of variable width located in the city of Virginia Beach, Virginia,
and more particularly described as follows:
BEGINNING at a point in the northern right-of-
way line of Old Holland Road, said po3,.nt being
30-
2
approximately 426.68 feet west from the inter-
section of Old Holland Road and Table Rock Road,
from said point of beginning S 17* 551 00" W, a
distance of 36.72 feet to a point in the southern
right-of-way line of Old Holland Road; thence
turning and running along said right-of-way line
in a westerly direction along an arc to the left
having a radius of 700.00 feet and an arc
distance of 223.57 feet to a point; thence
turning and running in a northerly direction
N 17* 55' 00" E, a distance of 34-92 feet to a
point in the northern right-of-way line of
Old Holland Road; thence turning and running
along said right-of-way line in an easterly
direction S 800 46' 30' E, a distance of 112.93
feet to a point, also in said right-of-way
line; thence continuing along said right-of-
way line S 68* 441 38' E, a distance of 111.00
feet to the point of beginning. Said parcel
being 0.183 acre.
Said parcel of land being a portion of Old Holland
Road and designated as "PARCEL A (OLD HOLLAND ROAD) (0.183
ACRE)" as shown on that certain plat entitled "PLAT SHOWING
PROPERTY TO BE ACQUIRED FROM THE CITY OF VIRGINIA, BEACH,
VIRGINIA BY LUIGI RECINE", dated December 4, 1980, made
by John E. Sirine and Associates, Ltd., which plat is attached
hereto and made a part hereof and intended to be recorded with
the Ordinance closing the aforedescribed street.
31-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS "OLD
HOLLAND ROAD", AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, 'PLAT SHOWING PROPERTY TO
BE ACQUIRED FROM THE CITY OF VIRGINIA
BEACH, VIRGINIA BY LUIGI RECINE', DATED
DECEMBER 4, 1980, MADE BY JOHN E. SIRINE
AND ASSOCIATES, LTD., WHICH PLAT IS
ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEKBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Luigi Recine, also known of record
as Louis Recine, respectfully represents as follows:
1. That pursuant to the provisions of 515.1-364 of
the 1950 Code of virginia, as amended, the petitioner applies
for the vacatinl, closing and discontinuance of a portion-of
that certain street, which is more specifically described as
follows:
BEGINNING at a point in the northern right-of-
way line of Old Holland Road, said point being
approximately 426.68 feet west from the inter-
section of Old Holland Road and Table Rock Road,
from said point of beginning S 17* 55' 00" W, a
distance of 36.72 feet to a point ih the southern
right-of-way line of Old Holland Road; thence
turning and running along said right-of-way line
in a westerly direction along an arc to the left
having a radius of 700.00 feet and an arc
distance of 223.57 feet to a point; thence
turning and running in a northerly direction
N 17* 551 OD" E, a distance of 34.92 feet to a
3 2
2
point in the northern right-of-way line of
Old Holland Road; thence turning and running
along said right-of-way line in an easterly
direction S 800 46' 30" E, a distance of 112.93
feet to a point, also in said right-of-way
line; thence continuing along said right-of-
way line S 68* 441 38' E, a distance of 111.00
feet to the point of beginning. Said parcel
being 0.183 acre.
Said parcel of land being a portion of Old Holland
Road and designated as "PARCEL A (OLD HOLLAND ROAD) (0.183
ACRE)' as shown on that certain plat entitled "PLAT SHOWING
PROPERTY TO BE ACQUIRED FROM THE CITY OF VIRGINIA BEACH, VIR-
GINIA BY LUIGI RECINE', dated December 4, 1980, made by John E.
Sirine and Associates, Ltd., which plat is attached hereto and
made a part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
2. The Petitioner also requests that the parcels
designated as "PARCEL B (0.296 ACRE)" and any portion of "PARCEL
A (OLD HOLLAND ROAD) (0.183 ACRE)" not accruing to the Petitioner
upon closing of the street as shown on the above-mentioned plat,
be declared excess and of no useful purpose to the city of Vir-
ginia Beach, Virginia, and sold to the Petitioner.
3. That no inconvenience will result to any persons
by reason of said closing, vacation and discontinuance of said
street, or by reason of the determination that said parcel is
excess or of no useful purpose to the city of Virginia Beach;
and the Petitioner prays that this Honorable Council appoint
viewers as provided by law to view said platted street proposed
to be closed, and to report in writing to the Council on or
3 3-
3
before the dav of 1981, as to whether, in
the opinion of the Viewers, any inconvenience would result from
the discontinuance and closing of this portion of said street.
4. That on the. llth day of June 1981,
Notice of the presenting of this Application was posted at the
Courthouse of the Circuit Court of the city of Virginia Beach,
Virginia, on the premises to be closed and at the City Hall
Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia,
as evidenced by the Affidavit attached hereto, and a copy of
said Notice.
S. That the Petitioner and the City of Virignia.Beach,
Virginia are fee sinple owners of all land along and adjacent to
and affected by said portion of the platted street to be closed
and said parcel to.be declared excess, and consequently, your
Petitioner and the City of Virignia Beach, Virginia are the only
landowners affected by this Petition.
Respectfully submitted,
LUIG@REC-IN@
EricA. @er, Esq.
CLARK & STAM, p.C.
211 ke Three Building
Virginia Beach, Virginia @3462
34-
CERTIFICATE OF VESTING OF TITLE
I, Eric A. Hauser, attorney for Luigi Recine, does
hereby certify that:
1. I am an attorney at law and represent Luigi Recine,
the petitioner.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said
property will vest in Luigi Recine and the City
of Virginia Beach, Virginia, the adjacent landowners.
The said property referred to herein is hereby described
as follows:
Parcel A (Old Holland Road) (0.183 Acre),
as shown on that certain plat entitled
"PLAT SHOWING PROPERTY TO BE ACQU.IRED F..ROM
THE CITY OF VIRGINIA BEACH, VIRGINIA BY
LUIGI RECINE', dated December 4, 1980,
made by John E. Sirine and Associates, Ltd.
CLARK & STANT, P.C.
By
Er,fc A. Hauser, Esq.
- 35-
ITEM 11-F. 6 ITEM #16895
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance authorizing tax refunds in
the amount of $1, 161.40.
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. McClananl% 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
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
36 -
6/10/81 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION.OF TliE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonam- 1):tl Penalty lnt. Total
Year of Tax Number tion No. P id
Mark F Rayome 81 pp 99278 5/12/81 125.58
Frank Vallejo &Rosemary K 81 pp 123774 5/6/81 71.22
Charles Salle 80 pp 99248 5/22/80 83.46
J H Bouwnan 80 pp 131818 11/5/80 100.98
Jornshid Bahrami 81 pp 5315 5/5/81 68.16
David 0 Tomasko 80 pp 133623 11/28/80 105.30
Kenneth Slater 81 pp 110926 5/12/81 54.66
Kenneth Slater 81 pp 110927 5/12/81 88.44
M & R Realty Corporation 81 RE@1/2) 47059-3 12/5/80 26.80
Dr Karl Busch 81 RE 1/2) 10885-1 11/28/81 396.64
Dr Karl Busch 81 RE(1/2) 84448-6 11/28/81 40.16
-Total 1,161.40
JUN I 11931
r)c-r P T. C)
This ordinance shall be effective from date of adoption.
Tlie above abatement(s) totaling Cer to paymerlt;
1, 161. 40 were approved by
the Council of the City of V inia
Beach on the 6 day of Jiri -i I [@
y
Approve"s to
Ruth Hodges Smith
City Clerk
y
- 3 7-
ITEM II-F. 7 ITEM #16896
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance on SECOND READING to
appropriate the Davis Corner Fire Department and Rescue Squad, Inc.,
an amount of $25,000 for an advance life support unit.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, 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., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
7/ 6/ 81
3 8-
AN ORDINANCE TO APPROPRIATE TO THE
DAVIS CORNER FIRE DEPARTMENT AND
RESCUE SQUAD, INC., AN AMOUNT OF
$25,000 FOR AN ADVANCE LIFE SUPPORT
UNIT
WHEREAS, the Davis Corner Fire Department and Rescue Squad,
Inc., has identified the need to replace a life support unit; and
WHEREAS, a new advance life support unit which will better
serve the needs of the citizens within the service area will cost
approximately $25,000; and
WHEREAS, the Davis Corner Fire Department and Rescue Squad,
Inc., has requested $25,000 for this purpose; and
WHEREAS, City Council considers it appropriate to make this
amount available for such a purpose.
I
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT funds of $25,000 be appropriated from the General Fund
Balance to the Davis Corner Fire Department and Rescue Squad, Inc., for
the purchase of an advance life support imit. It is anticipated that
these funds will be repaid on the following schedule.
July 1, 1982 $ 8,500
July 1, 1983 8,500
July 1, 1984.' 8,000
Total $25,000
This ordinance shall be in effect from and after
date of adoption.
FIRST READING: 22 June 1981
SECOND READING: 6 July 1981
APPP,OVED A- TO CONTEP,'T
51 NAT@.,E
3 9-
ITEM II-F.8 ITEM #16897
Upon motion by Councilman Standing, seconded by Qouncilwoman Oberndorf,
City Council voted to ADOPT the Ordinance on SECOND READING to transfer
funds of $39,690 and to appropriate funds of $35,310 for payment for
the Norfolk Adult Offender Transaction Statistics and Management In-
formation System (TRACER), and to appropriate funds of $22,617 for a
Tidewater Electronic Network for Police Information Project (TENPIN
Project)for the period of July 1, 1980 through June 30, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanant 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
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
-40-
AN ORDINANCE TO TRANSFER FUNDS OF $39.690 AND TO
APPROPRIATE FUNDS OF $35,310 FOR PAYME)QT FOR TH]E
NORFOLK ADULT OFFENDER TRANSACTION STATISTICS
AND MANAGEMENT I'NFORMATION SYSTEM (TRACER),
AND TO APPROPRIATE FUNDS OF $22,617 FOR A
TIDEWATER ELECTRONIC NETWORK FOR POLICE
INFORMATION PROJECT (TENPIN PROJECT) FOR THE
PERIOD JULY 1, 1980, THROUGH JUNE 30,1981.
WHEREAS, the City of Virginia Beach contracts with the City of Norfolk to
participate in both the Norfolk Adult Offender Statistics and Management Information
System (TRACER) and the Tidewater Electronic Network for Police Information Project
(TENPIN Project).
WHEREAS, the City of Norfolk has substantially increased its charges to the
City of Virginia Beach for TRACER and TENPIN for the fiscal year July 1, 1980, through
June 30, 1981.
WHEREAS, the amount of $39,690 had been transferred to the Department of
Data Processing and encumbered for the purchase of a disc scanner and interactive
software for the Department of Public Works, and that these items are no longer required.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the amount of $39,690 previously allocated for a disc scanner and
interactive software be reahocated for payment of TRACER, and that $35,310 be
appropriated from the General Fund balance for use of Norfolk's Adult Offender
Transaction Statistics and Management Information System (TRACER) for the contract
period July 1, 1980, through June 30, 1981; and that the amount of $22,617 be
appropriated from the General Fund balance for use of Norfolk's Tidewater Electronic
Network for Police Information Project (TENPIN Project) for the contract period
July 1, 1980, through June 30, 1981.
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is authorized to enter into contracts with the City of
Norfolk to participate in both TRACER and TENPIN.
APP@-IVEP. !.f
This ordinance shall be in effect from the date of its adoption.
DcPAP,-,,
First Reading: 22 June,1981 A
Second Reading: 6 j,,Iv; 1981
VCITY AT'@'O'.U@EY
Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 day
of July, 1981.
- 41-
ITEM II-F.9 ITEM #16898
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance on SECOND READING to appropriate
$1,000,000 for Revenue Sharing Funds for the completion of the freshwater
well drilling operations in Western Tidewater.
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. McClananl% 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
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
7/ 6/ 81
4 2-
AN ORDINANCE TO APPROP-RIATE
$1, 000, 000 OF REVENUE SHARING
FUNDS FOR THE COMPLETION OF
THE FRESHWATER WELL DRILLING
OPERATIONS IN WESTERN TIDEWATER
WHEREAS, an emergency water shortage exists within the City of
Virginia Beach, and
WHEREAS, City Council has previously provided $1, 000, 000 of the
$2, 000, 000 estimated cost of the freshwater wezl drilling operations in western
Tidewater, and
TVHEREAS, $1, 000, 000 in General Revenue Sharing funds are available
to complete the well drilling operations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $1, 000, 000 in General Revenue Sharing Funds be appropriated for
completion of the freshwater well drilling operations in western Tidewater.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Sixth day of July 1981.
FIRST READING: 22 June 1981
SECOND READING: 6 July 1981
4 3-
ITEM II-F.10 ITEM #16899
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance on SECOND READING to accept
funds totaling $42,467.00 from the Virginia Housing Development Authority
and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. McClananl% 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
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
7/6/81
- 4 4-
AN ORDINANCE TO ACCEPT FUNDS
TOTAL3NG $42,467.00 FROM THE
VIPGINIA HOUSTNG DEVELOPHENT
AUTHORITY AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the City of Virginia Beach has participated and wishes
to continue its participation in the Sectian 8 Housing Program; and
WHEREAS, the City of Virginia Beach has entered into an agreement
with the Virginia Housing Development Authority (VHDA) to participate in
the program; and
WHEREAS, the Office of Housing and Community Development has been
designated to administer the program, which will assist in housing the under-
privileged.
NOW, THEREFORE, BE IT ORDAN= BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, V33LGINIA:
That the City Manager is hereby authorized to accept funds for the
city, and funds are hereby appropriated for the following purpose:
Section 8 Housing @42,467.00
BE IT FURTHER ORDAINED that the appropriations will be financed by
$42,467.00 estimated revenue from VHDA, with no local match required, and
That two personnel positions are hereby authorized for the duration
of the funding, to be paid from the funds, with the class of the employees
to be determined by the City Manager, and
That the purchase of an automobile for use by the Program Specialist
from these funds, as budgeted by VUA, is authorized.
FMST @ING: 22 Tl,n@ I ORI
SECOND READING: 6 July 1981
Adopted by the Council of the City 6f Virginia Beach, Virginia
on this Sixth -day of July 11981.
APPROVCD AS TO CONTENT
S;GNATURE
- 4 5-
P L A N N I N G A G E N D A
ITEM II-G.I.a ITEM #16900
Mr. Arthur Riddell, representing Homestead Community and surrounding
neighborhoods, appeared in favor of the proposed Ordinance.
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Ordinance to amend and reordain
Article 2, Section 226 of tbe Comprehensive Zoning Ordinance pertaining
to Borrow Pits, with the following amendment:
(4) Effect of the proposal as a potential health
and or safety hazard.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,.
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members- Absent:
E. T. Buc@nan
4 6 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 226
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO BORROW PITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 226, Borrow Pits, of the C.Z.O. is amended and
reordained as follows:
226. Borrow Pits
(a) Application. Each application for a use permit for a borrow pit
shall include the following information in addition to the
general infortnation required by this ordinance.
(1) A boundary survey of the subject property, together with
the proposed location of the limits of excavation;
(2) The means of vehicular access to the proposed excavation;
(3) The number of cubic yards to be excavated;
(4) The areas proposed for the storage of overburden and other
spoil during the process of excavating;
(5) The proposed date on which excavating will comence, the
proposed date on which the excavation will be completed
and the proposed date that all required restoration measures
are to be completed;
(6) The location of all haul roads leading to public streets and
highways on site;
(7) A statement listing the public streets and highways to be
used as haul routes;
(8) A plan showing the proposed use of the property once excava-
tion has been completed, including the location of proposed
lots, streets, structures, and other features;
(9) A plan for filling of the bor if is intended,
n has been comprow '!t'No in the :nrr
once excavatio lted f!ht;s g of ow
pit will be allowed u ess plans tor the til1ing ha ve b:
a n amendment to
t@prov: Citty Council as a Rart of or as a
e us P:y
rm, application, and until the City Engi er has
issued a fill permit for such activity.
7/ 6/ 81
4 7-
(b) Special requirements
(1) Undrained pockets and stagnant pools resulting from surface
drainage shall be sprayed in accordance with requirements
of the State Board of Health to eliminate breeding places
for mosquitoes and other insects.
(2) Off-street parking areas adequate for all employees' vehicles
and trucks shall be provided.
(3) The edge of the area to be excavated shall be located at least
one hundred feet from all exterior property lines. The set-
back area shall not be used for any purpose during the period
of excavation, including overburden and spoil storage, except
the setback area may be used for access roads. Exterior
limits of all work shall be monumented with iron markers no
less than five feet above surface of the earth.
(4) Access roads. Access roads to any excavation where hauling
is being conducted shall be maintained in a dust-free manner.
All access roads shall be constructed so as to intersect
as nearly as possible at right angles with public streets
and highways and no access road shall intersect any public
road at any angle of less than sixty degrees.
(5) Operating hours. Operating hours of excavating shall be
restricted to between 7:00 A.M. and 7:00 P.M. No Sunday
operations shall be permitted.
(6) Construction of buildings. All buildings used for the
production and processing of excavated material shall be
constructed and maintained as required by the Building Code-
of the City.
(7) Roadside landscape. Existing trees and ground cover along
public street frontage shall be preserved and maintained,
and replaced during the period of excavation if the appro-
priate City authorities deem it necessary.
(8) Excavation permit. No excavation on ihe site shall commence
until an excavation permit has been received from the Depart.
ment of Public Works, and all requirements of Chapter3O of
the City Code have been complied with.
(c) Factors relatinq to approval. Before issuinq anv use permit for
zne excavation or fill of a borrow Pit, the @it@'Council sha@
give due considera ion to the tol
(1) Effect of the undwater suDDIV and drainaae
Tn-the Irea;
(2) Effect of the Proposal upon the city streets of the area.
including, but the ?actor of raffic saf@tY',
7/ 6/ 81
-4 8-
(3) Impact from noise, dust, odor, or other nuisance, upon
surrounding properties;
(4) Effect of the proposal as a potential health or safety
hazard.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the Sixth day of July 1981.
APKO,.IZZ AS Tr, CC-N'T:NT
-Y
7/ 6/ 81
4 9-
ITEM II-G.2.a/b/c ITEM #16901
Attorney Robert B. Cromwell, Jr., appeared in behalf of the applicant.
Upon motion by Councilman Holland ' seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendations of the Planning
Commission and APPROVE the applications of JAMAR ENTERPRISES, LTD, and
NEWTOWN DEVELOPERS, for Changes of Zoning, subject to the recommended
conditions transmitted in the City Manager's letter, as follows:
ORDINANCE TJPON APPLICATION OF JAMAR W781585
ENTERPRISES, LTD., A VIRGINIA
CORPORATION, FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6
RESIDENTIAL DISTRICT TO R-8 RESI-
DENTIAL DISTRICT
BE IT ORDAINED BY THE COLINCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Jamar Enterprises,
Ltd., a Virginia Corporation, for a Change of
Zoning District Classification from R-6 Resi-
dential District to R-8 Residential District on
certain property located on the East side of Lawrence
Drive beginning at a point 600 feet more or less
North of Connie Lane, rt=ing a distance of 20 feet
along the East side of Lawrence Drive, rtmning a
distance of 503 feet in a Southeasterly direction,
rtmning a distance of 312.37 feet in a Northeasterly
direction, running a distance of 472 feet in a South-
easterly direction, rtmning a distance of 316.2 feet
in a Southwesterly direction and rtmning a distance
of 979 feet in a Northwesterly direction. Said
parcel contains 3.8 acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions in
conjtmction with the intended use of the land:
1. Standard improvements as required by the Subdivision
Ordinance.
2. City water and sewer.
3. The developer is to provide adequately paved
access to this site whicb includes ctwb and gutter,
sidewalk, and storm drainage facilities.
4. An adequate drainage outfall system with all the
necessary downstream improvements and easements is
required.
5. Storm water re.tention will be necessary with
this site.
6. A variable dedication along Lawrence Drive.
7. The applicant voltmtarily agrees to submit an
instrument for recordation restricting tbe develop-
ment to single-family detached dwellings at a density
of 4.5 units per acre. This document is to be
recorded in the Office of the Clerk of Circuit Court.
This Ordinance shall be effective from date of adoption.
Ado ted b the
- 50 -
ORDINANCE UPON APPLICATION OF NEWTOWN Z0781586
DEVELOPERS, A VIRGINIA GENERAL PARTNER-
SHIP FOR A CHANGE OF WNING DISTRICR
CLASSIFICATION FROM A-1 APARTMENT
DISTRICT TO B-2 COMMUNITY-BUSINESS
DISTRICT
BE IT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINIA
BEACH, VIPGINIA:
Ordinance upon application of Newtown Developers,
a Virginia General Partnership, for a Change of
Zoning District Classification from A-1 Apartment
District to B-2 Commtmity-Business District on
certain property located on the North side of
Goodman Road beginning at a point 257.5 feet East
of Newtown Road, running a distance of 278.8 feet
along the North side of Gocdman Road, running a
distance of 295.6 feet along the Eastern property
line and running a distance of 404.1 feet in a
Southwesterly direction. Said parcel contains
.9 acre. BAYSIDE BOROUGH.
Approval is subject to the following provisions
in conjtmction with the intended use of tbe
land:
1. Standard improvements as required by the
Site Plan Ordinance.
2. City water and sewer.
3. The developer is to install improvements to
cul-de-sac the existing Goodman Road from the
West.
4. An adequate drainage outfall system with the
necessary downstream improvements and easements
is required.
5. Storm water retention will be necessary with
this site.
6. Dedication of a cul-de-sac with a 50-foot
radius on Goodman Road.
7. A variable dedication along Goodman Road.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of July, 1981.
-51-
ORDINANCE TJPON APPLICATION OF NEWTOWN Z0781587
DEVELOPERS, A VIRGINIA GENERAL PARTNER-
SHIP FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 RESIDENTIAL
DISTRICT TO R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COTJNCIL OF TBE CITY OF
VYRGINIA BEACH, VIRGINIA:
Ordinance upon application of Newtown Developers,
a Virginia General Partnership, for a Change of
Zoning District Classification from R-6 Resi-
dential District to R-8 Residential District on
certain property located 970 feet more or less
East of Lawrence Drive beginn@g at a point 640
feet more or less Nortb of Connie Lane, running
a distance of 626.80 feet in a Northeasterly
direction, running a distance of 750.6 feet in a
Southeasterly direction, running a distance of
579.1 feet in a Northeasterly direction, running
a distance of 500.5 feet in a Southeasterly
direction, running a distance of 1400.2 feet in
a Southerly direction and running a distance of
2170.4 feet in a Northwesterly direction. Said
parcel contains 36.2 acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions
in conjunction with the intended use of the
land:
1. Standard improvements as required by the
Subdivision ordinance.
2. City water and sewer.
3. The developer is to provide adequately paved
access to this site which includes curb and gutter,
sidewalk, and storm drainage facilities.
4. An adequate drainage outfall system with all
the nec6ssary downstream improvements and ease-
ments is required.
5. Storm water retention will be nec:essary with
this site.
6. Hydrology studies will be required to support
drainage design.
7. A 60-foot right-of-way dedication for Goodman
Road Extended.
B. A 50-foot right-of-way dedication along the
Western botmdary of the site.
9. The applicant voltmtarily agrees to submit
an instrument for recordation restricting the
development to singl@-family detached dwellings
at a density of 4.5 units per acre. This
document is to be recorded in the Office of the
Clerk of Circuit Court.
This Ordinance shall be effecti@e ftom date of adoption.
Adopted by the Council of the City of Virgini-a Beach, Virginia,
on the Sixth day of July, 1981.
.- @i,@ @
5 2-
Voting: 7- 3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, W. H. Kitchin, III, Mayor J. Henry
McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
E. T. Buchanan
-53-
ITEM II-G.D ITEM #16902
Ed Busbee appeared in behalf of his application
TJpon motion by Councilman Holland, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the Planning Commission and
DENY the application of ED AND MARTHA BUSBEE for a Change of Zoning
District Classification, as per the following:
Ordinance upon application of Ed and Martha Busbee
for a Change of Zoning District Classification from
0-1 Office District to B-2 Commmity-Business District
on certain property located at the-Northwest corner of
Independence Boulevard and Lakeside Road, running a
distance of 80 feet along the West side of InAependence
Boulevard, running around a curve a distance of 69.48
feet, running a distance of 124.26 feet along the North
side of'Lakeside Road, running a distance of 125 feet along
the Western property line and running a distance of 160
feet along the Northern property line. Said parcel contains
.43 acre more or less. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Hnley, 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 Meinbers Absent:
E. T. Bur-hanan
5 7-
Voting: 6-4
Council Members Voting Aye:
John A. BauN F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, M.D., Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
E. T. Buchanan
- 5 8-
ITEM II-G.2.g ITEM #16905
Attorney J. H. Flippen appeared in behalf of the applicant
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of TEXACO, INC., for a Conditional
Use Permit, subject to the recommended conditions transmitted in the
City Manager's letter, with the inclusion of the following wording to
provision eight and ten:
(8) The two curb-cuts are to be allowed on both Virginia Beach
Boulevard and Newtown Road, provided each is a maximum
of 24 feet in width and marked appropriately for in-only
and out-only traffic. If only one curb-cut is intended,
it is to be a maximum of 35 feet in width --- TO
BE HANDLED BY ADMINISTRATIVE REVIEW.
(10) Standard right-of-way improvements along this site's
frontage on Newtown Road and Virginia Beach Boulevard
are to be installed in accordance with the approved
Newtown Road and Virginia Beach Boulevard project
designs -- TO BE HANDLED BY ADMINISTRATIVE REVIEW.
ORDINANCE UPON APPLICATION OF TEXACO, INC. R0781404
FOR A CONDITIONAL USE PERMIT FOR A GAS BAR
AND CAR WASH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Texaco, Inc., for a
Conditional Use Permit for a gas bar and car wash
on certain property located at the Northeast corner
of Virginia Beach Boulevard and Newtown Road, running
a distance of 200 feet more or less along the North side
of Virginia Beach Boulevard, running a distance of 200
feet along the Eastern property line, running a distance
of 251 feet along the Northern property line and running
a distance of 200 feet more or less along the East side
of Newtown Road. Said parcel contains .85 acre. BAYSIDE
BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. Compliance with Article 2, Section 224 of the
Comprehensive Zoning Ordinance pertaining to
Automobile Service Stations.
4. Parking at a ratio of 3 spaces for each car wash
space within the facility.
-59-
5. No water shall be permitted to fall upon or drain
across public streets or adjacent properties.
6. The recycling of water in accordance with the City
Code.
7. A variable width right-of-way dedication along both
Virginia Beach Boulevard and Newtown Road as shown on
the Virginia Beach Boulevard plans on file in the City
Engineer's Office.
8. The two curb-cuts to be allowed on both V:Lrginia Beach
Boulevard and Newtown Ruad, provided each is a maximum of
24-feet in width and marked appropriately for in-only and
out-only traffic. If only one curb-cut is intended, it
is to be a maximtm of 35 feet in width TO BE HANDLED
BY ADMINISTRATIVE REVIEW.
9. An adequate drainage outfall system with all the
necessary downstream improvements and easements is
required.
10. Standard right-of-way improvements along this
site'g frontage on Newtown Road and Virginia Beach
Boulevard are to be installed in accordance with
the approved Newtown Road and Virginia Beach
Boulevard project designs --. TO BE HANDLED BY
ADMINISTRATIVE REVIEW.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of July, 1981.
- 54-
ITEM #II-G.2-e ITEM #16903
Attorney Michael Inman appeared in behalf of the applicant
Mr. John Perry, Colition of Minority Civic Leagues, appeared in
favor.
Mr. Benjamin Moore, Director, Housing and Community Development.
Mr. Jack Osmond, owner of adjoining property
The following appeared in opposition:
Nathaniel Tucker, Seatack Civic League
Commander Curtin, Oceana Naval Air Station, AICUZ Officer
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of MARVA MITCHELL for a Change of Zoning
District Classification, subject to the recommended conditions trans-
mitted in the City Manager's letter, as follows, including two (2)
additional provisions:
(4) A five-foot dedication along Lloyd Avenue
(5) Applicant voluntarily agrees to put in
writing that the apartments are in Noise
Zone Three
ORDINANCE UPON APPLICATION OF MARVA MITCHELL Z0781588
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5 RESIDENTIAL DISTRICT TO 0-1 OFFICE
DISTRICT
BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Marva Mitchell for a
Change of Zoning District Classification from R-5
Residential District to A-1 Apartment District on
certain property located at the Northeast corner
of South Birdneck Road and Lloyd Street, running a
distance of 119 feet along the East side of South
Birdneck Road, running a distance of 187 feet along
the Northern property line, rimning a distance of
100 feet along the Eastern property line and running
a distance of 122.5 feet along the Southern property
line. Said parcel contains .38 acre. LYNNHAVEN
BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvenents as required by the Site
Plan Ordinance.
2. City water and sewer.
3. A 15-foot dedication along South Birdneck
Road.
4. A five-foot dedication along Lloyd Avenue.
5. Applicant voluntarily agrees to put in
writing that the apartments are in Noise
5 5-
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Bucbanan
- 56-
ITEM II-G.2.f ITEM #16904
Harry Sandler appeared in behalf of the applicant
Mr. Jack Osmond appeared on this matter
Mrs. Martha Clukey appeared requesting 0-1 Office District
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of REBA S. AND SAM SANDLER for a Change of
Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter, as follows, with the DELETION
of the following provision:
ORDINANCE LTON APPLICATION OF REBA S. AND SAM ZD781589
SANDLER FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM R-4 RESIDENTIAL DISTRICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY TBE COIINCIL OF TBE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Reba S. and Sam Sandler
for a Change of Zoning District Classification from
R-4 Residential District to B-2 Community-Business
District on certain property located on the West side
of First Colonial Road beginning at a point 85 feet
North of Wolfsnare Road, running a distance of 100.16
feet along the West side of First Colonial Road, running
a distance of 124.34 feet along the Northern property
line, running a distance of 100.12 feet along the
Western property line and running a distance of 141.96
feet along the Southern property line. Said parcel
contains .29 acre. 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.
3. An adequate drainage outfall system with all the
necessary downstream improvements and easements is
required.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of July, 1981 7/ 6/ 81
5 7-
Voting: 6-4
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, M.D., Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, Ill, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
E. T. Buchanan
- 5 8-
ITEM II-G.2.g ITEM #16905
Attorney J. H. Flippen appeared in behalf of the applir-ant
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of TEXACO, INC., for a Conditional
Use Permit, subject to the recommended conditions transmitted in the
City Manager's letter, with the inclusion of the following wording to
provision eight and ten:
(8) The two curb-cuts are to be allowed on both Virginia Beach
Boulevard and Newtown Road, provided each is a maximum
of 24 feet in width and marked appropriately for in-only
and out-only traffic. If only one curb-cut is intended,
it is to be a maximum of 35 feet in width --- TO
BE HANDLED BY ADMINISTRATIVE REVIEW.
(10) Standard right-of-way improvements along this site's
frontage on Newtown Road and Virginia Beach Boulevard
are to be installed in accordance with the approved
Newtown Road and Virginia Beach Boulevard project
designs -- TO BE HANDLED BY ADMINISTRATIVE REVIEW.
ORDINANCE UPON APPLICATION OF TEXACO, TNC. R0781404
FOR A CONDITIONAL USE PERMIT FOR A GAS BAR
AND CAR WASH
BE IT ORDAINED BY THE COUNCIL OF TliE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Texaco, Inc., for a
Conditional Use Permit for a gas bar and car wash
on certain property located at the Northeast corner
of Virginia Beach Boulevard and Newtown Road, rtmning
a distance of 200 feet more or less along the North side
of Virginia Reach Boulevard, running a distance of 200
feet along the Eastern property line, running a distance
of 251 feet along the Northern property line and running
a distance of 200 feet more or less along the East side
of Newtown Road. Said parcel contains .85 acre. BAYSIDE
BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. Compliance with Article 2, Section 224 of the
Comprehensive Zoning Ordinance pertaining to
Automobile Service Stations.
4. Parking at a ratio of 3 spaces for each car wash
space within the facility.
-59-
5. No water shall be permitted to fall upon or drain
across public streets or adjacent properties.
6. The recycling of water in accordance with the City
Code.
7. A variable width right-of-way dedication along both
Virginia Beach Boulevard and Newtown Road as shown on
the Virginia Beach Boulevard plans on fi-le in the City
Engineer's Office.
8. The two curb-cuts to be allowed on both Virginia Beach
Boulevard and Newtown Ruad, provided each is a maximum of
24-feet in width and marked appropriately for in-only and
out-only traffic. If only one curb-cut is intended, it
is to be a maximum of 35 feet in width TO BE HANDLED
BY ADMINISTRATIVE REVIEW.
9. An adequate drainage outfall system with all the
necessary downstream improvements and easements is
required.
10. Standard right-of-way improvements along this
site'g frontage on Newtown Road and Virginia Beach
Boulevard are to be installed in accordance with
the approved Newtown Road and Virginia Beach
Boulevard project designs -- TO BE HANDLED BY
ADMINISTRATIVE REVIEW.
This Ordinance shall be effective from date of adoption.
Adoptea by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of July, 1981.
60-
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S. ,
Meyera E. Oberndorf, and Patrick L. Standing
I
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
6 1-
ITEM II-C.2.h ITEM #16906
Attorney J. H. Flippen appeared in behalf of tbe-applicant
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to DEFER FOR THIRTY (30) DAYS (August 10, 1981), the
application of TEXACO, INC., for A Conditional Use Permit, as per the
following:
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, rtmning around a distance of 16.87,
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 Trai.1
and running arotmd 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)
Jobn A. BaUU6 F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting lqay:
None
Council Members Absent:
E. T. Buchanan
6 2-
ITEM II-G.2.i ITEM #16907
Mariann O'Brien appeared in behalf of her application
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of JOHN A. BILOTTA, JR., AND MARIANN O'BRIEN
for a Conditional Use Permit, subject to the recommended conditions
trans@itted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF JOHN A. R0781405
BILOTTA, JR., AXD MARIANN O'BRIEN
FOR A CONDITIONAL USE PERMIT FOR A
HOIU OCCUPATION (TEACHING CERAMICS)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VMGINIA BEACH, VIRGINIA:
Ordinance upon application of John A. Bilotta,
Jr., and Mariann O'Brien for a Conditional Use
Permit for a home occupation (teaching ceramics)
on certain property located on the West side of
South Plaza Trail beginning at a point 396.47
feet South of Boyd Road, running a distance of
75 feet along the West side of South Plaza Trail,
running a distance of 110 feet along the Southern
property line, running a distance of 75 feet along
the Western property line and running a distance
of 110 feet along the Northern property line. Said
parcel contains .18 acre. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Approval is for a period of one (1) year.
2. Compliance with Article Z Section 229 of the
Comprehensive Zoning Ordinance pertaining to home
occupations.
3. A limitation of eight (8) students.
4. In addition to the parking spaces required for
the residents of this site, on-site parking at a
ratio of one (1) space per student must be provided.
This Ordinance shall become effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
.on the Sixth day of July, 1981.
-6 3-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan,,Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 6 4-
ITEM II-G.2.j ITEM #16908
Mrs. Ann - ' Joyce appeared in opposition to the proposed use permit.
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober, City
Council voted to uphold the recommendation of the Planning Commission and
DENY the application of THOMAS J. ABRAHAM AND GLENDA S. COLLINS for a
Conditional Use Permit, as per the following:
Ordinance upon application of Thomas J. Abraham
and Glenda S. Collins for a Conditional Use Permit
for a home occupation (in-@me antique sales) on
certain property located at the Southeast corner
of Virginia Beach Boulevard and West Lane, running
a distance of 155.3 feet along the South side of
Virginia Beach Boulevard, rmning a distance of 134
feet along the Eastern property line, running a
distance of 150 feet along the Southern property
line and running a distance of 113.5 feet along the
East side of West Lane. Said parcel contains .42 acre.
LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
6 5-
ITEM II-G.2.k ITTM #16909
Upon motion by Councilwoman Henley, seconded by douncilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and ADOPT the Ordinance to amend and reordain Article 9, Section 911 of
the Comprehensive Zoning Ordinance pertaining to use regulations for
small engine repair in the B-2 Community-Business District.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
-6 6-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTION 911
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
FOR SMALL ENGINE REPAIR
IN THE 9-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 911, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) Conditional uses and structures: Uses and structures hereinafter
specified; subject to compliance with the provisions of Part C of
Article 2 hereof:
(2) Automobile and small engine repair establishments,
provided t at@all repair work shall be perfomed
within a building.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Six th day of July 1981 .
APPROVED AS TO COMT-PMT
E
7/ 6/ 81
6 7-
ITEM II-G.2.1 ITEM #16910
Mr. Gary Montalbine appeared in bebalf of his application
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of tbe Planning
Commission and APPROVE the application of GARY MONTALBINE, T/A
BAYSIDE REPAIR SERVICE for a Conditional Use Permit, subject to the
recommended conditions transmitted in the City Manager's letter, as
follows:
ORDINANCE TIPON APPLICATION OF GARY MONTALBINE, R0781406
T/A BAYSIDE REPAIR SERVICE, FOR A CONDITIONAL
USE PERMIT FOR SMALL ENGINE REPAIR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRG3NIA:
Ordinance upon application of Gary Montalbine, T/A
Bayside Repair Service, for a Conditional Use Permit
for small engine repair on certain property located
at the Northwest corner of Pleasure House Road and
Independence Boulevard, running a distance of 200
feet more or less along the West side of Pleasure
House Road, running a distance of 200 feet more or
less in a Northwesterly direction, rtmning a distance
of 180 feet mdre or less in a Northeasterly direction,
running a distance of 550 feet along the South side of
Emblem Road, running around a curve in a Southerly
direction a distance of 370 feet more or less, running
a distance of 300 feet in a Southeasterly direction,
running a distance of 190 feet in a Southwesterly
direction and rtmning a distance of 210 feet more or
less along the North side of Independence Boulevard.
Said parcel contains 4.7 acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions in
conjimction with the intended use of the land:
1. Approval is for a period of two (2) years.
2. Standard improvements as required by the Site
Plan Ordinance.
3. City water and sewer.
4. All repair work is to be performed within a
building.
5. No outside storage will be allowed, with the
exception of new merchandise on display for sale.
This Ordinance shall be effective from date 6f adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of July, 1981.
-6 8-
Vot ing: 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
6 9-
0 R D I N A N C E S F I R S T R E A D I N G S
ITEM 11-H.l.a ITEM #16911
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to accept $2,697,000 from the
Department of Housing and Urban Development, to appropriate these funds,
and to transfer.$214,484 in reprogrammed funds from prior years to the
current year,Seventh Program Year.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
70 -
AN ORDINANCE TO ACCEPT @2,697,000
FROM THE DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT, TO APPROPRIATE
THESE-FUNDS, AND TO TRANSFER $214,484
IN REPROGRAMMED FUNDS FROM PRIOR
YEARS TO THE CURRENT YEAR
WHEREAS, the Department of Housing and Urban Development (HUD) has
approved the funding for activities in the Seventh Program Year of the City's
Commu@ity Development Block Grant ('CDBG), and
WHEREAS, the City wishes to accept this funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager be hereby authorized to accept the funds for
the City,
That these funds-be hereby appropriated for the following purpose:
Total
A,E;op;7i!tions
CDBG Seventh Program Year Activities 6 000
That $214,484 of reprogrammed funds be transferred from the Third
Pr6gram Year to the Seventh Program Year.
That the appropriations be financed 100% by federal funds from HUD,
with no local match required,
That a total of twenty personnel positions be authorized for the
duration of the grant, to be paid from the grant, with classes of employees
to be determined by the City Manager,
That this ordinance allow for these, and all existing, CDBG appro-
priations to be transferred between activities, within the limits established
by HUD, upon approvai by the City Manager.
FIRST READING: July 6, 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1981.
AppitoVED AS TO Cot4TENT
C', "y
7 1 -
ITEM II-H.l.b ITEM #16912
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,.
City Council voted to DEFER FOR ONE WEEK (13 July 1981) the Ordinance to
accept a Grant totaling $125,000 from the Commonwealth of Virginia for
the Museum of Marine Sciences and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye: (for, deferral)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
7 2-
AN ORDIIIANCE TO ACCEPT A GRANT
TOTALING $125,000 FROM THE COMt4ONWEALTH
OF VIRGINIA FOR THE MUSEUM OF MARINE
SCIENCES AND TO APPROPRIATE THESE FUNDS
WHEREAS, the'General Assembly has provided funding of $125,000
for the Museum of Marine Sciences for the 1982 fiscal year, and
WHEREAS, this funding will provide for the 1982 fiscal year
operating expenses of the Museum including four full time positions, and
WHEREAS, this funding requires no local match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $125,000 be appropriated to the General
Impravements Capital Projects Fund for the PY 82 operating expenses of
the Marine Science Museum including the establishment of four full
time positions with the employee classification to be determined by
the City Manager.
BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth
be increased by $125,000 to finance this appropriation.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the Cit@ of Virginia Beach, Virginia on
the day of 1981.
DEFERRED ONE WEEK: 6 July 1981
First Reading:
Second Reading:
I-PPROVED AS TO CO"IT@,'@@l
SIGNATM
DEPARTMENT
D AS 0 FOR
AnM
CITY ATTOR@IEY
7 3-
1TEM II-H.l.c ITEM #16913
Upon motion by Councilwoman Henley, seconded by Vice Mayor Heischober,
City Council voted to upbold tbe recommendation of the City Manager
and ADOPT the Ordinance to transfer appropriations within the
Community Development Program. ($54,460.00)
Voting: 10-0
Council Members Voting Aye:
John A. Bam% F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
Ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
7 4 -
AN OIE)INANCE TO TPANSFER
APPROPPJ.ATIONS WITHIN THE
DEVEID PROGRAM
WHEREAS, the need exists for additicnal funding of the city's
Camianity Develo@t loan and grant progran, and
WHEREAS, funds are available due to savings 3-n the Cammity
Develo@t a strative budgets, and
, the use of these funds for loan and grant purposes will not
affect the a@istrative operaticn.
NOK, =MIM, BE IT OFD BY THE IL OF THE Cl'rY OF Wm3NIA
BEACH, VIIC3NIA:
That funds be transferred frcrn administrative progr@ to the loan
and grant progr@ within their respective years as follcws:
Progrwn Year Reallocation AmoLmt
5th year $54,460.00
6th year Reml=g adm=stratim
balance at FY 181 clo@t
This ordinance shall be effective fran date of adoptim.
Adcpted by the Council of the City of Virginia Beach cn the Sixt h
day of July 1981.
'A.ppp ^-VED AS 0 CONTENT
TO Ff
7 5-
C I T Y C 0 D E A M E N D M E N T S
ITEM II-H.2.a.1/5 ITEM #16914
P. Wade Kyle, Solid Waste Administrator, appeared on this matter.
Upon motion by, Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the following Ordinances:
1. Ordinance to amend and reordain Chapter 31 of the
Code of the City of Virginia Beach by adding
Section 31-3 thereto pertaining to penalties for
violations of said Chapter.
2. Ordinance to amend and reordain Chapter 31 of the
Code of the City of Virginia Beach by adding
Sections 31-2.1, 31-2.2, 31-2.3 thereto pertaining
to solid waste.
3. Ordinance to amend and reordain Article II Collection
by City, Sections 31-27, 31-29, 31-30, and 31-31' &31-33
the Code of the City of Virginia Beach pertaining to
solid waste.
4. Ordinance to amend and reordain Article VIII. Department
of Public Works Section 2-270 of the Code of the City of
Virginia Beach relating to composition, powers and duties
of Sanitation Division.
5. Ordinance to amend and reordain Article VIII Department
of Public Works Section 2-267 of the Code of the City
of Virginia Beach relating to d'ivisions established.
Voting: 7- 3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Meyera E. oberndorf
Council Members Voting Nay:
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S!I, and
Patrick L. Standing
Council Members Absent:
E. T. Buchanan
*MAYOR McCOY VOICED A VERBAL "NAY".
7 6 -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 31 OF THE CODE OF THE CITY
OF VIRGINIA BEACH BY ADDING SECTION
31-3 THERETO PERTAININO TO PENALITIES
FOR VIOLATIO14S OF SAID CHAPTER.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 31 of the Code of the City of Virginia Beach
is hereby amended and reordained by adding a Section 31-3 thereto
as follows:
Section 31-3. Violations of chapter.
Unless otherwise specifically provided, a violation of
any provision of this chapter shall constitute a Class 1
misdemeanor and, unless the penalty for such violation is paid in
accordance with sections 31-2.1 through section 31-2.3 of this
article, upon conviction thereof, the court shall impose a fine of
not less than twenty five dollars ($25-00) nor more than one
thousand dollars ($1,000.00).
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 July 6, 1981
MES/ih/re
6/2 9/8 1
(N)
cl,.y
I
7 7-
Requested by Solid Waste Division of Public works
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 31 OF THE CODE OF THE CITY
OF VIRGINIA BEACH BY ADDING SECTIONS
31-2.1, 31-2.2, AND 31-2.3 THERETO
PERTAINING TO SOLID WASTE.
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 31 of the Code of the City of Virginia Beach
is hereby amended and reordained by adding the following sections
thereto:
Section 31-2.1. Notice of violation - Authority to issue.
Inspectors or sanitarians appointed by the department
head or any police officer shall enforce Sections 31-7, 31-12,
31-26, 31-28, 31-29, and 31-33, of this chapter by issuing a
notice in writing to the owner, occupant, janitor or other proper
person informing him of the date and nature of the violation and
instructing him to report to the treasurer's office of
regard to such violation. All other violations of this chapter
shall be enforced by the issuance of a summons or warrant as
provided by law.
Section 31-2.2. Same - Method of issuance.
When an inspector, sanitarian or police officer issues a
notice for a violation of this article he shall serve the
offending person by:
(a) Delivering a copy of the notice to whom it is
directed in person.
(b) If the party cannot be found by delivering a copy
and giving information of its contents
to any adult member of the family found at his
regular place of abode or at his usual place of
business, or
(c) By mailinq bv certified mail with delivery reported,
a copy of the notice to the last know address of the
son.
7 8-
Section.31-2.3. Same - Response.
The party to whom such notice is directed shall:
(a) Within 72 hours of service of such notice, report to
the treasurer's office of the city and pay the
penalties set forth herein below for and in full
satisfaction of such violation.
For Violation of7 Penaltv
1. Section 31-7 ......................................... $15.00-
2. Section 31-12 ........................................ $15.00
3. Section 31-26 ........................................ 10.00
4. Section 31-2@ ........................................ 10.00
5. Section 31-29 ........................................ $10.00
6. Section 31-31 ........................................ 15.00
(b) Upon failure to make payment as above provided, a
warrant shall be issued against and served on the
party directing him to appear before the district-
court of the city, on the date and at the time
specified in the warrant, to answer for the
violation alleged the date and nature of which shall
be set forth in the warrant. Such warrant shall be
served in the manner provided by law for the service
of such warrants.
This amendment shall become effective upon thirty days
after the date of its adoption.
Adopted by the Council of the City of virginia Beach on
the 6 day of July 1981.
MES/ih/re
6/2 9/81 APPROVF.@ g,5 TC) CC'l'4TE74-i@
(B-2)
APPi',-IVEI@) Ac TO FC;Zll@@
-2-
7 9-
AN ORDINANCE TO AMEND AND REORDA114
ARTICLE II COLLECTION BY CITY,
SECTIONS 31-27, 31-29, 31-30, 31-31,
AND 31-33 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
SOLID WASTE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 31-27, 31-29, 31-30, 31-31 and 31-33 of the
Code of the City of Virginia Beach are hereby amended and
reordained as follows:
Section 31-27. Frequency of collection.
(a) Garbage and household trash accumulated at residences
shall be collected by the city twe-+2+ one (1) times each week,
except when otherwise designated by the director of public works.
Oversized household trash, bulky items such as refrigerators, water
heaters, and washing machines, Yftrd-teash-and-tree-and-shrubbery
trimmings shall be collected by the city one time each week at the
curbside; provided that, the service of collecting these articles
shall only be provided when a special order is placed by
telephoning the department-ef-pdbl4e-weeks bureau of refuse
collection in advance.
(b) City refuse collection service to commercial
establishments shall be twe-+2* one (1) times each week, except
when otherwise designated by the director of public works.
Section 31-29. Limitation on amount collected from commercial
establishments; cardboard boxes to be cut,
flattened and tied.
Commercial establishments shall not place for collection
by the city more than eim-+&+ twelve (12) receptacles of refuse
each collection day, unless otherwise designated by the director of
public works. Cardboard boxes shall be cut, flattened and tied
securely in a manner that shall be easily coflected by the city
forces.
80 -
Section 31-30. Net-lee-be-eelleeted-on-he1/2idays Holiday
collection schedule.
Ne Refuse collection service shall be provided by the
city on an-e4fie4AI holidays as designated by the director of
public works.
Section 31-33. Storage or preparation of yard trash, limbs,
shrubbery, etc., for collection.
(a) Yard trash may be stored for collection by the city
in suitable receptacles and containers as described in this
chapter. Any yard trash that @annot be put in a normal refuse
receptacle shall be handled as described in subseciton (b) of this
section.
(b) All limbs, branches, shrubbery and hedge trimmings to
be collected by the city shall be cut into lengths not to exceed
four (4) feet and shall be stacked neatly by the curb line for
collection. Stacks should not exceed four by four by four (4x4x4)
feet.
One (1) pile per week per
residence shall be collected. If such material is not prepared for
collection as herein required, its disposal shall be the
responsibility of the owner or occupant of the premises.
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 July 6, 1981
MES/re
6/3 0/81 AS TO CONTENTS
(N.1)
Siri4ATURE
VF.D_AS TO FORN
-2-
81-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE VIII. DEPARTMENT OF PUBLIC
WORKS SECTION 2-270 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
RELATING TO COMPOSITION, POWERS AND
DUTIES OF SANITATION DIVISION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-270 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 2-270. COmpOsition, powers and duties of
san4tatien solid waste division.
(a) The semitation solid waste division of the department
of public works, subject to the supervision and control of the
director of public works, shall be headed by the sanitatien
eng4neer solid waste administrator, who shall be charged with
responsibility for the cleaning of streets and public places,
including beaches, and the collection and disposal of garbage and
waste, public and private conformance with the sanitation
regulations of the city and such other duties as may be required,
assigned or prescribed.
(b) Police powers are hereby conferred upon the refuse
eelleetien-superintendent solid waste administrator or designated
deputies or assistants while engaged in the perforrnance of their
duties, and they shall exercise all powers and authority of police
officers in performing such duties. The names of the deputies or
assistants so designated shall be submitted to the city manager for
approval.
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 July 6, 1981
MES:re
6/2@/81
(N)
8 2-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE VIII DEPARTMENT OF PUBLIC
WORKS SECTION 2-267 OF THE CODE OF
THE CITY OF VIRGINIA BEACH RELATING
TO DIVISIONS ESTABLISHED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-267 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 2-267. Divisions established.
There shall be, within the department of public works,
the following divisions:
(1) Engineering division.
(2) Highway division.
(3) San4t&tien Solid Waste division.
(4) Traffic division.
(5) Office of real estate.
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 July 6, 1981
MES/re
6/29/81
(N)
- 8 3-
ITEM II-H.2.b ITEM #16915
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to repeal and reserve Chapter 25, Article III,
of the Code of the City of Virginia Beach pertaining to Dealers in
precious metals and gems.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 84-
AN ORDINANCE TO REPEAL AND RESERVE
CHAPTER 25, ARTICLE III OF THE CODE
OF THE CITY OF VIRGINIA BEACH
PERTAINING TO DEALERS IN PRECIOUS
METALS AND GEMS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 25, Article III of the Code of the City of
Virginia Beach is hereby repealed and reserved.
This Ordinance shall be effective on July 1, 1981.
Adopted by the Council of the City of Virginia Beach,
Virginia, on JUIV 6. 1981
MES/re
6/29/81
(N)
APPROVED AS TO CONTtNt
-8 5-
ITEM II-H.2.c ITEM #16916
Upon motio-n by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 35-181 of tbe Code
of the City of Virginia Beach pertaining to admissions tax, with the
following inclusion:
"....miniature golf courses, and other such things of
a similar nature, charter boats, drift boats, party
boats solely operated within the corporate limits and
within one (1) mile into the adjacent waters; and
other such things of a similar nature";
Voting: 10-0
Council Members Voting Aye:
John A. Bam4 F. Reid Ervin, Vice Mayor liarold 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 Membets Voting Nay:
None
Council Members Absent:
E. T. Buchanan
7/ 6/ 81
86-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-181 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO ADMISSIONS TAX
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-181 Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained as follows:
Section 35-181. Definitions.
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, except where the
context clearly indicates a different meaning:
Admission charge. "Admission charge" means the charge
made for admission to any amusement or entertainment, exclusive
of any federal tax thereon, including a charge made for season
tickets, to all clubs and organizations for amusement and
entertainment.
City treasurer. "City treasurer" means the treasurer
of the city and any of his duly authorized deputies and agents.
Comissioner of revenue. "Commissioner of revenue"
means the commissioner of revenue of the city and any of his duly
authorized deputies and agents.
Place of Amusement or Entertainment.
"Place of Amusement or Entertainment" means any place
in the city wherein or whereat any of the following, or
amusements or entertainments similar to the following, are
located, conducted, performed, exhibited and operated: Circuses,
carnivals, menageries, amusement parks, moving-picture shows,
fairs, shows and exhibitions of all kinds; dances; basketball,
football, wrestling, boxing and sports of all kinds; swimming
pools, bowling alleys, roller rinks, golf courses, miniature golf
courses, and other such things of a similar nature, charter
boats, drift boats, party boats solely operated within the
corporate limits and within one (1) mile into the adjacent