OCTOBER 16, 1978
OTY OF VIRGINII BEIC
"Cul.%Wt MUNICIPAL-CENTER
.9.t R.,d VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id, 8 ... @gh
VICE MAYOR 1. HENRY M,COY JR., D.D.S., B .... gb DONALB W. MERRICK, Ly-b.@.. B.,..gb
JOHN A. BAUM, B .... gb MEYERA E. OBERNDORF, At L.,g.
F. REID ERVIN, Al L.,R@ J. CURTIS PAYNE, P,i ... @ A.n@ B .... gh
GEORGE R. FERRELL. At Lag. ROGER L. RIGGS, Vigii. B,"b B.,..gb
BARBARA M. HENLEY, P..8. B...gh A G E N D A RICHARD J. WEBBON,.City Ci.lk
The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m.,
on Monday, October 16, 1978 for the purpose of conducting public business and will hear and
act upon the following items:
1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Informal Discussion and Executive Session. Upon conclusion of the
Executive SessiOn, City Council will reconvene in the City Council Chambers.
4. Invocation Will be given at 2:00 p.m., by @he Reverend Kenneth R. Carbaugh, Our Savior
Lutheran Church, Virginia Beach, Virginia. Please remain standing for the Pledge of
Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of October 9, 1978 to be presented for acceptance and
approval.
6a. Resolution on the occasion of the 100th Birthday of George Doswell Brooke to be
presented.
6b. Ms. Patti Terry, President of ADK educational soriety wishes to appear before City
Council to present Councilwoman Meyera Oberndorf an award.
7. All matters listed under the consent agenda are considered to be routine by the City
Council and will be enacted by one motion in the form listed. There will be no separate
discussion of these items. If dicussion is desired, that item will be removed from
the
consent agenda and considered separately.
a. Letter from the City Manager recommending that City Council adopt a Resolution
to authorize the City Manager to submit materials to the Virginia Division of
Litter Control as required for allocations of funds for the second program year
for the Clean Community System.
b. Letter from the City Manager recommending that City Council appoint viewers
application of Cypress Properties, Ltd. for the petition of the closure of a p
of 20th Street (Virginia Beach Borough).
c. Letter from the City Manager recommending that City Council appoint viewers in
application of EPCO Pembroke Associates, Joseph A. Montagna and Regina M. Mont
Missouris G. Craig, and Anthony and Irene Galiatos for the petition for the cl
of a portion of Potomac Street (Bayside Borough).
d. Letter from the City Manager recommending that City Council approve
Things Unlimited for a Bingo/Raffle permit.
e. Letter from the City Manager recommending that City Council approve
Mr. John Atkinson, City Treasurer, for tax refunds in the amount of
f. Letter from the City Manager recommending that City Council approve
Contractors Paving Co., Inc., with the deduct change order amounting
for the Independence Boulevard from the property line at Green Run to Lynat
Parkway, as well as Dahlia Drive and its intersection with Independence Bot
Funds are available.
1: SF oth.*,C:L@ty@-M .. ger transmitting the recommendation of the Planning Commission
approval of a withdrawal of the application of Commonwealth Realty Corporation for
a change of zoning from I-1 Light Industrial District to R-8 Residential District on a
3.5 acre parcel located on the north side of Credle Road, east of Oceana Boulevard.
(Lynnhaven Borough).
9. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Kempar, Inc. for a change of zoning from R-9 Residen-
tial Townhouse District to B-2 Community Business District on a 1.73 acre parcel located
at the southwest corner of Providence Road and Lord Dunmare Drive (Kempsville Borough).
10. Letter from the City Manager transmitting the recommendation of the Planning Commission
for denial of the application of Frank E. Butler, III for a change of zoning from AG-1
Agricultural District to R-3 Residential District on a 1.816 acre parcel located on the
north side of Munden Point Road, west of Princess Anne Road (Pungo Borough).
11. Letter from the City Ilanager transmitting the recommendation of the Planning Commission
for approval of the application of Edward E. and Linda C. Wallace for a change of zoning
from A-1 Apartment District to A-2 Apartment District on a .82 acre parcel located at the
northwest intersection of Pleasure House Road and Brigadoon Drive (Bayside Borough).
12. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Anthony P. Kolantis and S. H. Savvides for a change of
zoning from B-4 Resort Commercial District to H-2 Resort flotel District on a 10,300
square foot parcel located at the northwest corner of 13th Street and Atlantic Avenue
(Virginia Beach Borough).
13. Letter from the City llanager transmitting the recorimendation of the Planning Commission
for approval of a withdrawal of the application of Robert H. Venner and Heiiry M. Cliborne,
Jr. for a conditional use permit for a private club (racquetball/handball) on a 1.188
acre parcel located at the northwest intersection of Holly Road and Laurel Lane west of
Holley Road (Virginia Beach Borough).
14. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Ruth H. Cohen, Bernard Kroll, and Albert A. Kroll
for a conditional use permit for a gasoline service station on a .812 acre parcel located
at the southeast intersection of Holland Road and Lynnhaven Parkway (Princess Anne Borough).
15. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Fairmount Park Freewill Baptist Church for a conditional
use permit for a church on a 24.38 acre parcel located on the south side of Virginia Beach
Boulevard west of Toy Avenue (Bayside Borough).
16. Letter from the City Yianager recommending that City Council rescind its action of August
21, 1978 accepting the low bid of Gavco Corporation, in the amount of $1,741,200, for the
Columbus Street Pump Station, Division I; and accept the second low bid of W. B. @leredith,
II, Inc., in the amount of $1,771,000 and authorize the City Manager to enter into the
necessary agreements for the implemenation of this project.
17. Old business, deferred from the previous meeting including any report of the Ilayor or
Committees named by Council.
18. New business, including any presentations by Council '@lembers, Citizens and Organizations.
19. liotion for adjournment.
MINUTES OF TIIE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGII@IA
October 16, 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 Conference Room, in the Administration Building, on Monday,
October 16, 1978, at 1:00 p.m.
Council Members present: John A. Baum, F. Reid Ervin, Councilwoman
Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Council-
@,Toman Meyera E. Oberndorf, J. Curtis Payne, Roaer L. Riqgs, and
Mayor Patrick L. Standing
Council Members absent: George R. Ferrell, and Vice Mayor J.
Henry McCoy, Jr.*
ITEII #12831
Mayor Standing entertained a motion to permit Council to conduct an
an informal meeting to be followed by an executive session for the
purpose of discussion of the following:
1. Discussion or consideration of employment, assign-
ment, appoin-,Ment, Proriotion, demotion, salaries
discipline or resiqnation of public officers, appointees
or employees of any public body.
2. Investing of public funds where competition or bargaining
are involved where, if made public initially, the financial
interest of the governing unit would be adversely affected.
3. Consultation with legal counsel and briefinq by staff
members, consultants, or attorneys pertaining to actual
or potential litigation, or other legal riatters within
the jurisdiction of the public body.
On motion by Councilman Holland, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Donald W. Merrick, Councilwoman
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor
Patric], L. Standing
Nays: None
Absent: Councilmen George R. Ferrell, and Vice Mayor J. Henry
McCoy, Jr.
City Council voted to proceed into the executive session following
the informal discussion.
ITEM #12832
VICE MAYOR MCCOY ENTERED MEETING AT 1:05 p.m.
Mayor Standing indicated that each Council Member should have received
a letter from the Mental Health/Mental Retardation Services Board re-
garding tours to be held Thursday, October 26, 1978, beginning at 8:30
a.m. Any member of Council who wishes to attend the tour be at Pembroke
Three at 8:30 a.m.
ITEM #12833
Mayor Standing indicated he had requested Mr. E. Samuel Clay, to
present Council with a biographv regarding the Council Members.
Mayor Standing requested Councii to go over the biography for any
revisions or updating.
ITEM #12834
Mayor Standing reminded Council of the National Leaque of Cities
meeting to be held in Saint Louis, Missouri, on November 25th
through 29, 1978.
ITEM #12835
14ayor Standing indicated that some time ago he brouqht before Council
a request from the Tidewater Chapter of the Urban Leagiie to donate a
sum based on the population of the City to aid the Urban League for
one year until they come under the United Community Fund. The City's
contribution would be $1,423.
ITEM #12836
Mayor Standing indicated that Councilman Ervin sent each Member of
Council a letter regarding the proxy vote.
Councilman Ervin requested discussion on this matter be deferred
until the City Attorney had a chance to rule on the legalit@l, of
the proxy vote.
After considerable discussion, Councilman Ervin indicated that
he would have his legal counsel study this matter and report
back to him as to the legality of it.
ITFM 412837
Councilwoman Oberndorf indicated that in last weeks agenda a letter
was received from Senator Stanley Walker indicating that on Thursday,
October 19, 1978, at 7:30 p.m., at Old Dominion University, there will
be workshops held on Senate Bill 291, CriRiinal Sexual Assault.
Councilwoman Oberndorf listed some of the advantages of this bill;
1. The focus is on the offender, not the victim.
2. It is a comprehensive bill.
3. Sexual conduct is graded into degrees.
4. Severe limits are placed on tlie use of evidence
of the victim's past sexual history.
5. Special recidivist provision to deal with repeat
offenders.
Councilwoman Oberndorf requested the matter be brouaht up at next
weeks Council meeting, with copies of the Senate Biil included in
the agenda.
ITEM 412838
Mr. Dodd indicated to Council that CETA was passed by both the Kouse
and the Senate for funding for four (4) years, however, the President
has not as yet signed the bill. There are several restrictions in the
CETA bill, however, the City has not been informed as to what those
restrictions are.
ITEM #12839
Council.man Ervin indicated that with the improvetnents being made to
the lines at the north end of Virginia ]3each he is requesting the
City Manager to study the possibilitv of using four-inch cast iron
pipe, instead of the two-inch galvanized pipe.
ITEM #12839(a)
Councilman Ervin indicated tliat there was a change in the definition
a-@ to wliat constitutes a garage apartment, which is pernitted
in the R-8 duplex zoning. There are several abuses of this in the
north end at the present time. -he aniendment to the ordinance has
been reviewed, but has not as yet been scheduled for public hearing
by the Planning Commission.
ITEM #12840
Councilman Ervin indicated that in looking over the letter regarding
GAVCO Corporation, and reviewing the procedures the City follows in
seeking bids, he requested Council to sttidy this matter thoroughly
before tal@ing action on the contract.
ITEM #12841
Councilman Merrick indicated he passed to each Council Member a letter
indicating that in addition to advertising two weeks before the rezoning
of a piece of property or a use permit or variance, the property should
be posted two weeks before. The City Attorney advised Councilman Merrick
that he could prepare an affidavit regarding this matter.
ITEM #12842
At 2:15 p.r@i., City Council reconvened in the Council Chambers with
the following members present:
John A. Baum, F. Reid Ervin, Councilwornan Barbara M. Henlev, Clarence
t
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Council-
wo-,nan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
The invocation was given by the Reverend Kenneth R. Carbaug'ia, Our
Savior Lutheran Church, followed by the Pledge of Allegiance.
ITEM #12843
On motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Rouer L.
Riggs, and Mayor Patrick L. Standing
Nays: @4one
Absent: Councilman George R. Ferrell
City Council voted to defer for one week approval of the ninutes of
tlie regular meeting of October 9, 1978.
ITEM #12844
On motion by Councilman Payne, seconded by Councilrian Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, 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 llayor Patrick L. Standing
Nays: None
Absent: Councilman Georqe R. Ferrell
City Council adopted a resolution regarding the 100th birthday of
George Doswell Brooke and requested Councilman Ervin to see tliat
Mr. Brooke received the resolution.
ITEM #12845
on motion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Al,es: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
lienley, Clarence A. Holland, Vide Mayor J. Hehry McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: none
Absent: Councilman George R. Ferrell
City Council voted to adopt the following consent agenda, items 7a
throualh 7g:
ITEM #12846
on motion by Councilman Baum, seconded by Vice Ilayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCov, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Rocer L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to adopt the following resolution authorizing the
City Manager to submit materials to the virginia Division of Litter
Control as required for allocations of funds for the second program
year for the Clean Community System:
R E S 0 L U T I 0 N
WHEREAS, the City Council of the City of Virginia Beach recognizes
that a litter problem exists within our comunity,
WHEREAS, the Virginia Litter Control Act of 1976 provides, through
the Depirtment of Conservation and Economic Develolxnent, Division of
Litter Control, for the allocation of public funds in the fom of
grants for the purpose of enhancing local litter control programs, and
WHEREAS, the City of Virginia Beach requests funds in the amount
of $15,507 to execute a program to combat the litter problems in our
community
THEREFORE, BE IT RESOLVED, that the City Manager is authorized to
+h. Vi,@i@i. nivicinn nf littpr rnntrnl ;i-z mav
ITEM 412847
On motion by Councilman Baum, selconded by Vice Mayor McCoy, and by
recorde6 vote as follows:
ATyes: Councilmen John A. Baum, F. Reid Ervin, 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: councilman George R. Ferrell
City Council voted to approve the following ordinance appointing
viewers for the petition of the closure of a portion of 20th Street,
in the Virginia Beach Borougli,
ORDINANCE APPOINTING VI M RS
S,, CYPRESS PROPERTIES, LTD., has given due and proper notice,
in accord with the statutes with such cases made aud provided, that they
would, on this day, apply to the City Councii of the City of Virginia.Beach,
Virginia, for the appointment of viewers to view the below-described
property, and rtport in writiug to the Council whether, in the opinion of
said viewers, any, and if any, what inconvenience would result from the
discontinui.ng of hereinafter described portion of 20th Street in the
Virginia Beach Borough, City of Vi.rginia Beach, Virginia, and have filed
such application with said Council; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY.OF
VIRGINIA BEACH, VIRGINIA
. TH&T, C. oral Lambert, George'E. Ti:nnes and
RobOrt J. Scott are hereby appointed to view the below-described
property, and report in writing to the Planning Commission of the City
of Virginia Beach, Virginia, on or before the t@ day of 1978,
and subsequently to the Council whether in th6ir opinion any, and if any,
what inconvenience would result from the discontinuing, closing and
vacating of that certain pqrtion of 20th Street located in the Virginia
Beach Dorough, City of Virginia Beach, Virginia, and described as follows:
That certain portion of 20th Street in Virgiftia Beach Borough,
Virginia Beach, Virginia, which is bounded and described as
follows;
Beginning at a point where the west6rn line of Cyoress 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 $650 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 $treet; 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 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 day of 1978.
IN THE HATTER OF: CLOSING, VACATING
AND DISCONTINUING PORTION OF 20TH
STREET, PLAT OF CYPRESS TERRACE, PETITION
VIRGINIA BEACH BOROUGH, VIRGINIA
BEACH, VIRGINli,
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGIN'LA
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 sido 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 N651, 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
4ay of Cypress Road N260 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
stattite 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 tt@ 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 diSScontinuance of,said street heretofore described.
-2-
3. That on the a@day of @EV--EMCbc-@ 1978, Notice,, of the
Presenting df 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
Allen VGordon
counse"r Petitioners
tLK Uk
CLOSING, VACATING AND DISCONTINUING A
PORTION OF POTOMAC STREET, LOCATED IN
THE CITY OF VIRGINIA BEACH, VIRGINIA
ORDINANCE APPOINTING VIEWERS
WHERF.AS, EPCO PEMBROKE ASSOCIATES, a limited partnership,
JOSEPH A. MONTAGNA and REGINA M. MONTAGNA, MISSOURI Gi 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
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. 82'48103" E. a
distance of 326.00 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 LaRibert
George E. Tinnes and Robert J. Scott are
hereby appointed to view the above-described portion of Potomac
Street, and t6 report in writing to the Council on or before
, 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 1978.
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. MONTAG NA, 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 TRAT certain portion of "POTOMAC ST REET"
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 pagp-
12,. as follows, to-wit:
Beginning at a point at the intersection of.the
southerh right of way line of "POTOMAC STREET" and
th6 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
pldt; thence turning and running N. 8214810311 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
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
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, require.d by
Section 15.1-364 of the Code of Virginia of 1950, as amended,
has beenl given by posting a copy of-same at the Cour.thouse
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.
Res.pectfully submitted,
EPOO PEMBROKE ASSOCIATES
DY c@
J4
Rbgio M. Montagna
Mis'sourl U. L;raig
Knthony Gaiiatos
tos
Robert E. Farmer, III
KAUFMAN AND OBERNDORFER
ITE,'4 #12849
On motion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, 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. Standinq
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the request of Things Unlimited for a
Bingo/Raffle permit.
ITEM 412850
On motion by Councilman Baum, seconded by vice ilayor McCoy, and bv
recorded vote as -4ollows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald W.
Merrick, Councilwoman M--yera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
liays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the following tax refunds in the amount
of $542.17:
I)atc-, 1016178
A',.'.r) U -,, C) @" c: i: i " -f I :, f- C ",'l I C) C) f.' -f t I -L-i@-I i@ BKC
)FO@ I'AYr-l-@t:T
B@- I'@ 0;@Al':F.D I;Y Ti!E (.'OU,','C:IL 07 Tif@-' CITY OF
Th,.t tri@ @.@p,,.Iication3 for r@,@und
certL'ic,-ziol o-
$542.17
Tot:,IlLn, S
TkX 'CYPF E XO; F D -k
YE-KP, 01- TiV,: @ION '@:0. P-@,iD It@T. TO'EIL.L
K77ig, StePhen 1978 CD 106702 911-9178 7.50
McGill, John 19 78 CD 45751
45752 9118178 -90. 00
Jones, Philip E. 19 78 PP 49274 -9111178 5.40
Ilicks, C. R.- 19 78 PP 42482. 8124178 Z8.-58
Glenn, Ann IZ 1978 PP 35265 511-7178
.33-.-06
Hangen, Jesse S. 11978 RE(il?) 018704 11117177
lia'ngen, J6sse S. .. I .
1978 RE(21,@) 018704. -11117177 3J2.-02.-
020295-0 612177 20 oi'
.@t. Lazerence, W. P. 11977 R,,
r,leishman, G. -J. 1975 ?E(112, 019426-6 6110175 .6. 75
r@leishn2an, G. J. Z975 E (212? .019426-6 6110175 6. i-5
-Tteis7,imaii, G.@ J. 1977 RE 1 020737-6 618177 67. 76
rleishman, G.. J. 977 RE [020738-5 618177 313.88
n, G. J. @1977 RE 020743-8 618177- .4@
The abate.-@ent(s)
Iq vere app-ra-,ted -by
the Council of the Cit-v 0
Beach on the L"@.Y -.1-
N s 0.1,,
Richard J. ebbon, City Cleric Approv@d zis
7e
ITEM #12848
On motion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henr.v McCoy, Jr., Donald W.
Merrick, Councilwoman 14eyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standinq
Nays: None
Absent: Councilman George R. Ferrell
Council voted to approve the following ordinance appointing
viewers for the petition for the closure of a portion of Potomac
Street, in the Bayside Borough:
ITEM #12851
on motion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera --. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the bid of Contractors Paving Company,
Incorporated, with the deduct change order amounting to $1,513,776.83,
for Independence Boulevdrd from -lh6 property line at Green Run to
Lynnhaveii Parkway, as well as Dahlia Drive and its intersection with
Independence Boulevard.
ITEM #12852
On motion by Councilman Baurn, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. lienry McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve tlie request of Trant,,vood Elementary
School for a raffle permit.
ITEM #12853
An Ordinance upon Application of Commonwealth Realty Corp., for a Change of
Zoning District Classification from 1-1 Light Industrial District to R-8
Residential District on certain property located on the North side of
Credle Road beginning at a point 776.9 feet East of Oceana Boulevard,
running a distance of 873.26 feet along the North side of Credle Road,
running a distance of 175 feet along the Eastern property line, running a
distance of 850 feet along the Northern property line and running a
distance of 175 feet along the Western property line. Said parcel contains
3.5 acres. LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to allow withdrawal of this request.
On motion by Councilman Merrick, seconded by Councilwoman Henley,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henrv McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. C'urtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to permit withdrawal of the ahove petition of
Commonwealth Realty Corporation.for a Chancre of Zoning District
Classification from I-1 Light Industri 1 District to @-8 Resi@ential
District on certain property located on the North side of Credle Road
beginning at a ooint 776.9 feet East of Oceana Boulevard, running a
distance of 873.26 feet along the North side of Credle Road, running a
distance of 175 feet along the Eastern property line, running a distance
of 850 feet along the Northern property line and running a distance of
175 feet along the Western property line. Said parcel contains 3.5
acres. Lynnhaven Borough.
ITEM #,12854
An @Ordinance upon Application of Kempar, Inc., for a Clanle of Zon!
Di tri t to B
District Classification from R-9 Residential Townhouse 1- 2
Community-Business District on certain property located at the Southwest
corner of Providence Road and Lord Dunmore Drive, running a distance of
433.75 feet along the South side of Providence Road, running a distance of
34.09 feet in a Southerly direction, running a distance of 30 feet in a
Westerly direction, running a distance of 198.13 feet along the Western
property line, running a distance of 180.75 feet along the Southern
property line, running around a curve in a Northeasterly direction a
distance of 180.27 feet, running a distance of 195.88 feet in an Easterly
direction and running a distance of 100 feet more or less along the West
side of Lord Dunmore Drive. Said parcel contains 1.73 acres more or less.
KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 9 for
the motion and 3 against to approve this request subject to the following
conditions in conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
Mr. Grover C. Wright, Jr., Attorney, represented the petitioner
On motion by Vice Mayor MCCOY, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Clarence A. Holland,
Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Nays: Councilwomen Barbara M. Iienley, and meyera E. Oberndorf
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance upon petition
of Keml)ar, Inc., for a Chanqe of Zoning District Classificationfrom
R-9 Residential-Townho se District to B-2 Cominunity-Bu iness District:
ORDINANCE UPON PETITION OF KEMPAR, INC., FOR A Z01078388
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-9 Residential-Townhouse District to B-2
Community Business District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Kempar, Inc., for a Change Z n ntg DBif@trCioct Classifi-
cation from R-9 Residential-Townh. us D@,:try@t 0 mmunity-
fusi-ness District on certain property located at the Southwest corner
of Providence Road and Lord Dunmore Drive, running a distance of 433.75
feet along the South side of Providence Road, running a distance of
34.09 feet in a Southerly direction, runnina a distance of 30 feet in a
Westerly direction, running a distance of 168.13 feet along the Western
property line, running a distance of 180.75 feet alona- the Southern pro-
perty line, running around a curve in a Northeasterly direction a distance
of 180.27 feet, running a distance of 195.88 feet in an Easterly direction
and running a distance of 100 feet more or less along the West side of Lord
Dunmore Drive. Said parcel contains 1.73 acres more or less. Kempsville
Borough.
Approval of this request is subject to the following conditions in
conjunction with the in'@ended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virainia Beach, Virgi
on the 16 day of October 1978.
ITEM #12855
An Ordinance upon Application of Frank E. Butler, III for a Change ot
'n' Di stricl Ilassification from AG-1 Agricultural DistriEt- to R-3
'On'
Re,,denti@ 1 Di strict on certain property located on the North side of
Munden Point Road beoinning at a point 747 feet West of Princess Anne Road,
running a distance of 338.62 feet along the North side of Munden Point
Road, running a distance of 202.08 feet al,ong the Western property line,
running a distance of 373.37 feet along the Northern property line and
running a distance of 251.63 feet along the Eastern property line. Said
parcel contains 1.816 acres. PUNGO BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 11 for
the motion and I abstention to deny this request. It was felt that the
proposed zoning would establish a trend toward an increased density in an
area where the existing level of available services is not appropriate for
such growth.
Mr. Frank E. Butler, III, appeared in favor of the above petition.
Mrs. Eiley, representing the Back Bay Civic League, appeared in
opposition.
Councilwoman Henley made a motion, seconded by Councilman Baum-, to
deny the above petition of Frank E. Butler, III, for a Chanqe of
Zoning District Classification from AG-1 Agricultural Dis-trict Eo
R-3 Residential District as it was felt that the proposed zoning
would establish a trend toward an increased density in an area
where the existing level of available services is not appropriate
for such growth. -@he recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clatence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald @l.
Merrick, Councilwoman meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to deny the above petition of Frank E. Butler, Ill,
@or a Change of Zoninq District Classification frorq AG-1 Agricultural
District to R-3 Residentiai District on ce t@ain property located on the
North side of Munden Point Road beginnin(T at a poini-- 747 feet West of
Princess Anne Road, running a dis-lance oi 338.62 feet along the North
side of 14unden Point Road, running a distance of 202.08 feet along the
Western property line, running a distance of 373.37 feet along the
Northern property line and running a distance of 251.63 feet along the
Eastern properly line. Said parcel contains 1.816 acres. Plingo Borouc
This petition was denied as it was felt that the proposed zonina wouldi
establish a trend toward an increased density in an are
existing level of available services is not appropriate
ITEM #12856
An Ordinance upon Application of Edward E. and Linda C. Wallace for a
:rntqe n rom A-1 Apartment District to A-2
C' of 'o ssification f
Ap nt Di ocated at the Northwest intersec-
tion of Pleasure House Road and Brigadoon Drive, running a distance of 100
feet along the West side of Pleasure House Road, running a distance of 360
feet along the Northern property line, running a distance of 100 feet along
the Western property line and running a distance of 360 feet along the
North side of Brigadoon Drive. Said parcel contains .82 ,r,. BAYSIDE
BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 10 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
Right-of-way improvements will be necessary on Brigadoon Drive; this
includes pavement widening, curb and gutter, sidewalk, and drainage
Mr. Ilarry Gustin, Attorney, represented the petitioner
On motion by Councilman Holland, seconded by Councilwoman Obernclorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. ifolland, Vice Mayor J. Ilenry McCoy, Jr., Donald W.
14errick, Councilwoman Meyera E. Oberndorf, j. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance upon petition
of Edward E. and Linda C. Wallace for a Change of Zoning District
-i S
Classification from A-1 Apartment District t@ A-2 Apat@@. -,s-@r-ict:
ORDINANCE UPON PETITION OF EDVIARD E. AND LINDA C. Z01078389@
V7ALLACE FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM A-1 Apartment District to A-2 Apartment
District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Edward E. and Linda C. Wallace for a Chanqe of Zonin(-
District Classifica on from A-1 Apartment District to A- Apartment
,strict erty located at the Northwest intersection
of Pleasure House Road and Brigadoon Drive, running a distance of
100 feet along the liest side of Pleasure House Road, running a dis-
tance of 360 feet along the Northern property line, running a distance
of 100 feet along the Western property line and running a distance of
360 feet along tlie North side of Brigadoon Drive. Said parcel contains
.82 acre. Bayside Borough.
Approval is subject to the followinq coiiditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessary on Brigadoon
Drive; this includes navement widening, curb and gutter,
sidewalk, and drainage facilities.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the -16 day of October , 1978.
ITEM #12857
.,,:,@An Ordinance upon Application of Anthony P. Kolantis and S. H. Savvides tor
a e of Zoning District Classification from B-4 Resort-Commercial
Changi
Distri6t to H-2 Resort-Hotel District on certain property located at the
Northwest corner of 13th Street and Atlantic Avenue, running a distahce of
100 feet along the North side of 13th Street, running a distance of 103
feet along the Western property line, running a distance of 100 feet along
the Northern property line and running a distance of 103 feet along the
West side of Atlantic Avenue. Said parcel contains 10,300 square feet.
VIRGINIA BEACH BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 10 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer. I
Mr. Grover C. Wright, Jr., Attorney, represented the petitioner
On iE@u'l-ion by Councilman Riggs, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, 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 -1. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance upon petition
of Anthony P. Kolantis and S. H. Savvides for 11 - 9 , -
C 3OR12 Hotel
trict Classification frorq B-4 Resort-Conoercial D'I:ntgricotft. H-3
51st-rict:
ORDINANCE UPON PETITION OF ANTHONY P. KOLANTIS AND Z01078390
S. H. SAVVIDES FOR A CLANGE OF ZO'ZING DISTRICT
CLASSIFICATION FROM B-2 Resort-Contmercial District
to II-2 Hotel District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Anthony P. Kolantis and S. H. Savvides for a Chanue of
Zoning District Classification from B-4 Resort-ComInercial Disirict
to H-2 Hotel b strict on certain property located at the l@orthwest
corner of 13th Street and Atlantic Avenue, running a distance of
100 feet along the North side of 13th Street, running a distance of
103 feet along the Western property line, running a distance of 100
feet along the Northern property line and running a distance of 103
feet along the West side of Atlantic Avenue. Said parcel contains
10,300 square feet. Virginia Beach Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City ol- Virginia Beach,
on the 16 day of October 1978.
ITEM #12858
An Ordinance upon Application of Robert H. Venner and Henry M. Cliborne,
Jr., for a Conditional Use Permit for a private club (racquetball/handball)
on certain property located at the Northwest intersection of Holly Road and
Laurel Lane, running a distance of 340 feet along the West side of Holly
Road, running a distance of 304 feet along the Northern property line and
running a distance of 364 feet along the North side of Laurel Lane. Said
parcel contains 1.188 acres. (Linkhorn Park Area). VIRGJNIA BEACH
BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to allow withdrawal of this request.
Mr. Thomas C. Broyles, Attorney, represented the applicant and
requested withdrawal of the application.
On motion by Councilman Merrick, seconded by Councilman Riggs, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, 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: Councilman George R. Ferrell
City Council voted to permit withdrawal of the above application of
Robert H. Venner and Henry M. Cliborne, Jr., for a Conditional Use
Permit for a private club (recquetball/handball) on certain property
located at the Nor@-hwest intersection of Holly Road and Laurel Lane,
running a distance of 340 feet along the West side of Holly Road,
running a distance of 304 feet along the Northern property line and
running a distance of 364 feet along the North side of Laurel Lane.
Said parcel contains 1.188 acres. (Linkhorn Park Area). Virginia
Beach Borough.
ITEM #12859
An Ordinance upon Application of Ruth H. Cohen, Bernard Kroll and Albert A.
Kroll for a Conditional Use Permit for a gasoline service station on
certain property located at the Southeast intersection of Holland Road and
Lynnhaven Parkway, running a distance of 186 feet along the East side of
Holland Road, running a distance of 225.50 feet along the Southern property
line, running a distance of 201.37 feet along the Eastern property line,
running a distance of 121 feet along the South side of Lynnhaven Parkway
and running around a curve a distance of 55 feet. Said parcel contains
.812 acre. PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 8 for
the motion and I against to approve this request subject to the following
conditions in conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A variable right-of-way dedication along Holland Road.
4. A 5-foot temporary construction easement is necessary along Holland
Road.
5. A permanent drainage easement is also necessary along Holland Road.
6. Public restrooms are to be provided.
7. Compliance with Article 2, Section 224 of the Comprehensive Zoning
Ordinance pertaining to Automobile Service Stations.
8. Two curb cuts are to be allowed on both Holland Road and Lynnhaven
Parkway, provided each is a maximum of 24 feet in width and marked
appropriately for in-only and out-only traffic.
Very truly yours,
!<,,n Lee
Chairman
RDL/lgw
Mr. James Evaiis, Attori-iey, rel@resuiitec -.@ie a,,) i-can@
On motion by Councilman Payne, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara M.
Ilenley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and @layor Pa-@rick L. Standing
,Nays: None
Absent: Councilman George R. Ferrell
Citv Council voted to adopt the followinq resolution upon application
of Ruth H. Collen, Bernard Kroll and Albert A. Kroll for a Conditional
Use Permit for a gasoline service station:
RESOLUTION UPON APPLICATION OF RUTH H. COHEN, BERNARD R01078216
KROLL AND ALBERT A. KROLL FOR A CONDITIONAL USE PERMIT
FOR A gasoline service station
BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Ruth ii. Cohen, Bernard Kroll and Albert A. Kroll for
a Conditional Use Permit for a gasoline service station on certain
property located at the Southeast intersection of Holland Road and
Lynnhaven Parkway, running a distance of 186 feet along the East side
of Holland Road, running a distance of 225.50 feet along the Southern
property line, runnina a distance of 201.37 feet along the Eastern pro-
perty line, running a distance of 121 feet along the South side of
Lynnhaven Parkway and running aroiind a curve a distance of 55 feet.
Said parcel contains .812 acre. Princess Anne Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard imDrovements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. A variable right-of-way dedication along Holl'and Road.
4. A 5-foot -lemporary construction easement is necessary
along Holland Road.
5. A permanent drainage easement is also necessary along
Holland Road.
6. Public restrooms are to be provided.
7. Compliance with Article @-, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
8. One curb cut is to be allowed on Lynnhaven Parkway a width
of 35 feet and two curb cuts will be al-lowed on Holland Road
a minimum of 30 feet each and each sliall be marked adpropriately
in-only and out-only for traffic.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 16 day of October , 1978.
ITEM #12360
An Ordin@nce upon Application of Fairmount Park Freewill Baptist Church for
a Conditional Use Permit for a church on certain property located 170 feet
more or less South of Virginia Beach Boulevard beginning at a point 110
feet more or less West of Toy Avenue, running a distance of 160 feet in a
Northwesterly direction, running a distance of 225.4 feet in a Southwest-
erly direction, running a distance of 146 feet in a Northwesterly direc-
tion, running a distance of 200.41 feet in a Northerly direction, running a
distance of 96 feet in a Northwesterly direction, running a distance of
212.69 feet in a Northerly direction, running a distance of 60 feet along
the South side of Virginia Beach Boulevard, running a distance of 413.10
feet in a Southerly direction, running a distance of 196.80 feet in a
Northwesterly direction, running a distance of 392.76 feet in a Northerly
direction, running a distance of 108.70 feet in a Northwesterly direction,
running a distance of 179.54 feet in a Southwesterly direction, running a
distance of 108.10 feet in a Northwesterly direction, running a distance of
1345.38 feet along the Western property line, running a distance of 864.80
feet along the Southern property line and running a distance of 1226.38
feet along the Eastern property line. Said parcel contains 24.38 acres.
BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Parking at a minimum of I space per 5 seats or bench seating spaces in
the main auditorium.
4. A dedication of right-of-way 75 fl:fet from the centerline of the
existing 120 foot right-of-way And a reservation of an additional 5
feet along the 60 foot frontage on Virginia Beach Boulevard (a 15-foot
dedication and a 5-foot reservation).
S. An escrow to cover the cost of pavement widening, curb and gutter,
sidewalk, and drainage facilities for this site's frontage on Virgi-
nia Beach Boulevard.
Very truly yours,
c
RDL/lgw
Pastor Dale Burden Lii,-' C -@.L- .
On motion by Councilman Holland, seconded by Councilman Ervin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baurq, F. Reid Ervin, Councilwoman Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald @i.
Merrick, Councilwoman meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to adopt the following resolution upon application
of Fairmount Park Freewill Baptist Church for a Conditional Use Permit
for a church:
RESOLUTION UPON APPLICATION OF FAIP-MOUNi' PARK R01073217
FREEWILL BAPTIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A church
BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACFI,
VIRGINIA, that:
Application of Fairmount Park Freewill Baptist Cliurch for a Conditional
Use Perrqit for a cliurch on certain property located 170 feet ore or
less South of Virginia Beach Boulevard beginning at a point 110 feet
more or less West of Toy Avenue, runnina a distance of 160 feet in a
14orthwesterly direction, running a distance of 225.4 feet in a South-
westerly direction, running a distance of 146 feet in a Nor"hwesterly
direction, running a distance of 200.41 feet in a l@ortheriv Oirection,
running a distance of 96 feet in a lqorthwesterly direction, running a
dis-@ance of 212.69 feet in a Northerly direction, running a distance of
60 feet alonq the South side of Virginia Beach Boulevard, running a dis-
tance of 413.10 feet in a Southerly direction, runnina a distance of
196.80 feet in a Northwesterly direction, running a distance of 392.76
feet in a Northerly direction, running a distance of 108.70 feet in a
Northwesterly direction, running a distance of 179.54 feet in a Soiith-
westerly direction, running a distance of 108.10 feet in a Northwesterly
direction, running a distance of 1345.38 feet along the @,lestern property
line, running a distance of 864.80 feet along the Southern property line
and running a distance of 1226.38 feet along the Eastern propertv line.
Said parcel contains 24.38 acres. Bayside Borough.
AI)proval is subject to the following conditions in conjilnction with
the intended use of the lalid:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water aiid sewer.
3. Parking at a minimum ol- 1 space per 5 seats or bench
seating spaces in the main auditorium.
4. A dedication of right-of-way 75 feet from the center-
line of the existing 120 foot right-of-way and a res-
ervation of an additional 5 feet along the 60 foot
frontage on Virginia Beach Boulevard (a 15-foot dedication
and a 5-foot reservation).
5. An escrow to cover the cost of Davement widening, curb
and gutter, sidewalk, and drainage facilities for this
site's frontaqe on Virginia Beach Boulevard.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 16 day of October 1 1978.
ITEM #12861
The City Clerk read the following letter from the City Manager:
The following bids were received for the Columbus Street
Pump Station, Division I:
Gavco Corporation $1,741,200
W. B. Meredith, II, Inc. $1,771,000
Luke Construction Co., Inc. $1,989,898
Engineer's Estimate $1,495,250
Division I of this project involves the construction of a
36 million gallon per day water pump station and the foundation
work for a four million gallon water tank. Division II involves
the water tank, and the bid was awarded to Chicago Bridge and
Iron.
On August 21, 1978, City Council authorized the City Manager
to enter into the necessary agreements with the apparent low.
bidder for Division I, Gavco Corporation. However, since that
date, several incidents involving poor construction techniques
on the part of employees of Gavco have prompted the consulting
engineer and the Director of Public Utilities to recommend that
the previous recommendation for Gavco be rescinded. From the
evidence presented to me, I concur with their reco=nendations,
and I have not signed the construction contracts with Gavco for
this project.
The Columbus Street Pump Station is a complex facility
located at the heartbeat of the city's water distribution system.
Any construction accident at this sensitive location would result
in the disruption,of water service to the entire city.
it is, therefore, recommended that City Council rescind its
actions of August 21, 1978, and accept the second low bid of
W. B. Meredith, II, Inc., in the amount of $1,771,000 and authorize
the City Manager to enter into the necessary agreements for the
implementation of this project.
The following persons spoke in oppositi(:)n to rescind@-ng thc loii bi(7,
of GAVCO Corporation for the Colurabus S"'reet @ump Station, Division I:
Mr. Ben Hubbard, Attorney, represenleing the GAVCO Corporation,
indicated GAVCO is a subsidiary of Ocean Electric, and has inany
contracts with the City in the past. GAVCO was not working an
the Moores Bridges project nor i,7ere any of their I)ersonnel.
Mr. Hubbard requested tlie Director of Public Utilities to explain the
reason for rescinding the bid.
Mr. Aubrey V. Watts, Director of Public Utilities, indicated that
the recommendation he made to the City Manager was based on the
recommendations from Wiley and Wilson. Tlie City is concerned
about several construction practices and practices along with
the capabilities of the construction personnel.
Mr. Warren Kline, representing Wiley and Wilson, indicated that certain
events took place in August and September that caused Wiley and Wilson
to re-evaluate their position. Two were the City of Norfolk at their
Filtration Plant at Moores Bridges, and the third was a project at the
Lakes. in evaluating these projects it was the firms position that
tlie contractor's organization did not indicate the type of knowledge,
experience or tlie planning tliat was required to successfully corqplete
a job of this type.
After considerable discussion, Vice I,,Iayor McCoy made a motion, seconded
by Councilman Holland, to rescind Council action of August 21, 1978
wherebv they approved the low bid of GAVCO CorDoration for the Columbus
Street Pump Station, Divisioii I. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Clarence A. Holland, Vice Ma
Henry McCoy, Jr., Roger L. Riggs, and Mayor Patrick L. Stand
Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. Hen
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, and J.
Payne
Absent: Councilman George R. Ferrell
Due to a tie vote the motion was lost.
ITEM #12861(a)
Councilman Payne made a motion, seconded by Councilman Merrick, to
defer for one week the matter of rescinding the low bid of GAVCO
Corporation pending the report of the City Manager, and giving the
GAVCO Corporation an opportunity to defend their position. The
recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, 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: Councilman George R. Ferrell
City Council voted to defer the matter for one week pending the
report of the City Manager and giving the GAVCO Corporation an
opportunity to defend their position.
ITEM #12862
On motion by Councilman Riggs, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baurn, F. Reid Ervin, 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: Councilman George R. Ferrell
City Council voted to approve a correction to ordinance number 812
relating to ball playing on and adjacent to the beach from Rudee
Inlet to 42nd Street. The corrected effective date of the ordinance
should read "On and after May 29, 1978.
ITEM #12863
on motion by Councilman Merrick, seconded by Councilwoman Henley, and
by recorded vote as follows:
Ayes: Counciln@en Jolin A. Eaum, F. Reid Ervin, Councilwoman Bal:bara 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: Councilman George R. Ferrell
City Council voted to authorize the City Attorney to submit an affadivit
form regarding Section 108, Posting of Signs, Code of the City of Virginia
Beach.
ITEM #12864
Councilman Ervin requested that the City Attorney not look into the
legality of a ldroxy vote.
ITEM #12865
Councilman Baum indicated that there was some discussion several weeks
ago with regards to Flag Lots, as to whether the Planning Commission
should have the final approval, and further requested the Planning
Director to report back to Council regarding this matter.
The City Attorney indicated to Council that an ordinance has been
drafted.
ITEM 4,"12866
on motion by Councilman !4errick, seconded by Councilman Bauin, and by
acclamation, the meeting adjourned.
Rfchard J Webbon, City Cle k@ @and-,.g
-u
City of Virginia Beach,
Virginia
October 16, 1978
h