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HomeMy WebLinkAboutFEBRUARY 23, 1981 MINUTES Cit@ C>f "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR J. HENRY hi@COY JR.. D.D.S., 8 --- b ViCE-A4A YOR IIAROLD IIEISCHOSER. A, L.,,. loifN A. BAUM. Bi.ci-,., B.-lb F. REID ERVIN, A, L.,,. BARBARA M. HENLEY, P..R. B.-Rb CLARENCE A. HOLLAND, M.D., B.y.id. B...gb W. H. KITCHIN. lit. Villi.i. B-,b B...Ib REBA S. M,CLANAN. P,i.c-. A-, B.-.Rb DONALD W. MERRICK. Ly..b... S.@.gb MEYERA E. OBERNDORF, A, L.,,. 212 CITY HALL SVIILDING PATRICK L. STANDING, A' L.19. ATUNICIPAL CEKTER VIRGtNiA BEACH, VIRCINIA 23436 RUTH HODGES SMITH, Cily Cl-lk (804) 4Z7-4303 CITY COUNCIL AGENDA February 23, 1981 ITEM I INFORMAL SESSION: 5:30 p.m. - Conference Room 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. Marine Science Museum: Presentation by Mr. Mac Rawls 4. New Zoning Maps: Presentation by Mr. Robert Scott, Planning Department Director. 5. Consolidation of City and Non-Teaching School Services: Discussion of proposal by Councilwoman Meyera Oberndorf ITEM II FORMAL SESSION: 7:00 p.m. - Council Chambers A. INVOCATION: Reverend Thomas H. Britton Pastor Lynnhaven Colony United Church of Christ B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL ITEM II D. MINUTES OF PREVIOUS MEETINGS: 1. Motion to accept/approve: Minutes of Special Meeting February 5, 1981; Minutes of Regular Meeting February 9, 1981; Minutes of Special Meeting February 13, 1981; and Minutes of Special Meeting February 18, 1981. E. PRESENTATIONS 1. Mr. E. R. Cockrell 2. Mr. Roy D. Creef 3. Mr. Joseph M. Dodd 4. Mr. Herbert D. Smith F. CONSENT AGENDA All matters iisted 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. Deferred on February 9, 1981, the application of the Society for the Preservation and Encouragement of Barber Shop Quartets Singing Association for a raffle permit. 2. Raffle permits: Lambda Gamma Omega Chapter of Raffle Alpha Kappa Alpha, Inc. Virginia Beach Education Raffle Association James K. Cole Memorial Raffle S.cholarship Fund, Ltd. Princess Anne Ruritan Club Raffle Marching Cavaliers Parents' Raffle Association Seahawk Booster Club Raffle Kiwanis Club of Green Run Raffle 3. Appointment of Viewers in the application of George A. Knaysi and Susan Ramsay Knaysi for the closure of a 15-foot alley, block 20, of Croatan Beach (Lynnhaven Borough). 4. Appointment of Viewers in the application of Robert H. Bennett, Trustee for Claudia Mae Clifton, for the closure of a 15-foot alley, block 22, of Croatan Beach (Lynnhaven Borough). 5. Ordinance, on second reading, to appropriate funds granted from the State Department of Mental Health and Mental Retardation (SDMH/MR) in the amount of $20,200 to Department of Health and Mental Retardation. ITEM II G. PLANNING ITEMS 1. Deferred Items a. Application of R and R corporation for a change of zoning from AG-@ Tgricultural District to B-2 Conmunity- usiness District on a 34.49-acre parcel and a change of zoning from AG-1 Agricultural District to B-2 Comm@t -B si@ness District on an 18.65-acre parcel located between Landstown Road and Princess Anne Road, east of their intersection (Princess Anne Borough). (Deferred for 30 days on January 19, 1981.) 1. Letter from the City Manager transmits the reconmendation of the Planning Commission for denial. 2. New Items a. Application of OH Associates, a General Partnership, for a change of zoning from 0-1 Office District to B-2 Communi@Business Dist l@ct on a .482-acre parcel and a change of zoning from R-6 Residential District to B-2 Conununity-Business District on a 1.126-acre parcel located on the west side of Kempsville Road, south of Princess Anne Road (Kempsville Borough). 1. Letter from the City Manager transmits the recormendation of the Planning Commission for approval. b. Application of Hickory Corporation for a change of zoning from R-6 Residential District to A-2 @rt- ment District on a .43-acre parcel located on the north side of Old Virginia Beach Road, west of Barberton Drive (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. C. Application of Holidav Vil a@ge, Inc. for a change of zoning from R-8 Residential District to B-2 Community-Business District on an 8.03-acre parcel located on the west side of General Booth Boulevard, south of Birdneck Road (Princess Anne Borough). 1. Letter from the City Manager transrnits the reconunendation of the Planning Commission for approval. d. Application of Walter E. Sullivan, Bishop of Richmond, and Joseph L. Clark, Pastor of Saint Mark's Catholic Church for a conditional use permit for a church on a 6.56-acre parcel located on the west side of Kempsville Road, south of Indian River Road (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM 11 G. PLANNING ITEMS (Continued) 2. New Items (Continued) e. Application of Tho-mas P-. and Joann Collins for a conditional use permit for a home occupation (electrolysis) on a .346-acre parcel located on the north side of Bells Road, west of South Birdneck Road (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Comission for approval. f. Application of Baillio Sand Companv. Inc. for a conditional use permit Yor borrow pit on a 102.96-acre parcel lo6ated on the west side of Princess Anne Road, south of Sandbridge Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Co=nission for approval. g. Application of Robert Epstein for a conditional use permit for a 50-unit motel on a .50-acre parcel located at the northeast corner of Pacific Avenue and 7th Street (Virginia Beach Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. h. Application of T. A. Wiley, T/A T. A. Wiley Jeweler for a conditional use permit for a home occupation (jewelry repair) on a .24-acre parcel located on the east side of Sanford Avenue, north of Twohy Lane (Bayside Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. i. Application of Martha M. Hall for a conditional use permit for a coll c@t on@depot for recyclable materials (gold, silver and other precious metals) on a .28-acre parcel (Bayside Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission that Council allow withdrawal of this request and a refund of the applicant's fee. j. Application of F. T. Stant III for a conditional use permit for a single-family dwelling on a 36.24- acre parcel located on the east side of West Neck Road, north of West Landing Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II G. PLANNING ITEMS (Continued) 2. New Items (Continued) k. Application of Colby D. Rehmert for a variance to Section 4.4(b) of @he division ordinance which requires lot dimensions to conform to the Comprehensive Zoning ordinance. Applicant wishes to subdivide a 4.16-acre site, located at the terminus of Timberland Trail, into two lots (Lynnhaven Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Cormission for denial. 1. Application of William T. Baker for a variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created through subdivision have direct access to a public street. Applicant wishes to subdivide a 3.75- acre site into two lots. This property is located on the west side of Indian River Road, south of Elbow Road. 1. Letter from the City manager transmits the reco=nendation of the Planning Commission that Council allow withdrawal of this request and a refund to the applicant's fee. M. Request by Rose E_l@l Village Associates, pursuant to the Site Plan Ordinance, Section 7.2, to appeal the decision of the City Manager. 1. Letter from the City Manager states his reconmendation that Council deny this request as there is no evidence a hardship exists. H. ORDINANCES 1. ordinance proposing the construction of a storm water sewer from Alcott Road, to Johnson Street, through King's Point subdivision, in the City of Virginia Beach, the cost thereof to be apportioned between the City of Virginia Beach and the ahutting landowners and directing the City Clerk to give notice thereof, pursuant to the statutes for such cases made and provided. I. UNFINISHED BUSINESS 1. Appointments - Mental Health/Mental Retardation Services Board J. NEW BUSINESS K. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 23 February 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room, City Hall Building, on Monday, 23 February 1981 at 5: 35 p . m. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: Clarence A. Holland*, and Donald W. Merrick ITEM #16269 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, or employees of any public body. (Personnel Matters). 2. Discussion or consideration of the condition, acquisition use of real property for public purpose, or other disposition of publicly held property. (Acquisition, use or disposition of publicly held property). 3. Consultation with legal Counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. (Legal Matters). - 2- Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Counc:il voted to recess into EXECUTIVE SESSION following the INFORMAL SESSION. Voting : 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland*, and Donald W. Merrick *COUNCILMAN HOLLAND ENTERED MEETING AT 5:39 p.m. - 3- M A T T E R S B Y T H E M A Y 0 R SPECIAL MEETING ITEM #16270 Mayor McCoy requested the COMMUNITY DEVELOPMENT ADVISORY COMMITTEE call a Special Meeting on Monday, March 16, 1981, at 11:00 in the morning to meet with City Council for the purpose of discussing the possibility of utilizing Community Development funds for drilling of wells, etc. METER HOOKUPS ITEM #16271 Mayor McCoy requested the City consider lifting the "moratorium" on water meter hookups. The City Manager advised Council that if the City is successful in drilling the wells in Suffolk, Isle of Wight County, and Southampton County (if they reconsider to permit the City to drill), "there should be a light at the end of the tunnel." However, the City Manager would like the City to begin working on the wells and, also, receive an indication from Norfolk that they do not object to this City trans- mitting the water through their lines before restoring water meter hookups. ENCROACHMENTS ITEM #16272 Mayor McCoy requested an Ordinance be drafted to permit basketball backboards in cul-de-sacs and circles of City subdivisions. BOND CONSULTANTS ITEM #16273 Mayor McCoy advised Council he received a letter from E. F. Hutton concerning the bond consultant report. Councilman Standing advised Council that the City Manager has notified the present Consultants that they need not expect their contract to be extended. MILEAGE ALLOWANCES ITEM #16274 Mayor McCoy requested information from the City Manager concerning the 181/2 cents per mile for gasoline per Council Member. The City Manager advised Council this'was a budget matter and would be discussed in Budget hearings. - 4- SCHEDULE OF EVENTS ITEM #16275 Mayor McCoy presented Council the following Schedule of Events. March 9 9:30 a.m. Meeting of the Privileges and Elections Committee of the Virginia House of Delegates Norfolk - Kirn Memorial Library Public Hearing on Redistricting March 11 8:00 a.m. Council basketball team practice Kempsville Recreational Center March 13 7:00 p.m. Council - Recreational Department Basketball Game - Kempsville Recreational Center March 16 11:00 a.m. Special Meeting of the Community Development Advisory Committee and City Council March 17 10:00 a.m. Annual meeting of the Department of Highways and Transportation Suffolk Office March 17 2:30 p.m. Meeting of the Privileges and Elections Committee of the Virginia Senate Kirn Memorial Library - Norfolk Public Hearing on Redistricting PAVILION DEDICATION ITEM #16276 Mayor McCoy advised Council that the week of the Pavilion dedication will greatly involve Council, and requested one Council Member per evening host the Pavilion activities. M A T T E R S B Y C 0 U N C I L M E M B E R S DEFERRED COMPENSATION PLAN ITEM #16277 Councilman Ervin requested information concerning the Deferred Compensation Plan for City Employees. The City Manager advised Council he has received letters from Insurance Companies concerning this matter; however, the problem is the Insurance Companies want to meet with the employee individually. The City is asking for bids from various agencies that have Deferred Compensation Plans. The City has employed the services of Stanley Clark Associates, Washington, D. C., who has a reputation for establishing and administering . Deferred Compensation Plans to prepare a Plan for the employees of the City of Virginia Beach. (Stanley Clark Associates will be paid by the employees who participate in the Plan). - 5- CHESAPEAKE BAY ITEM #16278 Councilman@Ervin made reference to a letter he wrote to the City Manager concerning waste from the ships anchored in the Chesapeake Bay. The question raised was whether the Health Department was init@.'ating an on-going water quality effort and, if not, could the City request they do this on a daily or weekly basis. Councilman Ervin advised Council he had contacted the Police Department and was informed they could not police the Bay as that was the Coast Guard's problem. The City Manager advised Council that Doctor Crawford has indicated his Office was monitoring this matter and stated they would close the beaches instead of penalizing the owners of the ships. BORROW PIT-KEMPSVILLE ITEM #16279 Councilwoman Oberndorf advised Council of problems with a borrow pit bordering on Homestead, Cedar Hill and Newlight, and requested answers to the following: 1. Why the permit was issued? 2. How it was issued? 3. What it's going to entail? 4. What type of fill? 5. Are there plans for residential development? 6. What type of fill is usually allowed to be put in the borrow pit. 7. Is it necessary to have an Environmental Impact Statement? 8. What is the zoning on the borrow pit? 9. What is the present taxation? The City Manager advised Council that a fill permit for any type of process, whether it be borrow pit or any type of land filling activity, does not require a use permit from the Council. it requires engineering studies by the individual. It can only be be handled by the property owner. There is no requirement for notices to the adjacent property owners. The borrow pit in question is privately owned. The present zoning is R-4, R-5 and R-6, and the property owner has advised the City it will take approximately ten years to fill, even though the permit is for one year. Ttie types of materials permitted, as far as fill permits are concerned, is called "solid fill", which includes concrete riprap, rubble, tires, stumps, any type of fill as long as it is solid. - 6- Councilwoman Oberndorf advised Council she would be making a motion to have the following areas addressed immediately: 1. The adjacent property owners be notified when a fill permit is extended to someone who owns a borrow pit. 2. Requiring a conditional use permit which would require a public hearing so neighbors will have some type of notification. 3. The quality of fill will not be detrimental to the health and safety of the neighborhood. It was requested the City Manager bring a report back to Council on 2 March 1981 concerning the above matter. TEXACO, INC.-RECONSIDERATION 1TEM #16280 Vice Mayor Heischober advised Council he will be.presenting under UNFINISHED BUSINESS the matter of the denial of the use permit for Texaco, Inc., at the corner of Great Neck and First Colonial Roads, which was denied by Council on 9 February 1981. I N F 0 R M A L A C E N D A MARINE SCIENCE MUSEUM ITEM #16281 Mayor McCoy introduced Mr. Mac Rawls, Director of the Virginia Beach Museum of Marine Sciences, Doctor William Hoggis, Virginia Institute of Marine Science, Mr. John R. Griffin, and Mr. Curtis Catron. Architect E. Verner Johnson, E. Verner Johnson and Associates, gave a slide presentation showing the Museum. The City Manager advised Council he has included in the Capital Improvements Program $250,000 for the Marine Science Museum. NEW ZONING MAPS ITEM #16282 Discussion on tbe New Comprhensive Zoning Maps was deferred until Council meeting of 2 March 1981. CONSOLIDATION OF CITY AND NON- TEACHING SCHOOL SERVICES ITEM #16283 Councilwoman oberndorf advised Council this matter will be presented under NEW BUSINESS in the FORMAL SESSION. - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 23 February 1981 7:20 p.m. Council Members Present: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E Oberndorf, and Patrick L. Standing Council Members Absent: Donald W. Merrick INVOCATION: Reverend Thomas H. Britton Pastor Lynnhaven Colony United Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8 M I N U T E S ITEM II-D.1 ITEM #16284 Upon motion by Councilman Holland, seconded by Councilman Baum, City Council voted to APPROVE the following sets of Minutes: Minutes of Special Meeting - February 5, 1981 Minutes of Regular Meeting - February 9, 1981 Minutes of Special Meeting - February 13, 1981 Minutes of Special Meeting - February 18, 1981 Vot ing: 10@O Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 9- P R E S E N T A T I 0 N S ITEM II-E.1 ITEM #16285 Mr. Glen Bond, National Fish and Wildlife Services, Back Bay National Wildlife Refuge, presented a check to the City of Virginia Beach in the amount of $126,124.00, in behalf of the Fish and Wildlife Services for property owned by the Services entitled Back Bay National Wildlife Refuge, 4600 acres of land. This check is in lieu of taxes, and after the property was reassessed, represents 100% of what the taxes would have been. ITEM II-E.2/4 ITEM #16286 Upon motion by Councilman Holland, seconded by Vice Mayor Heiscbober, City Council voted to ADOPT the following Resolutions of Appreciation To Retiring Council Appointees, and present same to: E. R. "DICK" COCKRELL, JR., - MOSQUITO CONTROL COMMISSION 1 9 7 3 - 1 980 ROY D. CREEF - BOARD OF PLUMBING EXAMINERS 1 96 6 - 1 9 80 JOSEPH M. DODD - BOARD OF ELECTRICAL EXAMINERS 1 9 6 8 - 1 9 80 HERBERT D. SMITH - BOARD OF ELECTRICAL EXAMINERS 1 96 8 - 1 980 Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick -10- RESOLUTION OF APPRECIATION TO E. R. COCKRELL, JR. WHEREAS, E. R. Cockrell, Jr., has served as a member of The Mosquito Control Commission, Princess Anne - Pungo - Blackwater District from 1973 to 1980; and, WHEREAS, E. R. Cockrell, Jr., has served willingly and untiringly in behalf of the City of Virginia Beach; and, WHEREAS, his dedication and unselfish service involved personal sacrifices and inconveniences, not only to him, but frequently to his family and/or business; and, WHEREAS, we trust he realized satisfaction in successfully administering in his advisory capacity not only to City Council, but to the citizens of this fast growing metropolis. NOW, THEREFORE, BE IT RESOLVED; That the Virginia Beach City Council recognizes this record of seven [7] years of distinguished service in publicly expressing its sincere gratitude for his contribution of time, energy and intellect. BE IT FURTHER RESOLVED: That this Resolution of Appreciation be made a part of the proceedings of the Formal Session of City Council this Twenty-Third day of February, 1981, in the City of Virginia Beach, Virginia. Given under my hand and seal this.Twenty-Third day of February, 1981. Mayor City of Virginia Beach -11- RESOLUTION OF APPRECIATION TO ROY D. CREEF WHEREAS, Roy D. Creef, has served as a member of the Board of Plumbing Examiners from 1966 to 1980; and, WHEREAS, Ray D. Creef, has served willingly and untiringly in behalf of the City of Virginia Beacb; and, WHEREAS, his dedication and unselfish service involved personal sacrifices and inconveniences, not only to him, but frequently to his family and/or business; and, WHEREAS, we trust he realized satisfaction in successfully administering in his advisory capacity not only to City Council, but to the citizens of this fast growing metropolis. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes this record of fourteen [14] years of distinguished service in publicly expressing its sincere gratitude for his contribution of time, energy and intellect. BE IT FURTHER RESOLVED: That this Resolution of Appreciation be made a part of the proceedings of the Formal Session of City Council this Twenty-Third day of February, 1981, in the City of Virginia Beach, Virginia. Given under my hand and seal this Twenty-Tbird day of February, 1981 Mayor City of Virginia Beach -1 2- RESOLUTION OF APPRECIATION TO JOSEPH M. DODD WHEREAS, Joseph M. Dodd, has served as a member of the Board of Electrical Examiners from 1968 to 1980; and, WHEREAS, Joseph M. Dodd, has served willingly and untiringly in behalf of the City of Virginia Beach; and, WHEREAS, his dedication and unselfish service involved personal sacrifices and inconveniences, not only to him, but frequently to his family and/or business; and, WHEREAS, we trust he realized satisfaction in successfully administering in his advisory capacity not only to City Council, but to the citizens of this fast growing metropolis. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes this record of twelve [12] years of distinguished service in publicly expressing its sincere gratitude for his contribution of time, energy and intellect. BE IT FURTHER RESOLVED: That this Resolution of Appreciation be made a part of the proceedings of the Formal Session of City Council this Twenty-Third day of February, 1981, in the City of Virginia Beach, Virginia. Given under my hand and seal this Twenty-Third day of February, 1981 Mayor City of Virginia Beach -1 3- RESOLUTION OF APPRECIATION TO HERBERT D. SMITH WHEREAS, Herbert D. Smith, has served as a member of the Board of Electrical Examiners from 1968 to 1980; and, WHEREAS, Herbert D. Smith, has served willingly and untiringly in behalf of the City of Virginia Beach; and, WHEREAS, his dedication and unselfish service involved personal sacrifices and inconveniences, not only to him, but frequently to his family and/or business; and, WHEREAS, we trust he realized satisfaction in successfully administering in his advisory capacity not only to City Council, but to the citizens of this fast growing metropolis. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes this record of twelve [12] years of distinguished service in publicly expressing its sincere gratitude for his contribution of time, energy and intellect. BE IT FURTHER RESOLVED: That this Resolution of Appreciation be made a part of the proceedings of the Formal Session of City Council this Twenty-Third day of February, 1981, in the City of Virginia Beach, Virginia. Given under my hand and seal this Twenty-Third day of February, 1981 Mayor City of Virginia Beach -1 4- C 0 N S E N T A G E N D A ITEM II-F ITEM #16287 Upon motion by Vice Mayor Eeischober, seconded by Councilman Baum, City Council agreed to separate Item Number II-F.2 from the CONSENT AGENDA. The remaining items listed as the CONSENT AGENDA were considered and enacted by ONE MOTION. Vot ing : 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. E. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick -1 5- ITEM II-F.1 ITEM #16288 Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City Council voted to uphold the recommendation of th6 City Manager and APPROVE the application of the Society for the Preservation and Encouragement of Barber Shop Quartets Singing Association for a RAFFLE PERMIT. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 1 6 - ITEM II-F.3 ITEM #16289 Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance appointing Viewers in the application of George A. Knaysi and Susan Ramsay Knaysi for the closure of a 15-foot alley, Block 20, of Croatan Beach, in the Lynnhaven Borough. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, 11I, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 1 7- ORDINANCE APPOINTING VIEWERS WHEREAS, George A. Knaysi and Susan Ramsay Knaysi, has given due and proper notice, in accordance with the Statutes for such cases made and provided that they will on the Twenty-Third day of February, 1981, apply to the City Council of the City of Virginia Beach, Virginia, for appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain 15 foot alley, and have filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert David M. Grochmal Robert J. Scott are hereby appointed to view the below described property and report in writing to the Council on or before March 1 1981, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain 15 foot alley located in the City of Virginia Beach, Virginia, and more particularly described as follows: That certain portion of the 15' alley in Block 20 as shown on the Plat of Croatan Beach as recorded in Map Book 24, at Page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, lying between Lots 3 and 15 in said Block, more particularly described as follows: Beginning at a point which is the Southeast corner of Lot 3 in said Block, the point of beginning and running North 4 degrees 14 feet 15 inches West a distance of 50 feet to the Northeast corner of Lot 3, thence South 85 degrees 45 feet 45 inches West a distance of 15 feet across said alley to the Northwest corner of Lot 15, thence South 4 degrees 14 feet 15 inches East a distance of 50 feet to the Southeast corner of Lot 15, thence South 85 degrees 45 feet 45 inches West across said alley a distance of 15 feet to the point of beginning. (It also being the same property shown on the plat entitled "Plat Showing 15 foot Alley Adjacent to Lot 3 and Lot 15, Block 20, Croatan Beach to be Vacated for George A. Knaysi and Susan Ramsay Knaysi", attacbed hereto and made a part hereof 2 2 381 -1 8- ITEM II-F.4 ITEM #16290 Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City Council voted to uphold the recommendation of.the City Manager and ADOPT the Ordinance appointing Viewers in the application of Robert H. Bennett, Trustee for Claudia Mae Clifton, for the closure of a 15-foot alley, Block 22, of Croatan Beach, in the Lynnhaven Borough. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick -1 9- ORDINANCE APPOINTING VIEWERS WHEREAS, Robert H. Bennett, Trustee for Claudia May Clifton, has given due and proper notice, in accordance with the statutes for such cases made and provided that he will on the.Twenty-Third day of February, 1981, apply to the City Council of the City of Virginia Beach, Virginia, for appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain 15 foot alley, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by tbe Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert David M. Grochmal Robert J. Scott are hereby appointed to view the below-described property and report in writing to the Council on or before March 23, 1981, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain 15 foot alley located in the City of Virginia Beach, Virginia, and more particularly described as follows: That certain portion of the 15 foot alley in Block 22 as shown on the plat of Croatan Beach as recorded in Map Book 24 at Page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, lying between Lots A and B in said block and more particularly described as follows: Beginning at a point on the North- side of Croatan Road as it intersects with the Western side of the 15 foot alley in Block 22 as shown on the aforesaid plat, said point being the point of beginning, thence North 85 degrees 45 feet 45 inches East a distance of 15 feet to the Southwest corner of Lot B, thence North 4 degrees 14 feet 15 inches West, 50 feet along the Easterly line of Lot B to the Northwest corner of Lot B, thence South 85 degrees 45 feet 45 inches West, 15 feet to the Northeast corner of Lot A, thence South 4 degrees 14 feet 15 inches East, 50 feet to the Southeast corner of Lot A, being the point of beginning. (It also being the sane property shown on the plat entitled "Plat Showing 15 foot Alley Adjacent to Lot A and Lot B, Block 22, Croatan Beach to be Vacated for Robert H. Bennett, Trustee, for Claudia May Clifton", attached hereto and made a part hereof.). - 20 - ITEM II-F.5 ITEM #16291 Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and ADOPT O@ SECOND READING the Ordinance to appropriate funds granted from the State Department of Mental Health and Mental Retardation (SDMH/MR) in the amount of $20,200 to Department of Health and Mental Retardation. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 21- AN ORDINANCE TO APPROPRIATE FUNDS GRANTED FROM THE STATE DEPARTMENT OF MENTAL HEALTH AND MENTAL REGARDATION (SDMH/MR) IN THE AMOUNT OF $20,200.00 TO DEPARTMENT OF HEALTH AND MENTAL RETARDATION WHEREAS, the Department of Mental Health and Mental Retardation (DMH/MR) has determined a need to replace two (2) vans to continue providing public transportation to the Adult Activity Center for developmentally disabled adults; and, WHEREAS, a Grant in the amount of $20,200 has been awarded by the Commonwealth of Virginia, Department of Mental Health and Mental Retardation to replace the two (2) vans. 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 in the amount of $20,000 to the Department of Mental Health and Mental Retardation for the above purpose; and, BE IT FURTHER ORDAINED that the appropriations will be financed by $20,200 estimated revenue from the State D14H/MR. FIRST READING: 9 February 1981 SECOND READING: 23 February 1981 Adopted by the Council of the City of Virginia Beach, Virginia, on the.Twenty-Third day of February, 1981. This Ordinance shall be effective from date of adoption. - 2 2- ITEM II-F.2 ITEM #16292 Upon motion by Vice Mayor Heischober, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the following RAFFLE PERMITS: Raffle Permit Lambda Gamma Omega Chapter of Alpha Kappa Alpha, Inc. Raffle Permit James K. Co.le Memorial Scholarship Fund, Inc. Raffle Permit Princess Anne Ruritan Club Raffle Permit Marching Cavaliers Parents' Association Raffle Permit Seahawk Booster Club Raffle Permit Kiwanis Club of Green Run WITH THE EXCEPTION OF: VIRGINIA BEACH EDUCATION ASSOCIATION by directing the City Attorney and Police Department to reinvestigate the application with respect to State and City Codes. - 2 3 - Please insert this page to replace page 23/24 in your files VOTING: 10-11, Council Members Voting Aye:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. oberndorf, and Patrick L. Standing Council Members Voting Nay: *-Meyera E. Oberndorf's NAY to excepting Virginia Beach Education Association ONLY Council Members Absent: I>onald W. Merrick *VERBAL ROLL CALL OF COUNCIL - 2 4- P L A N N I N G A G E N D A ITEM II-G.I.a ITEM #16293 Attorney Robert Bruce Kendall appeared in behalf of the applicant. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and DENY the applications of R AND R CORPORATION for Changes of Zoning as per the following: Ordinance upon application of R & R Corporation for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Community Business District on certain property located on the South side of Landstown Road beginning at a point 868.56 feet East of Princess Anne Road, running a distance of 1196.36 feet along the South side of Landstown Road, running a distance of 600 feet in a Southerly direction, running a distance of 1100 feet in a Southwesterly direction, running a distance of 1610 feet more or less in a Southeasterly direction, running a distance of 460 feet more or less in a Southerly direction, running a distance of 1309.53 feet in a Northwesterly direction, running a distance of 6.81 feet in a Southeasterly direction, running a distance of 228.54 feet along the East side of Princess Anne Road and running a distance of 1337.93 feet along the Western property line. Said parcel contains 34.49 acres. PRINCESS ANNE BOROUGH. Ordinance upon application of R & R Corporation for a Change of Zoning District Classification from AG-1 Agricultural District to B-2 Community Business District on certain property located 600 feet South of Landstown Road beginning at a point 998.56 feet East of the intersection of Landstown Road and Princess Anne Road, running a distance of 1100 feet along the Northern property line, running a distance of 1620 feet more or less along the Eastern property line and running a distance of 1610 feet more or less along tbe Western property line. Said parcel contains 18.65 acres. PRINCESS ANNE BOROUGH. 2 5- Voting: 1 0 -0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay. None Council Members Absent: Donald W. Merrick - 2 6- ITEM II-G.2.a ITEM #16294 Attorney B-ruce Murphy appeared in behalf of the applicant A letter was received from James C. Nocito agreeing with all conditions of the proposed zoning. A copy of Mr. Nocito's letter has been made a part of these proceedings. Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the applications of OH ASSOCIATES, A GENERAL PARTNERSHIP, for Changes of Zon@ , as per the following, subject to the conditions ou7t-lined in the City Manager's letter; AND, including the following provision:@ The applicant voluntarily agrees to put to record WITHIN THIRTY (30) DAYS a deed restriction providing that the rezoning on the front Five Htmdred Feet (500') , the parcel approved for B-2 Commtmity-Business District, will revert back to tbe original zoning should the front Five Hundred Feet (500') be used for any purpose other than an office complex; AND, the City Attorney is to report back to City Council the day the deed restriction is recorded. ORDINANCE UPON APPLICATION OF OH ASSOCIATES Z0281548 FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM 0-1 OFFICE DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of OH Associates, a General Partnership, for a Change of Zoning District Classification from 0-1 Office District to B-2 Community Business District on certain property located 430 feet more or less South of Princess Anne Road beginning at a point 380 feet West of Kempsville Road, running a distance of 710 feet more or less along tbe Northern property line, running a distance of 40 feet more or less along the Western property line running a distance of 710 feet more or less along the Southern property line and running a distance of 40 feet twre or less along the Eastern property line. Said parcel contains .482 acre. Approval is subject to the following provisions in conjunction with tbe intended use of the land: 1. The first 500 feet from Kempsville Road is approved for B-2. Tbe remainder of this parcel is to remain 0-1 Office District. 2. Standard improvements as required by the Site Plan Ordinance. 3. City water and sewer. 4. Adequate paved access is to be provided to this site. 2 7- 5. The perimeter ditch adjacent to the Northwestern property line is to be piped. 6. An adequately sized drainage easement along the Southwest property line is to be dedicated to the City. 7. The applicant voluntarily agrees to put to record WITHIN THIRTY (30) DAYS a deed restriction providing that the rezoning on the front 500 feet will revert back to the original zoning should the front 500 feet be used for any purpose other than an office complex; AND, the City Attorney is to report back to City Council tbe day the deed restriction is recorded. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of February, 1981. ORDINANCE UPON APPLICATION OF OH ASSOCIATES, Z0281549 A GENERAL PARTNERSHIP, FOR A CRANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT TO B-2 COMMTJNITY BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of 0 H Associates, a General Partnership, for a Change of Zoning District Classification from R-6 Residential District to B-2 Commtmity Business District on certain property located on the West side of Kempsville Road beginning at a point 200 feet more or less South of Princess Anne Road, running a distance of 42.36 feet along the West side of Kempsville Road, running a distance of 991.48 feet along the Southern property line, rtmning a distance of 42.36 feet along the Western property line, running a distance of 680 feet more or less in a Northeasterly direction, running a distance of 50 feet in a Northwesterly direction, rmning a distance of 70 feet in a Northeasterly direction, running a distance of 50 feet in a Southerly direction and running a distance of 320 feet more or less in a Northeasterly direction. Said parcel contains 1.126 acres. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. The first 500 feet from Kempsville Road is approved for B-2. The remainder of this parcel is to remain 0-1 Office District. 2. Standard improvements as required by the Site Plan Ordinance. 3. City water and sewer. 4. Adequate paved access is to be provided to this site. 5. The perimeter ditch adjacent to the Northwestern property line is to be piped. 6. An adequately sized drainage easement along the Southwest property line is to be dedicated to the City. 7. The applicant voltmtarily agrees to put to record WITHIN THIRTY (30) DAYS a deed restriction providing that the rezoning on the front 500 feet will revert back to the original zoning should the front 500 feet be used for any purpose other tban an office complex; AND, the City Attorney is to report back to the City Council the day 2 8 Voting: 10 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick 2 9- ITEM II-G.2.b ITEM #16295 Mr. Carl K'indred, Agent for Hickory Corporation, appeared in behalf of the applicant requesting withdrawal. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to permit WITHDRAWAL of the application of HICKORY CORPORATION for a Change of Zon ing Distric t Clas s ification, as per the following: Ordinance upon application of Hickory Corporation for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District on certain property located on the North side of Old Virginia Beach Road beginning at a point 245 feet West of Barberton Drive, running a distance of 90.52 feet along the North side of Old Virginia Beach Road, running a distance of 279.25 feet along the Western property line, running a distance of 70 feet along the Northern property line, running a distance of 119.68 feet in a Southerly direction, running a distance of 22.69 feet in a Westerly direction and running a distance of 127.30 feet in a Southerly direction. Said parcel contains .43 acre. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: (for withdrawal) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None C.uncil Members Absent: Donald W. Merrick - 30- ITEM II-G.2.c ITEM #16296 Senator A. Joseph Canada appeared in behalf of the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of Holiday Village, Inc., for a Change of Zoning District Classification, as per the following, subject to the conditions outlined in the City Manager's letter: ORDTNANCE UPON APPLICATION OF HOLIDAY VILLAGE R0281550 INC. , FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM R-8 RESIDENTIAL DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Holiday Village, Inc., for a Change of Zoning District Classification from R-8 Residential District to B-2 Community Business District on certain property located on the West side of General Booth Boulevard beginning at a point 410 feet more or less South of Birdneck Road, running a distance of 1580 feet along the West side of General Booth Boulevard, running a distance of 280 feet along the Southern property line, running a distance of 1537.08 feet along the Western property line and running a distance of 170 feet along the Northern property line. Said parcel contains 8.03 acres. PRINCESS ANNE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. Downstream drainage easements and improvements will be necessary. 4. The provision of a scenic easement along General Booth Boulevard, as determined by the City staff. 5. The developer is to bear the full cost of traffic signalization at the main entrance to this site. 6. A left-turn lane and by-pass lane are required. 7. Access is to be provided as shown on the site plan submitted in conjunction with this request. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of February, 1981. 31- Vot ing: 9-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley Council Members Absent: Donald W. Merrick 3 2- ITEM II-G.2.d ITEM #16297 Mr. Tony Rybarczyk appeared in behalf of the applicant Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of WALTER F. SULLIVAN, BISHOP OF RICHMOND, AND JOSEPH L. CLARK, PASTOR OF ST. MARK'S CATHOLIC CHURCH, for a Conditional Use Permit, as per the following subject to the conditions outlined in the City Manager's letter. ORDTNANCE UPON APPLICATION OF WALTER F. SULLIVAN R0281370 BISHOP OF RICHMOND, AND JOSEPH L. CLARK, PASTOR OF ST. MARK'S CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Walter F. Sullivan, Bishop of Richmond, and Joseph L. Clark, Pastor of Saint Mark's Catholic Church, for a conditional use permit for a church on certain property located on the West side of Kempsville Road beginning at a point 1805 feet more or less South of Indian River Road, running a distance of 333 feet along the West side of Kempsville Road, running a distance of 982.77 feet along the Southern property line, rtmning a distance of 252.4 feet along the Western property line and running a distance of 969.30 feet along the Northern property line. Said parcel coiitains 6.58 acres. KEMPSVILLE BOROUGH Approval is subject to the following provisions in conjtniction 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. A 30-foot dedication along Kempsville Road. 5. Parking is to be provided at a ratio of one space per five seats or bench seating spaces in the imin auditorium. This Ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenth-Third day of February, 1981. 3 3- Voting: 10 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 34- ITEM II-G.2.e ITEM #16298 Mr. Thomas@C. Collins appeared in behalf of his application 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 THOMAS P. AND JOANN COLLINS for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF THOM&S P. AND JOANN R0281371 COLLINS FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (ELECTROLYSIS) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Thomas P. and Joann Collins for a Conditional Use Permit for a home occupation (electrolysis) on certain property located on the North side of Bells Road beginning at a point 850 feet more or less West of South Birdneck Road, running a distance of 75.06 feet more or less North of Bells Road, running a distance of 199.86 feet along the Western property line, running a distance of 75 feet along the Northern property line and running a distance of 202.62 feet along the Eastern property line. Said parcel contains .346 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 year. 2. Compliance with Article 2, Section 229 of the Comprehensive Zoning Ordinance pertaining to Home Occupations. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twerity-Third day of February, 1981 3 5- Vot ing: 10 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 36- ITEM II-G.2.f ITEM #16299 Attorney Robert L. Simpson, Jr., appeared in behalf of the applicant. The City Clerk advised Council of a letter received from Joseph Burroughs concerning the proposed borrow pit. The following appeared in opposition: Mr. Dwight D. Southern Mr. Joe E. Burroughs Councilwoman McClanan made a motion, seconded by Councilwoman Henley, to DENY the application of BAILLIO SAND COMPANY, INC., for a Conditional Use Permit for a borrow pit. Councilman Kitchin offered a SUBSTITUTE MOTION,seconded by Mayor McCoy, to DEFER FOR SIXTY (60) DAYS the application of BAILLIO SAND COMPANY, INC., for a Conditional Use Permit, as per the following: (20 April 1981) Ordinance upon application of Baillio Sand Company, Inc., for a Conditional Use Permit for a borrow pit on certain property located on the West side of Princess Anne Road beginning at a point 3800 feet South of Sandbridge Road, running a distance of 1185.34 feet along the West side of Princess Anne Road, running a distance of 1557.31 feet along the Southern property line, running a distance of 2214.01 feet along the Western property line and running a distance of 2608.67 feet along the Northern property line. Said parcel contains 102.96 acres. PRINCESS ANNE BOROUGH. Voting: 7-3 Council Members Voting Aye: (for deferral) F. ]Xeid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., and Patrick L. Standing Council Members Voting Nay: John A. Baum, Reba S. McClanan, and Mayera E. Oberndorf Council Members Absent: - 3 7- ITEM II-G.2.g ITEM #16300 Mr. Robert-Epstein appeared in behalf of his application Upon motion by Councilman Kitchin, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of ROBERT EPSTEIN for a Conditional Use Permit, as per the following, subject to the conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF ROBERT EPSTEIN R028137 FOR A CONDITIONAL USE PERMIT FOR A 50-UNIT MOTEL BE IT ORDAINED BY THE COUNCIL OF TBE CITY OF VTRGINIA BEACH, VIRGINIA: Ordinance upon application of Robert Epstein for a Conditional Use Permit for a 50-unit motel on certain property located at the North- east corner of Pacific Avenue and 7th Street, running a distance of 145 feet along the East side of Pacific Avenue, running a distance of 150 feet along the Northern property line, running a distance of 145 feet along the Eastern property line and running a distance of 150 feet along the North side of 7th Street. Said parcel contains .50 acre. VIRGINIA BEACH 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. Right-of-way improvements are necessary along both Pacific Avenue and 7th Street; this includes pavement widening, curb and gutter, side- walk and drainage facilities. 4. There is a 10-foot no parking setback along all streets. This includes the alley to the North of this site. 5. Parking is to be provided at a ratio of one space per lodging unit. All parking is to be constructed in accordance with the City's standard requirements. Councilman Kitchin requested the City Manager closely monitor the conditions of this Use Permit Tbis Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of February, 1981. 3 8- Voting: 10 -0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 3 9- ITEM II-G.2.h ITEM #16301 Mr. T. A. @iley appeared in behalf of his application Upon motion by Councilman Holland, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of T. A. WILEY, T/A T. A. WILEY JEWELER, as per the following, subject to the conditions in the City Manager's letter: ORDTNANCE UPON APPLICATION OF T. A. WILEY R0281373 T/A T. A. WILEY JEWELER FOR A CONDITIONAL USE PERMIT FOR A HO@ OCCUPATION (JEWELRY REPAIR) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of T. A. Wiley, T/A T. A. Wiley Jeweler, for a Conditional Use Permit for a home occupation (jewelry repair) on certain property located on the East side of Sanford Avenue beginning at a point 270 feet North of Twohy Lane, running a distance of 90 feet along the East side of Sanford Avenue, running a distance of 120 feet along the Northern property line, running a distance of 90 feet along the Eastern property line and running a distance of 120 feet along tbe Southern property line. Said parcel contains .24 acre. BAYSIDE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land; 1. Approval is for a period of three (3) years. 2. Compliance with Article 2, Section 229 of the Comprehensive Zoning Ordinance pertaining to home occupations. 3. Repair work is to be done for retail merchants only, not the general public. 4. The pick-up and delivery of merchandise should be performed by the applicant, rather than such activities occurring at his residences. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of February, 1981 40 - Voting: 10 -0 Council Members Voting Aye: Jobn A. BaLun, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 41 - ITEM II-G.2.i ITEM #16302 Upon motion by Councilman Holland, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and permit WITHDRAWAL of the application of MARTHA M. HALL for a Conditional Use Permit; AND, a refund of the applicant's fee, as per the following: Ordinance upon application of Martha M. Hall for a Conditional Use Prmit for a collection depot for recyclable materials (gold, silver and other precious metals) on certain property located on the West side of Southgate Avenue beginning at a point 125 feet South of Admiral Wright Road, running a distance of 100 feet along the West side of Southgate Avenue, running a distance of 125 feet along the Southern property line, running a distance of 100 feet along the Western property line and running a distance of 125 feet along the Northern property line. Said parcel contains .28 acre. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: (for withdrawal) John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 4 2- ITEM II-G.2.j ITEM #16303 Attorney Ifrederick T. Stant, III, appeared in behalf of his application This matter was expedited by City Council on January 19, 1981. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of F. T. STANT, III, for a Conditional Use Permit, as per the following, subject to the following conditions outlined in the City Manager's letter: ORDINANCE UPON APPLICATION OF F. T. STANT, III R0281374 FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of F. T. Stant, III, for a Conditional Use Permit for a single family dwelling on property 1 c@ated on the East side of West Neck Road beginning at a point 792 feet North of West Landing Road, running a distance of 611.02 feet along the East side of West Neck Road, running a distance of 1372 feet along the Northern property line, running a distance of 1620.21 feet in a Southeasterly direction, running a distance of 383.40 feet in a Southwesterly direction, running a distance of 1054.68 feet in a Westerly direction, running a distance of 670.56 feet in a North- easterly direction, running a distance of 445.51 feet in Northerly direction and running a distance of 1407.45 feet in a Westerly direction. Said parcel contains 36.24 acres. PRINCESS ANNE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. Approval for septic tank installation and well. 3. No dredging, filling, bulkheading, or other waterfront related activities will be allowed without the proper permits from the appropriate Local, State, and Federal Agencies. 4. Recordation of an appropriate subdivision plat. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of February, 1981. 4 3- Voting: 1 0 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick - 44- ITEM II-G.2.k ITEM #16304 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant, and presented letters from neighbors approving of the request for a subdivision variance, copies of which will be made a part of these proceedings. Upon motion by Councilman Ervin, seconded by Councilman Standing, City Council voted to approve the request of COLBY D. REHMERT for a Subdivision to Section 4.4(b), as per the following: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Colby D. Rehmrt. Property located at the Northern extremity of Timberland Trail. Plats with rnore detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide a 4.16 acre site, located at the terminus of Timberland Trail, into two (2) lots. Vot ing 8-2 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., and Patrick L. Standing Council Members Voting Nay: Barbara M. Henley, and Meyera E. Oberndorf Council Members Absent: Donald W. Merrick 4 5- ITEM II-G.L ITEM #16305 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council voted to uphold the recommendations of the Planning Commission and permit WITHDRAWAL of the request of WILLIAM T. BAKER for a variance to Section 4.4(d), as per the following, and grant the applicant a refund on his filing fee. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of William T. Baker. Property located on the West side of Indian River Road, 1000 feet more or less South of Elbow Road. Plats with more detailed information are available in the Department of Planning. The applicant requests a variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created through subdivision have direct access to a public street. The applicant wishes to subdivide a 3.75 acre site into atwo (2) lots. This property is located on the West side of Indian River Road, approximately 1,000 feet South of Elbow Road. Vot ing 10-0 Council Members Voting Aye:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick *City Clerk inadvertently cancelled the Automatic Voting Machine - 4 6- ITEM II-C.2.m ITEM #16306 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Mr. Ed Carson, Landscape Architect, appeared in favor Mr. Alan Perrell appeared in favor Councilman Ervin made a motion, seconded by Councilman Kitchin, to DENY the request of ROSE HALL VILLAGE ASSOCIATES for the waiver of curbing and guttering along the perimeter of all drive aisles and parking facilities, as no hardship was evidenced. Councilman Holland offered a SUBSTITUTE MOTION to WAIVE the request of ROSE HALL VILLAGE ASSOCIATES for curbing and guttering. Voting., 4-6 Council Members Voting Aye:* (for substitute motion) John A. Baum, Clarence A. Holland, Reba S. McClanan, and Mayor J. Henry McCoy, Jr. Council Members Voting Nay: F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: Donald W. Merrick The SUBSTITUTE MOTION was lost *Verbal roll call -46a- The recorded vote on tbe MAIN MOTION to deny the request of ROSE HALL VILLAGE ASSOCIATES, is as follows: Voting: 6- 4 Council Members Voting Aye:* (for denial) F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: John A. Baum, Clarence A. Holland, Reba S. McClanan, and Mayor J. Henry McCoy, Jr. Council Members Absent: Donald W. Merrick *Verbal Roll Call - 4 7- 0 R D I N A N C E S ITEM II-H.1 ITEM #16307 Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of tbe City Manager and ADOPT the Ordinance proposing the construction of a storm water sewer from Alcott Road, to Johnson Street, through King's Point subdivision, in the City of Virginia Beach, the cost thereof to be apportioned between the City of Virginia Beach and the abutting landowners and directing the City Clerk to give notice thereof, pursuant to tbe Statutes for such cases made and provided. Voting; 10-0 Council Members Voting Aye:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members kb$ent: Donald W. Merrick *Verbal Roll Call - 4 8- AN ORDINANCE PROPOSING THE CONSTRUCTION OF A STORM SEWER FROM ALCOTT ROAD, TO JOHNSON STREET, THROUGH KING'S POINT SUBDIVISION, IN THE CITY OF VIRGINIA BEACH, THE COST THEREOF TO BE APPORTIONED BETWEEN THE CITY OF VIRGINIA BEACH AND THE ABUTTING LANDOWNERS AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF, PURSUANT TO THE TO THE STATUTES FOR SUCH CASES MADE AND PROVIDED WHEREAS, it is the judgment of the Council that a storm water sewer should be constructed and hereinafter set forth, and that the cost thereof be apportioned between the City of Virginia Beach and the abutting landowners, as provided by law; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: Section 1. That the construction of a storm water sewer, in the City of Virgi-nia Beach, is proposed from a point in the Northwest quadrant of the intersection of Alcott Road and King Richard Drive running South 89 degrees, 24 minutes, 54 seconds West 125.00' to a point, said point is the centerline and beginning of a 50' drainage easement designated as King's Point Ditch. Said 50' drainage easements continues through the King's Point Subdivision across Edinburgh Drive, continuing along said drainage easement, across King Richard Drive continuing along said drainage easement, across Prince of Wales Drive continuing along said drainage easement to a terminus point in the Southern right-of-way line of Johnson Street, said point also being in the Northern property line of Lot 62 as shown on the plat of Subdivision of King's Point, dated July, 1974, Lynnhaven Borough, prepared by Marsh and Basgier, said plat being recorded in Map Book 110, at Page 36, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to which reference is hereby made. The cost thereof to be apportioned between the City of Virginia Beach and the abutting landowners, and assessed against said abutting landowners, pursuant to law. Section 2. That the City Clerk is hereby authorized and directed to publish in some newspaper published or having a general circulation in the City of Virginia Beach, once a week for two successive weeks, notice to all of the owners of property abutting on the proposed storm water sewer of the intention of the City of Virginia Beach to construct same and to apportion the cost.thereof, as provided in this ordinance, and - 4 9- some cominittee thereof to be heard in favor of or against said improvements. The last publication of said notice shall be made at least ten days before the parties are cited to appear. Section 3. That this Ordinance shall be in effect from and after its adoption. Adopted by the Council of the City of Virginia Beach on the Twenty-Third day of February, 1981. JAR/ih 11/24/80 2/23/81 - 50- In the Clerk's Office of the Circuit Court of the City Of Virginia Beach, Virginia. .On the day of 19 ABSTRACT OF ORDINANCE In the matter of construction of storm water sewer, King's Point Subdivision, Lynnhaven Borough, City of Virginia Beach, Virginia. Local assessments in favor of the City of Virginia Beach as per statement annexed hereto showing the ownership and location of the property to be affected by the proposed storm water sewer construct3'-on, and estimated amount assessed agai-nst each abutting landowner, pursuant to Ordinance adopted by the Council of the City of Virginia Beach, Virginia, on the day of 19 TESTE: City Clerk - 51- U N F I N I S H E D B U S I N E S S ITEM II-I.1 ITEM #16308 Appointments to the Mental Health and Mental Retardation Services Board were deferred. ITEM II-I.2 ITEM #16309 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to require the following actions be taken with regards to the Borrow Pit Ordinance: 1. Requirement that the adjacent property owners be notified of the fill permit. 2. The filling of a borrow pit must be by the conditional use permit process. 3. Determine who will be responsible for the types of spoil put in the borrow pit. 4. Planning Commission to be apprised of this matter. 5. Planning Commission present recommendations to Council for their consideration to strengthen the Borrow Pit Ordinance. Voting: 10-0 Council Members Voting Aye:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Donald W. Merrick *Verbal Roll Call - 5 2- ITEM II-I.3 ITEM #16310 COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS Councilwoman Oberndorf advised Council of her "Concept Paper" and cited five (5) specific questions which require attention: 1. What comparable functions now managed by the City and the School system independently of each other could be consolidated? 2 .What specif ic changes in the organization, authorization and operation of these functions can be made to generate cost savings? 3. What is the potential dollar amount of savings to be generated by the proposed changes? 4. What costs would be incurred in implementing the proposed changes? 5. What would be the impact of future population changes on service demands during the 1980s? Functions to be studied include Purchasing, Maintenance, Security, Transportation, Finance, Data Processing, Planning, building utilization and legal services. Councilwoman Oberndorf made a motion, seconded by Councilman Standing, that a CONSOLIDATION FEASIBILITY STUDY COMMITTEE be appointed consisting of the City Manager, Superintendent of Schools, two (2) members of Council, and two (2) members of the School Board to review and thoroughly explore the types of evaluation that could be made in the interest of the public to consolidate departments, or cooperate in the use of services to reduce the overhead expenditures; and, report back to Council within sixty (60) days with recommendations for Council's consideration. Councilwoman McClanan and Councilwoman Oberndorf will serve on the above Committee. Voting : 9-0 Council Members Voting Aye:* John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Clarence A. Holland, and Donald W. Merrick *Verbal Roll Call 5 3- ITEM II-I.4 ITEM #16311 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to REHEAR, in two or three weeks, the application of Texaco, Inc., denied by City Council on 9'February 1981, for a Conditional Use Permit for a self-service gasoline station on the corner of North Great Neck Road and First Colonial Road, in the Lynnhaven Borough. Voting: 5- 4 Council Members Voting Aye:* John A. BauiN Vice Mayor liarold Heischober, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., and Patrick L. Standing Council Members Voting Nay: F. Reid Ervin, Barbara M. Henley, Reba S. McClanan, and Meyera E. Oberndorf Council Members Absent: Clarence A. Holland, and Donald W. Merrick *Verbal Roll Call - 54- A D J 0 U R N M E N T ITEM II-J.1 ITEM #16312 Upon motion by Councilman Standing, City Council adjourned at 10:00 p.m. Diane M. Hickman, Deputy City Clerk Ruth Hodges-Smith, City Clerk Mayo nry@cco@ Jr. City of Virginia Beach, Virginia 23 February 1981 dmh/ams