HomeMy WebLinkAboutMARCH 16, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY M@COY JR.. D.D.S., B...gb
VICE-MAYOR HAROLD BEISCHOBER. A, L.,,.
JOHN A. SAUM. Bi-@,., D-lb
F. REID ERVIN, A, L,".
BARBARA M. HENLEY. P-g. B.-Cb
CLARENCE A. HOLLAND. ALD., Byid. B...gh
W. H. KITCH114, Ill. Viti.i. B-.b B...Ib
REBA S. M,CLANAN. P,,-... A-. B.-sh
DONALD W. MERRICX, Ly-b.- B...gb
MEYERA E. OBERNDORF, Al L.,S. 212 Ct" HALL BUILDING
PATRiCK L. STANDING. A, L.,g. ATUNICIPAL CEXTER
VIRGINIA BEACH. VIRGINIA 23436
RUTH HODGES SMITH, Ci'Y Ci-lk (804) 427-4303
CITY COUNCIL AGENDA
March 16, 1981
ITEM I INFORMAL SESSION: 12;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 bv Mayor.
2. Matters for discussion bv Council.
3. Proposed Comprehensive Zoning Ordinance Change.Regarding
Withdrawal of Use Permit a ications:
Presentation by Mr. Robert J. Scott, Director of the
Planning Department.
4. General Booth Boulevard Alignment: Discussion. (Carried
forward from March 9, 1981 Informal Session).
!TEM II FORMAL SESSION: 2:00 p.m. - Council Chambers
A. INVOCATION: Reverend Clarence Bowen, Jr,
Beachgrove Bethel United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA
ITEM II C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING;
1. Motion to accept/approve the Minutes of March 9, 1981.
E. PRESENTATIONS
1. J. Roy Alphin
F. PUBLIC HEARING
1. Proposed ordinance to adopt and enact a new code for the
City of Virginia Beach, which code shall supercede all
general and permanent ordinances of the City adopted on
or before October 27, 1980, and which shall be known as
the "Code of The City of Virginia Beach, Virginia."
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by
one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that
item will be removed from the Consent Agenda and considered
separately.
1. An Ordinance adopting and enacting a new code for the
City of Virginia Beach, Virginia; establishing the same;
providing for the repeal of certain ordinances not
included therein; providing for the manner of amending
and supplementing such code; and providing when such
code and this ordinance shall become effective.
2. Request of the City Treasurer for tax refunds in the
amount of $942.29.
3. Request of Commissioner of Revenue for special tax
refund in the amount of $1,131.17.
4. Request of Commissioner of Revenue for license refunds
in the amount of $527.50.
5. An Ordinance, on second reading, to appropriate funds
in the amount of $68,686 to Virginia Beach Transit
operation for additional personnel and operating expenses.
6. An Ordinance, on second reading, to appropriate
and transfer funds in the amount of $195,500 from
School Site Acquisitions Fund to School Capital
Projects Fund for a school site in the west Kemps-
ville area.
ITEM II H. PLANNING ITEMS
1. Deferred Items
a. Application of Sea Breeze Farm, Inc. for a variance
to Section 4.4(b) of the Subdivision Ordinance
which requires lot dimensions to conform to the
Comprehensive Zoning Ordinance. They wish to sub-
divide a 2.2-acre site, located at the terminus of
South Sea Breeze Trail, into two lots. On Jan-
uary 12, 1981, Council denied this request, and on
February 9, 1981, Council voted to reconsider it.
On March 2, 1981, Council deferred action on this
matter for two weeks.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
b. Application of Texaco, Inc. for a conditional use
permit for a self-service gas station and car wash
on a .918-acre parcel located at the southeast corner
of Great Neck Road and First Colonial Road (Lynn-
haven Borough). This matter was denied on Febru-
ary 9, 1981. However, on February 23, 1981, Council
voted to reconsider the application.
1. Letter from the City Manager transmits the
recomendation of the Planning Conanission for
approval.
2. New Items
a. Application of Crosby Construction Company for a
change of zoning from R-8 Residential District to
A-1 Apartment District on a 5.467-acre parcel located
on the west side of Holly Avenue, north of 26th Street
(Virginia Beach Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission for
denial.
b. Application of Resort Complex, Inc. for a change of
zoning from R-7 Residential District to A-2 Apartment
District on a .728-acre parcel located at the southwest
corner of Norfolk Avenue and Indian Avenue (Virginia
Beach Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
ITEM II H. PLANNING ITEMS
2. New Items
c. Application of Concordia Enterprises, Ltd., for a
change of zoning from B-2 Community-Business District
to A-1 Apartment District on a 14.824-acre parcel
AND,
a change of zoning from R-6 Residential District to
A-1 Apartment District on a .13-acre parcel. This un-
developed site is located north of Virginia Beach
Boulevard and east of Davis Street (Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
d. Application of Armada/Hoffler Company for a change
of zo@n from A-3 Department District to I-I Light
Industrial District on a 5.23-acre parcel located
on the West side of Diamond Springs Road, north of
Bayside Road (Bayside Borough).
1. Letter from the City Manager transmits the
reco=nendation of the Planning Commission for
approval.
e. Application of The Trustees of Eastern Shore Chapel
for a conditional use permit for a church parish hall
on a 8.105-acre parcel located on the west side of
Laskin Road, south of Bratten Avenue (Lynnhaven
Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
f. Application of Sanford & Charles, Inc. for a con-
ditional use permit for an automobile service station
on a .65-acre parcel located at the southwest corner
of Birdneck Road and Virginia Beach Boulevard (Lynn-
haven Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
I. UNFINISHED BUSINESS
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn.
R E C 0 R D 0 F
INFORMAL BRIEFING SESSION
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
16 March 1981
The INFORMAL BRIEFING SESSION of the Council of the City of Virginia
Beach, Virginia, was called to order by Mayor J. Henry McCoy, Jr.,
D.D.S., in the Conference Room, City Hall Building, on Monday, 16
March 1981, at 10:00 in the morning.
Council Members Present:
Vice Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., D.D.S., Donald W. Merrick and Meyera E. Oberndorf
Council Members Absent:
John A. Baum, F. Reid Ervin, Clarence A. Holland, M.D.*,
and Patrick L. Standing*
*Patrick L. Standing arrived at 10:30 a.m.
'Clarence A. Holland, M.D. arrived at 10:35 a.m.
The Director of Public Works, Oral Lambert, gave a presentation on
area BORROW PITS. He read the applicable City Code Section* and ex-
plained procedure, documentation, easements, drainage calculations,
fill materials, the amended permit process, non-acceptable fill ma-
terials, compliance to Erosion and Sedimentation standards (E and S
Ordinance) and bond requirements.
Mr. Lambert made reference to the Wetlands Board which is controlled
by the Department of Public Works. He explained the sources and
realms of authority for the Corp of Engineers, the Wetlands Board and
the Virginia Marine Resources Commission.
Mr. Lambert explained that fill permits require no Council action at
the present time. He advised there are an average of seventeen fill
permits issued annually. These are one-year permits subject to renewal.
The average number of renewal permits annually is eight.
*(City Code: Sec. 6-40)
Briefing adjourned: 10:45 a.m.
asb 3/16/81B
M I N U T E S
SPECIAL JOINT MEETING
VIRGINIA BEACH CITY COUNCIL
and
COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE
Virginia Beach, Virginia
16 March 1981
As prescribed by Section 2-9 of the City Code, a SPECIAL JOINT MEETING
of the Virginia Beach City Council and the Community Development Citizens
Advisory Committee was callea by City Manager, George L. Hanbury, with
Mayor J. Henry McCoy, Jr., D.D.S., presiding in the Council Chambers,
City Hall Building, on Monday, 16 March 1981, at 11:00 a.m. in the morning.
The City Clerk read the City Manager's letter stating the purpose of
the SPECIAL MEETING:
"As prescribed by Section 2-9 of the Code of the City of
Virginia Beach, I hereby respectfully request that the
Virginia Beach City Council meet at 11:00 a.m. JOINTLY
with the Virginia Beach Community Development Citizen
Advisory Board on March 16, 1981, in advance of the pre-
viously scheduled 12:30 p.m. meeting of the same date.
"The purpose of this JOINT meeting is to discuss Community
Development funds and the drilling of local wells for
water supply."
Council Members Present:
John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Absent:
F. Reid Ervin- and Donald W. Merrick*
F. Reid Ervin arrived at 11:08 a.m.
Donald W. Merrick arrived at 11:09 a.m.
2 -
Citizens Advisory Committee
Members Present:
Sherri Baxter, Mary Ellen Evans, Alice Green, Isaac
Herbert, Sam Houston, Elizabeth McClane, John Sutherland,
Ph.D. and Susie Whitehurst
Citizens Advisory Committee
Members Absent:
Ernest Benson, Lula W. Cofield, Mary Davenport, D.
Bart Frye, Johnny Haynes, Joseph Lee, Clarence M.
Morgan, Sr., Robert Simmons, Mary Smith, Reverend
Barnett Thorogood- and Leola Williams
*Reverend Barnett Thorogood arrived at 11:10 a.m.
ITEM #16373
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 the condition, acquisition
or use of real property for public purpose, or other disposi-
tion of publicly held property. (Acquisition, use or disposi-
tion of oublicly held property)
2. Investing of public funds where competition or bargaining
is involved where, if made public initially, the financial
interest of the governing unit would be adversely affected.
(Financial Matters)
3. Consultation with legal counsel and briefing by staff mem-
bers, consultants, or attorneys pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of
the public body (Legal Matters)
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to proceed into EXECUTIVE SESSION following the
INFORMAL SESSION.
VOTING: 11-0
3 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 4-
The City Manager read an analysis of funds available from the 2nd,4th
5th, and 6th Community Development Program years. This analysis
would make a total of approximately $500,000 available as follows:
I. Second Year Funds
A. The proposed reallocation from this year are the balances
from two projects which have been completed. There were no
proposed uses for these funds.
B. Use of these funds for this purpose will allow us to close
out the second program year.
II. Fourth Program Year
A. The proposed reallocation from this year will have no affect
on either of the projects. There will continue to be suffi-
cient funds in Queen City Sewer to begin right-of-way acqui-
sition in June or July and to proceed with final construction
drawings.
B. There are no proposed uses of the reallocated funds which are
not already provided for in other program years.
III. Fifth Program Year
A. The Atlantic Park Water I & II contracts came in lower than
the proposed amounts and we continue to have a contingency
fund of approximately 12 percent to cover any change orders.
B. The Beechwood Water, Sewer and Street contract came in
approximately $250,000 less than the appropriated amount,
and the reallocation leaves a contigency fund of approxi-
mately 12 percent.
C. The Relocation and Contingencies reallocation have no adverse
affect on our relocation efforts nor any proposed local option
activities.
IV. Sixth Program Year
A. Atlantic Park Water II and Beechwood Streets comments are above.
B. Pleasure House Road/Beechwood contract is lower than the esti-
mate, any change orders will have to be covered by general funds.
C. The Seatack Fire Station & Real Property Acquisition funds are
not needed as the contract on the Fire Station has been estab-
lished and there are no proposed property acquisitions which are
not covered as a part of the project. The Toxic Lead Abaternent
program, upon research by the Health Department, is not needed.
There are no proposed programs wherein we would need more than
the rernaining amount of Contingency funds.
5 -
V. General Comments
A. No funds were allocatea in the fourth year because the funds
will neea to be reallocated to Newlight Streets.
B. No reallocation is more than 10 percent of the total funds
for that particular program year, which is allowable under
the regulations.
C. The total reallocation amount is approximately 4.2 percent
of the total amount of funds receivea and/or committed to
the city, not including proposed 7th year funds.
D. The proposed reallocation does not interfere with any of
the priorities established by the committee, nor aoes it
cause any delay in existing or proposed projects.
Reverend Thorogood gave a presentation and made clear that due to the
lack of time and the inability for the Citizen Advisory Committee to
meet, his comments were in behalf of the Citizen Advisory Committee but
did not reflect a concensus of their opinion. (A copy of his presenta-
tion will be made a part of these proceedings.)
The Citizen Advisory Committee will meet to consider this matter Wednesday
March 18, 1981 and a report will be maae to City Council after that date.
Mrs. Alice Green expressea her personal concerns.
Mr. Issac Herbert spoke of his concerns.
Mr. Sam Houston expressed his-concerns.
Pending the March 18, 1981 meeting of the Citizens Advisory Committee
and their report thereafter, no action was necessary.
ITEM #16374
Upon motion by Councilman Ervin, seconded by Councilman Standing,
City Council adjourned at 11:55 a.m.
0-@ 5. E) @@
Angelia S. Bunch, Deputy City Clerk Barnett Thorogood, Chairman
Citizens Advisory Committee
Ruth Hodges Smith, City Clerk
D.D.S.
City of Virginia Beach,
Virginia
March 9, 1981
M I N U T E S
I N F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
16 March 1981
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, in the City Hall Building, on Monday, 16
March 1981, at 12:30 p.m.
Council members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing
Council members Absent:
None
ITEM #16375
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, appointees or employees of
any public body. (Personnel Matters)
2. Investing of public funds where competition or bargaining
is involved where, if made public initially, the financial
interest of the governing unit would be adversely affected.
(Financial Matters)
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 jur-
isdiction of the public body. (Legal 14atters)
- 2 -
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to proceed into EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3-
M A T T E R S B Y T H E M A Y 0 R
ITEM #16376
Mayor McCoy advised Council of the Highway meeting in Suffolk on
Tuesday, March 17, 1981, at 10:00 a.m.
ITEM #16377
Mayor McCoy advised Council of the Redistricting meeting Tuesday,
March 17, 1981, at 2:30 p.m., in the Kirn Memorial Library.
ITEM #16378
Mayor McCoy advised Council that appointments to the Erosion Commission
Advisory Committee should be made as soon as possible.
M A T T E R S B Y T H E C 0 U N C I L
ITEM #16379
Councilman Merrick provided Council with an article from the "Sentinel
Star", Orlando, Florida, regarding Florida's water crisis.
A copy of the article has been made a part of these proceedings.
ITEM #16380
Councilwoman Henley requested up-dates to her Boards and Commissions
book, and the Agenda for the Wetlands Board.
The City Clerk advised she would comply with her request.
ITEM #16381
Councilwoman Oberndorf gave an up-date on the Consolidation Feasibility
Committee of the School Board and the City of Virginia Beach.
I N F 0 R M A L A G E N D A
CZO-USE PERMIT WITHDRAWAL ITEM #16382
The Planning Director appeared before Council during the INFORMAL
SESSION to discuss the Proposed Comprehensive Zoning Ordinance
Changes regarding withdrawal of use permit and rezoning applications.
-4-
The Planning Director advised that the concern is the ability to "bring
back" a withdrawn rezoning or use permit application within one year.
The Planning Director advised that State Law does provide that the
governing-body of a City or County may set limits on when a rezoning
may be acted upon a second time; however, it cannot exceed one (1)
year.
The Planning Director presented to Council two (2) proposed amendments
to the Comprehensive Zoning Ordinance, wbich will be considered under
NEW BUSINESS, Article 1, Section 107 re: Amendments; Article 2, Section
220 re: Conditional Use Permits.
GENERAL BOOTH BOULEVARD ITEM #16383
The City Manager advised Council that on the Master Street and Highway
Plan the present aligiiment is on the existing alignment of General Booth
Boulevard. After the Public Hearing with the residents of the area it
was requested the road be relocated beyond the existing alignment.
The City Manager requested Council to follow the existing alignment
of General Booth Boulevard.
This matter will be presented under NEW BUSINESS.
City Council recessed into EXECUTIVE SESSION, (1:00 p.m.)
- 5-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
16 March 1981
2:15 p.m.
Council Members Present:
Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Clarence Bowen, Jr.
Pastor
Beachgrove Bethel United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
6 -
M I N U T E S
ITEM II-D.1 ITEM #16384
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of the Regular Meeting of
9 March 1981; AND, the Record of the Council Briefing of 9 March 1981.
Voting; 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 7-
P R E S E N T A T I 0 N S
ITEM II-E.1 ITEM #16385
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to ADOPT the Resolution of Appreciation and
present same to:
J ROY ALPHIN - TRANSPORTATION SAFETY COMMISSION
(1968 - 1980)
(Retired Council Appointee)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 8-
RESOLUTION OF APPRECIATION
TO
J. ROY ALPHIN
WHEREAS, J. Roy Alphin has served as a member of The
Transportation Safety Commission from 1968 to 1980; and,
WHEREAS, J. Roy Alphin 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 real i zed sat isf action in succe ssf ully
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 [121 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 Sixteenth day of March, 1981, in the City of Virginia Beach,
Virginia.
Given under my hand and seal this 16th day of March 1981
Mayor
City of Virginia Beach
- 9-
P U B L I C H E A R I N G
ITEM II-F.-l ITEM #16386
City Council held a Public Hearing regarding a proposed Ordinance to
adopt andenact a new Code for the City of Virginia Beach, which Code
shall supercede all general and permanent Ordinances of the City
adopted on or before October 27, 1980, and which shall be known as
the "Code of the City of Virginia Beach, Virginia."
There being no speakers, the Mayor declared the Public Hearing closed.
C 0 N S E N T A G E N D A
ITEM II-G.1 ITEM #16387
THE CONSENT AGENDA was enacted by ONE MOTION
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance adopting and enacting a new Code for the City of
V irgin ia Beach, V irgin ia ; es tab lishing the same; pro viding f or the repea l
of certain ordinances not included therein; providing for the manner of
amending and supplementing siich Code; and, providing when such Code
and this Ordinance shall become effective.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-10-
AN ORDINANCE ADOPTING AND ENACTING A
NEW CODE FOR THE CITY OF VIRGINIA BEACH
VLRGINIA; ESTABLISHING THE SAME; PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED THEREIN; PROVIDING FOR THE MANNER
OF AMENDING AND SUPPLEMENTING SUCH CODE;
AND PROVIDING WHEN SUCH CODE AND THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the Code of Ordinances, consisting of
Chapter 1 to 38, each inclusive, is hereby adopted and enacted as the
"Code of the City of Virginia Beach, Virginia," which Code shall
supersede all general and permanent Ordinances of the City adopted on
or before October 27, 1980, to the extent provided in Section 2 hereof.
Section 2. That all provisions of such Code shall be in
full force and effect from and after May 25, 1981, and all Ordinances
of a general and permanent nature of the City of Virginia Beach,
adopted on final passage on or before October 27, 1980, and not included
in such Code or recognized and continued in force by reference therein,
are hereby repealed from and after the effective date of such Code.
Section 3. That the repeal provided for in Section 2 hereof
shall not be construed to revive any Ordinance or part thereof that has
been repealed by a subsequent ordinance which is repealed by this
Ordinance.
Section 4. That any person convicted of a violation of such
Code shall be punished as prescribed in Section 1-9 thereof, or as
provided in any other applicable Section of such Code.
Section 5. That any and all additions and amendments to
such Code, when passed in such form as to indicate the intention of
the Council to make the same a part of such Code, shall be deemed to
be incorporated in such Code, so that reference to such Code shall
be understood and intended to include such additions and amendments.
Section 6. That in case of the amendment of any Section
of such Code, or the addition of any Section thereto, for which a
penalty is not provided, the general penalty, ds provided in Section
1-9 of such Code shall apply to the Section as amended or added, or in
case such amendment or addition contains provisions for which a penalty,
other than the aforementioned general penalty, is provided in another
Section in the same Chapter, the penalty so provided in such other
Section shall be held to relate to the Section so amended or added, unless
such penalty is specifically repealed therein.
Section 7. All Ordinances or parts of Ordinances in conflict
herewith are, to the extent of such conflict, hereby repealed.
Section 8. This Ordinance shall become effective from
date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixteenth day of March, 1981.
JDB :j h
2- 2 0 - 8 1
3 /1 6 / 81
-1 2-
ITEM II-G. 2 ITEM #16388
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the tax refunds in the amount of $942.29.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
M NO. C.A. 7 -1 3-
3/6/81 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
i-ilti tiie foiiowing appiications ior tax retunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!e Penalty lnt. Total
Year of Tax Number tion No. p . id
ray, Vern H. 80 pp 134098 11/6/80 5.40
urricane Fence Co. 80 pp 56885 2/5/81 16.11-
urricane Fence Co. 80 pp 56886 2/5/81 78.93--
iller, Steven G. 80 pp 78655 6/5/80 136.3&-
.S. Fleet Leasing, Inc. 80 pp 116247 5/29/80 142.44 -
aiser, David L. 80 pp 132706 12/5/80 69.90-
hipps, Linda A. 80 pp 130700 12/5/80 95.88-
immons, Charles F. 81 RE 68883-1 (2/2) 12/5/80 151.09-
irst Mortgage Corp. 81 RE 5398-1 (1/2) 12/5/80 16.75-
irst Mortgage Corp. 81 RE 46052-2 (1/2) 12/5/80 46.90 -
olfe, Donald J. 81 RE 39390-8 (1/2) 11/26/80 1.68 -
ameron-Brown Co. 81 RE 4599-1 (1/2) 11/25/80 46.90-
rvin, Thelma G. 81 RE 30099-1 (2/2) 12/4/80 13.40 -
atalano, Paul 80 RE 10891-4 (lf2) 12/5/79 11.10 -
atalano, Paul 79 RE 11641-8 (1/2) 11/28/78 12.00 -
atalano, Paul 79 RE 11641-8 (2/2) 6/5/79 12.00-
eaver Brothers, Inc. 81 RE 28741-7 (1/2) 12/5/80 20.10-
estern Pacific Financial 81 RE 83022-2 (1/2) 11/26/80 50.25 -
llstate Enterprises Mort. Co. 81 RE 44894-9 (1/2) 12/3/80 15.08 -
-7 7)
Total 942.29
tviA., 9 1981
DEPT. OF LAW
This ordinance shall be effective from date of adoption.
Ttie above abatement(s@ totaling Ce ed as to paym@nt;
r/)
were approved by
the Council of the City of Virginia
Beach on th@@day-o
Approved as t
r
Ruth Hodges S4ith
City Clerk
n, City Attorney
-1 4-
ITEM II-G.3 ITEM #16389
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the Special tax refunds in the amount of $1,131.17.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 5-
AN ORDINANCE AUTHORIZING SPECIAL TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE CO,@LMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for Special Tax refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
TAX DATE
NAME BASE PENALTY TOTAL
YEAR PAID
..Tidewater Psychiatric 1979- Monthly
Institute 1980 from $1131.17 $1131.17
March 79
Oct. 80
Ce
e, d, a s) PaVment:
Ivan D. Mapp
Commissioner of the Revenue
r d as form:
p
Dale 'im
ty Atto@n
Thi.s ordinance shall be effective from date of
adoption.
The above abatement(s).totaling 11.31.,l 7 were approved by the Council-of the
City of Virginia Beach on the zz day of 19
Ruth Hodges smith
City Clerk
-1 6-
ITEM II-G.4 ITEM #16390
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE license refunds in the amount of $527.50.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 7-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OP CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE-TT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LIC
NA-tlE YEAR PAID BASE PENALTY INT. TOTAL
ar Bru @ron Works
P. 8@mBox T56
Chesapeake, Va. 23320 1977/79 1977/79 237.18 237.18
Per Audit
Garcia, Mark F. 1978 1978 97.74 97.74
T/A M & G Eledtronics 1979 1979 192.58 192.58
4414 Fellowship Lane
Va. Beach, Va. 23453 2 9 0 . 3 2
Per Audit
W@R 4 ISBI'
Cerpified a
IDEPT. OF LAW
I',.. D. M.
Commission,
Approved as to form:
son
ey
The above abatement(s) totaling $ 527.50 were approved by the
council of the City of Virginia Beach on the day of
19
xur-n hocges Sffith
City Clerk
-1 8-
ITEM II-G.5 ITEM #16391
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to appropriate funds in the amount
of $68,686 to Virginia Beach Transit operation for additional personnel
and operating expenses.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 9-
AN ORDINANCE TO APPROPRIATE FUNDS
IN THE AMOUNT OF $68,686 TO VIRGINIA
BEACH TRANSIT OPERATION FOR ADDITIONAL
PERSONNEL AND OP@TING EXPENSES
WHFREAS, the City of Virginia Beach operates the trolley service in the
Beach Borough and desires to provide city funding for thirty CETA positions pre-
sently utilized by this service, and
WREREAS, the City also desires to expand the existing service to the
South Beach area as well as operate the Sunshine Special presently under
Tidewater Regional Transit (TRT), and
WHEREAS, the funding of CETA positions and the expansion of services
which will include twenty-three additional positions will require an appropria-
tion of $68,686 for the remainder of this fiscal year, and
WHEREAS, revenues from fares, advertising, and TRT contributions will
equal or exceed these costs,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACli:
That funds in the amount of $68,686 be appropriated in the General Fund
to the Department of Parks and Recreation for fifty-three temporary positions and
increased operating expenses due to expansion of services in the Virginia Beach
Transit FY 1981 operating budget and that estimated revenues in the General Fund
also be increased by the same amount.
First Reading: 9 March 1981
Second Reading: 16 March 1981
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON THE
16th day of March 1981.
'4T'NT
.,@pp-,zoVED AS TO Col
SIGN
- 20-
ITEM II-G.6 ITEM #16392
Upon motion by Vice Mayor Eeischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to appropriate and transfer funds
in the amount of $195,500 from School Site Acquisitions Fund to School
Capital Projects Fund for a school site in the west Kempsville area.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 1 -
AN ORDINANCE TO APPROPRIATE
AND TRANSFER FUNDS IN THE
AMOUNT OF $195,500 FROM SCHOOL
SITE ACQUISITIONS FUND TO
SCHOOL CAPITAL PROJECTS FUND
FOR A SCHOOL SITE IN THE WEST
KEMPSVILLE AREA
WHEREAS, the School Site Acquisition Fund was
created through financial contributions for school sites;
and
WHEREAS, the Virginia Beach School Board wishes
to expend $195,500 of a current balance of over $240,000
in that fund to purchase a site for future construction of
an elementary school; and
WHEREAS, this fifteen acre site is located in the
west Kempsville area of Virginia Beach and is an area of
increasing population growth which the School Board has
determined will require a new elementary school in the
future.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT funds of $195,500 be appropriated and
transferred from the School Site Acquisition Fund to the
School Capital Projects Fund for the purchase of a site in
the west Kempsville area of Virginia Beach for future
construction of an elementary school.
This ordinance shall be effective from date of adoption.
FIRST READING: 9 March 1981
SECOND READING: 16 March 1981
ADOPTED: 16 March 1981
JDB:er
2-18-81
'ro Fo A
'N' Y
- 2 2-
P L A N N I N G A G E N D A
ITEM II-H.I.a ITEM #16393
At Council's request no presentations were presented from either side.
Upon motion by Councilman Merrick, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the Planning Commission and
APPROVE the application of SEA BREEZE FARM, INC., for a variance to
Section 4.4(b) of the Subdivision Ordinance, as per the following:
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Sea Breeze Farm,
Inc. Property located at the Northern extremity of South Sea Breeze
Trail. Plats with more 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 approximately 2.2
acres, located at the terminus of South Sea Breeze Trai-1, into two (2)
lots.
Voting: 6-5
Council Members Voting Aye:
John A. Bam% F. Reid Ervin, Clarence A. Holland, M.D., W. H.
Kitchin, III, Donald W. Merrick, and Patrick L. Standing
Council Members Voting Nay:
Vice Mayor Harold Heischober, Barbara M. Henley, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
- 2 3-
ITEM II-H.l.b ITEM #16394
Attorney James H. Flippen, Jr., appeared in behalf of the applicant.
Mr. George F. Darden appeared in favor.
The following appeared in opposition:
John Jay Lewandowski
Kay Flohre, Laurel Cove Civic League
Mary Margaret Faust, Laurel Cove Garden Club
Herbert Sargent relinquished his time to John Gravatt
John Gravatt, Great Neck Association
Kay Recknor declined to speak
Councilman Merrick made a motion, seconded by Councilman Ervin, to
DEFER UNTIL THE FLRST MEETING IN APRIL (April 6, 1981), the application
of TEXACO, INC., for a Conditional Use Permit to permit the Attorney for
the Great Neck Association to research the Comprehensive Zoning Ordinance
and present his legal opinion.
Councilwoman McClanan offered a SUBSTITUTE MOTION, seconded by
Councilman Baum to DENY the application of TEXACO, INC., for a
Conditional Use Permit for a self-service gas station and car wash,
for the following reasons:
1. Increase in traff congestion which creates safety problems.
2. Encourage the highest and best use of the property.
3. Being consistent witb the City's Comprehensive Land Use
Plan that this particular corridor be kept as voted on
in the past.
Voting: 5-6
Council Members Voting Aye: (for Substitute Motion)
F. Reid Ervin, Barbara M. Henley, Reba S. McClanan, Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
Jobn A. Baum, Vice Mayor Harold Heischober, Clarence A.
Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy,
Jr., D.D.S., and Patrick L. Standing
Council Members Absent:
2 4 -
The recorded vote on the MAIN MOTION IS AS FOLLOWS:
Voting: 5- 6
Council Members Voting Aye: (for Main Motion).
F. Reid Ervin, Vice Mayor Harold Heischober, Reba S. McClanan,
Donald W. Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, Clarence A. Holland, M.D.,
W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., and
Patrick L. Standing
Council Members Absent:
None
- 2 5-
ITEM #16394(a)
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of TEXACO, INC., for a Conditional Use Permit,
as per the following, subject to the conditions outlined in the City
Manager's letter:
ORDINANCE UPON APPLICATION OF TEXACO, INC. R0381379
FOR A CONDITIONAL USE PERMIT FOR A SELF-
SERVICE GAS STATION AND CAR WASH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Texaco, Inc., for a Conditional Use
Permit for a self service gas station and car wash on certain pro-
perty located at the Southeast corner of North Great Neck Road and
First Colonial Road, running a distance of 193.39 feet EDre or less
along the South side of First Colonial Road, running a distance of
200 feet along the Eastern property line, rtmning a distance of 200
feet along the Southern property line and running a distance of 189.39
feet more or less along the East side of North Great Neck Road. Said
parcel contains .918 acre more or less. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions'in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements are necessary along First Colonial
Road, this includes curb and gutter, and sidewalk.
4. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
5. Two curb cuts are to be allowed on both First Colonial Road and
Great Neck Road provided each is a maximum of 24 feet in
width and marked appropriately for in-only and out-only
traffic.
6. Public restrooms are to be provided.
7. No water shall be permitted to fall upon or drain across public
streets or adjacent properties.
8. The recycling of water in accordance with the City Code.
9. Parking at a ratio of three (3) spaces for each car wash
space within the facility.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixteenth day of March, 1981.
26-
Vot ing: 6 - 5
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Clarence A. Holland,
M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S, and
Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, Barbara M. Henley, Reba S. McClanan, Donald
W. Merrick, and Meyera E. oberndorf
Council Members Absent:
None
- 2 7-
ITEM II-H.2.f ITEM #16395
THIS MATTER WAS BROUGHT FORWARD IN THE PLANNING AGENDA
James Owen spoke in behalf of the applicant, who was present, and
requested a deferral of three (3) weeks.
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland,
City Council voted to DEFER FOR THREE (3) WEEKS (April 6, 1981), the
application of SANFORD AND CHARLES, INC., for a Conditional Use Permit,
as per the following:
Ordinance upon application of Sanford and Charles, Inc., for a
Conditional Use Permit for an automobile service station on
certain property located at the Southwest corner of North Birdneck
Road and Virginia Beach Boulevard, running a distance of 154.56
the West side of North Birdneck Road, running a distance
of 155.99 feet along the Southern property line, running a distance
of 160.80 feet along the Western property line, running a distance
of 155.94 feet along the South side of Virginia Beach Boulevard,
and running around a curve in a Southeasterly direction a distance
of 32.03 feet. Said parcel contains .65 acre. LYNNHAVEN BOROUGH.
Vot ing 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
1II, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 8-
ITEM II-H.2.a ITEM #16396
Attorney James A. Evans appeared in behalf of tbe applicant.
Mrs. Nancy Parker, Old Beach Civic League, appeared in favor.
Attorney Bruce B. Mills, representing Peoples Leasing and Financial
Services, Incorporated, appeared in opposition.
Upon motion by Councilman Kitchin, seconded by Councilman Standing, City
Council voted to APPROVE the application of CROSBY CONSTRUCTION COMPANY
for a Change of Zoning District Classification, as per the following, subject
to the conditions outlined in the City Manager's letter; and, INCLUDING
TWO (2) ADDITIONAL CONDITIONS:
6. The applicant voluntarily agrees to submit to the City
Attorney's office for review and approval, a legal document
restricting the number of condominium units to forty-eight
(48); and, this document is to be recorded in the Clerk of
the Circuit Court's Office within thirty (30) days.
7. The building is to be on pilings.
ORDI-NANCE UPON APPLICATION OF CROSBY CONSTRUCTION Z0381555
COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM R-8 RESIDENTIAL DISTRICT TO A-1 APART-
MENT DISTRICT
BE IT ORDAINED BY THE COMCIL OF TBE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Crosby Construction Company for a Change
of Zoning District Classification from R-8 Residential District to A-1
Apart@nt District on certain property located on the West side of
Holly Avenue beginning at a point 225 feet North of 26th Street, running
a distance of 696.45 feet along the West side of Holly Avenue, running a
distance of 265 feet in a Northwesterly direction, running a distance of
826.66 feet in a Southwesterly direction, running a distance of 183.36
feet in a Southerly direction and running a distance of 215.31 feet in
an Easterly direction. Said parcel contains 5.467 acres. VIRGINIA BEACH
BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements are necessary along Holly Avenue; this
includes pavement widening and overlay, curb and gutter, sidewalk,
and drainage facilities.
4. No dredging, filling, bulkheading, or otber waterfront-related
activities will be allowed without the proper permits from the
appropriate Local, State and Federal Agencies.
5. The dedication of a 20-foot utility easement centered over the
existing force main.
6. The applicant voluntarily agrees to submit to the City Attorney's
Office for review and approval, a legal document restricting the
number of condominium units to forty-eight (48); and, this document
is to be recorded in the Clerk of Circuit Court's Office within
thirty (30) days.
7. The building is to be on pilings.
This Ordinance shall be effective from date of adoption.
.Adopted by the Council of the City of Virginia Beach, Virginia,
2 9-
Voting: 1 1- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
ITEM II-H.2.b ITEM #16397
Jack Osmond appeared in behalf of the applicant
Commander Curtin, Naval Air Station-Oceana, appeared in opposition
to application as it is in a noise potential zone.
Upon motion by Councilman Kitchin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of RESORT COMPLEX, INC., for a Change of
Zoning District Classification, as per the following, subject to the
conditions outlined in the City Manager's letter:
ORDINANCE TJPON APPLICATION OF RESORT COMPLEX Z0381556
INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM R-7 RESIDENTIAL DISTRICT TO A-2
APARTMENT DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Resort Complex, Inc., for a Change of
Zoning District Classification from R-7 Residential District to A-2
Apartment District on certain property located at the Southwest corner
of Norfolk Avenue and Indian Avenue, running a distance of 211.56 feet
along the South side of Norfolk Avenue, running a distance of 150 feet
along the Western property line, running a distance of 211.56 feet
along the Southern property line and rlmning a distance of 150 feet
along the West side of Indian Avenue. Said parcel contains .728 acre.
VIRGTNIA BEACH BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard iniprovements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements are necessary along Indian Avenue; this
includes pavemnt widening and overlay, curb, gutter, sidewalk,
and drainage facilities.
4. A 10-foot dedication along Indian Avenue.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixteenth day of March, 1981.
31-
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining;
Patrick L. Standing
Council Members Absent:
None
- 3 2-
ITEM II-H.2.c ITEM #16398
Walter Monahan, Land Planner, appeared in behalf of the applicant
Upon motion by Councilman Eolland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning Commision
and APPROVE the applications of CONCORDIA ENTERPRISES, LTD., for Changes
of Zoning, as per the following, subject to the conditions outlined in
the City Manager's letter:
ORDINANCE UPON APPLICATION OF CONCORDIA Z0381557
ENTERPRISES, LTD., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2 COMMT3NITY
BUSINESS DISTRICT TO A-1 APARTMENT DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, V]--RGINIA:
Ordinance upon application of Concordia Enterprises, Ltd., for a
Change of Zoning District Classification from B-2 Community Business
District to A-1 Apartment District on certain property located 500
feet more or less East of Davis Street, running a distance of 720
feet more or less East of Davis Street, running a distance of 685.75
feet in a Northeasterly direction, running a distance of 349.98 feet
in a Northwesterly direction, running a distance of 340 feet in a
Northeasterly direction, running a distance of 60 feet in an Easterly
direction, running a distance of 100 feet in a Northeasterly direction,
running a distance of 899.67 feet in an Easterly direction, running a
distance of 154.38 feet in a Southwesterly direction, running a distance
of 170.10 feet in a Northwesterly direction, running a distance of
1177.51 feet in a Southerly direction, running a distance of 319.24 feet
in a Southwesterly direction and running a distance of 91.48 feet in a
Northwesterly direction. Said parcel contains 14.824 acres. BAYSIDE
BOROUGH.
Approval is subject to the following provisions in conjlmction 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 down-
stream improvements and easements is required.
4. Adequate paved access to Virginia Beach Boulevard is required.
5. Utilization of the borrow pit located at the Northeast of this
development will require the submittal of a hydrology study to
verify its adequacy.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixteenth day of March, 1981.
3 3-
ORDINANCE UPON APPLICATION OF CONCORDIA ENTERPRISES, Z0381558
LTD, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-6 RESIDENTIAL DISTRICT TO A-1 APARTMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA BEACH, VIRGINIA:
Ordinance upon application of Concordia Enterprises, Ltd., for a
Change of Zoning District Classification from R-6 Residential District
to A-1 Apartment District on certain property located 1520 feet North
of Virginia Beach Boulevard beginning at a point 330 feet East of
Davis Street, running a distance of 60 feet along tbe Nortbern property
line, running a distance of 100 feet along the Eastern property line,
running a distance of 60 feet along the Southern property line and
running a distance of 100 feet along the Western property line. Said
property contains .13 acre. BAYSIDE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. An adequate drainage outfall system with all the necessary down-
stream improvements and easements is required.
4. Adequate paved access to Virginia Beach Boulevard is required.
5. Utilization of the borrow pit located at the Northeast of this
development will require the submittal of a hydrology study to
verify its adequacy.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixteenth day of March, 1981.
Voting: 11-0
Council Members Voting Aye:
John A. Baun6 F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 34-
ITEM II-H.2.d ITEM #16399
John Cote appeared in behalf of the applicant.
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of ARMADA/HOFFLER COMPANY for
a Change of Zoning District Classification, as per the following, subject
to the conditions outlined in the City @anager's letter:
ORDINANCE UPON APPLICATION OF ARMADA/HOFFLER Z0381559
COMPANY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-3 APARTMENT DISTRICT TO
I-1 LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Armada/Hoffler Company for a Chang!e of
Zoning District Classification from A-3 Apartment District to I-1
Light Industrial District on certain property located on the West side
of Diamond Springs Road beginning at a point 1170.82 feet North of
Bayside Road, running a distance of 278 feet along the West side of
Diamond Springs Road, running a distance of 150 feet in a Westerly
direction, running a distance of 150 feet in a Northerly direction,
running a distance of 235 feet along the Northern property line,
rmning a distance of 450 feet more or less along the Western property
line and running a distance of 669.76 feet along the Southern property
line. Said parcel contains 5.23 acres. BAYSIDE BOROUGH.
Approval is subject to the following provisions on conjunction w3@.th
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Access to Diamond Springs Road is limited to one entrance.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixteenth day of March, 1981.
3 5-
Voting: 1 1-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 36-
ITEM II-H.2.e ITEM #16400
Eric Houser appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of THE TRUSTEES OF EASTERN
SHORE CHAPEL for a Conditional Use Permit, as per the following
subject to the conditions outlined in the City Manager's letter:
ORDI--NANCE UPON APPLICATION OF THE TRUSTEES R0381380
OF EASTERN SHORE CHAPEL FOR A CONDITIONAL
USE PERMIT FOR A CHURCH PARISH HALL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon applicatioq of the Trustees of Eastern Shore Chapel,
for a Conditional Use Permit for a church parish hall on certain
property located on the West side of Laskin Road beginning at a
point 180 feet South of Bratten Avenue, running a distance of 400
feet more or less along the West side of Laskin Road, running a
distance of 390 feet more or less along the Southern property line,
running a distance of 530 feet more or less in a Northwesterly
direction, running a distance of 650 feet more or less in a North-
easterly direction and running a distance of 500 feet more or less
in a Southeasterly direction. Said parcel contains 8.105 acres more
or less. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improverwnts as required by the Site Plan Ordinance.
2. The existing septic facilities are acceptable.
3. Parking is to be provided at a ratio of 1 space per 5 seats or
bench seating spaces in the main auditorium.
4. No median openings allowed on Laskin Road.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixteenth day of March, 1981.
3 7-
Voting: 1 1-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 8-
U N F I N I S H E D B U S I N E S S
ITEM 11-1.1 ITEM #16401
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to REFER TO THE PLANNING COMMISSION FOR THEIR CONSIDERATION
AND RECOMMENDATION:
Ordinance to amend and reordain Article 1, Section 107
of the Comprehensive Zoning Ordinance pertaining to
AMENDMENTS.
Ordinance to amend and reordain Article 2, Section 220
of the Comprehensive Zoning Ordinance pertaining to
PROCEDURAL REQUIREMENTS FOR CONDITIONAL USE PERMITS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 9-
N E W B U S I N E S S
ITEM II-J.1 ITEM #16402
Mr. Herbert Dugroo appeared in opposition to the alignment of General
Booth Boulevard.
Attorney William Drinkwater, representing landowners adjacent to
General Booth Boulevard/Oceana Boulevard
Mr. John Wilson, 2241 Oceana Boulevard
Mr. Russell Brown, 2157 Oceana Boulevard
Upon motion by Councilwoman McClanan, seconded by Councilman Ervin, City
Council voted to consider the alternate route to alter the Master Street
and Higbway Plan and refer the matter to the Planning Commission for their
consideration and recommendation to the City Council.
Vot ing : 6- 5
Council Members Voting Aye:
F. Reid Ervin, Barbara M. Henley, W. H. Kitchin, III, Reba S.
McClanan, Donald W. Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
Jobn A. Baum, Vice Mayor Harold Heischober, Clarence A. Holland,
M.D., Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing
Council Members Absent:
None
- 40-
ITEM #16403
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to reconsider the previous motion to 'consider the
alternate route to alter the Master Street and Highway Plan, and
refer the matter to the Planning Commission for their consideration
and recommendation to the City Council.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Co unc il Members Absent
None
- 41 -
ITEM #16404
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council agreed to recognize tbe existing Master Street and Highway Plan,
and design General Booth Boulevard in accordance with that Plan, with
one exception: if the present right-of-way width from Ferrell Parkway
to Princess Anne Road South is not 90-feet that it be considered for
re duction to 90-f eet ; and, a separate Pub l ic Hear ing be held by the
Planning Commission for that exception to allow the Planning Commission
to make its recommendation to City Council with relation to the
reduction of the road width of General Booth Boulevard in this area
only.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Mayor J. Henry McCoy, Jr., D.D.S., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
4 2-
ITEM #16405
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to RECESS into EXECUTIVE SESSION (4:40 p.m.), to
discuss Personnel and Financial Matters, after which they adjourned.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,*
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan,* Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*VICE MAYOR HEISCHOBER VOICED A VERBAL "AYE".
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
- 4 3-
A D J 0 U R N M E N T
ITEM #16406
Upon motion by Councilman Ervin, City Council adjourned at 4:45 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges Smith May(j . H oy,@. D.D.S.
City of Virginia Beach,
Virginia
16 March 1981
dmh/wb