NOVEMBER 27, 1978
CITY OF VIRGIIII BEICI
MUNICIPAL CENTER
',M',ntf. t.,.g-f 'R.A.@t L'ify" VIRGINIA BEACH, VIRGINIA 23456
@MAYOR PATRICK L. STANDING, At L.,g@ (,LARENCE A. HOLLAND, M.D., B.y@id@ B ... @gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,,ill@ B.,..gh DONALI) W. MERRICK, Ly..h.@@. B.... gh
JOHN A. BAUM, B.,..gb MEYERA E. OBERNDORF, At L.,g.
F REID ERVIN, At L.,g, 1. CIIRTIS PAYNE, Pli@,@,@ A..@ B.... gh
GEORGE R. PERRELL, At L.,g. ROGER L. RIGGS, Vigi.i. B@.,h B.,..gb
BARBARA M. HENLEY, P.@g@ B.,..gb AGENDA RICHARD J. WEBBON,.City Cl.,k
The City council of the City Of Virginia Beach, Virginia, will asserrble in the Administration
Building, Princess Anne Borough, Virginia Beach, virginia, in Regular Session, at 4:00 p.m.,
on Mnday, Nov@r 27, 1978, for the purpose of conducting public business and wili hear
and act upc)n the following it@ :
1. Call to order by the Honorable Patrick L. Standing, mayor, in the Council Conference Rocin.
2. Roll C-dll of the Council.
3. Mc)tion to recess into Informl Discussion and Executive Session. Upon conclusion of the
Executive Session, City Council will reconvene in the city Council Ch@rs.
4. Invocation will be given at 7:00 p.m., by the Reverend Malcolm Yaple, Princess Anne United
Methodist Church, Virginia Beach, Virginia. Please remin standing for the Pledge of
Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of No r 20, 1978 to be presented for acceptance and
approval.
7. NO CONSENT A.
8. Letter frcm the City Manager transmitting the rec tion of the Pl g ssion
for denial of the application of Earl B. Chappell, Jr., for a change of zoning frcm R-1
Residential District to R-3 Residential District on a onc-acre parcel located at the
northeast oomer of He@tage Road and Wakefield Drive (Bayside Borough) -
9. Letter frcm the City Manager transndtting the rec@dation of the Planning Cc)@ssiOn
for approval of the application of Fentress Wood Associates for a change of zoning from
R-8 Residential District to B-2 ity-Business District on a 6.7 acre parcel located
on the west side of Princess Anne Road, south of Sunstream Parkway (Princess Ame Borough).
10. Loetter frcrn the City Manager transmitting the r dation of the Planning ssion
for approval of the application of B P Oil, Inc., for a Cc)nditional Use Permit for a
gasoline service station on a .65 acre parcel located at the southwest corner of Virginia
Beach Boulevard and North Bi-rdneck Road (Lynnhaven Borc)ugh)-
11. Letter frcin the City Manager tr tting the re tion of the Plaming Comiiission
for approval of the application of Sunstream Park, Inc. for a change of zoning from B-2
ity Business District to R-8 Residential District on a 6.7 acre parcel located on
the south side of Sunstream Parkway, west of Princess Anne Rc)ad (Princess Anne Borough).
12. Letter frcm the City Manager tr tting the re tion of the Planning ssion
for approval of the applications of Dean S. Potter, Gordon B. Potter, and John Ray
Potter for changes of zoning from R-4 Residential District to A-2 t District on
a 4 acre parcel; and R-5 Residential District to A-2 A t District on a 25.302 acre
parcel. These parcels are located w-est of First Colonial Road, between Old Dc)nation Park-
way and Wildwood Drive (Lynnhaven Borough). City cc>uncil, on Nov@r 13, 1978, voted to
reconsider the applications which were denied on C)ctober 23, @@978.
13. Letter from the City Manager transrdtting the rec@dation of the Planning ssion
and the viewers for approval of the application of EPCO Perrbroke Associates, Joseph A.
i,bntagna and Regina A. Mntagna, Missouris G. Craig, and Anthony Galiatos and Irene
Galiatos for a petition for the closure of a portion of Poton)ac Street (Bayside Borough).
14. L4etter frcm the City Manager trans@tting the r tion of the Planning CornTLission
for denial, due to no one appearing in support or oppc)sition to this closure, and
transnutting the rec@dation of the Viewers for approval or deferral (until the feelings
of those adjoining property @ers could be ascertained) of the application of Cypress
Properties, Inc. for the petition for the closure of a portion of 20th Street (Virginia
Beach Borough).
15. Letter frcm the City Manager tr tting the r tion of the Planning ssion
and the Viewers for denial of the application of Seawall Enterprises, Inc., for the
petition for the closure of portions of Garrison Avenue and Fentress Avenue (BaYside
Borough) and re=mending that City Council grant an encroa t to the property @er
of Bay Cove Restaurant for the construction of a bulkhead with appropriate rmping for
emrgency vehicles and pedestrian access to the beach, in addition to paved areas along
Fentress Avenue directing the publa-c to the access to the beach.
16. Letter frcin the City Manager tr tting the r dation of the Plannincj ssion
and the Vi@rs for approval of the application of Carl M. and Carole A. for @
petition of the closure of an unn@ street south of Spigel Drive (Lymhaven Borough).
17. @tter from. the City Manager transmitting the rec @ndation of the Planning ssion
and the Viewers for denial of the application of E. Gilbert Yeene for the closure of a
por-tion of Poplar Street (Lynrihaven Borough).
18. City Council is requested to approve on second reading an ordinance to enter into a
contract, totalling $2,122, with the Southeastern Virginia Planning District comdssion
and to appropriate these funds for aPlanning Intern.
19. City Council is requested to approve on second reading an ordinance to accept $130,000
from the Southeastern Tidewater Area Yjanpower Authority and to appropriate these funds.
(CETA-Title VI avlo@t)
20. City Cc)uncil is requested to approve on second reading an ordinance to accept $25,702
frorn the Southeastern Tidewater Area P4anpc)wer Authority and to appropriate these funds.
(CETA-Title I)
21. City Council is requested to approve on second reading an ordinance to accept $80,000
fr(xn the Southeastern Tidewater Area Manpower Authority and to appropriate these funds.
(=A-Title II)
22. City Council is requested to approve on second reading an ordinance to accept a grant
totalling $227,844 from the DivisiQn of Justice and Crinie Prevention and to appropriate
i
these funds for the Integrated Crifflinal Apprehension Progran.
23. Old business, deferred from the previous meting including any report of the Mayor or
Comnittees named by council.
24. New business, including any presentations by Council M@rs, Citizens and Organizations.
25. imotion for adjournnent.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
November 27, 1978
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in
the Council Chambers, in the Administration Building, on Monday,
November 27, 1978, at 4:00 p.m.
Council Members present: John A. Baum, F. Reid Ervin, George R.
Ferrell, Councilwoman Barbara @l. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald IV. Merrick, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standin.-
Council Member absent: Councilwoman Meyera E. Oberndorf*
ITEM #13034
Mayor Standing entertained a motion to permit Council to conduct an
informal meeting to be followed by an executive session for the pur-
pose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property.
3. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or
other legal matters within the jurisdiction of
the public body.
On motion by Councilman Riggs, seconded by Vice ',Iayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Daum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. fienry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L.
Riggs, and Ilayor Patrick L. Standin',
Nays: None
Absent: Councilwoman Dleyera E. Oberndorf
City Council voted to proceed into the executive session following the
informal discussion.
ITEM #13035
COUNCILWOMAN OBERNDORF ENTERED MEETING AT 4:@-2 p.m.
-,he City Manager indicated, per Council's request last week, he
conferred with the City Attorney and the Planning Director concernin--
the proper procedure for modifications to the DIaster Street and High-
way Plan. It is the belief of the City Mana,-er that the rule of pro-
cedure adopted by Council has been to forward any modifications to
the Master Street and ilighway Plan to the Plannin!@ Commission for their
recommendations.
It is the City Dlanager's recommendations that this procedure be
exercised with the modification recommended by Council on the Master
Street and Highway Plan.
ITEM #13036
The City Manager introduced @Ir. Robert J. Scott, Planning Director,
who briefed Council on the proposed Comprehensive Plan.
lir. Scott indicated that the Comprehensive Plan is the City Council's
official statement of policy on how changes regarding the phvsical
development of the City should take place in years to come. When
adopted, the Comprehensive Plan will replace the seven area Development
Plans adopted in 1972. The purpose of the Comorehensive Plan is to
serve as a guide whereby decision-makers can make sure that daily
decisions on the physical growth of the City are focused toward achieving
coordinated, predetermined goals for the com-munity.
The Comprehensive Plan is the official document formally adopted by
the City Council after advertisement and public hearings. Section
15.1 of the State Code deals witli the comprehensive plan and establishes
a number of important points:
1. Every local governing body must have a
comprehensive plan adopted by 1980.
2. The plan is to be I)repared by the Planning
Commission for presentation to Council,
3. Tlie plan is to be general in nature.
4. The plan must be based on careful study
and survey.
5. The plan is to be reviewed at least once
every five years to determine whether up-
dating is necessarv.
The Comprehensive Plan is made up of four important parts, such as:
1. A description of the growth management approach.
The plan recognizes the City as a rapidly growing
municipality subject to Virginia state law.
2. A series of community goals and policies related
to land use for the City. The plan is predicated
on the achievement of a series of goals for the
City, and the reliance on a set of policies designed
to achieve each goal.
3. The presentation of a general future land use plan
for the City.
4. Implementation of the plan. The general future land
land use map is the most important element of the
implementation stragedy.
Two important observations on the development process in Virginia
Beach provide important keys to this growth management theory. The
first observation concerns the phases through which a residential
developrnent passes as it goes from open space to completed subdivision.
All land in Virginia Beach can be fairly accurately placed into three
categories.
1. Vacant land - which has not been developed, or
is not being developed.
2. Developing land - which includes all those parts
of developing subdivisions which have not yet been
built upon but which will be built upon in the
future.
3. Developed land - which is part of each subdivision
already occupied bv residents.
The character of the City varies vastly from one area to another, and
the characteristics of development pertaining to the key transitions
also varies from one area to another. It is an important part of this
apptoach to divide the City for planning purposes into nine study areas,
each with its own set of characteristics, and to analyze each separately.
The purpose of the plan is to achieve the set of goals (one .-eneral goal
and six supporting goals) included in it. The key to the pi an is in
managing the two development transitions. The nature of four of the
six supporting goals (dealing with public facilities and services,
transportation, environmental protection, and land use) is such that
achievement of these goals requires careful use of a limited resource,
related to either financial, environmental, or neighborhood characteristics
of the City.
There are many tools available to help achieve the goals set forth,
but in a comprehensive plan whose emphasis is on growth control, one
of the most important is a land use plan. This plan will serve as a
guide to City Council over the planning period in making decisions on
land use changes.
The idea behind the land use plan is to use it as a guide, not as a
binding document. It is meant to establish one land use pattern that
will work, and to measure all proposals a.-ainst that pattern.
The City of Virginia Beach is committed to enhancing the quality of
life through comprehensive City planning and mana,-ement, and it shall
be the policy of the City to:
1. Plan for a reasonable level of growth and
change.
2. Coordinate public and private investment
for the maximum benefit through the administration
of the City's plans.
3. Establish and administer -oals, policies, objectives
and programs consistent with those at federal and
state levels of government.
The development of corimunity goals and policies and a land use plan is
effective only if there is a clear and concise Fleans available to bring
about the desired changes. The first goal, Nvhich is an overall goal for
the City, is implemented by the comprehensive planning process itself.
The remaining six goals are implemented by -more specific tools.
The study areas are as follows:
1. Bayfront study area - which is bounded @enerally
on the north by the Chesapeake Bay; on the east
by Seashore State Park; on the south by Long
Creek Canal and First Court Road; and on the west
by the Naval Amphibious Base.
Total area: 2,607 acres (4.1 square miles)
Total land area: 2,273 acres
Total water area: 334 acres
Total flood Dlain area: 463 acres
1960 Population: 5,468
1970 Population: 9,187
1978 Population: 13,659 (estimated)
The Bayfront study area land use recommendations are:
A. Suitable for future single family residential
development.
B. Suitable for future multiple family residential
development.
C. Suitable for future commercial development
2. The Bayside study area - is bounded generally on
the north by the Navy Amphibious Base and First
Court Road; on the east by the Western Branch of
the Lynnhaven River and Thalia Creek; on the south
by the Virginia Beach-Norfolk Toll Road; and on the
west by the City of Norfolk.
Total area: 10,400 acres (16.3 square miles)
Total land area: 9,789 acres
Total water area: 611 acres
Total flood plain area: 781 acres
1960 Population: 21,600
1970 Population: 38,957
1978 Population: 47,767 (estimated)
The Bayside study area land use recorimendations are as follows:
A. Suitable for future industrial develodment.
B. Suitable for future commercial development
C. Suitable for residential development at
density dictated by existing zoning.
3. The Courthouse-Sandbridge area - is bounded generallv
on the north by Landstown Road, Shipps Corner Road, and
London Bridge Road, and by Oceana Naval Air Station; on
the east by Dam Neck Anti-Air Warfare Training Center and
the Atlantic Ocean; on the south by Back Bay National
Wildlife Refuge and the Borou,,,hs of Pungo and Blackwater;
and on the west by the City of Chesapeake and the Kempsville-
Princess Anne Borough line.
Total area: 29,858 (46.7 square miles)
Total lan(I area: 28,910
Total water area: 948 acres
Total flood plain area: 6,156.8 acres
1960 Population: 268
1970 Population: 5,477
197S Population: 8,584 (estimated)
The Courthouse-Sandbridge study area land use recommendations are:
A. Suitable for development of light industrial
use.
B. Suitable for development of general corimercial
use.
C. Suitable for development of residential use at
density dictated by existing zonin,,,.
4. The Great @@eck study area - is bounded generally on
the north by Long Creek Canal; on the east by Broad
and Linkhorn Bays; on the south by 'iAS Oceana; and
on the west by the Eastern Branch of the Lynnhaven
River:
Total area: 9,595 acres (15 square miles)
Total land area: 8,691 acres
Total water area: 904 acres
Total flood plain area: 640.2 acres
1960 Population: 9,904
1970 Population: 15,884
1978 Population: 28,913 (estimated)
The Great Neck study area land use recor-nmendations are:
A. Suitable for future industrial development.
B. Suitable for future commercial development.
C. Suitable for ftiture residential land use at
existing zoning.
5. The Holland studv area - is venerallv bounded on
the north by the Norfolk-Virginia Beach Toll Road;
on the east by Oceana 'Taval Air Station; on the
south by Shipps Corner Road, Landstown Road, Princess
Anne Road, and the City of Chesapeake; and on the west
by Elbow Road, Salem Road, Princess Anne Road, Baxter
Road and Independence Boulevard.
Total area: 11,639 acres (18 square miles)
Total land area: 11,588
Total water area: 51 acres
Total flood plain area: 88.5 acres
1960 Population: 2,905
1970 Population: 22,324
1978 Population: 39,122 (estimated)
The Ifolland study area land use recommendations:
A. Suitable for future industrial development.
B. Suitable for future commercial development.
C. Suitable for future residential developrient
at existing zoning.
6. The Kempsville study area is bounded generally on
the north by the Virginia Beach-liorfolk Toll Road;
on the east by Salem Road; on the south by Elbow
Road and the City of Chesapeake; and on the west
by the Cities of Chesapeake and Norfolk.
Total area: 15,727 acres (24.6 square miles)
Total land area: 15,311 acres
Total water area: 416 acres
Total flood plain area: 442 acres
1960 Population: 9,789
1970 Population: 24,555
1978 Population: 47,166 (estimated)
The Kempsville study area land use recommendations:
A. Suitable for future industrial development.
B. Suitable for future commercial development.
C. Suitable for residential development at density
dictated by existing zonin,-.
D. Suitable for development at density of 12 units
per acre.
7. The Little Neck study area - is boiinded generally
on the north by Lynnhaven Bay; on the east by the
Eastern Branch of the Lynnhaven River; on the west
by the Western Branch of the Lynnhaven River; and
on the south by the lqorfolk-Virginia Beach Toll
Road:
Total area: 6,522 acres (10 square miles)
Total land area: 5,963 acres
Total water area: 559 acres
Total flood plain area: 495.1 acres
1960 Population: 4,694
1970 Population: 17,811
1978 Population: 2-@,543 (estimated)
The Little Neck study area land use recom-endations:
A. Suitable for future development as single family
residential land use.
B. Suitable for future commercial and industrial
development.
C. Suitable for future development as multifamily
residential land use.
8. The Oceanfront study area - is bounded generally on
the north by Seashore State Park and Fort Story; on
the east by the Atlan@.ic Ocean; on the south by Camp
Pendleton and Owls Creek; and on the west by NAS
Oceana and Lickhorn Bay.
Total area: 5,189 acres (8.1 square miles)
Total land area: 4,930 acres
Total water area: 9-59 acres
Total flood plain area: 401.8 acres
1960 Population: 14,438
1970 Population: 19,623
1978 Population: 31,166 (estimated)
The Oceanfront study area land use recomrlendations:
A. Suitable for future industrial and commercial
land use.
B. Suitable for future development as tourist and
convention related land uses.
C. Suitable for future development as single family and
tourist related residences.
9. The Pungo-Blackwater study area - is bounded generally
on the north by the Princess Anne and Pun,.o Borough;
on the east by the Atlantic Ocean; on the south by the
State of North Carolina; and on the west by the City of
Chesapeake.
Total area: 77,183 acres. (120.5 square miles)
Total land area: 63,346 acres
Total water area: 13,837 acres
Total flood plain area: 13,178.8 acres
1960 Population: 2,997
1970 Population: 3,206
1978 Population: 4,021 (estimated)
The Pungo-Blackwater study area land use recommendations:
A. No change in the existing land use of the study
area is recommended.
ITEM #13037
In response to a question by Councilmen Merrick and Ervin concernin.-
the ordinance for the proposed expenditure of $580,850, required to
bring the Aragona, Princess Anne, and Pembroke Utilities to a sat-
isfactorv operating condition since the Utilities are now the property
of the City of Virginia Beach, the City Manager introduced Mr. John
Smith, a representive of the engineering firm of Baldwin and Gregg, who
outlined the reconstruction, repair and the building of new pump stations,
sewer mains and gravity collector lines needed to assure economic and
efficient operation of the system, which is now connected to the Hampton
Roads Sanitation District collector lines for treatment and disposal of
effluent.
The Council questioned the disparity between the estimates supplied
by two engineering firms commissioned to make an engineering report
on the condition, and estimated value of the systems before they
were purchased by the City. The firm now making the report was
commissioned by the Utilities Department to make a technical redort,
which has been presented with the recommendation that $580,085 be
appropriated for the purpose of modifying the systems.
The City Manager indicated that there are sufficient funds in the
Water and Sewer fund to perform the work during fiscal year 1979.
He did indicate, however, that if the costs now estimated continued
to increase due to inflation that an increase in the utility rates
might be necessary to complete the work, this, however, in his estimation
would not be required, if at all, for a period of about four years. The
question was raised as to whether this expense would be borne by the
other segments of the sewerage utility systerii, the City Manager advised
the Council that the tlaree systems could carry their own expenses with
the present rate, and with the anticipated increase in the nu-mber of
consumers due to the rapid development and increase in population.
The ordinance will be brought up for action during a formal City
Council session.
ITEM #13038
Representatives from the Chesapeake Beach area appeared before Council
after the City ilanager had requested direction from the Council regarding
their policy in the matter of authorizing a building permit for houses on
the beach front, which would require the levelin.- of the protective dunes
in order to provide a street for access to the property owned by the
applicant for a building permit. The street in question is shown on
the Plat of Chesapeake Park as Ocean View Avenue. In some areas the
street has been utilized by the public, however, in order to make it
usable at this particular point it would be necessary to level off the
protective dune along the top of which the street is platted. The street
would provide access to about four lots.
The reason for the request by the City @lanager for direction by the City
Council is that a decision at this point would provide a precedent for
action at other points on the beach in the entire City. The adoption
of the Coastal Control Ordinance and the ComT)rehensive Plan, which are
presently under consideration by City Coijncill, will automatically decide
the action. In the event that the permit is not issued a law suit against
the City charging "condemnation" of the property may be expected which
would require the City to pay the estirnated value of the land. A court
action forcing the City Ilana.-er to make an immediate decision under threat
of Mandamus action can be anticipated.
It would appear that a refusal by the City Council and the City Manager
to permit the destruction of the protective dune and the issuance of the
building permit would certainly be in the best interests of the I-eneral
public for their health and safety, and would finally bring to a decision
the financial liability of a political subdivision in taking action to
protect the general public rather then the interests of a builder, or
developer of property - the loss of wliich the City Council or the
Administration has absolutely no control it being an act of nature.
ITE34 #13039
A delegation appeared before City Council in the matter of relocating
and widening Atlantic Avenue from 49th Street, -@North, to 89th Street.
A schematic drawing by the engineers visualized locating the pumping
stations and other public utilities in the median strip between three
lane roadways on each side, such a design will eliminate the feeder
roads, however, on the proposed 120 foot right-of-way there will still
be ample room for sidewalks on both sides of the main road.
Another sketch relocated the pump stations on one side of a four lane
highway with the feeder roads remainin- as they presently exist, this
appeared to present a somewhat one-sided or off balance appearance.
During the course of the discussion it became apparent that one of the
chief concerns of tlle public is the disposition of the existing trees and
shrubbery in the median areas. The public was assured that every effort
will be made to preserve, replant and relocate all existing plant life.
The question was raised as to the need for a dual three-lane or total
six-lane highway to satisfy the traffic needs at various and all seasons
of the year. It was noted that certain streets which were intended in the
Master Street and Highway Plan adopted some years a.-o had been deleted
with additional traffic burden of necessity being placed upon Atlantic
Avenue, in addition it is visualized that in the next fifteen or twenty
years, residential and motel-hotel development will occur in many of the
areas now reserved strictly for residential purnoses, this will be a result
of the population increase. The Arts and Conference Center is located
near Atlantic Avenue, and will contribute additional traffic. Traffic
counts have determined the need particularly durin.- the tourist season, it
would seem that a dual three-lane highway with the median strips in the
center would provide a more esthetically attractive street, in addition
it might be possible to hard top or pave only two of the three lanes, the
additional unpaved lane could be used for emergency and parking purposes.
The matter was taken for review and additional public hearings in T@orth
Virginia Beach.
ITEM #13040
Councilman Ervin requested information as to the methods being used to
determine the need to replace many two or three inch water mains in the
North Virginia Beach area. These mains have been in the ground many
years, and have caused loss of pressure and line breakage. The diminished
capacity of the small corroded mains to urovide adequate water pressure to
combat fires has increased fire insurance,rates.
The City Manager indicated that he was about to approve a contract to
have an on-the-ground survey made to determine the areas needing new
pipe.
City Council indicated that much of the work can be done by City forces.
ITE@l #13041
At 7:15 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Nlayor J. Henry McCoy, Jr., Donald
W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
The invocation was given b@7 the Reverend Malcolm Yaple, Princess Anne
United Methodist Church, followed by the Pledge of Allegiance.
ITEM #13042
On motion by Councilwoman Oberndor@f, seconded by Councilwoman Ilenley,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the minutes of the regular meeting of
November 20, 1978, with a correction to item #13031, the time for
the informal meeting on December 4, 1978 is 5:30 p.m., instead of
4:00 p.m., as stated in the minutes, and dispensed with the reading
of said minutes inasmuch as each Council @Aember had a copy.
ITE@4 #1'1043
An Ordinance upon Application of Earl B. Chappell, Jr.. for a Chanqe of
nln, District Classification from R-1 Residential Disfrict to R-3 Resi@-
70
denti, I District on certain property located at the Northeast corner of
H6rmitage Road and Wakefield Drive, running a distance of 127.18 feet along
the East side of Wakefield Drive, running a distance of 320.91 feet along
the Northern property line, running a distance of 239.25 feet along the
Eastern property line and running a distance of 235.29 feet along the North
side of Hermitage Road. Said parcel contains 1 acre more or I-ess. BAYSIDE
BOROUGH.
lir. Earl B. Chappell, Jr., appeared reqijesting deferral or withdrawal.
The following appeared in opposition:
.Mr. John Reed, President, Thoroughgood Civic League, presented petitions
Mr. Louis Serlman
Councilman Holland made a motion, seconded by Councilman Riggs, to permit
withdrawal of the petition of Earl B. Chappell, Jr., for a Change of Zoning
District Classification from R-1 Residential District to R-3 Residential
District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice @.layor J. lienry McCoy, Jr., Donald
W. Merriel@, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and @layor Patrick L. Standing
Nays: Councilman F. Reid Ervin
Absent: None
City Council voted to 1)erniit withdrawal of the above petition of Earl
B. Chappell, Jr., for a Change of Zoning District Classification.frorl
R-1 Residential District to R-3 Residential District on certain pro-
perty located at the Northeast corner of Hermitage Road and '@Vakefield
Drive, running a distance of 127.18 feet along the East side of Wakefield
Drive, running a distance of 320.91 feet along the Northern property line,
running a distance of 239.25 feet along the Eastern property line and
running a distance of 235.29 feet along the North side of Hermitage Road.
@9aid parcel contains 1 acre more or less. Bayside Borough.
TTEM @11044 (T-0)
ates for a Chanqe of
An Ordinance upon Application of Fentress Wood Associ strict to B-@COmmu-
n from R-8 Residential Di
nity-Business uistrict on certain property locateo on the West side of
Princess Anne Road beginning at a point 690 feet more or less Sou th of
Sunstream Parkway, running a distance of 504.5 feet along the West side of
Princess Anne Road, running a distance of 859 feet along the Southern
property line, running a distance of 500 feet along the Western property
line and running a distance of 847 feet along the Northern property line.
Said parcel contains 6.7 acres. PRINCESS ANNE BOROUGH.
i@'conjunction with the intended use of the land, the following conditions
will be met:
s required by the Site Plan-Ordinance.
1. Standard improvements a
City water and sewer.
An adequately sized on-sit@e drainage system 'draining to the
Salem Canal is required.
Access to out parcels A, B, and C will be through the adjacent
parking area and not from Princess Anne Road.
A 50 foot scenic easement is to be provided along Princess Anne
Road.
6. Temporary bypass and turn lanes will be required along Princess
Anne Road at the location of the temporary entrance road.
7. Entrance from Princess Anne Road is to be by way of one curb cut
at a location to be determined in conjunction with City Staff.
f,ir. Douglas Talbot, Talbot and Associates, represented the petitioner
After considerable discussion, Councilman Ferrell made a motion,
seconded by Councilman Payne, to defer until December 18, 1978,
the above petition of Fentress Wood Associates for a Change of
Zoning Ditri lass -2'tl on from R-8 Residential District to
ct C
....ty 1.@s
B-2 C -B.. s D,-.tr t. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Ciarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Ilerrieli, Councilwoman @leyera E.
Oberndorf, J. Curtis Payne, Roger L. Ri,.gs, and Mayor Patrick L.
Standing
Nays: None
Absent: ITone
City Council voted to defer until December 18, 1978, the above petition
of Fentress Wood Associates for a Change of Zoning District Classification
from R-8 Residential District to B-2 Community- rict on cer-
tain property located on the West side of Princess Anne Road beginning at
a point 690 feet more or less South of Sunstream Pari@way, running a dis-
tance of 504.5 feet along the West side of Princess Anne Road, running
a distance of 859 feet along the Southern property line, running a dis-
tance of 500 feet along the Western property line and running a distance
of 847 feet along the Northern property line. Said parcel contains 6.7
acres. Princess Anne and Kempsville Boroughs.
This matter was deferred to permit the applicant to confer with pro-
perty owners for the acquisition of land for left turn stacking lanes.
ITEM #13045 (I-11)
An Oidinance upon Application of Sunstream Park, Inc., for a Chanqe of
trict Classification from B-2 Community-Business District-to -@8
Residential District on certzin property located on the South side of
Sunstream Parkway beginning a@, a point 800 feet more or less West of
Princess Anne Road, running along the Southern boundary of Sunstream
Parkway in a Southwesterly direction a distance of 950 feet more or less,
running a distance of 139.46 feet in a Southerly direction, running a
distance of 310 feet in an Easterly direction, rurning a distance of 303.2
feet in a Northwesterly direction, running a dis.tance of 505 feet in an
Easterly direction, running a distance of 340 f@et in a Northwesterly
direction and running a distance of 190 feet in a Northerl'y direction.
Said parcel contains 6.7 acres. PRINCESS ANNE BOROUGH.
In conjunction with the intended use of the land, the following conditions
will be met:
1. Standard improvements as required by the Subdivision Ordinance.
2. City water and sewer.
Mr. Douglas Talbot, Talbot and Associates, represented the petitioner
After considerable discussion, Councilman Ferrell made a motion,
seconded by Councilman Pavne. to,defer until De,ember 18, 1978,
the above petition of -A s-for a Change of
Zoning District Classification from B-2 Community-Business I)istriet to
R-8 Residential District. Tlie reec)rded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @.I. Henley, Clarence A. Holland, Vice @-layor
J. Henry McCoy, Jr., Donald 1'7. Alerrick, Councilwoman @.leyera E.
Oberndorf, J. Curtis Payne, Roger L. Rig-,s, and DIayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to defer until December 18, 1978, the above petition
of Sunstream Park, Inc., for a Change of Zoning District Classification
from B-2 Community-Business District to R-8 Resid,nti,l District on cer-
tain property located on the South side of Sunstre,, Parkway beginning
at a point 800 feet nic)re or less West of Princess Anne Road, running
along the Southern boundary of Sunstreapi Parkivay in a Southwesterly
direction a distance of 950 feet more or less, running a distance of
139.46 feet in a Southerly direction, running a distance of 310 feet
in an Easterly direction, running a distance of 303.0- feet in a @lorth-
westerly direction, running a distance of 505 feet in an Easterly dir-
ection, running a distance of 340 feet in a ";orthwesterly direction and
running a distance of 190 feet in a Ilortherly direction. Said parcel
contains 6.7 acres. Princess Anne and Kempsville Boroughs.
The petition was deferred to permit the applicant to confer with pro-
perty owners for the acquisition of land for left turn stacking lanes.
ITEM
An,Ordin ance uponappl ication of BPOil , In,.-. , for a Condition a I UsePermit
for a gasoline service tation on certain property located a' the Southwes"
corner of Virginia Beach Boulevard and North Birdneck Road, running a
distance of 155.94 feet along the South side of Virginia Beach Boulevard,
running a distance of 160.80 feet along the Western property line, running
a ;distance of 155.99 feet along the Southern oroperty line, running a
distance of 154.56 feet along the West side of., North Birdneck Road and
running around a curve a distance of 32.03 feet. Said parcel contains .65
acre. LYNNHAVEN BOROUGH.
In conjunction with the intended use of the land, the following conditions
will be met:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Public restrooms a.-e to be provided.
4. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Autonlobile Service Stations.
5. Two curb cuts are to be allowed on both Virginia Beach Boulevard
and Birdneck Road, orovided each is a maximum of 24 feet in width
and marked appropriately for in-only and out-only traffic.-@--,
Mr. Grover C. Wright, Jr., Attorney, Y,(-)Y,es(,nted tl)e applicant
on motion by Councilman llerrick, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Geor.-e R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @4ayor Patrick L.
Standing
Nays: Tlone
Absent: None
City Council voted to adopt the following ordinance upon application
of B P Oil, Inc., for a Conditional Use Permit for a gasoline service
station:
ORDINANCE UPON APPLICATIO14 OF B P OIL, I,iC., FOR R01178222
A CONDITIONAL USE PER@41T FOR A gasoline service
station
BE IT ORDAINED BY THE COU@ICIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Ordinance upon Application of B P Oil, Inc., for a Conditional Use
Permit for a gasoline service station on certain Droperty located
at the Southwest corner of Virginia Beach Boulevard and North Birdneek
Road, running a distance of 155.94 feet along the South side of Virginia
Beach Boulevard, running a distance of 160.80 feet along the Western pro-
perty line, running a distance of 155.99 feet along the Southern property
line, running a distance of 154.56 feet along the West side of North
Birdneck Road and running around a curve a distance of 32.03 feet. Said
parcel contains .65 acre. Lynnhaven Borough
In conjunction with the intended use of the land, the following con-
ditions will be met:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Public restrooms are to be provided.
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 Virginia Beach
Boulevard and Birdneek Road, provided each is a maximum
of 24 feet in width and marked appropriately for in-only
and out-only traffic.
This ordinance shall be effective upon date of adoption.
Adopted by the Couiicil of the City of Virginia Beac-h, Virginia,
on the 27 day of November 1 1978.
ITEM #13047 (1-12)
nce upon Application of Dean S. Potter. Gordon B. Potter, and John
An Ordina ssification from R-4
Ra.Y Potter, for a located
Residential District a point 200 fe( South of
600 feet West of Fir, @@ more or less along the
Old Donation Parkway. 88.03 feet more or less
Northern property 1 nce of 182.50 feet along
along the Western pr of 1044.58 feet more or
the Southern pr er
op
less alonq the Eastel property lire. aid parcel contains 4 acres more or
less. LY@NHAVEN BOROUGH.
i I . -z
&lr. (irover U. wright, Jr., Attorney, represented the petitioner
The following appeared in opposition:
Mrs. Donna Bonney, First Colonial Civic League
Mr. Ray Schumann, Cheshire Civic League
Mr. A. W. Balko
Mr. H. G. Kolb, Jr.
Mr. William Drinkwater
After considerable discussion, Councilman Merrick made a motion,
seconded by Councilman Riggs, to refer the application of Dean
S. Potter, Gordon B. Potter, and John Ray Potter, for a Change
of Zoning District Classification from R-4 Residential District
to A-2 Apartment District back to the Pianning Commission for
rehearing. The recorded vote is as follows:
Ayes: Councilmen F. Reid Ervin, Councilwoman Barbara M. Ilenley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald IV.
Merrick, Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and
Mayor Patrick L. Standing
Nays: Councilmen John A. Baum, George R. Ferrell, and J. Curtis
Payne
Absent: None
City Council voted to refer back to the Planning Commission for re-
hearing the above application of Dean S. Potter, Gordon B. Potter,
and John Ray Potter, for a
from R-4 Residential Distri
property located 600 feet West of First Colonial Road beginning at
a point 200 feet South of Old Donation Parkway, running a distance
of 210 feet more or less along the Northern property line, running
a distance of 988.03 feet more or less along the Western property
line, running a distance of 182.50 feet along the Southern property
line and running a distance of 1044.58 feet more or less along the
E-astern property line. Said parcel contains 4 acres more or less.
Lynnhaven Borough.
ITEM #13048 (1-12)
/An Ordinance upon Application of Dean S. Potter, boroqn D. ruL.Lt2l-, CLIIU UUit@l
/Ray Potter, for a Chanqe of Zoninq District Classification from R-5
Residential District I on certain property located
rsection of Wildwood Drive and Old Great Neck Road,
at the Northeast inte
running a distance of 811.74 feet along the North side of Wildwood Drive,
running a distance of 1491.03 feet more or less along the Eastern property
line, running a distance of 70 feet more or less in a Westerly direction,
running a distance of 180 feet more or less in a Northerly direction,
running a distance of 120 feet more or less along the South side of Old
Donation Parkway and runnihg a distance of 1923 feet along the East side of
Old Great Neck Road. Said parcel contains 25.302 acres more or less.
IYNNHAVEN BOROUGH.
Mr. Grover C. IVright, Jr., Attorney, represented the petitioner
The following appeared in opposition:
Mrs. Donna Bonney, First Colonial Civic League
@Ar. Ray Schumann, Cheshire Civic League
Mr. A. W. Balko
lvlr. II. G. Kolb, Jr.
Mr. William Drinkwater
After considerable discussion, Councilman Merrick made a motion,
seconded by Councilman Riggs, to refer the application of Dean
S. Potter, Gordon B. Potter, and John Ray Potter, for a Chanl-e
of Zoning District Classification from R-5 Residential District
to A-2 Apartment District, back to the Planning Commission for
rehearing. The recorded vote is as follows:
Ayes: Councilmen F. Reid Ervin, Councilwoman Barbara @.I. Ilenley,
Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald V;.
Ilerrick, Councilwoman @leyera E. Oberndorf, Roger L. Riggs, and
Mayor Patrick L. Standin-.
Nays: Councilmen John A. Baum, George R. Ferrell, and J. Curtis
Payne
Absent: None
City Council voted to refer back to tlie Planning Commission for re-
hearing the above application of Dean S. Potter, Gordon B. Potter,
and John Ray Potter, for a Change of Zoning District Classification
from R-5 Residential District to A-2 Apartment District on certain
property located at the Northeast intersection of Wildwood Drive
and Old Great Neck Road, running a distance of 811.74 feet along
the '4orth side of Wildwood Drive, running a distance of 1491.03
feet more or less along the Eastern property line, running a distance
of 70 feet more or less in a Westerly direction, running a distance
of 180 feet more or less in a Northerly direction, running a distance
of 120 feet more or less along the South side of Old Donation Parkway
and running a distance of 1923 feet along the East side of Old Great
Neck Road. Said parcel contains 25.302 acres more or less. Lynnhaven
Borough.
ITE@i #13049 (1-13)
VICE 14AYOR MCCOY LEFT CHAMBERS
Mr. Richard D. Trodden appeared in favor of the proposed closure.
On motion by Councilman Holland, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Donald W.
Merrick, Councilwoman Mel7era E. Oberndorf, J. Curtis Payne, Roger
L. Rigp,,s, and Mayor Patr
ick L. Standing
Nays: None
Absent: Vice Mayor J. Henry McCoy, Jr.
City Council voted to approve the following ordinance closing, vacating
and discontin i
IN THE MATTER OF:
CLOSING, VACATING AND DISCONTINUING A
PORTION OF POTOMAC STREET, LOCATED IN
THE CITY OF VIRGINIA BEACH, VIRGINIA
ORDINANCE APPOINTING VIEWERS
WHEREAS, EPCO PEMBROKE ASSOCIATES, a limited partnership,
JOSEPH A. MONTAGNA and REGINA M. MONTAGNA, MISSOURI G. CRAIG,
and ANTHONY GALIATOS and IRENE GALIATOS, have given due and
proper notice, in accordance with the provisions of Section
15.1-364 of the Code of Virginia of 1950, as amended, that
they would on this day apply to the City Council of the City
of Virginia Beach, Virginia, for the appointment of viewers
to view the hereinafter described portion of Potomac Street
and to report in writing to the Council whether, in the
opinion of the viewers, any, and if so what, inconvenience
would result from closure, vacation and discontinuance of
same; and if the said viewers report that no inconvenience
would result therefrom, your petitioners pray that this
Honorable Council will adopt an ordinance directing the
vacating, closure and discontinuance of the following-
described portion of Potomac Street, to-wit:
ALL THAT certain portion of "POTOMAC STREET"
located in the City of Virginia Beach, Virginia,
and being more particularly bounded and described
according to that certain plat entitled "PLAT OF A
PORTION OF SUNNY BROOK (M.B. 5, P. 201) FOR EIGEN
PROPERTIES BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA", dated June, 1975, prepared by Marsh and
Basgier, Inc., Engineers-Surveyors-Planners,
Virginia Beach, Virginia, duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 110, at page
12, as follows, to-wit:
Beginning at a point at the intersection of the
southern right of way line of "POTOMAC STREET" and
the western right of way line of "SEVENTH STREET",
as shown on the aforesaid plat; thence running N.
07@12'00" E., a distance of 50 feet to the point
of intersection of the northern right of way line
of "POTOMAC STREET" and the western right of way
line of "SEVENTH STREET", as shown on the aforesaid
plat; thence turning and running N. 82'48'03" W.,
a distance of 325 feet to a point at the intersection
of the eastern line of lot 31, in Block 25 and the
northern right of way line of "POTOMAC STREET" as
On motion made by Mr. Holland I seconded by
Mr. Baum and by vote, the following
Ordinance was adopted:
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A
PORTION OF POTOMAC STREET, LOCATED IN BAYSIDE BOROUGH, CITY
OF VIRGINIA BEACH, VIRGINIA.
WHEREAS, it is the judgment of the Council that a certain
portion of said Potomac Street should be closed, vacated and
discontinued.
NOW, THEREFORE, BE IT ORDAINED, BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section I: That that portion of the said street known
as Potomac Street and located in the City of Virginia Beach,
Virginia, as hereinafter described, is hereby closed, vacated
and discontinued as a public street in the City of Virginia
Beach, Virginia, said portion of said street not being needed
for public use or travel:
ALL THAT certain portion of "POTOMAC STREET"
located in the City of Virginia Beach, Virginia,
and being more particularly bounded and described
according to that certain plat entitled "PLAT OF A
PORTION OF SUNNY BROOK (M.B. 5, P. 201) FOR EIGEN
PROPERTIES BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA", dated June, 1975, prepared by Marsh and
Basgier, Inc., Engineers-Surveyors-Planners,
Virginia Beach, Virginia, duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 110, at page
12, as follows, to-wit:
Beginning at a point at the intersection of the
southern right of way line of "POTOMAC STREET" and
the western right of way line of "SEVENTH STREET",
as shown on th6 aforesaid plat; thence running N.
07*12'00" E., a distance of 50 feet to the point
of intersection of the northern right of way line
of "POTOMAC STREET" and the western right of way
line of "SEVENTH STREET", as shown on the aforesaid
plat; thence turning and running N. 82'48'03" W.,
a distance of 325 feet to a point at the intersection
of the eastern line of lot 31, in Block 25 and the
northern right of way line of "POTOMAC STREET" as
2
shown on the aforesaid plat; thence turning and
running S. 07@12'00" W., a distance of 50 feet to
a point at the intersection of the eastern line of
lot 9, in Block 34 and the southern right of way
line of "POTOMAC STREET", as shown on the aforesaid
plat; thence turning and running S. 82@48'03" E. a
distance of 325.00 feet to a point, the point of
beginning.
Section II: That this ordinance shall be in effect
from and after thirty (30) days from the date of its adoption.
It shall be recorded in the Office of the Clerk of the circuit Court ad deeds
of land are recorded at the expense of the Petitioner.
Adopted by the council of the City of virginia Beach on the 27
day of November 1978,
Approval subject to the following stipulation:
1. Vacation of the adjoining lot lines
by plat recordation
IN THE MATTER OF:
i
CLOSING, VACATING AND DISCONTINUING A
PORTION OF POTOMAC STREET, LOCATED IN
THE CITY OF VIRGINIA BEACH, VIRGINIA
PETITION
PURSUANT TO Section 15.1-364 of the Code of Virginia of
1950, as amended, the undersigned Petitioners, EPCO PEMBROKE
ASSOCIATES, a limited partnership, JOSEPH A. MONTAGNA and
REGINA M. MONTAGNA, MISSOURI G. CRAIG, and ANTHONY GALIATOS
and IRENE GALIATOS, respectfully pray that this Honorable
Council will adopt the following ordinance, a copy of which
is attached hereto, directing the vacation, closure and
discontinuance of the following-described portion of Potomac
Street, to-wit:
ALL THAT certain portion of "POTOMAC STREET"
located in the City of Virginia Beach, Virginia,
and being more particularly bounded and described
according to that certain plat entitled "PLAT OF A
PORTION OF SUNNY BROOK (M.B. 5, P. 201) FOR EIGEN
PROPERTIES BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA", dated June, 1975, prepared by Marsh and
Basgier, Inc., Engineers-Surveyors-Planners,
Virginia Beach, Virginia, duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 110, at page
12, as follows, to-wit:
Beginning at a point at the intersection of the
southern right of way line of "POTOMAC STREET" and
the western right of way line of "SEVENTH STREET",
as shown on the aforesaid plat; thence running N.
07@12'00" E., a distance of 50 feet to the point
of intersection of the northern right of way line
of "POTOMAC STREET" and the western right of way
line of "SEVENTH STREET", as shown on the aforesaid
plat; thence turning and running N. 82'48'03" W.,
a distance of 325 feet to a point at the intersection
of the eastern line of lot 31, in Block 25 and the
northern right of way line or- "POTOMAC STREET" as
shown on the aforesaid plat; thence turning and
running S. 07@12'00" W., a distance of 50 feet to
a point at the intersection of the eastern line of
lot 9, in Block 34 and the southern right of way
line of "POTOMAC STREET", as shown on the aforesaid
plat; thence turning and running S. 82@48'03" E. a
distance of 325.00 feet to a point, the point of
beginning.
Petitioners respectfully represent the following:
2
1. That the Petitioners, collectively, are the owners
of a fee simple estate in all the property abutting the
above-described portion of Potomac Street.
2. That the Notice of the proposed closing of the
above-described portion of Potomac Street, required by
Section 15.1-364 of the Code of Virginia of 1950, as amended,
has been given by posting a copy of same at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia,
and at two other public places in the said City.
3. That Petitioners believe no inconvenience would
result from the closing, vacation and discontinuance of the
above-described portion of Potomac Street,
Respectfully submitted,
EPCO PEMBROKE ASSOCI@T@
By
Rbgiio M. Mofitagna-
Mis'souri G. Craig
Anthony Galiatos
@@e e Galiatos
Robert E. Farmer, III
KAUFMAN AND OBERNDORFER
2030 Virginia National Bank Building
Norfolk, Virginia 23510
-2-
2. That thirty (30) days after this date a copy of this Ordinance,
certified by the Clerk, be spread upon the public records in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in like manner as a deed to lands, at the expense of the petitioner.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 27 day of Noveriber, 1978.
Ai),,)rov,,tl is subject to Lhe followint, condition:
1. Dedication of the necessary private
utility (@asements for the Vep(,o facilities
located within the area pro,,)osed for closure.
2
shown on the aforesaid plat; thence turning and
running S. 07@12'00" W., a distance of 50 feet to
a point at the intersection of the 6astern line of
lot 9, in Block 34 and the southern right of way
line of "POTOMAC STREET", as shown on the aforesaid
plat; thence turning and running S. 82@48'03" E. a
distance of 325.00 feet to a point, the point of
beginning.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA THAT C. Oral Lambert
George E. Tinnes -d Robert J. Scott I are
hereby appointed to view the above-described portion of Potomac
Street, and to report in writing to the Council on or before
1 1978, whether, in their opinion any, and
if so what, inconvenience would result from the closure, vacation
and discontinuance of said portion of Potomac Street.
ADOPTED by the Council of the City of Virginia Beach,
Virginia, on November 27, 1 1978.
ITEM #13050 (1-14)
VICE @,IAYOR MCCOY RETURNED -@O CHAMBERS
Mr. Allen Gordon, Attorney, represented the petitioner
On motion by Councilman Ri.-gs, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara NI. Henley, Cl,arence A. Holland, Vice @.layor
J. Henry @IcCoy, Jr., Donald W. @,lerrick, Councilwoman ?Aeyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @layor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance closing, vacating
and discontinuing a portion of 20th Street, Plat of Cypress Terrace,
Virginia Beach Borough, Virginia Beach, Virginia. Approval is subject
to the following condition:
1. Dedication of the necessary private
utility easements for the Vepco facilities
located within the area proposed for closure.
IN THE MATTER OF: CLOSING, VACATING
AND DISCONTINUING PORTION OF 20TH
STREET, PLAT OF CYPRESS TERRACE, PETITION
VIRGINIA BEACH BOROUGH, VIRGINIA
BEACH, VIRGINIA
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA
BEACH
Your petitioners, Cypress Properties, Ltd., respectfully represents
as follows:
1. That pursuant to the provisions of Section 15.1-364 of the
Code of Virginia, 1950, as amended, the said petitioners apply for the
vacating, closing and discontinuing of that certain portion of a street
situate in the City of Virginia Beach, Virginia, and being more particularly
described as follows:
That certain portion of 20th Street in Virginia Beach Borough,
Virginia Beach, Virginia, which is bounded and described as
follows:
Beginning at a point where the western line of Cypress Road
intersects the northern line of 20th Street (as shown on
plat of Cypress Terrace, duly recorded in Map Book 20, Page
26, Clerk's Office of the Circuit Court of the City of
Virginia Beach), thence, from the point of beginning along
the northern side of 20th Street S650 08'W, a distance of
126.63' to a point on the northern side of 20th Street;
thence, S260 20'E 40' to the southern side of 20th Street;
thence, along the south side of 20th Street N650 08'E 123.63'
along the southern side of 20th Street to the western right
of way of Cypress Road; thence, along the western right of
way of Cypress Road N26 0 20'W 40' to the point of beginning.
2. That no inconvenience will result to any person by reason of
said closing, vacating and discontinuance of said street and Petitioners
pray that this Honorable Council appoint viewers as provided by the aforesaid
statiite to view this portion of said street proposed to be closed, and report
in writing to the Planning Commission of the City of Virginia Beach, Virginia,
on or before the day of 1978, and subsequently to this Council,
whether in the opinion of said viewers any, and if any, what inconvenience
would result in the discontinuance of said street heretofore described.
-2-
3. That on the 16 -day of 1978, Notices of the
Presenting bf the Application were posted at the Court House at the
Circuit Court of the City of Virginia Beach, Virginia, and in two public
places, as evidenced by the affidavit of Allen J. Gordon, Counsel for the
Petitioners, attached hereto, and that the landowners along and adjacent to
said street desire and request said street to be closed, inasmuch as the
petitioners herein are the abutting owners of all of said property.
CYPRESS PROPERTIES, LTD.
By 11
Al eLn VGordon
-oun e r Petitioners
s
ORDINANCE APPOINTING VIEWERS
WHEREAS, CYPRESS PROPERTIES, LTD., has given due and proper notice,
in accord with the statutes with such cases made and provided, that they
would, on this day, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of viewers to view the below-described
property, and report in writing to the Council whether, in the opinion of
said viewers, any, and if any, what inconvenience would result fr.m th,
discontinuing of hereinafter described portion of 20th Street in the
Virginia Beach Borough, City of Virginia Beach, Virginia, and have filed
such application with said Council; and
NOW, THEREFORE, BE IT ORD@INED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
THAT, C. and
are hereby appointed to view the below-des,ribed
property, and report in writing to the Planning Commission of the City
of Virginia Beach, Virginia, on or before the I @ day of) z , 1978,
and subsequently to the Council whether in their opinion any, and if any,
what inconvenience would result from the discontinuing, closing and
vacating of that certain portion of 20th Street located in the Virginia
Beach Borough, City of Virginia Beach, Virginia, and described as follows:
That certain portion of 20th Street in Virginia Beach Borough,
Virginia Beach, Virginia, which is bounded and described as
follows:
Beginning at a point where the western line of Cypress Road
intersects the northern line of 20tb Street (as shown on
plat of Cypress Terrace, duly recorded in Map Book 20, Page
26, Clerk's Office of the Circuit Court of the City of Virginia
Beach), thence, from the point of beginning along the northern
side of 20th Street S650 08'W, a distance of 126.63' to a point
on the northern side of 20th Street; thence, 5260 20'E 40' to
the southern side of 20th Street; thence, along the south side
of 20th Street N650 08'E 123.63' along the southern side of 20th
Street to the western rigbt of way of Cypress Road; thence,
along the western right of way of Cypress Road N260 20'W 40'
to the point of beginning.
-2-
AND it is our opinion that no inconvenience to the public would
result in discontinuing, closing and vacating the above-described street
area.
DATE:
Adopted by the Council of the City of Virginia Beach, Virginia, on
the ?7 day ofil v(@-mber, 1978.
ITEM #13051 (I-15)
Mr. Donald C. Gray, represented the applicant, and requested the matter
be deferred for further study.
The following appeared in opposition:
Mr. Albin Meshin
Mr. Robert Smith
Mrs. Janet laeads
Councilman Baum made a motion, seconded by Councilwoman Oberndorf, to
deny tlae request of Seawall Enterprises, Inc., for the closure of a
portion of Garrison Avenue in the Bayside Borough.
Councilman Holland offered a substitute motion requesting that the
Planning Commission study all of the access streets in Chesapeake
Beach area; to make their recommendations to Council within ninety
(90) days; and further to recommend the method of getting to the
beach.
There being no second the substitute motion lost.
The recorded vote on the main motion is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara Al. Henley, Clarence A. Holland, Vice Mayor
J. @lenry @IcCoy, Jr., Donald W. Ilerricl@, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to deny the following ordinance closing, vacating
and discontinuing a portioti of that certain street of variable width
known as Garrison Avenue:
IN THE I-IAT'P'@, I', OF CLO'T@4-G, VAC@@T114G AND
DISCONTINUII'G A PORTION OF Tllt@@T CERTAIN
STI@T OF VilRIABLE WIDTH, XNOI@N AS CARRISON AVENUE
WHEREAS, it appearing by affidavit that proper notice
has been given by Seawall Enter- that it would make application
prises ^ Inc
to the Council of :Ehe Cit'Y of virginia Beach, Virginia, on
the- day of 1978, to have
the hereinafter described street di@continued, closed, and
vacated; and
WHEREAS, it is tlie )udgment of the Council that said street
be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Vitginia, that the hereinafter described property street
be discontinued, closed, and vacated;
Garrison Pvenue i,7hich is bounded on the North
by Bayside Avenue and on the South. by Lauderdale
Avenue, and which is intersected by Ocean View Avenue.
That part of Garrison Avenue which is bounded on
the North by Bayside Aveiiue and on the South by Ocean
View Avenue is Yaore particularly described as follows:
BEGINNING at a point on tli(-@ Northern right of way
of said street which point is located at the intersec-
tion of the Northeastern corner of Garrison Avenue
and the southeastern corner of Bayside Avenue and
from tliat point of becjinniiag rkinniiig along the eastern
most boundary of Garri,@'on Avenue South 10' 261 03"
East, a distance of 254.3-1' to a point, which point
is at the intersection of the Southeastern corner
of Garrison Aveniie and the Northeastern corner of
Ocean Vic@v Avenue; theiice runiiing North 88' 39' 21"
West, a distance of 5',-.21' to a 1)oi.nt; thence. running
along tho Western most boundary of Garrison Avenue
North 1.0@ 191 00" @qest, a d-i-@;tai)ce of 254.111 to
a poiiit, which point is at tlle i-ntersection of the
Nortli%,7c--tcrl,- corner of Girrisoi, Avenue and the sout'l@-jertc--ii
corner of Bayside Avenue; thence running South 881
32' 11" East, a distance of 50.701 to the point of
beginning.
Tli,it T-,,irt c)f ).)oi,irid(@(i C)n tl),
dal(-@. Avciiuc@ is iriore pirticlilarly described as foll.o@..,s:
BEGITiNING at a point at t)ie iiiters-@i@ion of tlie North-
easterii corner of this section of Garrison Avenue
and tlie Soutlicastern corner of Oc@in Vi-e@-i A,.,enue
and from tti,-it point. of
eastern iiiost bou-lclzi).-Y of G-,.rrison A@,cnilc South 10-
33' 23" East, a disti,ice of 149.981 to a poirit wiiich
point is at the intersectioii of the southeastern
corner of Garrison Avenue and the Northeasterii corner
of Laudordale Avenue; thence running North 88@ 171
08" West a distance of 50.34' to a point; thence
running along the western iao@t boundary of Garrison
Avenue North 10' 111 49" lqcst, a d'@stance of 149.83'
to a point wliich 1-)oint is at the intersection of
the Northivestern corner of Garrison Avenue and the
Southwestern corner of ocean View Avenue; thence
South 88' 131 08" East, a distance of 49.391 to the
point of beginning.
All the above, as shown on a c@rtain plat entitled "Plat
showing Garrison Avenue situated betiveen Blocks 5 & 6 and Blocks
15 & 16 Chesapeake Park to be v4cated, discontinued, and closed
Bayside Borough --Virginia Beacb, Virginia, for Seawall Enterpri-
ses, Inc., Scale: 1" =,501, Auqust 25, 1978.11
SECTION II
This ordinance shall be effective 30 days after adoption and shall
be recorded in the Clerk of the Cir-cuit Court's Office as deed of land are
recorded at the expense of the Petitioner.
Adopted by the Council on,the day of
1978.
Denied by Council on.,@ov6mber 27, 1.978
ITEM #13052 (1-15)
Mr. Donald C. Gray, represented the applicant, and requested the matter
deferred for further study.
The following appeared in opposition:
@.1r. Albin Meshin
Mr. Robert Smith
llrs. Janet Aleads
Councilman Baum made a motion, seconded by Councilwoman Oberndorf, to
deny the request of Seawall Enterprises, Inc., for the closure of a
portion of Fentress Avenue; and further to deny the granting of an
encroachment for the construction of a bulkhead.
Councilman Holland offered a substitute motion requesting that the
Planning Commission study all of the access streets in the Chesapeake
Beach area; to make their recormnendations to Council within ninety
(90) days; and further to recommend the method of getting to the
beach.
There being no second, the substitute motion lost.
The recorded vote on the main motion i@ as follows:
Ayes: Councilmen John A. Baum, F. Rei Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Claren@e A. Ilolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick@ Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. R@ggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to deny the followi g ordinance closing, vacating
and discontinuing a portion of that ce tain street of variable width,
known as Fentress Avenue; and further oted to deny the granting of
an encroachment for the construction o a bulkhead:
ORDINAI@'CE NO.
IN THE MATTER OF CLOSING, VACA'IING AND
DISCONTINUI@ZG A PORTIO!4 OF TIIA'L CERTAIN
STREET OF VARIABLE WIDTH, KNOII@ AS FENTRESS AVEN'UE
WFERF-AS, it appearing by affidavit that proper notice
has been given by SeawallA. Inc., that it would make application
Enterprises,
to the Council of the City of @'irginia Beach, Virginia, or,
the day of 1978, to have the
hereinafter described street d.scontinued, closed, and vacated;
and
WHEREAS, it is the judgme t of the Council that said street
be discontinued, closed, and v cated;
NOW, THEREFORE,
SE(,'TION I
BE IT ORDAINED by the Couiicil of the City of Virgirkia
Beach, Virginia, that the here@Lnafter described property street
be discontinucd, closed, and v@icated;
Fentress Avenue begiiining at a point at the
intersection of the soiatht@astern corner of Bayside
Avenue and the northeaste::n corner of Fentress Avenu6;
and from that point of be,jiiining runtling along the
eastern most bounda.ry of ]7entress Avenue South 101
161 10" East a distance oE 254.111 to a point, which
point is at the intersectlon of the Southeastern
coriier of Pentress Avenue and the Northeastern corner
of Occan View Avenue; theice South 89@ 15' 37" West
a distance of 49.531 to a point; thence running
along the %,jE-,stern niost boiiidary of Fentress Av-cnue
North 10' 26' 03" West a 2istance of 254.11' to
a point wh4-ch point is at tlie intersection of the
Northwestern corner of Featress Avenue and the south-
western corner o" Dayside Avenue; thence running
North 89' 071 17" East, a distance of 50.251 tc,
the point of beginning.
All the above as sho@.In updn that certain plat entitled,
"Plat showing portion of Fentr@ss Avenue situated between Blocks
6 & 7, Chesapeake Par), to be vacated, discontinued and closed,
Bayside Borough --Virginia Boa Ii, virginia, for Seawall Enter-
prises, ii-,c. scale: A gust 24, 1978.,,
SECTION 11
That thirty (30) days after this date a copy of this Ordinance,
certified by ttic Clerk, be sprc.,id tipc)v th@- pul)lic records l.n thL, Clc-,rk's
Office of til(@- Circiiit Cotirt of tl,c CJ,ty of Virgiiiia Bcacli, Virgini;t, aiid
I - zi!; @i t@o ;it ttic@ of tll@@
iii(l(,xc,d iti lll:c,
Deniedl)y tli@ @i@, of Vi)i,i@,@,
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH
KNOWN AS SOUTH SPIGEL DRIVE, AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "PROPOSED STREET CLOSURE
PLAN OF PORTION OF SOUTH SPIGEL DRIVE - LYNNHAVEN
BOROUGH - VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS
ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioners, Carl M. Albero and Carole A. Albero, respectfully
represent as follows:
1. That pursuant to the provisions of Section 15.1-363 of the
1950 Code of Virginia, as amended, the petitioner applies for the vacating,
closing, and discontinuance of a oortion of that certain street, which is
more specifically described as follows:
From the point where the dividing line between Lot 10
and Lot 11, Section 7, Trant-Berkshire (Map Book 126
at page 15) intersects with the easterly side of South
Spigel Drive, proceed S 00 54' O" E 24.12 feet to the
point of beginning. From t@e point of beginning pro-
ceed S 00 54' O" E 117.37 fE@t to a point; thence S 880
19' 40" W 60.01 feet to a PC int; thence N 00 54' O" W
80.64 feet to a point; thenc N 570 04' 05" E 70.78
feet to the point of beginni g.
@n
Said parcel of land being a portion of South Spigel Drive, as
indicated on that certain plat entitled, "Proposed Street Closure Plan of
Portion of South Spigel Drive, Lynnhaven Borough - Virginia Beach, Virginia,"
which plat is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing th@ aforedescribed street.
2. That no inconvenience will result to any persons by reason of
said closing, vacation, and discontinuance of said street; and the petitioner
prays that this Honorable Council appoint viewers as provided by law to view
said platted street proposed to be clo3ed and to report in writing to the
Council on or before the day of , 1978, as to whether
in the opinion of said Viewers, what iiconvenience, if any, would result from
the discontinuance and closing of this portion of said street, as herein
reported and described.
V Alf,@ Et@,id,@, J,,
A..@ P@C@
3 That on the day of 1978, Notice of the
presenting of this Application was posted at the Courthouse of the Circuit
Court of the City of Virginia Beach, @irginia, on the premises to be closed,
and at the City Hall Annex, 19th StreEt and Artic Avenue, Virginia Beach,
Virginia, as evidenced by the Affidavit attached ht!reto, and a copy of said
Notice.
4. That the Petitioners are the fee simple owners of all land
along and adjacent to the said portior of the platted street to be closed
and consequently, your Petitioners are the only landowner's affected by the
same.
Respectfully submitted,
CARL M. ALBERO
CAROLE P
Of Ccfurfsel
V. Alfred Etheridge, Jr.
129 South Lynnhaven Road
11 Virginia Beach, Virginia 23452
ITEM #13r53 (I-16)
I
Mr. V. A. Etheridge, Jr., Attorney, relresented the applicant
On motion by Councilman llerrick, seconced by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Rei4 Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Claren4e A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. @.lerrick, Councilwonian Meyera E.
6berndorf, J. Curtis Payne, Roger L. R ggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the foll wing ordinance closing, vacating
and discontinuing a portion of that ce tain street of variable width
known as South Spigel Drive, located i the Lynnhaven Borough of the
City of Virginia Beach, Virginia:
An-" P,e. '-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Carl M. Albero and Carole A. Albero have given due and
proper notice, in accordance with the statutes for such cases made and
provided that they will of the 25th day of September, 1978, apply to the
City Council of the City of Virginia Beach, Virginia, for the appointment of
Viewers to view the below-described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the hereinafter des-
cribed portion of that certain street of variable width, and has filed such
application with said council.
NOW THEREFORE, be it ORDAIN D by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lamberl
George E. Tinnes and Robert J. Scott
are hereby appointed to view the
below described property and report in writing to the Council on or before
1978, whether in their opinion, any, and if any, wha t
inconvenience would result in the discontinuing and vacating of a portion
of that certain street of variable width located in the City of Virginia
Beach, Virginia, and more particularly described as follows:
From the point where the dividing line between Lot 10
and Lot 11, Section 7, Trant-Berkshire (Map Book 126
at page 15) intersects wi@h the easterly side of South
Spigel Drive, proceed S 0 54' O" E 24.12 feet to the
point of beginning. From the point of begi'nni'ng pro-
ceed S 00 54' O" E 117.37 feet to a point; thence S 880
19' 40" W 60.01 feet to a point; thence N 00 54- 0 W
80.64 feet to a point; thence N 570 04' 05" E 70.78
feet to the point of beginning.
All the above as shown upon that certain plat entitled "Proposed
Street Closure Plan of Portion of South Spigel Drive, Lynnhaven Borough
Virginia Beach, Virginia", which plat is attached hereto and made a part hereofi
and intended to be recorded with the Crdinance closing the aforedescribed
street.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27 day of iovember 1978
V Alf,@d Eth@,id,@, J,
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH
KNO14N AS SOUTH SPIGEL DRIVE, LOCATED IN THE LYNNHAVEN
BOROUGH OF THE CITY OF VIRGI@IIA BEACH, VIRGINIA, AS
SHOWN ON THE CERTAIN PLAT ENTITLED, '@PROPOSED STREET
CLOSURE PLAN OF PORTION OF SOUTH SPIGEL DRIVE, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS
RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK
AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has been
given by Carl ti. Albero and Carole A. Albero that they would make application
to the Council of the City of Virgini Beach, Virginia, on
1978, to have the hereinafter describ d street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that s4id street be
discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed, and
vacated:
From the point where the dividing line between Lot 10
and Lot 11, Section 7, Trant-Berkshire (Map Book 126,
at page 15) intersects with the easterly side of South
Spigel Drive, proceed S 00 54' O" E 24.12 feet to the
point of beginning. From the point of beginnl*ng pro-
ceed S 00 54' O" E 117.37 feet to a point; @hence S 880
e 0
19' 40" W 60.01 feet to a point; th nce N 54' O" W
80.64 feet to a point; thence N 570 04' 05" E 70.78
feet to the point of beginnina.
All the above as shown upon that certain plat entitled "Proposed
Street Closure Plan of Portion of South Spigel Drive, Lynnhaven Borough
ii Virginia Beach, Virginia", which olat is attached hereto and made a part here-
of and intended to be recorded with the Ordinance closing the aforedescribed
street.
SECTION II
This ordinance shall be effective 30 days after adoption and shall be
recorded in the Clerk of the Circuit Court's Office as deed of land are recordel
V Alf,@d E,h@,id,@, 1,
Att.,@@y P C
at the expense of the petitioner.
ITEM #13C54 (I-17)
Mr. V. A. Etheridge, Jr., Attorney, re@resented the applicant
On motion by Councilman Merrick, seconced by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reic Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and '@layor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to defer for six weeks the following ordinance
closing, vacating and discontinuing a Fortion of that certain street
of variable width known as Poplar Strect, located in the Lynnhaven
Borough:
ORDINANCE NO.
IN TIIE @IATTER OF CLOSI,@4G, VACPTINL-1, A@"D DISCO!@TIt,'Utl@!G
A PORI'ION OF 'FHAT CERTAlti STREET OF VARIABLE @,' !IDTH
KNO14N AS POPLAR STREET, LOCATED IN TIIE LYNR@HAVEN
BOROUGH OF THE CITY OF VIRGlt4lA BEACII, VIRGINIA, AS
SH014N ON THE CERTAIN PLAT EL@TITLED, "PLAT SHOWI14G A
POR'RION OF POPLAR STREET TO BE CLOSED ARID VACATED
BY THE CITY OF VIRGINIA BEACH, VIRGI@IIA", 14HICH PLAT
IS RECORDED Itq THE CLERK'S OFFICE OF TliE CIRCUIT
COURT OF THE CITY OF VIRGINIA BEACII, VIRGINIA, IN
14AP BOOK AT PAGE
WHEREAS, it appearing by afficavit that proper notice has been
given by E. Gilbet,t Keene, that it woulc make application to the Council of
the City of Virginia Beach, Virginia, or 1978, to
liave the hereinafter described street discontinued, closed, and vacated; and
W@iEREAS, it is the judgment of the Council that said street be
(liscoiitinued, closed, and vacated;
NOW THEREFORE,
SECTIOII I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virgiiiia, that tlie hereinafter describe( street be discoiitinued, closed, and
vacated:
Poplar Street. From the point where the existing southerly
side of Bonney Road inteisects with the existing @@esterly
side of Poplar Street, proceec S20 22' 41" E 5 feet, more
or less, to the point of begirning. F@,om the point of
beginning proceed tl 890 37' l@" E 66.04 feet to a point;
thence: S20 22' 41" E 535.51@ ieet to a point; thence;
along a curve to the riglit 74 34 feet to a point %qllere
the existitig @qesterly side of Poplar Sti,eet intersects
with tite nortliei-ly side of thE Virqinia Beach-Norfolk
Toll Road (Ro(ite 44); thence; N20 @2' 41" W 390.01 feet
to the point of becinning.
All the above as slio@qn upon tt at certain plat entitled "Plat -,how-
ing A Portion of Poplar Street to be Clcsed and Vacated by the City of
Virginia Beacli, Virginii - Lynn@i,.v(,.ii Borotigh - Virginia Be@icli, Vii@ninia",
i,ihich plat is attached hereto and ma(le i pai,t hereof aiid intended to be
recorded %qith the Ordinance closing tlie aforcdescribed street.
SECTION 11
Tliis or(linince sti;ill I)c@ off(@ctlvc, 30 dziy@; after idol)tioii and slizi'.Ll- I
rcc,oi,lc,(l iii tlie C;Ier l@ o[ Llic@ (.'Ircilic Offi(@c I
(Ic@ed o' laiitl "'Tr@
Llic I'( I I 1 1
ITEM #13055 (I-18)
COUNCILMAN HOLLAND LEFT CHAIIBERS
On motion by Councilman Ervin, secondet by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Rei( Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Vice Myor J. flenry McCoy, Jr.,
Donald W. @lerrick, Cc)uncilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patri(k L. Standing
Nays: None
Absent: Councilman Clarence A. Hollan,l
City Council voted to approve on seconi reading the follo@ving ordinance
to enter into a contract totaling $2,1@2 with the Southeastern Virginia
Planning District Commission and to apdropriate these funds:
AN ORDINANCE TO ENTE@. INTO A
CONTRACT (TOTALLING 412,122) WITH
THE SOUTHEASTER.N VIRCINIA PLANNING
DISTRICT COMTSSION IND To APPROPRIATE
THESE FUNDS
WHEREAS, the Department of Planning desires to hire a graduate
student as a part-time intern, and
WHEREAS, the Southeastern Virginia Planning District Commission
(SVPDC) has agreed to reimburse the City f()r hiring such an intern with funds
received from the Department of Housing an(i Urban Development.
NOW, THEREFORE, BE IT ORDAINED B" 7HE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINTA:
That the City Manager is hereby uthorized to enter into a contract
with the SVPDC, and funds are hereby appro])riated for the following purpose:
Estimated Reveliue Total
From Other Agen@,ies Appropriations
Planning Intern $2 l@2@ $2 l@Z
Z
BE IT FURTHER ORDAINED that the ap opriations will be financed by
$2,122 estimated revenue from the SVPDC, th a local in-kind match of $1,061,
provided in the form of staff supervision.
FIRST READING: November 20, 1978
SECOND READING: November 27, 1978
Adopted bv the Council of the City f Virginia Beach on the 27
day of November _, 1978.
ITEM #13056 (1-19)
COUNCIL@AAN BAUM LEFT CIIAD4BERS
COUNCIL@IAN HOLLAND RETURNED TO CHAMBERS
On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, and
by recorded vote as follows:
Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ifenry @IcCoy,
Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patriok L. Standing
Nays: iione
Absent: Councilman John A. Baum
City Council voted to approve on secon4 reading the following ordinance
to accep@ t@6,@A rom 1A j
and to approt)riate these funds:
AN ORDINANCE TO ACCEPT $130,000
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORITY, AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the Virginia Beach City Council, on February 7, 1977,
approved an initial award totalling $290,000 from the Southeastern Tidewater
Area Manpower Authority (STAMA) for the purpose of establishing an employ-
ment program under Title VI of the Comprehensive Employment and Training
Act of 1973 (CETA), and
WHEREAS, the City Council, on March 14, 1977, approved $46,606 in
additional funding, and
WHEREAS, the City Council, on June 20, 1977, approved $104,037 in
additional funding, and
WHEREAS, the City Council, on September 19, 1977, approved
$2,182,929 in additional funding, of which $440,911 allocated for Non-City
Hall Projects required no appropriations, and
WHEREAS, the City Council, on October 2, 1978, approved
$ 173,722 in additional funding,of which $ 38,744 allocated for Non-City
Hall Projects required no appropriations, and
WHEREAS, STAMA has approved $130,000 in additional funding, which
the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That additional funding from STAMA be accepted and appropriated
for the following purposes
Estimated Revenue Total
From Other Agencies Appropriations
ITEM #13056 (I-19)
COUNCILMAN BAUM LEFT CIIA14BERS
COUNCILMAN HOLLAND RETURNED TO CHAMBERS
On motion by Councilman Ferrell, seconded by Vice Mayor McCoy, and
by recorded vote as follows:
Ayes: Councilmen F. Reid Ervin, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. ilenry McCoy,
Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Alayor Patrick L. Standing
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve on second reading the following ordinance
to 9,0-o-op@ ;rom fhA S6ithPqPtorP TtqeW@t@r irca
and to approdriate these funds:
AN ORDINANCE TO ACCEPT $130,000
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORI@TY, AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the Virginia Beach City Council, on February 7, 1977,
approved an initial award totalling $290,000 from the Southeastern Tidewater
Area Manpower Authority (STAMA) for the purpose of establishing an employ-
ment program under Title VT of the Comprehensive Employment and Training
Act of 1973 (CETA), and
WHEREAS, the City Council, on March 14, 1977, approved $46,606 in
additional funding, and
WHEREAS, the City Council, on June 20, 1977, approved $104,037 in
additional funding, and
WHEREAS, the City Council, on September 19, 1977, approved
$2,182,929 in additional funding, of which $440,911 allocated for Non-City
Hall Projects required no appropriations, and
WHEREAS, the City Council, on October 2, 1978, approved
$ 173,722 in additional funding,of which $ 38,744 allocated for Non-City
Hall Projects required no appropriations, and
WHEREAS, STAMA has approved $130,000 in additional funding, which
the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That additional funding from STAMA be accepted and appropriated
for the following purposes
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title VI Employment $130_000 $130_000
BE IT FURTHER ORDAINED that the appropriations will be financed
2
be paid from the grant, with classes of employees to be determined by the
City Manager.
FIRST READING: -November 20, 1978
SECOND READING: -November 27, 1978
Adopted by the Council of the City of Virginia Beach on the 27
day Of November 1978.
ITEM #13057 (I-20)
On motion by Vice Mayor McCoy, seconded by Councilivoman Oberndorf, and
by recorded vote as follows:
Ayes: councilmen F. Reid Ervin, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Councilwoman Ideyera E. Oberndorf, J. Curtis Payne, Roger L. Ri@-gs
and mayor Patrick L. Standing
Nays: '@one
Absent: Councilman John A. Baum
City Council voted to approve on second reading the following ordinance
to accept $25,702 from the Southeastern Tidewater Area Manpower Authority
and to appropriate these funds:
AN ORDINANCE TO ACCEPT $25,702
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORITY AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City Council, on November 13, 1978 (first reading)
approved $11,798 in initial funding for the City's current Title I Employment
Program under the Comprehensive Employment and Training Act of 1973 (CETA),
and
WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA)
has now approved $25,702 in additional funding, which the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant for
the City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title I $25_702 $2_5 @02
BE IT FURTHER ORDAINED that the appropriations will be financed
100% by federal funds from STAMA, and
BE IT FURTHER ORDAINED that a total of twenty-six personnel positions
is hereby authorized for the duration of the grant, to be paid from the grant,
with classes of employees to be determined by the City Manager.
FIRST READING: Novpmh(-r 20 . 1978
SECOND READING: Novernber 27, 1978
Adopted by the Council of the City of Virginia Beach on the 27
day of Tiovember _, 1978.
ITEM #13058 (I-21)
COUNCILMAN BAUM RETURNED TO CHAMBERS
On niotion by Councilwoman Oberndorf, seconded by @layor Standin@, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman lleyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve on second reading the following ordinance
to accept $80,000 from the Southeastern Tidewater Area Manpower Authority
and to appropriate these funds:
2
the grant, with classes of employees to be determined by the City Manager.
FIRST READING: November 20, 1978
SECOND READING: @Tovember 27, 1978
Adopted by the Council of the City of Virginia Beach on the 27
day of November _, 1978.
ITEM #13059 (I-22)
On motion by Councilman Ervin, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice @layor
J. Ilenry McCoy, Jr., Donald IV. @lerrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: @Tone
City Council voted to approve on second reading the following ordinance
to accept a grant totaling $227,844 from the Division of Justice and
Crime Prevention and to appropriate these funds for the Integrated
Criminal Apprehension Program:
AN ORDINANCE TO ACCEPT A GRANT
TOTALLING $227,844 FROM THE DIVISION
OF JUSTICE AND CRIME PREVENTION
AND TO APPROPRIATE THESE FUNDS
WHEREAS, the Police Department wishes to better coordinate the
many field activities related to crime prevention, detection, investigation,
and apprehension, and
WHEREAS, the Division of Justice and Crime Prevention (DJCP) has
approved necessary funding to accomplish the objective stated above.
NOW, THEREFORE, BE TT ORDATNED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to accept the grant for the
City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Integrated Criminal
Apprehension Program $205_060 $22_784 $227_844
BE IT FURTHER ORDAINED that the appropriations will be financed
by $205,060 estimated revenue from the DJCP and a local cash match of $22,784 from
the City's Unappropriated Fund Balance, and
BE IT FURTHER ORDAINED that, a total of six personnel positions is
hereby authorized for the duration of the grant, to be paid from the grant, with
classes of employees to be determined by the City Manager.
FIRST READING: Nov(,,Mb(.,r 20- ].C)78
SECOND READING:Nc)vember 27, 1978
Adopted by the Council of the City of Virginia Beach on the 27
day of November 1978.
ITEM #13060 (Old Business)
Councilman Merrick requested the City Manager to invite a person from
the YDICA to explain to Council the National Youth Program Using Motor-
bikes.
ITEM #13061 (Old Business)
Councilman Merrick made a motion, seconded by Mayor Standing, to
withdraw from the Virginia Municipal League, the National League
of Cities, and the Conference of Mayors. The recorded vote is
as follows:
Ayes: Councilmen Donald W. Merrick, and @Mayor Patrick L. Standing
Nays: Councilinen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Councilwornan @leyera E. Oberndorf, J. Curtis
Payne, and Roger L. Riggs
Absent: None
The motion to withdraw from the Virginia Municipal League, the
National League of Cities, an(I the Conference of Mayors was lost;
therefore, City Council will continue to be a member of the above
organizations.
ITE@l #13062 (Old Business)
Councilman Merrick indicated that as the City has no Comprehensive
Plan, and there are no federal funds involved in the construction
of Old Donation Parkway, he made a motion to have an ordinance
prepared and advertised for public hearing on December 18, 1978,
eliminating Old Donation Parkway from the @,laster Street and High-
way Plan.
Councilman Payne offered a substitute motion, seconded by Councilman
Baum, to follow the normal procedure for eliminating Old Donation
Parkway from the Master Street and Highway Plan. The recorded vote
is as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Councilivoman
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and @layor Patrick L. Standing.
Nays: Councilmen F. Reid Ervin, and Donald W. DIerrick
Absent: None
The substitute motion passed, therefore, Council will follow the
normal procedure for eliminating Old Donation Parkway from the Alaster
Street and Highway Plan.
ITEM #13063 (Old Business)
Councilman Ervin made a motion, seconded by Councilman Merrick, to
instruct the Planning Commission to advertise for a public hearing
on the Master Street and Highway Plan as soon as possible. The
recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
@,4. Henley, Clarence A. Holland, Vice @layor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: Councilman George R. Ferrell
Absent: None
City Council voted to instruct the Planning Commission to advertise
for a public hearing on the Master Street and Highway Plan as soon
as possible.