HomeMy WebLinkAboutJUNE 15, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCTL
MAYOR 1. HENRY M,COY JR., D.D.S., K..P-ill, B.-gh
VICE-MAYOR HAROLD HEISCHOBER. Al L.'R.
JOHN A. BAUM, S.@.8b
E. T. SUCHAAIAN, Ly..b..- 8 ... 8b
F. REID ERVIN, A@ L.,,,
BARBARA M. HENLEY, P-g. B...gb
CLARENCE A. HOLLAND, M.D., B.y@id. B-@-gb
W. M. KITCHIN, lit. Vigi.i. B-@b B.@.gh
RESA S. McCLANAN, P,i.@... A... B.,-gh
MEYERA E. OBERNDORF, A, Lg, 212 CIRY HALL BUILDING
PATRICK L. STANDING, Al L.,g, MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456
RUTH HODGES SMITH, Ci'Y Ci,lk (804) 427-4303
CITY COUNCIL AGENDA
June 15, 1981
ITEM I INFORMAL SESSION 12:30 p.m.
A. CALL TO ORDER - VICE MAYOR HAROLD HEISCHOBER
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. Mosquito Control Commission
4. Old Donation Parkway: Discussion of status and questions
raised by members of City CounCil-
5. Great Neck Road, North Witchduck Road, and Newtown Road:
Discussion of status.
ITEM II FORMAL SESSION 2:00 p.m.
A. INVOCATION: Reverend Kenneth R. Carbaugh
Our Savior Lutheran Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
ITEM II D. MINUTE9 OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of June 8, 1981.
E. PRESENTATION
1. Miss Virginia Beach 1981, MISS Kathl0en Callan
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by
on@ m6tion in the form listed. There will be no separate
discussion of these it6ms. If discussion is desired, that
item will be removed frorn the Consent Agenda and considered
separately.
1. ordinance to authorize the acquisition of property in
fee simple for L@nhaven Inlet, Bay and Connecting
Waters Maintenance Dredging Project and the acquisition
of necessary temporary and permanent easements either
by agreement or by condemnation.
2. Request of the City Treasurer to charge off uncollect-
able checks. ($168.59)
3. Request of the Commissioner of the Revenue for license
refunds in the amount of $2,930.57.
G. PLANNING ITEMS
1. Deferred Items
a. Application of C & C Investments, Inc. for a change
of zoning from R-8 Residential District to 0-1
Office District on a 2.83-acre parcel located on
the east side of Grayson Road, north of Bonney Road
Ke @ ville Borough.
(This matter was deferred for 60 days on April 13,
1981.)
1. Letter from the City Manager transmits the
recommendation of the Planning Comnission
for denial.
2. New Items
a. Application of Birdneck Office Park for a change of
zoning from R-6 Residential District to A-2 Apartment
District on a .27-acre parcel located at the terminus
of B Street (Lynnhaven Borough).
1. Letter from the City Manager transmits the
recomendatioh of the Planning Connission
for appro@al.
ITEM II G. PLANNING ITEMS (Continued)
2. New Items (Continued)
b. Application of the Christian Broadcasting Network
for a change of zoning from 0-1 office District to
B-2 Communi@Business Dist l@ct n a 5.7-acre
parcel located in the vicinity of the intersection
of Indian River Road and Centerville Turnpike
(Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval;
AND,
c. Application of the Christian Broadcasting Network
for a change of zoning from B-2 Communitv-Business
District to H-1 Hotel District on a 6.8-acre
parcel locatetin the vicinity of the intersection
of Indian River Road and Centerville Turnpike
(Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval;
AND,
d. Application of the Christian Broadcasting Network
for a change of zoning from R-8 Residential District
to H-1 Hotel District on a 7.1- cr@. parcel located
in h@e vicinity of the intersection of Indian River
Road and Centerville Turnpike (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Cormission
for approval;
AND,
e. Application of the Christian Broadcastin_g Network
for a change of zoning from R-8 Residential District
to B-2 Community-Business Di t@ri t@on a 2a-acre
pa c@el -iocated in the vicinity of the intersection
of Indian River Road and Centerville Turnpike
(Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval;
AND,
f. Application of the Christian Broadcastipa Network
for a change of zoning from R-8 Residential District
to 0-1 Office District on a 36.4@acre parcel located
in h@e vicinity of the intersection of Indian River
Road and Centerville Turnpike (Kenipsville Borough).
1. Letter from the City Manager transmits the
reconmiendation of the Planning Commission
for approval;
AND,
g. Appli6ation of the Christian Broadcasting Network
for a change of zoning fkom B-2 Conmunitv-Business
District to 0-1 Office District on a 21.5-acre parcel
located in the vicinity of the intersection of Indian
River Road and Centerville Turnpike (Kempsville
Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Cormnission
for approval;
AND,
ITEM ii G. PLANNING ITEMS (Continued)
2. New Items (Continued)
h. Application of the Christian Broadcasting Network
for a change of zoning from R-8 Residential District
to A-2 Apartment DiStrict on a 35.3-acre parcel
located in the vicinity of the intersection of
Indian River Road and Centerville Turnpike
(Kempsville Borough).
1. Letter from the City manager transmits the
reco=endation of the Planning Commission
for denial.
i. Application of @ard W. Few III for a conditional
use permit for auto7moti-ve re-pair shop on a two-
acre parcel located on the north side of Recreatioh
Drive, west of Salem Road (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Co=mission
for approval.
H. ORDINANCES
1. First Readings
a. Ordinance, on first reading, to accept a grant
totaling $39,824 from the Division of Justice and
Crime Prevention and to appropriate these funds.
b. Ordinance, on first reading, to appropriate funds
of $290,043 for police and fire vehicles and reduce
the 1981-82 Budget appropriations for these vehicles
by $343,200.
C. Ordinance, on first reading, to appropriate funds of
$20,460 to the Southeastern Public Service Authority.
d. Ordinance, on first reading, to accept a grant total-
ing $26,547 from the Division of of Justice and Crime
Prevention, and to appropriate these funds.
1. APPOINTMENTS
1. Historical Review Board (Vacancy)
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
15 June 1981
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Acting Mayor Harold Heischober in the Conference
Room, City Hall Building, on Monday, 15 June 1981 at Twelve-Thirty in the
afternoon.
Council Members Present:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober, Barbara
M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Meyera E. Oberndorf
Council Members Absent:
John A. Bau4 Mayor J. Henry McCoy, Jr., D.D.S.1% and Patrick L.
Standing**
ITEM #16785
Acting Mayor Heischober entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur-
pose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body. O?ersonnel Matters) -
2. Consultation with legal Counsel and briefing by
staff members, consultants, or attorneys per-
taining to actual or potential litigation, or
other legal matters within the jurisdiction of
the public body. (Legal Matters).
*MAYOR McCOY WAS ATTENDING THE UNITED STATES CONFERENCE OF MAYORS IN KENTUCKY
**COUNCILMAN STANDING ENTERED MEETING AT 12:32 p.m.
2-
Upon motion by Councilman Buchanan, seconded by Councilwoman Henley, City
Council voted to proceed into tbe EXECUTIVE SESSION following the IIIFORMAL
SESSION:
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. E. Kitchin,
IIT. Reba S. McClanan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Abs ent:
Jobn A. Ba@ and Mayor J. Henry McCoy, Jr., D.D.S.
3-
M A T T E R S B Y T H E M A Y 0 R
MAYOR'S COAFERENCE ITEM #16786
Acting Mayor Heischober advised Council that Mayor McCoy was attending
the United States Conference of Mayors in Louisville, Kentucky.
FINANCIAL ADVISOR ITEM #16787
Acting Mayor Heischober advised that at Eleven o'clock this morning
(15 June 1981), the Committee to select a Financial Advisor for
Financial Activities, comprised of Councilman Standing, Acting Mayor
Heischober, Giles G. Dodd, and George L. Hanbury, met and will present
a report to Council on 22 June 1981.
MOSQUITO CONTROL COMMISSION ITEM #16788
Acting Mayor Heischober apologized to the members of the Mosquito Control
Commission, who had been advised of an Eleven o'clock INFOR14AL BRIEFING
SESSION, which had been cancelled without their being notified.
M A T T E R S B Y C 0 U N C I L M E M B E R S
PURCHASING FREEZE ITEM #16789
Councilwoman McClanan asked the City Manager if the purchasing freeze had
been "lifted" as she witnessed new furniture being placed in various
offices within the City Hall Building.
The City Manager advised Council the furniture had been ordered several
months ago, and was in the "Renovation of the Building Budget". The
purchasing freeze is still in effect, and will continue until 1 July 1981.
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FEDERAL BUDGET ITEM #16790
Councilwoman Henley advised Council of the difficulty in "keeping up" with
the Federal Budget and asked if any member of the Staff was keeping abreast
of tbis matter.
The City Manager advised Council that David N. Grochmal would be reviewing
the Federal Budget for Council.
Councilwoman Henley advised Council that her concern was with Impact Funds.
The President requested they be reduced by one-half; however, Congress
would like to eliminate them from the Budget entirely.
TAX ON MACHINERY ITEM #16791
Councilwoman Oberndor-f made reference to a letter from Barbara J. Rooney
concerning the assessment of her business machine, (typewriter), and
requested the City Manager to address this matter.
The City Manager advised Council he has responded to Mrs. Rooney's
letter and the matter has been resolved.
MEDIAN STRIP/PAVILION ITEM #16792
Councilman Kitchin asked the City Manager if the median strip around the
Pavilion was owned by the State, and could the City "work something out"
with the State to provide parking in that area?
The City Manager advised Council the State has refused to permit parking
in that area; however, the City must maintain it.
Councilman Kitchin requested Council to consider the possibility of
permitting hotels to provide permit parking on City streets for their
guests.
The City Manager advised Council that the parking meters were not placed
on the streets for the hotel/motel guests, but to encourage "short-term"
parking.
CONDITIONAL USE PERMITS/BICYCLE RENTAL ITEM #16793
Councilman Kitc hin requested the City to review the bicycle rental use
permits as many are located on City property.
5-
PARKING/NORTH END ITEM #16794
Councilman Ervin asked if Eddie Barns, Landscaping Division of the
Department of Public Works, was given a copy of the report prepared
by he and Councilman Holland concerning parking at the North End of
Virginia Beach.
The City Manager advised Council this matter has been placed in the City's
Capital Improvement Program.
Councilman Ervin requested the City to widen the feeder roads this season
to permit parking on both sides of the feeder roads.
Councilwoman Henley requested this matter be placed on the Agenda for
discussion during an INFORMAL BRIEFING SESSION.
I N F 0 R M A L S E S S I 0 N
MOSQUITO CONTROL COMMISSION ITEM #16795
Leon Johnson, Mosquito Control Commission, presented a report to Council
concerning the Commission; and, requesting that mosquito control in the
City of Virginia Beach continue to be managed by the six (6) Commissioners
in a consolidated operational district, subject to Council's pleasure and
annual review.
This matter will be placed on the FORMAL AGENDA for 22 June 1981, at
7:00 p.m.
OLD DONATION PARKWAY ITEM #16796
Discussion of Old Donation Parkway was deferred one week due to the absence
of Councilman Baum. This matter will be discussed on 22 June 1981.
STATUS REPORT ON ROAD PROJECTS ITEM #16797
NOT IN REFERENDUM
C. Oral Lambert, Director of Public Works, presented a report to Council
concerning Road Projects not in the November Referendum; however, Council'
requested he mention the five (5) projects which had been placed in the
Referendum.
-6-
Bonney Road - Bids have been opened and construction
should commence in July 1981.
General Booth Boulevard - Presently under design. Once the design
is completed the rigbt-of-way will
have to be acquired. Construction
should commence in December 1982.
Indian River Road - Bids have been received and construction
sbould commence in August 1981, completion
approximately one (1) year.
Kempsville Road, Phase 1- Is under design. Right-of-way is being
acquired, construction should commence
in September 1981.
Virginia Beach Boulevard- Upgrading and widening should be
completed within the week.
North Witchduck Road - From railroad tracks South of Virginia
Beach Boulevard to Pembroke Boulevard.
Bid opening is scheduled for July 21,
1981. The State is managing this
project. Construction should commence
in September 1981.
Great Neck Road, Phase II- From Shorehaven Drive to Shore Drive,
is a six (6) lane divided highway.
The State is designing this project,
which will cost approximately
$17.5-Million. May be affected by
the lack of State funds for con-
struction; however, construction date
has been scheduled for the Spring of
1983. $5.2-Million has been allocated.
Thomas Bishop Lane - To be constructed with City and
the developer's funds.
Newtown Road - Four-lane divided highway from
Virginia Beach Boulevard to Independence
Boulevard. Design is 55% completed.
Tlie completion of the design has been
delayed due to lack of funds. Scheduled
construction date is Spring of 1985.
Construction will be in conjunction with
a City project, Diamond Springs/Wesleyan
Drive project, which is also 55%
complete in the design.
Lynnhaven Parkway,
Phase IV Six-lane divided highway from North
of South Lynnhaven Road to the Toll
Road, combination City and developer
project and was coustructed in con-
junction with the Lynnhaven Mall.
Completion date in July 1981.
Pleasure House Road,
Phase I Four-lane collector street from
Independence Boulevard to Northampton
Boulevard is currently under
construction. Completion date in
November 1981.
Kempsville Road, Phase II- Four-lane divided highway from
Indian River Road to Centerville
Turnpike. The State has agreed
to have this as a State project and
will be funded partially by
the Federal Government. Construction
should commence January 1984.
7-
Lynnhaven Parkway, Phase VI The remaining two lanes from
Holland Road thru Green Run
to Princess Anne Road. City of
Virginia Beach Project, scheduled
construction should commence in
April 1982.
Holland Road, Phase Ill Four-lane divided highway from
Rosemont Road to Lynnhaven
Parkway is a State project.
Delayed due to lack of State
funding.
Inlynnhaven Road Reconstruction of an existing
roadway from Great Neck Road
to Spiegal Drive. Currently
under design. Construction
sbould commence in the Winter
of 1981.
Princess Anne Road, Phase I Four-lane divided highway from
Newtown Road to Palms Drive is
currently under construction
and should be completed in July
1981.
Entrance of NAS-Oceana Provided partially by Defense
Access Funds and City funds,
and administered by the State
Highway Department. Construction
bids have been received. Apec was
the low bid. Construction should
commence in July 1981.
Independence Boulevard
Phase II Two-lanes of a future four-lane
divided highway from Holland Road
to the Southeast property line of
Timberlake. Currently under
construction and should be
completed in October 1981. it
is a combination of developer/City
project.
Lynnhaven Parkway, Phase III State project. Four-lanes are
currently under construction
from Holland Road to Kings Arms
Apartments. Construction should
be completed in July 1981.
Princess Anne Road, Phase II From Edwin Drive to Windsor Oaks
Boulevard is a Defense Access
Project, partially funded by
Defense Access Funds and the City.
Project will be administered by
the State Highway Department.
Construction should be completed
in 1983.
Virginia Beach Boulevard,
Phase I From Great Neck Road to Rosemont
Road. Project has been delayed
due to the lack of funds. An
agreement has been reached with
the State to place the computerized
signalization on Virginia Beach
Boulevard. Bids should be open in
July 1981.
8-
CHRISTIAN BROADCASTIliG NETWORK ITEM #16798
Robert J. Scott, Planning Director, presented to Council a map showing
the seven (7) parcels CBN is requesting zoning changes on.
1. Zoning change from 0-1 to B-2 - to the West of the
old alignment of Centerville Turnpike.
2. Two parcels, B-2 to B-1 and R-8 to H-1, near the
intersection of the old alignment of Centerville
Turnpike and Indian River Road.
3. Zoning change from R-8 to B-2. The total area within
the boundary of this property is 28 acres. Through
the 28 acres will be
a. Relocation of canal
b. Relocation of Centerville Turnpike
4. Zoning change from R-8 to 0-1.
5. Zoning change from R-8 to A-2 on 35 acres of property.
City Council recessed into EXECUTIVE SESSION, (1:59 p.m.)
9-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2:30 p.m.
Council Members Present:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,%
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
John A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S.
INVOCATION: Reverend Kenneth R. Carbaugh
Our Savior Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*ACTING MAYOR HEISCHOBER VOICED A VERBAL "PRESENT".
-10-
M I N U T E S
ITEM II-D.1 ITEM #16799
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to APPROVE the Minutes of the Regular Meeting of 8 June
1981.
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
Jolm A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S.
6/15/81
P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #16800
Miss Kathleen Callan, Miss Virginia Beach 1981, appeared before Council
and received a framed City Seal from Acting Mayor Harold Heischober.
Miss Callan thanked Council for the Seal and advised the Miss Virginia
Pageant would be held in Roanoke, Virginia, on July 11, 1981.
ITEM II-E.2 ITEM #16801
Richard Nelson, Virginia Beach Naval Junior ROTC, spoke before Council
concerning the School Board's decision to eliminate ROTC from the
School curriculum in all of the Junior High Schools and three (3) of
the High School s, and of f ered several al ternat ives to prevent this.
It was suggested by Council that Mr. Nelson attend the School Board
meeting to be held Tuesday, June 16, 1981, at 2:00 p.m.
C 0 N S E N T A G E N D A
ITEM II-F ITEM #16802
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City
Council agreed to separate Item Number II-F.1 from the CONSENT AGENDA.
The remaining items listed as the CONSENT AGENDA were considered and
enacted by ONE MOTION.
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S.
-1 2-
ITEM II-F.2 ITEM #16803
Upon motion by Councilman Ervin, seconded by Coun'cilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the request of the City Treasurer to charge-off uncollectable checks in
the amount of $168.59.
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting May:
None
Council Members Absent:
Jobn A. Ba@ and Mayor J. Henry McCoy, Jr., D.D.S.
-1 3-
JOHN T. ATKINSON MUNICIPAL CENTER
TREASURER VIRGINIA BEACH. VIRGINIA 23436
May 11, 1981
I WOULD LIKE PERMISSION OF THE CITY C(XJNCIL OF THE CITY OF VIRGINIA BEACH TO CHARGE OFF
THE FOLLOWING UNCOLLECTABLE RETURNED CHECKS:
William J. Anderson 65.00 City Decals Check date: 1/29/80
1092 Lynnhaven Pkwy Court Action pending
Va. Beach, Va. 23452
Kenneth G. Anderson 12.00 Parking Ticket Check date: 11/2/80
5114 Krick St. Moved, unable to locate
Norfolk, Va. 23513
Wilma L. Clay 3.00 Parking Ticket Check date: 7/12/80
1707 Nellie's Cave Rd. Moved, unable to locate
Blacksburg, Va. 24060
Martin E. Eastman 6.00 Parking Ticket Check date: 7/17/80
1415 Antomne Ct. Moved, unable to locate
Va. Beach, Va. 23451
John F. Fierro Jr. 3.00 Parking Ticket Check date: 8/19/80
17A Continental Dr. Moved, unable to locate
Hampton, Va. 23670
Doris Johnson 12.00 Parking Ticket Check date: 9/27/80
5635 Craneybrook Ln. Moved, unable to locate
Portsmouth, Va. 23703
Stephen D. Kakol 6.00 Parking Ticket Check date: 6/19/80
228 Cheltenham Dr. Moved, unable to locate
Va. Beach, Va. 23454
I. Lee Kitts 3.00 Parking Ticket Check date: 6/23/80
P.0 Box 165 Moved, unable to locate
Norfolk, Va. 23501
F. T. Moosbrugger 6.00 Parking Ticket Check date: 6/9/80
No address on check or receipt.
unable to locate.
Donald E. Winder 6.00 Parking Ticket Check date: 8/12/80
423 24th St. #4 Moved, unable to locate
Va. Beach, Va. 23451
Leonard M. Ware 3.00 Parking Ticket Check date: 6/16/80
1134 Kearsarge Ct. Moved, unable to locate
Va. Beach, Va. 23454
6/ 1 5/ 81
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PAGE 2.........
Dave's Plumbing 15.24 Parks & Recreation Check date: 3/7/81
848 S. Clubhouse Rd. #4 Moved, unable to locate
Va. Beach, Va. 23452
Cecil W. Fry, Jr 13.35 Parks & Recreation Check date: 4/4/81
109 62nd St. Moved, unable to locate
Va. Beach, Va. 23451
Harry L. Ferrell 15.00 City Decal Check date: 2/4/81
821 Memorial Blvd. Moved, unable to locate
Martinsville, Va. 24112
$168.59 TOTAL
s
ty Virginia Beach
JTA:mh
6/ 1 5/ 81
-1 5-
ITEM II-F.3 ITEM #16804
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the request of the Commissioner of the Revenue for license refunds in the
amount of $2,930.57.
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S.
-16-
AN ORDINANCE AUTHORIZING LICENSE REFLJI@TOS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIPTCATIOi\l OF THE COIN" ISSIO.,@\'f@'R
OF TIIE REVENUE
BL.',':T ORDAINED BY THE COUNCIL CF TIIE CITY or' VIRGINIA BEACTI, VIRGINIA:
That the foll.owing applications for license refunds, upon certificat@Lon
of the CoiTLnissioner of the Revenue @,re hcreby approved:
A
NA-ME ... YEAR PAID BASE PENALTY INT. TOTAL
Star Cross Corp. 1978 1978 2,930.57 .2,930.57
Pembroke 1 # 326 1980 1980
Va. Beach; Va. 23462
Audit Credit 5,171.07
Applied to
1981 License 2,240.50
Amount to be refunded. 2,930.57
to Payment:
Commisrion,
App-roved as fo form:
ey
2 93 0. 57
The above abatement(s) totaling $ were approved by the
council of the-city of Virginia Beach on the 15 day of June
19 81
Auun moages smith
City Clerk
- 1 7-
ITEM II-F.1 ITEM #16805
The following appeared in opposition to this matter:
David L. Cassida
Ed Lynk
Attorney Grover C. Wright, Jr.
Upon motion by Councilman Buchanan, seconded by Councilman Holland, City
Council voted to DEFER FOR ONE WEEK the Ordinance to authorize the
acquisition of property in fee simple for Lynnhaven Inlet, Bay and
Connecting Waters Maintenance Dredging Project and the acquisition of
necessary temporary and permanent easements either by agreement or by
condemnation.
Voting: 9-0
Council Members Voting Aye: (for deferral)
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and Mayor J. Henry McCoy, Jr., D.D.S.
-1 8-
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR LYNNHAVEN INLET,
BAY AND CONNECTING WATERS MAINTENANCE DREDGING
PROJECT AND THE ACQUISITION OF NECESSARY
TEMPORARY AND PERMANENT EASEMENTS EITHER BY
AGREEMENT OR BY CONDEM14ATIOR
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of this
important project for public purposes for the preservation of the safety,
health, peace, good order, convenience, morale and welfare of the people
in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF-THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and
directed to acquire by purchase or condemnation pursuant to Section
15.1-236, et seq., 15.1-898, et seq., and 33.1-89, et seq., Code of
Virginia of 1950, as amended, all that certain real property in fee
simple, containing approximately 16 acres, more or less, land including
necessary temporary and permanent easements as shown on the plat entitled:
"Survey Showing 15.939 Acre Site, at Lynnhaven Inlet, City of Virginia
Beach, Virginia, Department of Community Services, Engineering Division,
dated June 25, 1976," plus and in addition thereto, Lots 1, 3, 4, 5, 61
6-A and 7 and all accretion of land thereto, said plat being redorded in
Map Book 115, at page 21, in the Clerk's Office of the City of Virginia
Beach, Virginia, this plat is also being on file in the Public Works
Department, Engineering Division, Municipal Center, Virginia Beach,
Virginia.
Section 2. That the City Attorney is hereby authorized to make
or cause to be made on behalf of the City of Virginia Beach, to the extent
that funds are available, a reasonable offer to the owners or persons
having an interest in said lands, if refused, the City Attorney is hereby
authorized to institute proceedings to condemn said property.
-Section 3. That an emergency is hereby declared to exist and
this Ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
-1 9-
P L A N N I N G A G E N D A
ITEM II-G.l.a ITEM #16806
Walter Monaban appeared in bebalf of tbe applicant requesting deferral
of one week. This matter had been deferred for sixty (60) days on
April 13, 1981.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to DEFER FOR ONE WEEK the application of C & C
INVESTMENTS, INC., for a Change of Zoning District Classification, as per
the following:
Ordinance upon application of C & C Investments, Inc., for a
Change of Zoning District Classification from R-8 Residential
District to 0-1 Office District on certain property located
on thc East side of Grayson Road, beginning at a point 600
feet more or less North of Bonney Road, rtmning a distance of
519.69 feet along the Northern property line, rmning a distance
126.16 feet in a Southeasterly direction, running a distance of
of 2015.10 feet in a Southwesterly direction, running a distance
of 270 feet in a Westerly direction, rtmning a distance of 112
feet'in a Nortberly direction and rimning a distance of 185 feet
in a Westerly direction. Said parcel contains 2.83 acres.
KEMPSVILLE BOROUGH.
Voting: 8-1
Council Members Voting Aye: (for deferral)
E. T. Buchanan, F. Reid Ervir6 Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. 'Holland, M.D., W. H. Kitchin, III,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Jobn A. Baua6 and Mayor J. Henry McCoy, Jr., D.D.S.
- 20-
ITEM II-G.2.a ITEM #16807
John Wallet appeared in behalf of his application.
Upon motion by Councilman Kitchin, seconded by Councilwoman Henley, City
Council voted to.uphold the recommendation of the Planning Commission
and APPROVE the application of BIRDNECK OFFICE PARK for a Change of
Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
ORD@CE TJPON APPLICATION OF B3RDNECK OFFICE Z0681575
PARK FOR A CH&NGE OF ZONING DISTRICT CLASSIFI-
CATION FROM R-6 RESIDENTIAL DISTRICT TO A-2
APARTMENT DISTRICT
BE IT ORDAINED BY TliE COIINCIL OF TBE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Birdneck Office Park for a
Change of Zoning District Classification from R-6 R6sidential
District to A-2 Apartment District on certain property located
at the Northwestern terminus of B Street, running a distance
of 34.43 feet along the Southern property line, running a
distance of 183.62 feet along the Western property line, running
a distance of 90 feet along the Northern property line and
rtmning a distance of 200 feet more or less along the Eastern
property line. Said parcel contains .27 acre more or less.
LYNNH&VEN 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.
4. Applicant agrees to voltmtarily prepare an agreement
notifying tenants of noise zone level.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Fifteenth day of June, 1981.
21-
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Erv@ Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Ba@ and Mayor J. Henry McCoy, Jr., D.D.S.
2 2-
ITEM II-G.2.i ITEM #16808
THIS APPLICATION WAS BROUGHT FORWARD
Edward W. Few, III, appeared in behalf of his application.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of EDWARD W. FEW, III, for a Conditional Use
Permit, subject to the recommended conditions transmitted in the City
Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF EDWARD W. FEW, R0681400
III, FOR A CONDITIONAL USE PERMIT FOR AN
ATJTOMOTIVE REPAIP, SHOP
BE IT ORDAINED BY THE COLINCIL OF TEE CITY OF VMGINIA
BEACH, VIRGINIA:
Ordinance upon application of Edward W. Few, III, for a
Conditional Use Permit for an automotive repair shop
on certain property located more or less West of'Salem
Road, running a distance of 350 feet along the North
side of Recreation Drive, running a distance of 228.92
feet along the Western property line, running a distance
of 350 feet along the Northern property line and running
a distance of 228.92 feet along the Eastern property line.
Said parcel contains 2 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Approval is for a period of two (2) years.
2. Standard improvements as required by the Site Plan
Ordinance depends upon Engineering comments.
3. All repair work is to be performed within a building.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Fifteenth day of June, 1981.
2 3-
Voting 9-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. BamN and Mayor J. Henry McCoy, Jr., D.D.S.
2 4-
ITEM II-G.2.h ITEM #16809
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
City Council voted to REFER BACK TO THE PLANNING COMMISSION the application
of CHRISTIAN BROADCASTING NETWORK for a Change of Zoning District Classifi-
cation from R-8 Residential District to A-2 Apartment District on a 35.3
acre parcel, WITH THE UNDERSTANDING that "we are not referring it back to
be rezoned to A-2, but to find a position where the student housing can
be built without increasing the density factor so the City will be fair
to all the neighbors that surround this complex":
Ordinance upon application of Christian Broadcasting Network
for a Change of Zoning District Classification from R-8 Residential
District to A,2 Apartment District on certain property located on
the East side of Centerville Turnpike beginning at a point 500
feet South of the intersection with West Centerville Turnpike,
running a distance of 306.28 feet along the East side of
Centerville Turnpike, running a distance of 1074.28 feet in a
Southeasterly direction, running a distance of 386.92 feet in
a Northeasterly direction, running a distance of 246.08 feet
in a Southeasterly direction, running a distance of 634.57 feet
in a Southwesterly direction, rtmning a distance of 766.13 feet
in a Southeasterly direction, running a distance of 1077.28 feet
in a Northeasterly direction, running a distance of 2500.77 feet
along the Northern property line, rtmning a distance of 50 feet
along the East side of Centerville Turnpike, running a distance
of 371.38 feet in an Easterly direction, rtmning a distance of
498.67 feet in a Southerly direction and running a distance of
262.09 feet in a Westerly direction. Said parcel contains
35.3 acres. KEMPSVILLE BOROUGH.
Voting: 8-1
Council Members Voting Aye: (for deferral)
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, iii,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John A. Batm6 and Mayor J. Henry McCoy, Jr., D.D.S.
2 5-
ITEM II-G.2.b ITEM #16810
COUNCILMAN STANDING LEFT CHAMBERS
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Mrs Lyvonne Wilson appeared requesting denial of the request for a change
of oning from R-8 to H-1, representing the Newlight Civic League.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change
of Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
AN ORDINANCE UPON APPLICATION OF CBRISTIAN Z0681576
BROADCASTING NETWORK FOR A CHAN(!E OF ZONI-NG
DISTRICE CLASSIFICATION FROM 0-1 OFFICE
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY TBE COUNCIL OF TEE CITY OF VIRGMIA BEACH,
VIRGINIA:
Ordinance upon application of Christian Broadcasting Network
for a'Change of Zoning District Classification from 0-1 Office
District to B-2 Commtmity Business District on certain property
located at the Southwest intersection of Indian River Road and
Centerville Turnpike Relocated, running a distance of 475 feet
more or less along the South side of Indian River Road, running
a distance of 701 feet more or less along the Western property
line and rtmning a distance of 1026 feet more or less along tbe
Western boundary of Centerville Turnpike Relocated. Said parcel
contains 5.7 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjtmction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The developer is to provide adequate downstream drainage
improvements and easements as necessary.
4. WAIVE right-of-way improvements along the frontage on Indian
River Road; this includes curb and gutter, pavement widening
a right-turn lane, and drainage structure as shown on the
Indian River Road, Phase II, plans. WAIVE the installation
of sidewalks along this frontage on Indian River Road.
5. The developer is to install standard right-of-way improvements
to existing Centerville Turnpike, including curb and gutter,
sidewalk, pavement widening, and drainage facilities.
6. The provision of left-turn lanes as needed.
7. As part of previous reviews of CBN plans, three traffic
signals were required. The developer is to bear the full
cost of an additional traffic signal on Indian River Road
to service the proposed co@-rcial site.
2 6-
8. A 25-foot scenic easement or acceptable landscaped
alternative along Indian River Road.
9. A 15-foot dedication along Centerville Turnpike.
10. The dedication of additional right-of-way along this
site's frontage on Indian River Road so as to provide
for a future eight-lane roadway. The applicant
is to prepare a recordable agreement and file it@ in
the office of the Clerk of Circuit Court advising
they will dedicate additional right-of-way, if and
when needed.@
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,,Virginia,
on the Fifteenth day of June, 1981.
Voting: 8-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
- 2 7-
ITEM ii-G.2.c ITEM #16811
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Mrs. Lyvonne Wilson appeared requesting denial of the request for a change
of zoning from R-8 to H-1, representing the Newlight Civic League.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission and
APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change of
Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter:
ORDINANCE UPON APPLICATION OF CHRISTIAN Z0681577
BROADCASTING NETWORK FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2 COMt4UNITY-
BUSINESS DISTRICT TO H-1 HOTEL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Christian Broadcasting
Network for a Change of Zoning District Classification
from B-2 Community-Business District to H-1 Hotel
District on certain property located at the Southeast
intersection of Indian River Road and Centerville
Turnpike Relocated, running a distance of 534.68 feet
along the South side of Indian River Road, running a
distance of 320.26 feet along the Eastern property
line, rtmning a distance of 465.27 feet in a Westerly
direction, running a distance of 323.04 feet in a
Southwesterly direction, running a distance of 203.52
feet in a Northwesterly direction, rmning a distance
of 388.80 feet in a Northerly direction and running a
distance of 400 feet more or less along the East side
of Centerville Turnpike Relocated. Said parcel contains
6.8 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conitmction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The developer is to provide adequate downstream drainage
improvements and easements as necessary.
4. WAIVE right-of-way improvements along tbe frontage on Indian
River Road; this includes curb and gutter, pavement widening
a right-turn lane, and drainage structure as shown on the
Indian River Road, Phase II, plans. WAIVE the installation
of sidewalks along this frontage on Indian River Road.
5. The developer is to install standard right-of-way improvements
to existing Centeiville Turnpike, including curb and gutter,
sidewalk, pavement widening, and drainage facilities.
6. The provision of left-turn lanes as needed.
7. As part of previous reviews of CBN plans, three traffic
signals were requ@ed. The developer is to bear the full
cost of an additional traffic signal on Inaian River Road
to service the proposed commercial site.
- 2 8-
8. A 25-foot scenic easement or acceptable landscaped
alternative along Indian River Road.
9. A 15-foot dedication along Centerville Turnpike.
10. The dedication of additional right-of-way along this
site's frontagd on Indian River Road so as to provide
for a future eight-lane roadway. The applicant
is to prepare a recordable agreement and file it in
the office of the Clerk of Circuit Court advising
they will dedicate additional right-of-way, if and
when needed.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Fifteentb day of June, 1981.
Voting: 8-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervih, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D,, W. R. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baug, Mayor J.'Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
2 9-
ITEM II-G.2.d ITEM #16812
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Mrs. Lyvonne Wilson appeared requesting denial of the request for a change
of zoning from R-8 Residential District to H-1 Hotel District, representing
Newlight Civic League.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change
of Zoning District Classification, subject to the recommended condit@ons
transmitted in the City Manager's letter, as follows:
AN ORDINANCE UPON APPLICATION OF CHRISTIAN Z0681578
BROADCASTING NETWORK FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO H-1 HOTEL DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Christian Broadcasting Network
for a Change of Zoning District Classification from R-8
Residential District to H-1 Hotel District on certain property
located on the South side of Indian River Road beginning at a
point 500 feet more or less East of Centerville Turnpike, running
a distance of 225.01 feet along the South side of Indian River
Road, running a distance of 734.91 feet along the Eastern property
line, running a distance of 600 feet along the Southern property
line, rtmning a distance of 323.04 feet along the Western property
line, rtmning a distance of 465.27 feet in an Easterly direction
and rtmning a distance of 320.26 feet in a Northerly direction.
Said parcel contains 7.1 acres. KENPSVILLE BOROUGH.
Approval is subject to the following provisions iri conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The developer is to provide adequate downstream drainage
inprovements and easements as necessary.
4. WAIVE right-of-way improvements along the frontage on Indian
River Road; this includes curb and gutter, pavement widening,
a right-turn lane, and drainage structure as shown on the
Indian River Road, Phase II, plans. WAIVE the installation
of sidewalks along this frontage on Indian River Road.
5. DELETE the provision that the developer is to install standard
right-of-way improvements to existing Centerville Turnpike,
including curb and gutter, sidewalk, pavement widening, and
drainage facilities.
6. The provision of left-turn lanes as needed.
7. As part of previous reviews of CBN plans, three traffic signals.
were required. The developer is to bear the full cost of an
additional traffic signal on Indian River Road to service the
proposed commercial site.
8. A 25-foot scenic easement or acceptable landscaped alternative
along Indian River Road.
- 30-
9. DELETE the 15-foot dedication along Centerville Turnpike.
10. The dedication of additional right-of-way along this
site's frontage on Indian River Road so as to provide
for the future eight-lane roadway. The applicant is
to prepare a recordable agreement and file it in the
Office of the Clerk of Circuit court advising they
will dedicate additional right-of-way, if and when
needed.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on t.he Fifteenth day of June, 1981.
Voting: 8-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. R. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Jobn A. Ba@ Mayor J. Henry McCoy, Jr., D. D. S. , and
Patrick L. Standing
- 31-
ITEM II-G.2.e ITEM #16813
Attorney G@over C. Wright, Jr., appeared in behalf of the applicant
Mrs. Lyvonne Wilson appeared requesting denial of the request for a change
of zoning from R-8 Residential District to H-1 Hotel District, representing
Newlight Civic League.
Councilwoman oberndorf made a motion, seconded by Councilwoman Henley, to
DENY the application of CHRISTIAN BROADCASTING NETWORK for a Change of
Zoning District Classification from R-8 Residential District to B-2
Community-Business District.
Councilman Holland offered a SUBSTITUTE MOTION, seconded by Councilwoman
McClanan, to uphold the recommendation of the Planning Commission and
APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change
of Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF CHRISTIAN Z0681579
BROADCASTING NETWORK FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-8
RESIDENTIAL DISTRICT TO B-2 COMMUNITY-
BUSINESS DISTRICT
BE IT ORDAINED BY THE COIINCIL OF TEE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Christian Broadcasting Network
for a Change of Zoning District Classification from R-8
Residential District to B-2 Community Business District on
certain property located on the South side of Indian River
Road beginning at a point 770 feet East of Centerville
Turnpike, running a distance of 1295.75 feet along the
South side of Indian River Road, running a distance of
1516.69 feet along the Eastern property line, running a
distance of 661.61 feet along the Southern property line,
running a distance of 1039.20 feet in a Northeasterly
direction, running a distance of 633 feet in a Northwesterly
direction and running a distance of 734.91 feet in a North-
easterly direction. Said parcel contains 28 acres.
KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The developer is to provide adequate downstream drainage
improvements and easements as necessary.
4. WAIVE right-of-way improvements along the frontage on Indian
River Road; this includes curb and gutter, pavement widening,
a rigbt-turn lane, and drainage structure as shown on the
lndian River Road, Phase II, plans. WAIVE the installation
of sidewalks along this frontage on Indian River Road.
5. DELETE the provision that the developer is to install standard
right-of-way improvements to existing Centerville Turnpike,
including curb and gutter, sidewalk, pavement widening, and
drainage facilities.
6. The provision of left-turn lanes as needed.
3 2-
7. As part of previous reviews of CBN plans, three traff ic
signals were required. The developer is to bear the full
cost of an additional traffic signal on Indian River Road
to service the proposed commercial site.
8. A 25-foot scenic easement or acceptable landsr-aped alternative
along Indian River Road.
9. DELETE the 15-foot dedication along Centerville Turnpike.
10. The dedication of additional right-of-way along this
site's frontage on Indian River Road so as to provide
for the future eight-lane roadway. The applicant is
to prepare a recordable agreement and file it in the
Office of the Clerk of Circuit Court advising they
will dedicate additional right-of-way, if and when
needed.
11. The developer is to design the ultimate four-lane section
of Centerville Turnpike Relocated and construct two of the
ultimate four-lanes along property belonging to CB14.
12. A dedication of a 110-foot right-of-way for Centerville
Turnpike Relocated, and the dedication of a 150-foot
drainage easement for the relocation of the Cedar Hill
Canal as shown on the plans on file in the City Engineer's
Office.
13. The applicant has voltmtarily agreed to prepare a recordable
agreement advis:Lng that a 150-foot buffer along the Eastern
property line will remain R-8 Residential District; AND a
150-foot buffer along the Southern property line will remain
R-5 Residential District.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Fifteenth day of June, 1981.
Voting: 6-)
Council Members Voting Aye: (substitute motion)
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
Jobn A. Baun6 Mayor J. Ileary McCoy, Jr., D. D. S. , and
Patrick L. Standing
- 3 3-
ITEM II-G.2.f ITEM #16814
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Mrs. Lyvonne Wilson appeared requesting denial of the request for a change
of zoning from R-8 to H-1, representing Newlight Civic League.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change
of Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF CHRISTIAN Z0681580
BROADCASTING NETWORK FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-8
RESIDENTIAL DISTRICT TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF TBE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Christian Broadcasting
Network for a Change of Zoning District Classification
from R-8 Residential District to 0-1 Office District
on certain property located on the East side of
Centerville Turnpike beginning at a point 40 feet more
or less North of the intersection with West Centerville
Turnpike, running a distance of 59 feet along the East
side of Centerville Turnpike, running a distance of
299.72 feet in an Easterly direction, rtmning a distance
of 98.91 feet in a Northerly direction, running a
distance of 316.04 feet in a Westerly direction, running
a distance of 86.08 feet along the East side of Centerville
Turnpike, running a distance of 426.16 feet in an Easterly
direction, running a distance of 82 feet in a Southerly
direction, running a distance of 974.44 feet in an Easterly
direction, runriing a distance of 1252.69 feet in a Northerly
direction, running a distance of 1233.10 feet in an Easterly
direction, running a distance of 1039.20 feet in a Southerly
direction, running a distance of 140 feet in an Easterly
direction, rtmning a distance of 568.43 feet in a Soutberly
direction and running a distance of 2500.77 feet along the
Southern property line. Said parcel contains 56.4 acres.
KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The developer is to provide adequate downstream drainage
i.mprovements and easements as necessary.
4. WAIVE ripht-of-way improvements along the frontage of Indian
r Road; this includes curb and gutter, pavement widening,
a right-turn lane, and drainage structure as shown on the
Indian River Road, Phase II, plans. WAIVE the installation
of sidewalks along this frontage on Indian River Road.
34-
5. The developer is to install standard right-of-way
improvements to existing Centerville Turnpike,
including curb and gutter, sidewal@ pavement widening,
and drainage facilities.
6. The provision of left-turn lanes as needed.
7. DELETE the three traffic signals and the provision tbat
the developer is to bear the full cost of an additional
traffic signal on Indian River Road to service the
proposed co-n-rcial site.
8. DELETE the 25-foot scenie easement on acceptable landscaped
alternative along Indian River Road.
9. A 15-foot dedication along Centerville Ttwnpike.
10.@ DELETE the dedication of additional right-of-way along.
this site's frontage on Indian River Road so as to provide
for a future eight-lane road.
11. The developer is to.design the ultimate four-lane section
of Centerville Turn@ike Relocated, and construct two of the
ultimate four-laneg along property belonging to CBN.
12. A dedication of a 110-foot right-of-way for Centerville
Turnpike Relocated, and the dedication of a 150-foot
drainage easement for the relocation of the Cedar Hill
Canal as shown on the plans on file in the City Engineer's
Office.
13. The applicant has voltmtarily agreed that a 25-foot buffer
along the Eastern property line will remain R-8 Residential
District.
This Ordinance shall b6 effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Fifteenth day of June, 1981.
Voting: 8-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. U. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Batm6 Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
- 3 5-
ITEM II-G.2.g ITEM #16815
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Mrs. Lyvonne Wilson appeared requesting denial of tbe request for a
change of zoning from R-8 to H-1, representing Newligbt Civic League
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission and
APPROVE the application of CHRISTIAN BROADCASTING NETWORK for a Change of
Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter, as follows:
AN ORDINANCE UPON APPLICATION OF CIRISTIAN Z0681581
BROADCASTING NETWORK FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-
BUSINESS DISTRICT TO 0-1 OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Christian Broadcasting Network
for a Change of Zoning District Classification from B-2 Community-
Business District to 0-1 Office District on certain property
located on the East side of Centerville Turnpike beginning at a
point 270 feet more or less North of the intersection with West
Centerville Turnpike, running a distance of 1070 feet along the
East side of Centerville Turnpike, running a distance of 250
feet in an Easterly direction, running around a curve a distance
of 1281.49 feet, running a distance of 848.36 feet along the
Eastern property line, running a distance of 974.44 feet in a
Westerly direction, running a distance of 82 feet in a Northerly
direction and running a distance of 426.16 feet in a Westerly
direction. Said parcel contains 21.5 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The developer is to provide adequate downstream drainage
improvements and easements as necessary.
4. WAIVE the right-of-way improvements along the frontage on
Indian River Road; this includes curb and gutter, pavement
widening, a right-turn lane, and drainage structure as shown
on the Indian River Road, Phase II, plans. WAIVE the
installation of sidewalks along this frontage on Indian River
Road.
5. The developer is to install standard right-of-way improvements
to existing Centerville Turnpike, including curb and gutter,
sidewalk, pavement widening, and drainage facilities.
6. The provisions of left-turn lanes as needed.
7. DELETE the fhree traffic signals, and the provision that the
developer is to bear the full tost of an additional traffic
signal on Indian River Road to service the proposed commercial
site.
3 6-
8. DELETE the 25-foot scenic easement or acceptable landscaped
71ternative along Indian River Road.
9. A 15-foot dedication along Centerville Turnpike.
10. DELETE the dedication of additional right-of-way along
this site's frontage on Indian River Road so as to provide
for a future eigbt-lane roadway.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Fifteenth day of June, 1981.
Voting: 8-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. 14cClanan, and Meyera E. oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baun, Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
- 3 7-
0 R D I N A N C E S F I R S T R E A D I N G S
ITEM II-H.l.a ITEM #16816
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to accept a Grant totaling $39,824
from the Division of Justice arid Crime Prevention and to appropriate
these funds:
Voting: 8-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
3 8-
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $39,824 FROM THE DIVISION
OF JUSTICE AND CRIME PREVENTION AND
TO APPROPRIATE THESE FUNDS
WHEREAS; the City of Virginia Beach wishes to continue a
Program to assist victims and witnesses in understanding the operations
and procedures of the Criminal Justice System; and,
WHEREAS, the Division of Justice and Crime Prevention (DJCP),
has approved necessary funding to accomplish the objective stated above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the Grant
for the City, and funds are hereby appropriated for the following purposes:
Estimated Revenue Local Total
From Other Agencies Match Appropriation
Victim/Witness Program $30,491 $9,333 $39,824
BE IT FURTHER ORDAINED tbat the appropriations will be financed
by $30,491 Estimated Revenue from the DJCP and a local cash match of
$9,333 from the City's Unappropriated Fund Balance; and,
BE IT FURTHER ORDAINED that two personnel positions are hereby
authorized for the duration of the Grant, to be paid from the Grant, with
the classes of employees to be determined by the City Manager.
FIRST READING: 15 June 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
3 9-
ITEM II-H.l.b ITEM #16817
Upon motion by Councilman Holland, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to appropriate funds of $290,043
for police and fire vehicles and reduce the 1981-82 Budget appropriations
for these vehicles by $343,200.
Voting: 7-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
and Reba S. McClanan
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
40-
Ali ORDINANCE TO APPROPRIATE FUNDS
OF $290,043 FOR POLICE AND FIRE
VEHICLES AND REDUCE THE 1981-82
BUDGET APPROPRIATIONS FOR THESE VEHICLES
BY $343,200
WHEREAS, a recent bid by the Ford Motor Company on full size
Ford LTD's for the State Police Department was considerably lower than
the proposed police vehicle cost for the same unit in the City's FY 82
Budget; and,
WHEREAS, the Ford Motor Company has agreed to include thirty-nine
vehicles for the City of Virginia Beach in this 1981 production order at a
cost of $7,437 per vehicle; and,
WHEREAS, this unit cost produces a savings of $53,157 over
the proposed FY 82 unit cost of $8,800 per vehicle; and,
WHEREAS, thirty-seven of these vehicles were included in the
FY 82 Police Department Budget and two vehicles were included in the FY 82
Fire Department Budget; and,
WHEREAS, an order for these units needs to be placed before
the end of the 1981 figcal year in order to include them in Ford's 1981
production.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds of $290,043 be appropriated from the General Fund
Balance for the purpose of purchasing thirty-seven police vehicles and
two fire vehicles as follows:
Appropriation
Police Department $275,169
Fire Department 14,874
Total $290,043
BE IT F,URTHER ORDAINED that the FY 82 Operating Budget for.
the Police and Fire Departments for the acquisition of these vehicles be
reduced by $325,600 and $17,600 respectively.
This Ordinance shall be in effect from and after its adoption.
FIRST READING: 15 June 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on,the day of 1 981.
- 41-
ITEM II-H.l.c ITEM #16818
Upon motion by Councilman Holland, seconded by Co,uncilman Buchanan, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON FIRST READING the Ordinance to appropriate funds of $20,460 to the
Southeastern Public Service Authority.
Voting: 8-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
42-
AN ORDINANCE TO APPROPRIATE FUNDS OF
$20,460 TO THE SOUTHEASTERN PUBLIC
SERVICE AUTHORITY
WHEREAS, the Southeastern Public Service Authority is involved
in the search for sources of water supply for Southeastern Virginia; and,
WHEREAS, the Authority's Board of Directors has selected a
firm to undertake the next phase of a engineering work associated with
the development of Somerton Creek in the City of Suffolk and Assamoosick
Swamp in Southampton and Sussex Counties as sources of water supply for
Southeastern Virginia; and,
WHEREAS, funding for the engineering services is to be provided
by member Cities on a population basis using the 1980 Census as a base;
and,
WHEREAS, based on this formula the funding required of the
City of Virginia Beach is $20,460 which is 31% of the total cost.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funding in the amount of $20,460 be appropriated from the
General Fund Balance to the Municipal Council as a contribution to the
Southeastern Public Service Authority for engineering purposes as stated
above.
This Ordinance shall be in effect from the date of its adoption.
FIRST READING: 15 June 1981
SECOND READING:
Adopted'by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
- 4 3-
ITEM II-H.l.d ITEM #16819
Upon motion by Councilman Holland, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to accept a Grant totaling $26,547
from the Division of Justice and Crime Prevention and to appropriate
these funds.
Voting: 8-0
Council Members Voting Aye:
E. T. Buchanar4 F. Reid Ervin, Acting Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
44-
ORDINANCE TO ACCEPT A GRANT
TOTALING $26,547 FROM THE
DIVISION OF JUSTICE AND CRIME
PREVENTION, AND TO APPROPRIATE THESE FUNDS
WHEREAS,, the Commonwealth's Attorney desires to more effectively
prosecute career criminals and major violators charged with crimes; and,
WHEREAS, the Division of Justice and Crime Prevention (DJCP),
has approved Fourth Year funding to accomplish the above objective.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a Grant be accepted and appropriated for the following
purpose:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Major Violator Unit $11,263 $15,284 $26,547
That the appropriations be financed by $11,263 Estimated Revenue
from DJCP, and a local contribution of $15,284 from the City's Unappropriated
Fund Balance; and,
That one personnel position be authorized for the duration
of this Grant, to be paid from the Grant, with the class of employee to
be paid from the Grant, with the class of employee to be determined by
the City Manager.
FIRST READING: 15 June 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
- 4 5-
A P P 0 I N T M E N T S
ITEM II-I.1 ITEM #16820
Appointments to the HISTORICAL REVIEW BOARD were deferred until the
meeting of June 22, 1981.
U N F I N I S H E D B U S I N E S S
ITEM II-J.1 ITEM #16821
The City Manager advised former Judge Vernon Hitchings that the City
Attorney had been directed to prepare an amendment to the existing
Amusement Tax Ordinance clarifying, within the jurisdictional limits
of the City of Virginia Beach, the amusement tax would be solely upon
tbose facilities that are operating within the City of Virginia Beach.
If the charter boat operators are conducting business outside of the
jurisdictional limits of the City of Virginia Beach, plus one (1) mile,
they would be exempt from this particular Ordinance. Anyone else
operating or fishing or having a tour boat guide would be taxable under
the ex3@-sting Ordinance.
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #16822
Upon motion by Councilman Ervin, City Council adjourned at 4:45 p.m.
Diane M. Hickman, Deputy City Clerk
Ru@h Hodges 96ith, City Clerk ng Mayor
I
City of Virginia Beach, Approved by City @'Ouncil
Virginia
15 June 1981 June 15, 1981 .4@ -g
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