Loading...
HomeMy WebLinkAboutJANUARY 19, 1981 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR 1. HENRY M@COY JR.. D.D.S.. K..p..iii, B...gh VICE-MAYOR IIAROLD IFEISCHOBER, A, L.,g. JOHN A. SAUM, Bi.@k-,., B...Rb F. REID ERVIN, A, L.,g, BARBARA M. HENLEY, P..g. B.@.gb CLARENCE A. HOLLAND. M.D., B..,@id. B...gb W. H. KITCHIN. Ill, Vi,gi.i. 5-@h S.@.gb REBA S. M,CLANAN, P,i.@... A... B.-gh DONALD W. MERRICK, Ly..b.@.. B.-.gh MEYERA E. OBERNDORF. A, L.,g@ 222 CITY HALL BUILDING PATR)Ck L. STANDING, A, L.,g, MUNICIPAL CENTER VIRGINIA BEACB, VIRGINIA 23456 RUTH HODGES SMITH. Cily Cl-li (804) 427-4303 CITY COUNCIL AGENDA ITEM I COUNCIL BRIEFING - 11:00 a.m. - Conditional Use Permits ITEM II INFORMAL SESSION: 12:00 p.m. - January 19, 1981 A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECIFTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor 2. Matters for discussion by Council 3. Procedures for Street Closures - Discussion by David M. Grochmal, Assistant to the City Manager 4. introduction of Water from Chesaneake into Virginia Beach System - Discussion bv George L. Hanburv, City Manager 5. Pavilion Dedication - Discussion by George L. Hanburv, City Manager 6. Request for simultaneous hearing of Planning Item ITEM III FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend Harold Furs Pastor LeKies 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 January 12, 1981. E. PRESENTATIONS 1. Priiicess Anne Historical Society/Tidewater Board of Realtors F. RESOLUTIONS 1. Resolution supporting the selection of Meyera E. Oberndorf, Councilwoman, as Vice-Chairman of the Southeastern Virginia Planning District Commission. 2. Resolution - Popular Election of the Mayor 3. Resolution authorizing the City Manager to sign an addendum to the Norfolk Water Contract. 4. Resolution authorizing the City Manager to apply for funds dealing with consumer education through the U. S. Department of Education. G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be rout4-ne by the City Council and will be enacted by one motion in the form listed. There will be no separate disciassion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately. 1. Appointment of Gary Leigh Fentress as Assistant City Attorney. 2. Ordinance, on second reading, to enter into a contract totaling $14,100 with the Conunonwealth of Virginia, Office of Fire Services Training, to improve the fire services training facilities, and to appropriate these funds. H. PLANNING ITEMS 1. Deferred Items a. Application of R and R Corporation for a change of zoning from AG-2 Agricultural District to B-2 Community-Business District on a 34.49-acre parcel and a change of zoning from AG-1 Agricultural District to B-2 Community-Business District on an 18.65-acre parcel located between Landstown Road and Princess Anne Road, east of their intersection (Princess Anne Borough). (Deferred for 60 days on November 17, 1980.) ITEM III H. PLANNING ITEMS (,Continued) 1. Deferred Items b. Ordinance to amend and reordain Article 1, Section 107 of the Comprehensive Zoning ordinance pertain- ing to amendments;' AND, an Ordinance to amend and reordain Article 2, Section 220 of the Comprehensive Zoning Ordinance pertaining to procedural requirements. These ordinances were deferred until today on December 8, 1980. 2. New Items a. Application of Lynn G. Richmond for a change of zoning from R-6 Reside tial District to 0-1 office District on 7 .167@acre parcel located on the wes@ side of Rosemont Road, north of Bancroft Drive (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. b. Application of Webb Deaver, Jr., and Marie Deaver for a change o z@oning from AG-2 Agricultural District to B-1 Business-ResTdential District on a .410-acre parcel located on tbe north side of Princess Anne Road, west of Glebe Road (Princess Anne Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. C. Application of Carlito T. and Sonia M. Vera for a change of zoning from A-1 Apartment District to B-2 Community-Business District on a 3.689-acre parcel located on the north side of Holland Road, east of Edwin Drive (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. d. Application of L. L. and Shirley Elizabeth Liverman for a change oC z n@ing from B-1 Business-Residential District to B-2 Community-B s@iness DistriCt on a .262-acre parcel located on the west side of Military Highway, at the southern te=inus of Berkshire Drive (Kempsville Borough). 1. Letter from the City Manager transmits the reconnnendation of the Planning Comrnission for approval. ITEM III H. PLANNING ITEMS (Continued) 2. New Items e. Application of Victory Baptist Church for a conditional use permit for a church on a 4.5- acre parcel located on the south side of Providence Road, east of Cresthaven Lane (Kempsville Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. f. Application of Greenwich Inn Associates for a conditional use permit for a motel on a 5.86-acre parcel located on the south side of Greenwich Road, east of Newtown Road (Bayside Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for mEroval. g. Application of Little Creek Investment Corporation for a conditional use perrnit for an automobile muffleE shop on a 2.866-acre parcel located at the southeast corner of Diamond Springs Road and Haden Road (Bayside Borough). 1. Letter from the City Manager transmits the recoirmendation of the Planning Coinmission for approval. h. Application of Hayden R. and Patrick S. McQuilkin for a conditional use permit Tor a family dwelling on a 5.145-acre parcel located on the south side of Drum Point Road, east of Muddy Creek Road (Pungo Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. i. Ordinance to amend and reordain Article 9, Section 921 of the Comprehensive Zoning ordinance pertain- ing to use regulations in the B-3 Central Business District. 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. j. Application of Virginia State Shopping Plazas, Inc., and Kettler Realty for a conditional use permit for a h@ol saling and distributing operation on a 12.253-acre parcel located at the southwest inter- section of Virginia Beach Boulevard and Kellam Road (Bayside Borough). 1. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM III I. ORDINANCES 1. First Readings a. Ordinance, on first reading, to accept supple- mental grants Totali:ng $8629 from the Division of Justice and Crime Prevention and to appro- priate funas totaling $8629. b. Ordinance, on first reading, to accept a grant totaling $14,C90 fr@m the State Department of Health and to appropriate these funds. C. ordinance, on first reading, to loan funds of $85,000 to th Virginia Beach Maritime Museum. 2. Low Bid a. Low bid of Asphalt Roads and Materials, Inc., in the amount of $913,386.54 for the Beechwood Neighborhood Streets and Utility Improvements project, and authorize the City Manager to enter into the necessary aqreements for the implemen- tation of this project. Funds are available. J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT 1. Motion to adjourn. RECORD OF COUNCIL BRIEFING FOR VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 19 January 1981 The INFORMAL BRIEFING SESSION of the Council of the City of Virginia Beach, Virginia, was called to order by Acting Mayor Harold Heischober, in the Conference Room, City Hall Building, on Monday, 19 January 1981, at Eleven o'clock in the morning. Council Members Present: Jolm A. Baun, F. Reid Ervin, Acting @yor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. @Cla=, Dcnald W. @rrick, and @yera E. Oberndorf Council Members Absent: Clarence A. Holland*, @yor J. Henry @Coy, Jr.,-, and Patrick L. Standing- ITEM #16102 Robert J. Scott, Planning Director, appeared before Council in the INFORMAL BRIEFING SESSION to discuss Conditional Zonings. Mr. Scott advised Council that the City now has legislation at the State level which permits localities in Virginia to engage 3*-n Con- ditional Zonings. The City of Virginia Beach does not have a Con- ditional Zoning Clause in its Code, at the present time. Section 15.1-491.1 - Conditional Zoning; declaration of legislative policy and findings; purpose. - 2- It is the g@al policy of the C alth in accordance with the provisims of Sectim 15.1-489 to provide for the orderly dewlopnmt of land, for all purposes, through zming and other land de-velopment legislatim. Frequently, @re coupeting and conpatible uses ccnflict, traditional zoning methods and procedures are inadequate. In these cases, Twre flexible and adaptable zming uethods are needed to permit differing land uses and the mm tim to reco@ize effects of change. It is the purpose of Section 15.1-491.1 through 15.1-491.4 to provide a more flexible and adaptable zoning mthod to cope with situations found in such @s through Cmditional Zming, WHEREBY A ZDNING RECLASSIFICATION MAY BE ALLOM SU3JECr TO CERTAIN ODMLTIONS PROFFERED BY THE ZON@G APPLICOR FOR TIE PROTECRION OF T'BE TrY nAT ARE Ngr Y APPLICABLE TO IAND S=ARLY ZDNED. THE PROVISIONS OF THIS SECRION AND TIE FU G FIVE SECTIONS S@ NOr BE = FOR THE PMMSE OF DISCR ION IN H:)USING. (1978, c. 320. ) Section 15. 1-491. 2 - Same; conditions as part of a rezoning or amendment to zoning map. A Zcning Ordinance rmy include and provide for the voluntary proffering in writing, by the @r, by reasonable ccnditions, prior to a public hearing before the governing body, in addition to the regulations provided the zoning district or by the Ordinance, as part of a rezdning or amendment to a zdning @ ; provided, that (i) TfE REZDNTNG ITSELF MLJST GIVE RISE FCR THE NEED FCR THE OC)NDIRIONS; (ii) SUCH CONDTTIONS SHALL IAVE A REASONABLE RELATION TO T'BE REZDNING; (iii) SUCH CONDITIONS SHAIL NOT INCLLIDE A CASH OONTRIBURION TO THE ODUTRY OR MLEICIPALTRY; (iv) SUCH CC)NDITIONS SHAU NOT INCLLEE TORY DEDICATION OF REAL OR P@NAL PRDPERTY MR OPEN SPACE, PARKS, SCHDOLS, FIRE DEPARU=S OR 9= PLBLIC FACYLITIES NOT TSE PRDV= FOR IN Section 15.1-466(f); (v) SUCH CON- DITIONS SHALL NOT INCLLUE PAY= FOR C)R CONSIRUCRION OF OFF-SITE VEMERrS EXCEPT THDSE PRDVIDED FOR IN Section 15.1-466(j); (vi) NO CONDITION SR41L BE PROFFERED @T TS NOT REIATED TO THE PHYSICAL DEVELOP= OR PHYSICAL OPERATION OF THE PRDPEUY: AND, (vii) ALL SUCH CONDITIONS SHALL BE IN OC)NFCR= W= THE SIVE PIAN AS DEF= IN Section 15.1-466.1. (1978, c.329.) It was suggested that the Staff study other Cities who have incorporated Conditional Zonings in the Code to see what, if any, problems have arisen. *COUNCILMAN HOLLAND ENTERED MEETING AT 11:20 A.M. **COUNCILMAN STANDING ENTERED MEETING AT 11:07 A.M. - 3- M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 19 January 1981 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Vice Mayor Harold Heischober, in the Conference Room, in the City Hall Building, on Monday, 19 January 1981, at 11:45 a.m. Council Members Present: John A. Baun, Vice @r Harold Heischober, Barbara M. @ey, C@ence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Dcnald W. @rrick, and Meyera E. Oberndorf Council Members Absent: F. Reid Ervin*, Yiayor J. Heriry @Coy, Jr. -, and Patrick L. Standing ITEM #16103 Vice Mayor Heischober entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur- pose of discussing the following: 1. Discussion or consideration of employment, assig=ent, 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 or 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). - 5- ITEM #16104 Acting @yor Heischober advised Council of the FAA Hearing on the Pavilion Towers to be held at 10:00 a.m., on Thursday, January 22, 1981, at the Holiday Inn, Oceanfront - Thirty-Ninth Street. ITEM #16105 Acting Mayor Heischober advised Council of the Citizens Advisory Committee meeting to be held on Wednesday, January 21, 1981, at 7:30 p.m., at the Center for Effective Learning. At the meeting will be a Subcommittee studying the Housing Authority, Pros and Cons, Mrs. Elizabeth McClane, Chairwoman will present the report. M A T T E R S B Y C 0 U N C I L M E M B E R S ITEM #16106 Councilwoman Henley requested i-nformation concerning Rehabilitation funds being distributed to the rural areas. ITEM #16107 Councilwoman Henley requested a memo from Chief Diezel concerning fire safety requirements and the Zoning Ordinance; and, what the Council can do regarding this matter. M A T T E R S B Y T H E M A Y 0 R ITEM #16108 Mayor McCoy advised Council of the National Conference of Mayors meeting held in Washington D. C.; and, reported on the Transportation Safety Committee and noted that Councilman Standing was on the Community Development Committee, -duking his tenure as Mayor. *COUNCILMAN ERVIN ENTERED MEETING AT 11:45 a.m. **COUNCILMAN STANDING ENTERED MEETING AT 11:45 a.m. ***MAYOR McCOY ENTERED MEETING AT 11:55 a.m. Voting: 8- 0 Council Members Voting Aye: Jolm A. Baun, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Donald W. @rrick, and @yera E. Oberndorf Council Members Voting Nay: None Council Members Absent: F. Reid Ervin*, mayor j. McCoy, Jr.-, and Patrick L. Standing- - 6- ITEM #16109 Councilwoman Henley requested information concerning the water situation, and requested an indepth report which would give a definite direction of what can be done. ITEM #16110 Councilman Merrick asked Council to study the possibility of permitting citizens to use the City's slide projector when discussi-ng planning matters. This matter will be placed on the Council Agenda of 26 January 1981. I N F 0 R M A L A G E N D A ITEM #16111 The City Manager advised that in 1976 City Council denied a rezoning request of Corporate Design from R-6 Residential District to 0-1 Office District at Thirty-Sixth Street and Pacific Avenue. The matter went to Court and was referred back to Council. City Council approved the application on August 28, 1978, subject to the recordation of a restrictive covenant. The property has been purchased by someone else and they request to have it modified so the restrictive covenant would limit certain medical and professional office uses, and commercial interior decorators; however, they wish to include banks, savings and loans and other financial offices. It was the consensus of the Council that the applicant can file a zoning application to be heard by the Planning Commission and the City Council. City Council recessed for lunch, (12:20 p.m.) 7- ITEM #16112 City Council reconvened in the INFORMAL SESSION at 12:45 p.m., with the following Members Present: Jolm A. Baum, F. Reid Ervin, Vice Yayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. YjcCl@, Mayor J. Heriry YcCoy, Jr., Donald W. @rrick, Ityera E. Oberndorf, and Patrick L. Standing Council Members Absent: Ncne The City Manager advised an application came before Council for a zoning change to Historic and Cultural District, which was deferred for further study to enable the members of the Planning Cornmission to establish a Historic and Cultural district around the area near the Post Office. The City Manager advised that Councilwoman Henley had asked the Staff if they had any further comment on the matter. The City Manager advised Council that an application was coming before Council today (January 19, 1981), Webb and Marie Deaverfor a change of zoning in the area being recommended for the Historic and Cultural zoning. The City Manager further advised that the Staff, at this time, did not have a report concerning this, and perhaps Council would like to defer the matter one week. This matter will be heard on the PLANNING AGENDA, (II-H.2.b). ITEM #16113 The City Manager advised Council he received a request from Lynn G. Richmond for the withdrawal of his application for a change of zoning from R-6 Residential District to 0-1 Office District, due to an insufficient amount of acreage. ITEM #16114 David M. Grochmal, Assistant to the City Manager for I-ntergovernmental Relations, appeared before Council during the INFORMAL SESSION to advise Council of the procedures for street closures. Mr. Grochmal advised Council that in 1979 the General Assembly adopted Section 15.1-366 of the State Code allowing City Council to require that all street closures be purchased by the applicant. The purchaser miist be the owner of all land abutting the closure, the land must be appraised for its fair value, and no waivers of payment or negotiating should be done once the value is established. -8- ITEM #16115 The City-Manager advised Council that the hydraulic studies have been completed in the City of Chesapeake and he will report on this matter in the EXECUTIVE SESSION. ITEM #16116 The City Manager requested Council to "keep their calendars open" the week of March 13 through 22, 1981, for the dedication of Pavilion. The formal dedication will be held March 14, 1981, and the City Manager further advised Council will be receiving a detailed sheet of events, dates and times. ITEM #16117 The City Manager advised Council of the request by Fred T. Stant, III, for the expeditious hearing of his zoning application from AG-1 Agricultural District to AG-2 Agricultural District. (Conditional use permit) This matter will be heard under NEW BUSINESS. ITEM #16118 The City Manager advised Council the Public Hearing on Cable TV will be held on Monday, January 26, 1981, at 7:00 p.m. ITEM #16119 Councilwoman Oberndorf asked if the water the City will be receiving from the City of Chesapeake will be "treated water". The City Manager advised Council that the water would be treated before it entered the lines in Virginia Beach. City Council recessed into EXECUTIVE SESSION, (1:10 p.m.) 9- F 0 R M A L A G E N D A VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 19 January 1981 2:20 p.m. Council Members Present: John A. Batm, Vice Yjayor Harold HP-ischober, Barbara M. Hen]-ey, Clarence A. Hollmd, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Absent: F. Reid Ervin* INVOCATION: Reverend Harold Fuss Pastor LeKies United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA -10- M I N U T E S ITEM II-D.1 ITEM #16120 Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley, City Council voted to APPROVE AS CORRECTED the Minutes of 12 January 1981: Item #16098 - Conditional Uses Zoning Item #16082 - Pat35!Lek-L.--S#-amEling Robert J. Scott Voting: 10-0 Council Members Voting Aye: Jolm A. Baum, Vice Yjayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. btclanan, @yor J. @ YjcCay, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: F. Reid Ervin* -11- P R E S E N T A T I 0 N ITEM II-E.1 ITEM #16121 Beth Bare, Chairman of the Make America Better Committee for the Tidewater Board of Realtors, and Mr. Gaskins, Executive Vice President of the Tidewater Board of Realtors, appeared before Council to present a signed and numbered Print by Herb Jones to the City of Virginia Beach. R E S 0 L U T I 0 N S ITEM II-F.1 ITEM #16122 RESOLUTION SUPPORTING THE SELECTION OF MEYERA E. OBERNDORF AS VICE-CHAIRMAN OF THE SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION WHEREAS, Virgi-nia Beach has been a member of the Southeastern Virginia Planning District Commission (SVPDC), since 1969; and, WHEREAS, Virginia Beach has benefited from its membership in this Regional Planning Body; and, WHEREAS, a vacancy now exists on the Executive Committee for the position of Vice-Chairman; and, WHEREAS, Meyera E. Oberndorf currently represents Virginia Beach on the Commission and is a member of the Executive Committee. NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council urges the Executive Committee of the Southeastern Virginia Planning District Commission to appoint Meyera E. Oberndorf to the position of Vice-Chairman and that this appointment be made as soon as practical. ADOPTED by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, 1981. -1 2- Voting: 9-0 Council Members VotiTig Aye: John A. BaLn, Vir-e @yor Harold Heischober, Barbara M. Henley, Clarence A. Bolland, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry @Coy, Jr., Donald W. @rrick, and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining @yera E. Oberndorf Council Members Absent: F. Reid Ervin* *COUNCILMAN ERVIN ENTERED COUNCIL CHAMBERS AT 2:32 p.m. -13- ITEM II-F.2 ITEM #16122 (a) Upon motion by Vice Mayor Heischober, seconded by Councilman Merrick, City Council voted to ADOPT the Resolution regarding the Direct Election of the Mayor. Voting: 7-4 Council Members Voting Aye: F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S. YicClanan, DonaldW. @rrick, and @yera E. Oberndorf Council Members Voting Nay: John A. Baiin, Clarence A. HollmO, @yor J. Henry @Coy, Jr., and Patrick L. Standing Council Members Absent: None -1 4- Requested by: Vice Mayor Harold Heischober At a meeting of the Council of the City of Virginia Beach, Virginia, held in the Council Chambers on the - 1 9th day of January , 1981, the following resolution was adopted. R E S 0 L U T I 0 N WHERF-AS, the Council of the City of Virginia Beach, Virginia, is of the opinion that local government in the City is best served by popular election of the Mayor for a two year term by a candidate for the position of City Councilman or a serving member of City Council; and WHEREAS, the Council, on January 5, 1981, adopted a resolution requesting the General Assembly of Virginia to amend the City Charter, Chapter 147 of the Acts of 1963, to reflect the Councilmatic position; and WHEREAS, City Council desires to confirm this position as the best possible solution under the Seven-Four Plan of the City which the United States Supreme Court has upheld as constitutional. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT City Council respectfully requests the delegation to the General Assembly from Virginia Beach to give strong consideration to this request to meet the needs of this City and the process by which local gove = ent officials are best chosen by popular election. BE IT FURTHER RESOLVED that the Clerk of the Council is hereby directed to send a copy of this resolution to all members of the General Assembly representing the City of Virginia Beach, Virginia. ADOPTED: 19 January 1981 JDB: er 1-13-81 -15- ITEM II-F.3 ITEM #16123 Upon motion by Councilman Merrick, seconded by Councilwoman Henley, City Council ADOPTED the Resolution authorizing the City Manager to sign an addendum to the Norfolk Water Contract. Voting: 11-0 Council Members Voting Aye: John A. Bam, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Hmley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry Yr-Cay, Jr. , Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne -16- A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, on the 19 day of January -, 1981. On motion by Councilman Merrick and seconded by Councilwoman Henley the tollowing Resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the City of Virginia Beach municipal water system is currently under contract to purchase water from the City of Norfolk by an Agreement, dated April 24, 1973; and WHEREAS, the terms of such Agreement provide that no water other than that provided by the City of Norfolk shall be introduced in the mains located in the City of Virginia Beach; and WHEREAS, due to recent circumstances, a need has arisen for additional water to be provided to the citizens of the City of Virginia Beach other than the water furnished by the City of Norfolk; and WHEREAS, The City of Norfolk and the City of Virginia Beach are desirous of amending the aforesaid Agreement to allow for introduction of foreign water into the City's water system, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and he hereby is, authorized to execute the Addendum to the Norfolk Water Contract which will allow for introduction of water other than that furnished by the City of Norfolk into the Virginia Beach water system. A copy of said Addendum is attached hereto and made a part hereof. Adopted by the Council of the City of Virginia Beach, Virginia, on 19 January 1981 RHM/cj 1 2/2 4/8 0 12/2 9/8 0 (1) -1 7- THIS ADDENDUM, made this day of 1981 by and between the CITY OF NORFOLK, a Municipal Corporation, of the State of Virginia, hereinafter called "Norfolk", and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the State of Virginia, hereinafter called "Virginia Beach"; W I T N E S S E T H WHEREAS, Norfolk and Virginia Beach entered into an Agreement on the 24th day of April, 1973, providing, inter alia, for the sale of water to Virginia Beach by Norfolk; and, WHEREAS, Paragraph 18 of that Agreement provided that "no water other than that furnished by Norfolk shall be introduced into the mains in Virginia Beach"; and, WHEREAS, since the execution of such Agreement there has been a substantial change in circumstances involving the availability of potable water supplies; and, WHEREAS, Norfolk and Virginia Beach desire to amend the said April 24, 1973, Agreement to allow for introduction of water other than that furnished by Norfolk into the Virginia Beach water mains, NOW, THEREFORE, THIS ADDENDUM WITNESSETH: That for and consideration of the premises and mutual agreements of the parties hereto and other good and valuable consideration, Norfolk and Virginia Beach do hereby agree as follows: 1. That paragraph 18 of the April 24, 1973, Agreement be amended and revised to read as follows: 18. Virginia Beach agrees that the water supplied tmder this Agreement is for its own use and that it will not resell any such water beyond the Corporate Limits of Virginia Beach and that it will not resell such water within the Corporate Limits of Virginia Beach for use outside. Virginia Beach will distribute water in accordance with all applicable laws. The parties agree that water other than that furnished by Norfolk may be introduced into the water distribution system in Virginia Beach provided prior written notice is given to Norfolk. It is understood that Virginia Beach is totally responsible for the quality of this blended water in the Virginia Beach water distribution system and for preventing this blended water from entering the Norfolk water distribution system. -1 8- 2. All other provisions contained in the aforesaid Agreement shall remain in full force and effect. CITY OF NORFOLK, VIRGINIA By City Manager ATTEST: City Clerk CITY OF VIRGINIA BEACH, VIRGINIA By ATTEST: City Clerk STATE OF VIRGINIA CITY OF NORFOLK, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that JULIAN F. HIRST, City Manager, and LOUIS S. HUDGINS, City Clerk, for the CITY OF NORFOLK, VIRGINIA, whose names as such are signed to the foregoing Addendum, bearing date on the day of 1 1981, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this _day of 1981. Notary Public My Commission Expires: -1 9- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, VIRGINIA, whose names as such are signed to the foregoing Addendum, bearing date on the day of 1 1981, have acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1 9 81 . Notary Public My Commission Expires: - 20- ITEM II-F.4 ITEM #16124 Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City Council voted to DEFER FOR ONE WEEK (January 26, 1981) the Resolution authorizing the City Manager to apply for funds dealing with consumer education through the U. S. Department of Education. Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baun, F. Reid Ervin, Vice 14ayor Harold Heischcber, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Cla= , @yor J. Henry @Coy, Jr., Dcnald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne - 21- R E S 0 L U T I 0 N WHEREAS, the U. S. Department of Education provides Grant-in- aid assistance for consumer oriented educational programs; and, WHEREAS, the City of Virginia Beach has identified certain needs in the area of consumer education that would benefit the citizenry of our community; and, WHEREAS, the Division of Consumer Protection has formulated a project that will provide a Comprehensive Consumer Education Program; and, WHEREAS, the subject program will assist greatly in reducing and resolving consumer related issues and problems; and, WHEREAS, the Consumer Education Programs will be funded at 100 percentum on a reimbursable basis for a period of 12 months; and, WHEREAS, the subject program Grant will be approximately $50,000 with no local match required. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager be authorized to submit such materials as required to the U. S. Department of Education to secure this Grant for the City of Virginia Beach. DEFERRED ONE WEEK: 19 January 1981 - 22- C 0 N S E N T A G E N D A ITEM II-G ITEM #16125 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION. Voting: 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice Myor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Myor J. Henry @Coy, Jr., Donald W. Merrick, bkyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Ncne - 23- ITEM II-G.1 ITEM #16126 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the appointment of Gary Leigh Fentress as Assistant City Attorney. Voting: 11-0 Council Members Voting Aye: John A. Bain, F. Reid Ervin, Vice ttyor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. Yr-Clanan, Myor J. Henry Yr-Cay, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Ncne - 24- ITEM II-G. 2 ITEM #16127 Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendatio-n of the City Manager a-nd ADOPT ON SECOND READING the Ordinance to enter into a contract totaling $14,100 with the Commonwealth of Virginia, Office of Fire Services Training, to improve the fire services training facilities, and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: Jobn A. Baun, F. Reid Ervin, Vir-e @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. btcoy, Jr., Dcnald W. @rrick, Yjeyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne - 25- AN ORDINANCE TO ENTER INTO A CONTRACT TOTALLING $14,100 WITH THE COMMONWEALTH OF VIRGINTA, OFFICE OF FIRE SERVICES TRAINING, TO IMPROVE THE FIRE SERVICES TRAINING FACILITIES, AND TO APPROPRIATE THESE FUNDS WHERFAS, The City of Virginia Beach wishes to improve its fire services training facilities by purchasing a video-tape package, and WHEREAS, the Office of Fire Services Training has awarded $6,900 of the cost of the desired video-tape package. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: TRAT the City Manager is hereby authorized to accept the award and enter into the necessary contractual agreements for the City, upon approval of the contracts by the City Attorney as to form and legality; and THAT funds are hereby appropriated in the amount of $14,100 for the Fire Department; and BE IT FURTHER ORDAINED that the appropriation be financed by $6,900 estimated revenue from the Office of Fire Services Training and a local match of $7,200 from the City's General Fund Balance. This ordinance shall become effective upon date of adoption. FIRST RFADING: 12 Januarv 1981 SECOND READING: 19 January 1981 ADOPTED: 19 Januarv 1981 GGD:JDB:er 1/7/81 - 26- ITEM II-I.l.c ITEM #16128 THIS MATTER WAS BROUGHT FORWARD FROM ORDINANCES Mr. Bruce T. Martin, Executive Vice President of the Virginia Beach Maritime Museum, appeared concerning this matter; and, advised City Council that the Committee will accept the recommendation of the City Manager to change the name to VIRGINIA BEACH MARITIME HISTORICAL MUSEUM. Upon motion by Councilman Kitchin, seconded by Councilwoman Oberndorf, City Council voted to uphold the reconmendation of the City Manager and ADOPT ON FIRST READING the Ordinance to loan funds of $85,000 to the Virginia Beach Maritime Historical Museum. Voting: 11-0 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. McClmm, @yor J. @ @Coy, Jr., Donald W. @ick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne 2 7- COUNCIL APPROVED NAME CHANGE: Virginia Beach Maritime Historical Museum AN ORDINANCE TO LOAN FUNDS OF $85,000 TO THE VIRGINIA BEACH MARITIME HISTORICAL MUSEUM WHEREAS, the Virginia Beach City Council has authorized the Virginia Beach Maritiine Museum, Inc., to operate a Maritime Museum in a portion of the renovated Old Coast Guard Station on 24th Street; and, WHEREAS, the City has expended over $160,000 of an estimated total project cost of $250,000 in the relocation and renovation of the Old Coast Guard Station; and, WHEREAS, the Virginia Beach Maritime Museum will provide an educational service to our community of our maritime heritage; and, WHEREAS, the Board of Directors of the Virginia Beach Maritime Museum, Inc., has requested of the City an immediate loan of $85,000 to perform inside renovations of the building which are necessary for the Museum to be operational this summer. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds of $85,000 be loaned from the General Fund Balance to the Virginia Beach Maritime Museum, Inc., at an interest rate of 8.3725% per annum on the unpaid balance with principal repayments as follows: Date of Remaining Principal Amount of Principal Payment Repayment Principal Balance 1 7/1/85 $17,000 $68,000 2 7/1/86 17,000 51,000 3 7/1/87 17,000 34,000 4 7/1/88 17,000 17,000 5 7/1/89 17,000 - $85,000 BE IT FURTHER ORDAINED that such loan be evidenced by notes and authorized by Resolution of the Board of Directors and signed by the Chief Executive Officer. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 19, FIRST READING: 19 January 1981 SECOND READING: - 28- P L A N N I N G A G E N D A ITEM II-H.l.a ITEM #16129 Attorney Robert Kendall appeared in behalf of the applicant. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to DEFER FOR THIRTY DAYS the applications of R AND R CORPORATION for Changes of Zoning District Classification, as per the following: Ordinance lipm application of R & R Corporporation for a of D s ict Classification frcm AG-1 Agricultural Di.@@ct tn C.= ity-Business D@ir-t on certain property located an the South side of Landstom Road begirming at a point 868.56 feet East of Princess @ Road, rumiing a distance of 1196.36 feet along the South side of Landstown Road, runaing a distance of 600 feet in a Southerly directim, ruming a dis- tance of 1100 feet in a Soudmsterly direction, rurming a dis- tance of 1610 feet iwre or less in a Southeasterly direction, rLrming a distance of 460 feet rwre or less in a Southerly direction, running a distance of 1309.53 feet in a Nor@sterly 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 Arme Road and ru-Lning a distance of 1337.93 feet almg the Western property line. Said parcel contains 34.49 acres. PRINCESS ANNE BORDUM. Ordinance upon applicatim of R & R Corporation for a Change of Zoning District Classifir-ation from AG-1 Agricultura@ Di.strict to B-2 C@ -Business District an certain property located 600 feet Sauth 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 feetrwre or less along the Eastem property line and rl=ing a distance of 1610 feet rwre or less along the Western property line. Said parcel ccntains 18.65 acres. PRINCESS ANNE BORDUCH. Voting: 11-0 Council Members Voting Aye: (for deferral) Jolm A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry @Cay, Jr., Donald W. @rrick, @yera E. Oberndc)rf, and Patrick L. Standing Council Members Voting Nay: Nom Cotmcil Members Absent: None - 29- ITEM II-H.I.b ITEM #16130 Upon motion by Councilman Standing, seconded by Councilman Kitchin, City Council voted that the consideration to amend and reordain Article 1, Section 107 AND Article 2, Section 220 of the Comprehensive Zoning Ordinance be REFERRED BACK to the Planning Commission for their consideration of Council-imposed restrictions on rezonings, voluntary by the applicant, and establishing a time frame, (approximately a year), within which these conditions must be met or the approval of Council becomes null and void. Voting: 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry YcCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Ncne - 30- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 107 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO AMENDMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 107, Amendments, of the C.Z.O. is amended and reordained as follows: 107. Amendments (h) Effective Date. Unless expre ssly exem) ted bv Cit Council, each amendment t. the Ordinance stia@ii become ettective thirty (30) days after its adoption@. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981 DEFERRED ONE WEEK: 12 January 1981 REFERRED BACK TO PLANNING: 19 January 1981 - 31- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2, SECTION 220 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PROCEDURAL REQUIREMENTS BE IT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 2, Section 220, Procedural Requirements, of the C.Z.O. is amended and reordained as follows: 220. Procedural Requirements (e) Action by City Council. After receiving the recommendations of the City Agencies and the Planning Commission, the City Council shall hold a public hearing and act upon the proposed conditional use, granting the application in whole or in part with or without modifications, or denying it. In addition to the general or specific requirements set forth in this Ordinance concerning the proposed use, which shall be considered minimum requirements with respect to the permit, additional requirements, conditions and safeguards may be added by the City Council as required for the protection of public interest in the specific case. n.1 lzts ioex y n:le 1 xFm ted by C 1- -cil, each P:r t ro'e@tiyco S:e pp Cit u a y Council shall become ettective ttiirty (JU) days atter ttie date of approvai. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 19 DEFERRED ONE WEEK: 12 January 1981 REFERRED BACK TO PLANNING: 19 January 1981 - 32- ITEM II-H.2.a ITEM #16131 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Heischober, City Council voted to permit WITHDRAWAL of the application of LYNN G. RICHMOND for a Change of Zoning District Classification; AND, to refund . per tF the appiicant's tiiing tee, a e ,oiiowing: Ordinance ijpon applicatim of Lynn G. Ricl=d for a Change Of @ District Classification frm R-6 Residential Di-strict to 0 O@tice District an certain property located on the West side of Ro@t Road begiming at a point 275 feet North of Bancroft Driw , rlmning a distance of 75 feet along the West side of Rosemnt Road, ruming a distance of 97. 50 feet almg the Northern property line, running a distance of 75 feet along the Western property line and rurming a distance of 97.50 feet almg the Southern property line. Said parcel contains .167 acre. PR=SS ANNE BORDUCH. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. ItCl@, @yor J. Henry @Coy, Jr., Donald W. @ick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne - 33- ITEM II-H.2.b ITEM #16132 Attorney H, Calvin Spain appeared in behalf of the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Holland, City Council voted to uphold the reconmendation of the Planning Commission AND the requirements of the Historical and Cultural District and APPROVE the application of WEBB DEAVER, JR. AND MARIE DEAVER for a Change of Zoning District Classification, as per the following, subject to the conditions outlined in t@e city i4anager's letter: ORDINANCE MN APPLICATION OF WEBB DEAVER Z0181542 JR. , AND @IE DEAVER FM A MMGE OF DISIRIC,T CLASSIFICATION FROM AG-2 ACRICLL DI=CR TO B-1 BLIS=S RESIDERrIAL DISTRICR HE IT ORDA= BY TBE COUQCIL OF THE CITY OF V2z]NIA BEACH, VIRGINIA: Ordinance upon applicatim of Webb Deawr, Jr., and Mrie Dea-ver for a Chanff, of istrict Cla:sif ication frm AG- 2 i.=gtD- Agriculturai D .B-1 Blsie s-ResidEntiaL District an certain property located on the North side of Princess @ Road begiming at a point 1280 feet more or less West of Glebe Road, ruming a distance of 114.20 feet along the North side of Princess Ame Road, @ing a distance of 160.56 feet along the Western property line, ruming a distance of 115.37 feet along the Northern property line and ruming a distance of 160.27 feet along the Eastern property line. Said parcel contains .410 acre. PRINCESS ANNE BCRDILH. Approval is subject to the following provisions in conjunctim with the intended use of the land: 1. Standard inprovenmts as required by the Site Plan Ordinance. 2. City water and @r. 3. Right-of-umy inpro@nts will be necessary along Princess @ Road; this includes pavemnt widening, curb and gutter, sidewalk and drainage facilities. This Ordinance shall be effective frm date of adoptim. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, 1981. 34- Voting: 10-1 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice Myor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III Reba S. @cianan, mayor j. @Ccy, Jr., Donald W. Merrick, md Patrick L. Standing Council Members Voting Nay: Meyera E. Oberndorf Council Members Absent: None - 35- ITEM II-H.2.c ITEM #16133 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of CARLITO T. AND SONIA M. VERA for a Change of Zoring D trict Classification, as per the following, subject to"the con _ti.nisot Lined in the City Manager's letter: ORDEWCE UICN APFLICATION OF CARLTIO T. AND SONIA ZD181543 M. VERA FOR A CMNGE OF ZC)NING D=ICR CLASSIFI- CATION FROM A-1 AP DISTRICR TO B-2 TY BUSMSS DISTRICT. BE IT ORDAMM BY THE ODUICIL OF TBE CTIY OF VIPGINIA VIRGINIA: Ordinance upon applicatim of Carlito T. and Sonia M. Vera for a e of Zoning District Classificatim frm A-1 Aparmmt District to@B G@ity Busimss District an certain property located on the North side of Holland Road begirming at a point 1850 feet East of Edwin Driw , rurming a distance of 352.10 feet along the North side of Holland Road, rurming a distance of 459.53 feet almg Eastern property line, running a distance of 350 feet along the Northern property line and running a distance of 459.56 feet along the Western property line. Said @cel contains 3.689 acres. KEMPSVILIE BORDUCH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard iniprovenients as required by the Site Plan Ordinance. 2. City water and sewer. 3. An adequate drainage outfall with all the necessary @strean irrprow=ts and easeni--nts is required. 4. The dewloper is to pipe all drainage ditches running through or along this site. 5. No future nedian openings are permitted m Holland Road. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, 1981. 36- Voting: 11-0 Council Members Voting Aye: Jolm A. BaLn, F. Reid Ervin, Vir-e Yayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanm, @yor J. Henry YjcCoy, Jr., Donald W. @rrick, @yera E. Oberndc)rf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 7- ITEM II-H.2.d ITEM #16134 Lester T-. Liverman appeared in his behalf Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of L. L. AND SHIRLEY ELIZABETH LIVERMAN for a Change of 'Oning Distr*ct Classification, as per the ict to ( 7 st@ -d the following, subj tFe E..-, 4 3-puiations outi3-ne in City Manager's letter: ORDMNCE @ APFLICATION OF L. L. AND SHI= ZDI81.544 ELIZA= L RE A CHANGE OF ZC)NING DISIRICr CLASSIFICATION FRDM B-1 BUSNESS RESIDEUIAL DISTRICR TO B-2 ITY BUSINESS DISTRICr BE IT OPJ)A= BY THE COLECIL OF THE CITY OF VIRGINIA VIRGINIA: Ordinance upcn application of L. L. and S-hirley Elizabeth Liverman for a Change of _ring District Classification f-rm B-l' Business-Residential District to 7 Caminity-Business District an certain property licated an the West side of Military H@y begirming at the Southern extremity of Berkshire Driw , running a distance of 50 feet along @ West side of Military Highvmy, running a distance of 231.54 feet almg the Southern property line, rmming a distance of 50 feet almg the Westem property line and rurming a distance of 225.30 feet along the Northern property ltm. Said parcel contains .262 acre. KEMPSVI= BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard @roveiwnts as required by the Site Plan Ordinance. 2. This site is disapproved for the installation of septic tank and drainfields. 3. Right-of-vay @row=ts are necessary alcng Military Highway; this includes pa@t widening, curb and gutter, sidewalk and drainage facilities. 4. Proper screening is to be provided almg the North-= property line adjacent to the residential area. This Ordinance shall be effective from date of adoptim. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ni-neteenth day of January, 1981. 38- Voting: 11- 0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry YicCoy, Jr., Donald W. Yierrick, Yjeyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Nme Council Members Absent: Ncne - 39- ITEM II-H.2.e ITEM #16135 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Plan-ning Commission and APPROVE the application of VICTORY BAPTIST CHURCH for a Conditional Use Permit, as per the following, subject to the six (6) condieions out@ ined in the City Manager's letter; AND the deletion of condition number seven (7): The dedication of a 90-foot right-of-@y for Indian Lakes Boulevard as shmn cn the @ster street and Hig@y Plan ORDIMNCE LPON APPLICATION OF VICTORY @IST RD181360 CHLRCH FOR A COMrrl@ USE PER= FOR A CHLRCH BE 1T ORDA= BY THE OC)INCIL OF TIE CITY OF VIRGINIA BEACH, VIRG@: Ordinance upon application of Victory Baptist Church for a Conditional Use Permit for a church cn certain property located an the Sou si of Providence Road begirming at a point 920 feet Twre or less East of Cresthaven Lane, running a distance of 122.21 feet along the South side of Providence Road, rl=ing a distance of 200 feet in a Southerly direction, running a distarice of 123.44 feet in an Easterly direction, rurming a distance of 717.92 feet along the Eastern property line, rurming a distance of 244.52 feet along the Southern property lim and running a distance of 931 feet along the Western property line. Said parcel ccntains 4. 5 acres lmre or less. KEMPSVI= BORO@. Approval is subject to the foll@g provisions in ccnjunction with the intended use of the land: 1. Standard inprolmmmts as required by the Site Plan Ordinance. 2. City water and sewer. 3. The provisicyn of an adequate drainage outfall with any necessary downstream inprovmmts and easmmts is required, 4. Parking is to be provided at a ratio of 1 space per 5 seats or bench seating spaces in the niain auditoriun. 5. A mriable dedicatian almg Providence Road. 6. Permission from the City of Norfolk for the property owner, his successors, assigns or lessees to cross the City of Norfolk's uuter right-of-uuy. This Ordinance shall be effectim fran date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, 1981. 40 - Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Dbyor Harold Heischober, Barbara M. HEnley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., @d W. @rrick, btyera E. Oberndorf, and Patrick L. Standing Council Members Voti-ng Nay: None Council Members Absent: None - 41- ITEM II-H.2.f ITEM #16136 Attorney Grover C. Wright, Jr., appeared in behalf of the applicant Upon motion by Councilman Holland, seconded by Cou-ncilwoman Henley, City Council voted to uphold the reconnendation of the Planning Commission and APPROVE the application of GREENWICH INN ASSOCIATES for a Conditional Use Permit, as per the following, subject to the conditions outline 3-n t e City Manager's letter. ORDMNCE LTPON APPLICATION OF GREENWICH INN R0181361 ASSOCIATES FOR A COND17IONAL USE PE= FOR A H= BE 1T ORDA= BY THE ODLUCIL OF THE CITY OF VIRG@ BEACH, VIRGINIA: Ordinance upon application of Greenwich Irm Associates for a Conditional Use Permit for a imtel on certain property located on the Sou s o eenw Road begirming at a point 640 feet more or less East of Newtown Road, rlrming a distance of 780 feet along the Southern prcperty line, running a distance of 361 feet along the Eastern property line, n=ing a distance of 490 feet almg the South side of Greerrwich Road and rlrming a distance of 578 feet along the Western property line. Said parcel ccntains 5.86 acres. BAYSIDE BCROUGH. Approval is subject to the foll@ provisions in conjunction with the intended use of the land: 1. Standard irrprow=ts as required by the Site Plan Ordinance. 2. City umter and sewer. 3. Right-of-vay inprow@ts are necessary along Greenwich Road; this includes pa@t widening, curb and gutter, sidewalk, and drainage facilities. 4. The dewloper is to pipe all drainage ditches rluming through or alcng this site, as wll as provide adequately sized drainage facilities. 5. Applicant has mluntarily agreed to limit this project to a total of 298 units. This Ordinance shall be effectiw fran date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, 1981. 4 2- Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Vice Yjayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. YjcClanan, Ikyor J. @ @Coy, Jr., Donald W. @rrick, Yjeyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Ncne - 43- ITEM II-H.2.g ITEM #16137 Attorney*Grover C. Wright, Jr., appeared in behalf of the applicant. Upon motion by Councilman Holland, seconded by Vice Mayor Heisdhober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of LITTLE CREEK INVESTMENT CORPORATION, as per the following, subject to the conditions outlined in the City Manager's letter: ORD@CE IWN APPLICATION OF L=,E CREEK R0181362 EM CORPORATION FOR A CONDITIONAL USE PEM= FOR AN A B= SHOP BE IT ORDA= BY T'BE OC)UICIL OF THE CITY OF VIRGINIA VIRG@: Ordinance upon applicatim of Little Creek Inwstmnt Corporation for a Conditional Use Permit for an aubcmbile nuffler shop cn certain property located at the Southeast corner of Diamnd Springs Road and Haden Road, rlrming a distance of 381 feet along the South side of Haden Road, rlrming a distance of 326.09 feet almg the Eastern pro- perty line, rlrming a distance of 384.69 feet along the Southern property line and running a distance of 326 feet almg the East side of D@d Springs Road. Said parcel cmtains 2.866 acres. RAYSIDE BOROUGH. Approval is subject to the foll@g provisims in cmjunction with the intended use of the land: 1. Standard ttro@ts as required by the Site Plan Ord@ce. 2. City water and sewer. 3. All repair work is to be perforraed within a building. 4. A proper buffer is to be provided almg the Eastern property line. This Ordiriance shall be effective from date of adoptim. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, 1981. 44- Voting: 11-0 Council Members Voting Aye: Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Stariding Council Members Voting Nay: None Council Members Absent: None - 4 5- ITEM II-H.2.h ITEM #16138 Mr. Patiick McQuilkin appeared in behalf of the application Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council voted to DEFER FOR ONE WEEK the application of HAYDEN R. AND PATRICK S. McQUILKIN for a Conditional Use Permit , as per the following: Ordiriance ijpon applir-ation of Hayden R. and Patrick S. @Quilkin for a Conditional Use Permit for a single-family @lling on cer- tain property located cn t@ South si@ of Drm Point Road begirming at a point 1165. 29 feet East of @ Creek Road, rurming a distance of 131.14 feet along the South side of Drun Point Road, rum-Ling a distance of 1360.23 feet along the Eastern property line, rumiing a distance of 395.77 feet along the Southern property line and rumiing a distance of 1348.88 feet along the Western property l@. Said parcel contains 5.145 acres. PIEGD BCROUGH. Voting: 11-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, Vice Yiayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry @Cay, Jr., Donald W. @rrick, I*yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Ncne - 46- ITEM II-H.2.i ITEM #16139 Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinance to amend and reordain Article 9, Section 921 of the Comprehensive Zoning Ordinance pertaining to Use Regulations in the B-3 Central Business District. Voting: 11-0 Council Members Voting Aye: Jobn A. Baun, F. Reid Ervin, Vice @yor Harold Heiscbober, Barbara M. Hmley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Myor J. Henry @Coy, Jr., D@ld W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Ncne - 4 7- AN ORDINANCE TO ANEND AND REORDAIN ARTICLE 9, SECTION 921 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO USE REGULATIONS IN THE B-3 CENTRAL BUSINESS DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA: That Article 9, Section 921, Use Regulations, of the C.Z.O. is amended and reordained as follows: (c) Conditional uses and structures: All of the conditional uses and structures permitted in the B-2 Community Business District, and, in addition, who esa and distributing 1 t @pg operat ons 3.n c junction with re a. e tabiistiments, .cj.a 7 , 0 tsip e in e storage, subject to compliande with the provisions ot Part C o rticle 2 hereof provided that the following uses shall not be allowed as a conditional use or otherwise: (1) Automobile repair establishments; (2) Bulk storage yards and building contractors' yards; (3) Commercial recreational facilities such as amusement arcades; (4) Mobile home sales; (5) Outdoor advertising structures, billboards, sign- boards and poster panels. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, 1981. - 48- ITEM II-H.2.j ITEM #16140 Attorney W. Edward Hudgins, Jr., 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 VIRGINIA STATE SHOPPING PLAZAS, INC., AND KETTLER REALTY CORPORATION for a Conditional Use Permit, as per the following, subject to the conditions outline@3.n the City Manager's letter: ORDINANCE LPON APPLICATION OF VIRGINIA STATE R0181363 SHDPPTNG PIAZAS, INC., AND REALTY CORPORATICN FOR A CONDITIONAL USE PE= FOR A WHOLESALING AND DISTRIBUR]NG OP ON BE IT ORDA= BY THE COTECTL OF TliE CITY OF VIRGINIA VIRGINIA: Ordinance upcn application of Virginia State Shcpping Plazas, Inc., and Kettler Realty Corporation for a Conditional Use Permit for wholesaling and distributing operati- - c-j-cti- wit a retail establishmnt, ekcluding outside storage, cn certain property located on the South side of Virginia Beach Boulevard begimiing at a point 215 feet rwre or less East of Kellan Road, rurming a distance of 640 feet along the South side of Virginia Beach Boulevard, ruming a distance of 785 feet along the Eastern property line, rurming a distance of 56 feet in a Westerly direction, running around a curve in a Sau@sterly directim a distance of 28.27 feet, rurming a distarce of 462.11 feet along the North side of Colur&us Street, running a distance of 50.73 feet in a Northwsterly direction, rumiing a distance of 579.30 feet along the East side of Kellan Road, rurming a distance of 131.83 feet in an Easterly directim and rurming a distance of 243 feet in a Northerly direction. Said parcel cmtains 12.253 acres. RAYSIDE BOROUGH. Approval is subject to the foll@g provisions in cmjunction with the intended use of the land: 1. Standard inprovemmts as required by the Site Plan Ordinance. 2. City water and sewr. 3. A traffic signal will be required at the niain entrance to this site on Virginia Beach Boulevard if the existing building is expanded or additional structures cmstructed. 4. That the automtic sprinkler system now in place will be in ccnpliance with the requirenients of the National Fire Protection Associatim Panphlet lil3 when the proposed use is effected. 5. Installation of an automtic smke and heat venting system in the uurehouse portion in ccnpliance with the National Fire Protection Association Panipblet #204. 6. Any additional requirenents of the City Building Code relating to change of occupancy from Twrchantile to storage shall also apply. This Ordinance shall be effective from date of adc)ptim. Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineteenth day of January, 1981 4 9- Voting:@ 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Herwy @Coy, Jr., Dcnald W. @rrick, Yjeyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 50 - 0 R D I N A N C E S F I R S T R E A D I N G S ITEM II-I.l.a ITEM #16141 Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT ON FIRST RFADING the Ordinance to accept supplemental Grants totaling $8629 from the Division of Justice and Crime Prevention, and to appropriate funds totaling $8629. Voting: 11-0 Council Members Voting Aye: Jolm A. Baum, F. Reid Vice @yor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, TTI, Reba S. @Clanan, Mayor J. @ ItCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Ncne - 51- AN ORDINANCE TO ACCEPT SUPPLEMENTAL GRANTS TOTALING $8629 FROM THE DIVISION OF JUSTICE AND CRIIE PREVENTION AND TO APPROPRIATE FUNDS TOTALING $8629 WHEREAS, the Council of the City of Virginia Beach resolved on March 24, 1980, to continue the Victi.M-Witness Program, which assists victims and witnesses in understanding the operations and procedures of the Criminal Justice System; and, WHEREAS, the Council of the City of Virginia Beach resolved on April 21, 1980, to continue the Major Violator Unit, which assists the Comonwealth's Attorney to more effectively prosecute career criminals and major violators charged with crimes; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved supplemental funding to continue the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept these supplemental Grant awards for the City, and funds are hereby appropriated for the followi-ng purposes: Estimated Revenue Local Total From Other Agencies Match Appropriations Victim-Witness Program $2653 $140 $2793 Major Violator Unit -5544 292 5836 Total $8197 $432 $8629 That the appropriations be financed by $8197 estimated revenue from DJCP, and a local contribution of $432 from the City's Unappropriated Fund Balance; and, That a total of three personnel positions be authorized for the duration of these Grants, to be paid from these Grants, with classes of employees to be determined by the City Manager. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. FIRST READING: 19 January 1981 SECOND READING: - 52 ITEM II-I.l.b ITEM #16142 Upon motion by Councilman Merrick, seconded by Councilman Holland, City Council voted to ADOPT ON FIRST READING the Ordinance to accept a Grant totaling $14,690 from the State Department of Health and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley, ClarEnce A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. @Coy, Jr., Dcnald W. @=ick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: Ncne - 53- AN ORDINANCE TO ACCEPT A GRANT TOTALING $14,690 FROM THE STATE DEPARTMENT OF HEALTH AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach wishes to comply with State Health Department regulations by erecting a perimeter fence to stop paper blowing from the Trashmore II Landfill; and, WHEREAS, the State Department of Health has approved funding to accomplish the above objective. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a Grant be accepted and appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations Solid Waste Grant $14,690 $14,690 That the appropriation be financed by $14,690 estimated revenue from the State Department of Health with no local match required. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1981. FIRST RF.ADING: 19 January 1981 SECOND READING- This Ordinance shall be effective from date of adoption - 54- B I D S ITEM II-I.2.a ITEM #16143 The following bids have been received for the Beechwood Neighborhood Streets and Utility Improvements Project - 2-942: Ashpaht Roads and Materials, Inc. $ 913,386.54 Suburban Grading & Utilities, Inc. $ 922,122.21 Contractors Paving Company, Inc. $ 932,382.51 Inner-View, Ltd. $ 981,692.40 Major T. Archbell, Inc. $1,005,398.95 Ames and Webb, Inc. $1,022,257.96 W. R. Hall, Jr. $1,033,709.90 Engineer's Estimate $ 958,311.65 Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Asphalt Roads and Materials, Inc., in the amount of $913,386.54, for the Beechwood Neighborhood Streets and Utility Improvements Project - 2-942. Voting: 11-0 Council Members Voting Aye: Jobn A. Ratrn, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor J. Henry Yr-Coy, Jr., Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Ncne Council Members Absent: None - 55- ITEM II-J.1 ITEM #16144 Upon motion by Councilman Standing, seconded by Councilman Baum, City Council voted to EXPEDITE the application of FREDERICK T. STANT, III, for a conditional use permit for a single family dwelling, on the East side of West Neck Road. Voting: 8-3 Council Members Voting Aye: John A. Batm, F. Reid Ervin, Vice @yor Harold Peischober, Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor J. Henry YicCoy, Jr., and Patrir-k L. Standing Council Members Voting Nay: Barbara M. Henley, Donald W. @rrick, and @yera E. Oberndorf Council Members Absent: None - 56- ITEM II-K.2 ITEM #16145 Councilman Kitchin made reference to a letter received from Howard Cullum concerning appointments to the Mental Health and Mental Retardation Services Board; and, asked that this matter be followed through. Vice Mayor Heischober advised Council that Mr. Cullum wished the appointments to be made after all resumes have been received by City Council. Councilman Merrick advised Council that Frank Friend, formerly with the Mental Health and Mental Retardation Services Board, has moved back into Virginia Beach. A D J 0 U R N M E N T ITEM II-L.1 ITEM #16146 Upon motion by Councilman Standing, seconded by Councilman Baum, and by UNANIMOUS VOTE, the meeting adjourned at 3:58 p.m. Diane M. Hickman, Deputy City Cler@ R'uth Hodges -omith, City Clerk RayorZ H @cCo D.D.S. City of Virginia Beach, Virginia 19 January 1981 ams/dmh