OCTOBER 18, 1976
CITY OF VlkGINII BEICI
MUNICIPAL CENTER
"Q4'.,Id'i t ofity" VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B .... gh HENRY M,COY, J,., D.D.S., K@.p-ill@ B .... gh
VICE MAYOR PATRICK L. STANDING, A@ L.,g@ MEYERA E. OBERNDORF, A, L.,g@
JOHN A. BAVM, B.,@.gh J. CURTIS PAYNE, P,i.@@,@ A.@@ B@,.@gh
ROBERT B. CROMWELL, J,, A, L.,g@ ROGER L. RFGGS, Vi,gi@i. B@.,b B.-@gh
GEORGE R. FERREI.I,, A, L.,g@ A G E N D A FLOYD E. WATERFIELD, J,., P.@,. B.,@.gb
JOHN R. GRIFFIN, Ly.@b.,,,@ B.,@@gb R@CHARD J. WEBBON, Cily Cl@,k
The City Council of the City of Virginia Beacli, Virginia, will assemble in
tne Administration Building, Princess Anne Station, Virginia Beach, Virginia,
in Regular Session, at 1:00 p.m., on Monday, October 18, 1976, for the
purpose of conducting public business and will hear and act upon the follow-
ing items:
1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council
Conference Room.
2. Roll Call of the Council.
3. Motion and Roll Call to recess into Informal Discussion and Executive
Session. Upon conclusion of the Executive Session, City Council will
reconvene in the City Couiicil Chambers.
4. Invocation will be given at 2:00 p.m. by the Reverend Robert B. Newland,
St. Aidan's Episcopal 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 11, 1976, to be presented for
approval and acceptance.
7. Items for Second Reading:
a. City Council is requested to approve on second reading an Ordinance
to appropriate funds to provide services for the treatment and re-
habilitation of alcoholic persons.
8. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the petition by resolution of the
City Council of the City of Virginia Beach for a change of zoning
from B-1 to R-8. City Council is further requested to approve the
petition by resolution of the City Council of the City of Virginia
Beacii for a change of zoning from R-8 to B-1. Both of these changes
are to correct drafting errors wich had been carried over from
previous years. Bayside Borough.
9. Letter from the City @'4anager transmitting the recommendation of the
Planning Commission for approval of the petition of Lakeside Con-
struction Corporation for a change of zoning from A-1 to R-5.
(Fairfield Area). Kempsville Borough.
10. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Lee Bond, FOP Lodge
#28 for a conditional use permit for a lodge. Kempsville Borough.
11. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Beth Sholom Home
of Virginia, Inc. a Virginia non-stock corporation, for a conditional use
permit for a 200 bed nursing home. (College Park area). Kempsville
Borough.
12. Letter from the City Manager transmitting the recommendation of the
Planning Commission for denial of the application of Exxon Corporation for
a conditional use permit fo-r an automobile ser@rice station. (Woodhurst
Area). Lynnhaven Borough.
13. Letter from the City Manager recommending approval of the following
ordinances:
a. Ordinance to amend and reordain Section 29-3 of the Code of the
City of Virginia Beach, Virginia, relating to sewer installation
fees.
b. Ordinance to amend and reordain Section 37-30 of the Code of the
City of Virginia Beach, Virginia, relating to water line fees.
14. Letter from the City Manager recommending approval of an ordinance
appointing viewers for the closure of a portion of Old Virginia Beach
Road (Virginia Beach Borough).
15. Letter from the City Nianager recommending approval of an ordinance
appointing viewers for the closure of portions of streets on the Midway
Plat (Kempsville Borough).
16. Letter from the City Manager recommending approval of the request
of Mr. Ivan Mapp, Commissioner of Revenue for a business license refund
in tiie amount of $25.00.
17. Letter from the City Manager recommending that City Council accept
tiie low bid of Cardinal Building Corp. in the amount of $93,900.00 for
tlie construction of a helicopter shop. We will reduce this figure to
$81,148 by eliminating some asphalt work. Funds are available.
18. Letter from the City Manager recommending approval of the following
Water/Sewer Agreements:
Type Subdivision
Water Haygood Shopping Center, Phase IV (Bayside Borough)
Water & Sewer Willow Wood (Kempsville Borough)
19. Old business, deferted from the previous meeting, including any report
of the Mayor or committees named by Council.
20. New business, including any presentations by Councilmen, citizens, and
organizations.
21. Motion for adjournment.
formal Council meeting.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGTNIA BEACH, VIRGINIA
October 18, 1976
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in the
Conference Room in the Administration Building, Princess Anne
Borough, on Monday, October 18, 1976, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, t4ayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Council Members absent: George R. Ferrell and J. Henry McCoy, Jr.
ITEM #10142
Mayor Holland entertained a motion to permit the Council to conduct
an informal discussion to be followed by an Executive Session for
the purpose of discussing personnel matters, and real estate.
On motion by Councilman Griffin, seconded by Councilman Baum,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Nleyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, JR.
City Council voted to proceed into Executive Session after Informal
Discussion.
ITEM #10143
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following Council Members present:
John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence
A. Holland, Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Council Members absent: George R. Ferrell and J. Henry McCoy, Jr.
The invocation will be given by the Reverend Robert B. Newland,
St. Aidan's Episcopal Church, followed by the Pledge of Allegiance.
ITEM #10144
On motion by Councilman Waterfield, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council voted to approve the minutes of the regular meeting of
October 11, 1976, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy, and noted that a correction
was made to indicate that Councilwoman Oberndorf did not attend the
Executive Session held on October 11, 1976, at the conclusion of the
formal Council meeting.
ITEM #10145
on motion by Councilwoman Oberndorf, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Council Members ' Jo-hn A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry @IcCoy, Jr.
City Council approved on second reading the following ordinance to
appropriate funds to provide services for the treatment and rehabilitation
of alcoholic persons:
AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
SERVICES FOR THE TREATMENT AND REHABILITATION
OF ALCOHOLIC PERSONS
WHEREAS, the City Council is interested in providing ser-vices
for the treatment and rehabilitation of alcoholic persons and,
WREREAS, the Bureau of Alcohol Studies and Rehabilitation
has agreed to pay the city an amount not to exceed twenty one
thousand, seven hundred twelve dollars and ninety two cents,
(21,712.92).
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BFACH, VIRGINIA:
That funds to provide services for the treatment and
rehabilitation of alcoholic persons be appropriated to the
Department of Mental Health as follows:
Salaries
Alcohol Coordinator $14,400
Alcoholism Counselor 10,512
Clerk-Stenographer 6,144
Travel/Training/Supplies/Rent 3,000
Fringe Benefits 2,985
Total Budget $37@041
That appropriated funds for the purposes specified herein
will be provided by the State $21,712, by transfer from the budget
of the Health Department $14,290 and by transfer from the General
Fund Reserve for Contingencies $1,039.
First Reading:- October 11, 1976
Second Reading: October 18 , 1976
Petition by resozution of the City Councit of the City of Virginia Beach for
a s
,qe of Zoning District CZas ification from B-Z Business-Resic-7entiaL
Di at to R_8 ResidentiaZ District to correct a drafting error @,hich had
been carried over from previous years on certain property located at the
Southeast corner of Seaview Avenue and Lauderdaze Avenue, running a distance
of IDO feet more or Zess along the South side of Lauderdale Avenue, run@lin,7
a distai2ce of 62 feet more or Zess along the Eastern property Zine, r,unning
a distance of ZOO feet more or less along the Southern property Zine and
running a distance of 75 feet more or Less azong the East side of Seaview
Avenue, Saill parcel. con"ains 6860 sqztar@ j-ec-I more or 'less.
P@ning co7mission Recounendation:
A motion Las passed unanimouszy by the PLanning Comission by a recorded vote
of 12 to approve this request.
On motion by Councilman Cromwell, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council voted to approve the petition by Resolution of the City
Council of the City of Virginia Beach for a Change of Zoning District
Classification from B-1 Business Residential District to R-8 Residential
District to correct a drafting error which had been carried over from
previous years:
ORDINANCE UPON PETITION BY RESOLUTION OF Z01076198
THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-1 Business Residential
District TO R-8 Residential District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition by resolution of the City Council of the City of Virginia
Beach for a Change of Zoning District Classification from B-1 Business
Residential District to R-8 Residential District to correct a drafting
error which had been carried over from previous years on certain pro-
perty located at the Southeast corner of Seaview Avenue and Lauderdale
Avenue, running a distance of 100 feet more or less along the South side
of Lauderdale Avenue, running a distance of 62 feet more or less along
the Eastern property line, running a distance of 100 feet more or less
along the Southern property line and running a distance of 7S feet more
or less along the East side of Seaview Avenue. Said parcel contains
6850 square feet more or less. Bayside Borough
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 18 day of October, 1976.
ITEM 910147
Petition by resolution of the City CounciL of the City of Virginia Beach for
a Cha strict Classification from R-8 Residential District to
B-1-B t a drafting error which had been
carried over from previous years on certain property Zocated on the North
side of Lookout Road beginning at a point 80 feet more or less Fast of Sea-
view Avenue, running a distance pf 62 feet azong the Plorth side of Lookout
Road, running a distance of ZOO feet along the Easterrz property Zine, running
a distance of 62 feet azong the Northern property line and running a distance
of 100 feet along the Weatern prooerty 'line. Saia varcel contains 6200
square feet more or Less. BAYSIDE BOROUGH.
Planning Coumission Reconvnen@icn:
A motion was passed unanimously by the PLanning Coumission by a recorded vote
of 12 to approve this request.
on motion by Councilman Cromwell, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R.Griffin, Mayor Clarenco A. @tolland, Meyera E-. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell, and J. Henry McCoy, Jr.
City Council approved the following ordinance upon petition by Resolution
of the City Council of the City of Virginia Beach for a Change of Zoning
District Classification from R-8 Residential District to B-1 Business
Residential District to correct a drafting etror which had been carried
over from previous years:
ORDINANCE UPON PETITION BY RESOLUTION OF THE Z01076199
CITY COUNCIL OF THE CITY OF VIRGINIA BEACH
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION.
FROM R-8 Residential District TO B-1 Business
Residential District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition by resolution of the City Council of the City of Virginia
Beach for a Change of Zoning District Classification from R-8 Residential
District to B-1 Business Residential District to correct a drafting error
which had been carried over from previous years on certain property located
on the North side of Lookout Road beginning at a point 80 feet more or less
east of Seaview Avenue, running a distance of 62 feet along the North side
of Lookout Road, running a distance of 100 feet along the Eastern property
line, running a distance of 62 feet along the Northern property line and
running a distance of 100 feet along the Western property line. Said
parcel contains 6200 square feet more or less. Bayside Borough.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the Citv of Virginia Beach, Virginia, on
the 18 day of October, 1976
ITEM 910148
Petition of Lakeside Construction Corporation for a Chanqe of Zoning District Clas-
sification from A-1 Apartment District to R-5 Residenti@a 6i-strict on certain prop-
erty ocated on the West side of Lord Dunmore Drive beginning at a point 200 feet
more or less North of Providence Road, running a distance of 500 feet along the
Southern property line, running a distance of 800 feet more or less along the West-
ern property line, running a distance of 480 feet more or less along the Northern
property line of which 215 feet more or less is the South side of Beaumont Drive
and running a distance of 800 feet more or less along the Eastern property line of
which 535 feet more or- less is the West side of Lord Dunmore Drive. Said parcel
contains 9.1/- acres. (Fairfield @@rea). KEMPSVILLE @@OROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Connission by a recorded vote of
13 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard site iniprovements as required by the Subdivision Ordinance.
2. City water and sewer.
3. There will be only one median opening permitted on Lord Dunmore Drive at the
southern E!ntrance of the proposed subdivision which is to align with the en-
trance to the shopping center on the east side of Lord Dunmore Drive.
4. The ditch along the western property line is to be piped.with an adequately
sized storm drain and a drainage easement is to be provided.
Mr. Joseph Lawler, Attorney, represented tlie petitioners
On motion by Vice Mayor Standing, seconded by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council approved the following ordinance upon petition of
Lakeside Construction Corporation for a Change of Zoning District
Classification from A-1 Apartment District to R-5 Residential District:
ORDINANCE UPON PEI'ITION OF LAKESIDE CONSTRUCTION Z010769,00
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 Apartment District TO
R-5 Residential District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that: Petition of Lakeside Construction Corporation for a Change of
Zoning District Classification from A-1 Apartment District to R-S
l@esidential District on certain property located on the West side of
Lord Dunmore Drive beginning at a point 200 feet more or less Nortil
of Providence Road, running a distance of 500 feet along the Southern
property line, rlinning a distance of 800 feet more or less along the
Western property line, running a distance of 480 feet more or less
along the Northern property line of which 21S feet more or less is tlie
South side of Beaumont Drive and running a distance of 800 feet more or
less along tlie Eastern property line of which 535 feet more or less is
ITEM #10149
Application of Lee Bond, FOP Lodge #28, for a Conditional Use Permit for a lodge
on certain property located on the South side of Bonney oa@egi-nning at a point
850 feet West of Bendix Road, running a distance of 80 feet along the South side
of Bonney Road, running a distance of 248.30 feet along the Western property line,
running a distance of 80 feet along the Southern property line and running a dis-
tance of 248.30 feet along the Eastern property line. Said parcel contains 19,864
square feet. KEMPSVILLE BOROUGH.
Planning Commission Reconnendation:
A motion was passed unanimously by the Planning Commission by a recarded vote of
13 to approve this request.
For the information of the applicant, prior to the issuance of a building pe-rmit,
the following will be r6quired by the administrative staff:
1. Standard site improvements as required by th@ Site Plan Ordinance.
2. City water and sewer.
3. Provision of I parking space per 100 square feet of floor area.
4. Provision of a 5 foot temporary construction ea.sement along the 80 foot
frontaqe on Bonney Road.
Mr. Grover C. Wright, Jr., Attorney, reprcsented the applicant.
on motion by Councilman Baum, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.
John R. Griffin, Mayor Clarence A. Holland, @leyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council adopted the following resolution upon application of
Lee Bond, FOP Lodge #28, for a Conditional Use Permit for a iodge:
RESOLUTION UPON APPLICATION OF LEE BOND FOP R01076082
LODGE #28, FOR A CONDITIONAL USE PERMIT FOR
A LODGE
Be it resolved by the Council of the City of Virginia Beach, Virginia,
that:
Application of Lee Bond, FOP Lodge #28, for a Conditional Use Permit
for a lodge on certain property located on the South side of Bonney
Road beginning at a point 850 feet West of Bendix Road, running a
distance of 80 feet along the South side of Bonney Road, running a
distance of 248.30 feet along the Western property line, running a
distance of 80 feet along the Southern property line and running a
distance of 248.30 feet along the Eastern property line. Said parcel
contains 19,864 square feet. Kempsville Borough.
For tlie information of the applicant, prior to the issuance of a building
permit, tlie following will be required by the administrative staff
1. Standard site improvements as required by the Site Plan
Ordinatic,
2. (-ity water and sewer
3. Provision of one (1) parking space per 100 square feet
of floor area.
4. Provision of a five foot temporary construction easement
along the 80 foot frontage on Bonney Road.
This resolution shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beacli, Virginia,
on the 18 day of October, 1976.
ITEM #101SO
Application of Beth Sholom Home of Virginia, Inc., a Virginia non-stock corporation,
for a Conditional Use Permit for a 200 bed nursing home on certain property located
at the Sout west c rne of C
@ 7-ollege Park Boulevard and Auburn Drive, running a dis-
tance of 650 feet more or less along the west side of College Park Boulevard, run-
ning a distance of 253-10 feet along the Southern property line, running a distance
of 659.59 feet in a Northwesterly direction, running a distance of 380 feet more or
less along the Western property line and running a distance of 680 feet more or les@
along the South side c,f Auburn Drive. Said parcel contains 9.385 acres. (Col'@ege
Park Area@l. KERAPSVILLE BOROUGH.
Planning Comission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote of
13 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A detailed open space plan for the complete project should be submitted with
future site plans.
4. The developers are to contribute one-fourth of the cost of the traffic signal
at Auburn Drive and Military Highway.
5. The nursing home shall be limited to a maxinium of 200 beds.
6. There shall be at least one (1) parking space per four (4) resident beds.
7. Due to the limited fire-fighting apparatus access on thesouthern and western
portions of this site as shown on the submitted site plan, the nursirig home
shall have full sprinkler protection with smoke detectors. (Applicant should
refer to BOCA Use Group I-2, Settions 1202.8 (sprinklers) and 1216.3.1 (auto
alarm)).
8. There shall be no vehicular parking spaces allowed in the designated fire
lanes as indicated on the submitted site plan.
Mr. Thomas McFall, Attorney, represente(I the applicants
On motion by Councilman Payne, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council adopted the following resolution upon application of
Beth Sholom Home of Virginia, Incorporated, a Virginia non-stock
corporation, for a Conditional Use Permit for a 200 bed nursing
home:
RESOLUTION UPON APPLICATION OF BETH SHOLOM R01076083
HO@IE OF VIRGINIA, INCORPOPATED, A VIRGINIA
NON-STOCK CORPOPATION, FOR A CONDITIONAL
USE PERMIT FOR A 200 BED NURSING HONIE.
Be it resolved by the Council of the City of Virginia Beach, Virginia,
that:
Application of Beth Sholom Home of Virginia, Incorporated, a Virginia
non-stock corporation, for a Conditional Use Permit for a 200 bed
nursing home on certain property located at the Soutilwest corner of
College Park Boulevard and Auburn Drive, running a distance of 6SO
feet more or less along the West side of College Park Boulevard,
running a distance of 253.10 feet along the Southern property line,
running a distance of 6S9.S9 feet in a Northwesterly direction, running
a distance of 380 feet more or less along the Western property line and
running a distance of 680 feet more or less along the South side of Auburn
Drive. Said parcel contains 9.385 acres. (College Park Area). Kempsville
Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
2. City water and sewer
3. A detailed open space plan for the complete project should
be submitted with future site plans.
4. The developers are to contribute one-fourth of the cost of
the traffic signal at Auburn Drive and Military Highway
5. The nursing home shall be limited to a maximum of 200 beds.
6. There shall be at least one (1) parking space per four (4)
resident beds.
7. Due to the limited fire-fighting apparatus access on the
southern and western portions of this site as shown on the
submitted site plan, the nursing home shall have full sprinkler
protection with smoke detectors. (Applicant should refer to
BOCA Use Group I-2, Sections 1202.8 (sprinklers) and 1216.3.1
(auto alarm).
8. There shall be no vehicular parking spaces allowed in the
designated fire lanes as indicated on submitted site plan.
This resolution shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 18 day of October, 1976
ITEM #101SI
Application of Exxon Corporation for a Conditional Use Permit for an automobile
service station on certain property locate at t e Ro-rtFeas-t corner of Great
Neck Road and First Colonial Road (Relocated), running a distance of 175 feet
along the East side of Great Neck Road, running a distance of 175 feet along the
Northern property line, running a distance of 175 feet along the Eastern property
line and runnin a distance of 1,75 feet along the North side of First Colonial
Road (Relocated@. Said property contains 30,625 square feet. (Woodhurst Area) ...
LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote
of 12 to deny this request. It was felt that this application is premature
until a plan is submitted for the remainder of this 27 acre parcel.
Mr. James Pickrell, Attorney, represented the applicants
On motion by Councilman Griffin, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. liolland, Nleyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council voted to adopt the following resolution upon application
of Exxon Corporation for a Conditional Use Permit for an automobile
service station:
RESOLUTION UPON APPLICATION OF EXXON R01076084
CORPORATION FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE SERVICE
STATION
Be it resolved by the Council of the City of Virginia Beach, Virginia,
that: Application of Exxon Corporation for a Conditional Use Permit
for an automobile service station on certain property located at the
Northeast corner of Great Neck Road and First Colonial Road (Relocated)
running a distance of 17S feet along the East side of Great Neck Road,
running a distance of 175 feet along the Northern property line, running
a distance of 175 feet along the Eastern property line and running a dis
tance of 175 feet along the North side of First Colonial Road (Relocated)
Said property contains 30,62S square feet. (Woodhurst Area). Lynnhaven
Borougli.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements
2. City water and sewer
3. This site shall be revised to indicate ingress and egress
drives of 3S feet between curb islands
4. The site plan shall conform to all requirements as listed
i.n Article 2, Section 224 of the Comprehensive Zoning Ordinance.
This resolution shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on tlie 18 day of October, 1976.
ITEM #10152
On motion by Councilman Waterfield, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council voted to approve the following ordinance to amend and
reordain Section 29-3 of the Code of the City of Virginia Beach,
Virginia, relating to sewer installation fees:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 29-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO SEWER INSTALLATION FEES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 29-3 of the Code of the City of Virginia Beach is amended as
follows:
Section 29-3. Fees.
The following sewer connection and installation fees shall be paid:
(a) Connection to a city sewer line (tap fee):
4" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ioo.oo
6" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00
Tap in excess of 6 ... . . . . . . . . . . . . . . Cost.of labor and materials
plus 20% of such cost
The following fees shall also be applicable to presently connected uses or
structures whenever a present use or structure is expanded, changed or modified. In
such cases, the fees shall be determined on the basis of the total proposed new uses
or structures, less a credit for the presently existing uses or structures at current
rates:
(b) Property owners' share of system installation, where connection is made to
a line or pumping station being a part of the system within the City installed or
purchased by the City (line fee);
(1) Single family residences, for the first 100'
frontage of parcel, or portion thereof . . . . . . . . . . . . $720.00
For each foot of frontage in excess of 1001, per foot . . . . . $ 9.00
In cases where the front footage is 1.5 or more times
greater than the rear yard footage, or vice versa, the
front footage for the purposes of this subsection shall
be determined by adding the front and rear yard lengths
and dividing that sum by 2. Whenever a sewer line is
located on two sides of a parcel, the shorter side shall
be the one upon which the determination of front footage
shall be calculated. Whenever a line is located on only
one side of a parcel, that side shall be used for the
purpose of front footage.
(2) Motels, and hotels, and structures with two or more
family residential units:
For the first unit . . . . . . . . . . . . . . . . . . . $720.00
For the next units to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $220.00
For the next units from 13-24 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $440.00
For the next units from 25-36 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $650.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(Calculated at two beds = one room) . . . . . . . . . . . . . . $155.00
(4) Trailers; per space . . . . . . . . . . . . . . . . . . . . . . $220.00
(5) Professional and office buildings; per 600 square feet
of building area . . . . . . . . . . . . . . . . I. . . . . . $155.00
(6) Retail stores and shopping centers; per square foot
of floor space . . . . . . . . . . . . . . . . . . . . . . . $ .10
(7) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use; per square foot of floor space . . . . . . . . . . . . . . $ .10
Separate warehouse facilities used for storage
only where no industrial, manufacturing, or
processing takes place; per square foot of floor
space . .,@ . . . . . . . . . . . . . . . . . . . . . . . . . . $ .02
(8) Restaurants - Establishments serving prepared food and drink:
For establishments with 1-10 seats; . . . . . . . . . . . . . @ $720.00
For establishments with 11-49 seats . . . . . . . . . . . . . . $720.00
plus fee per seat . . . . . I . . $ 20.00
For establishments with @O.sLa-ts.o.r m-o-re.; -fe-e p'e.r seat $ 35.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be determined by the Department
of Public Utilities, based on similar actual
flows of comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flow; then
(ii) This estimated daily flow will be divided by
400, yielding a demand units figure; then
(iii) This demand units figure will be multiplied by
the fee applicable to a single family residence.
(c) Property owners' share of system installation costs where connection is made
to a line or pump station being a part of a system within the City installed or pur-
chased overall in part by the city and in part by another party or parties.
These fees shall only apply when the property to be served is a portion of
the original property for which the sewer lines were installed by the private party
or parties. Further, fees in this section (c) shall not apply where connection is
made to lines purchased by the City of Virginia Beach.
(1) Single family residences; each . . . . . . . . . . . . . . $150.00
-2-
(2) Motels and hotels, and structures with two or more family
residential units:
For the first units up to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $Joo.oo
For all units over 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $150.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(calculated at two beds = one room) . . . . . . . . . . . . . . $ 75.00
(4) Trailers; per space . . . . . . . . . . . . . . . . . . . . . . $100.00
(5) Professional and office buildings;
per 600 square feet . . . . . . . . . . . . . . . . . . . . $ 75.00
(6) Retail stores and shopping centers; per square foot
of floor space . . . . . . . . . . . . . . . . . . . . . . . . $ .03
(7) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use; per square foot of floor space . . . . . . . . . . . . . . $ .03
Separate warehouse facilities used for storage
only where no industrial, manufacturing, or
processing takes place; fee per square foot of
floor space . . . . . . . . . . . . . . . . . . . . . . . . . . $ .01
(8) Restaurants - Establishments serving prepared food and drink:
For establishment with 1-10 seats;
Total fee . . . . . . . . . . . . . . . . . . . . . . . . . $150.00
For establishments with 11-49 seats . . . . . . . . . . . . . . $150.00
Plus fee per seat . . . . . . . . . . . . . . . . . . . . . . $ 4.00
For establishments with 50 seats or more;
Fee per seat . . . . . . . . . . . . . . . . . . . . . . . . $ 7.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be determined by the Department
of Public Utilities, based on similar actual
flows for comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flow; then
(ii) This estimated daily flow will be divided by
400, yielding a demand units figure; then
(iii) This demand units figure will be multiplied by
the fee applicable to a single family residence.
-3-
(2) Motels and hotels, and structures with two or more family
residential units:
For the first units up to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $100.00
For all units over 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $150.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(calculated at two beds = one room) . . . . . . . . . . . . . . $ 75.00
(4) Trailers; per space . . . . . . . . . . . . . . . . . . . . . . $100.00
(5) Professional and office buildings;
per 600 square feet . . . . . . . . . . . . . . . . . . . . $ 75.00
(6) Retail stores and shopping centers; per square foot
of floor space . . . . . . . . . . . . . . . . . . . . . . . . $ .03
(7) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use; per square foot of floor space . . . . . . . . . . . . . . $ .03
Separate warehouse facilities used for storage
only where no industrial, manufacturing, or
processing takes place; fee per square foot of
floor space . . . . . . . . . . . . . . . . . . . . . . . . . .$ .01
(8) Restaurants - Establishments serving prepared food and drink:
For establishment with 1-10 seats;
Total fee . . . . . . . . . . . . . . . . . . . . . . . . . $150.00
For establishments with 11-49 seats . . . . . . . . . . . . . . $150.00
Plus fee per seat . . . . . . . . . . . . . . . . . . $ 4.00
For establishments with 50 seats or more;
Fee per seat . . . . . . . . . . . . . . . . . . . . . . . . $ 7.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be determined by the Department
of Public Utilities, based on similar actual
flows for comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flow; then
(ii) This estimated daily flow will be divided by
400, yielding a demand units figure; then
(iii) This demand units figure will be multiplied by
the fee applicable to a single family residence.
-3-
(d) Special sewer line fee for seasonally operated camp sites,
parks connected to any main or interceptor; per camp space . . . . . . . . . . $100.00
(Provided that to obtain such fee, the owner shall enter into a
contract with the city providing that at such future time that
the camp park is converted to year round use, fees specified in
paragraphs (b)(4) or (c)(4) shall be applicable and the owner
shall pay the difference in such fees at time of conversion to
year round use.)
(e) Special sewer line fee for industrial users of process water when connected
to any main or interceptor.
Where process water is used, the line fee for the total water
use, both process and domestic, shall be based on the following
schedule, except that it shall not be less than in paragraphs
(b)(7) or (c)(7):
0 to 20,000 gallons per day = $205 per 400 gallons
20,001 to 25,000 gallons per day = 40 cents per gallon
25,001 to 50,000 gallons per day = 30 cents per gallon
50,001 to 75,000 gallons per day = 15 cents per gallon
All over 75,000 gallons per day = 6 cents per gallon
In order to obtain the special rates, the owner shall
pay an original fee based on the estimated flow for the
first year; and he shall enter into a contract with the
city wherein the owner shall agree to pay fees for
additional flows not previously paid for as determined
by average annual metered flow.
(f) In no event shall any line fee for any purpose enumerated in paragraphs (b)
through (e) above be less than the amount calculable if the fees in question were to
be determined for a single family residence. Where more than one use or more than one
structure is to occur on a single parcel of land, the minimum amount shall apply
separately to each individual use or structure.
(g) No building permit shall be valid nor shall any water or sewer tap be in-
stalled for any property until fees provided for in this section shall have been paid.
(h) In the case of existing contract agreements between owners and the city
regarding fees and waiver of fees, such agreements shall remain in effect.
(i) The Director of Public Utilities is hereby authorized to accept on behalf of
the city notes for the payment of such line fees as are due. The terms of such notes
shall be one fourth of the payment given as a down payment. with the remainder payable
in three equal, annual installments at a rate of interest of eight percent per annum.
Provided, however, that any customer who is chartered under the regulations of the
Internal Revenue Service as a non-profit organization and can prove such status, the
terms of the note to be accepted may provide for a one-fifth down payment, with the
balance due in four equal,annual installments, with a rate of interest at eight per-
cent per annum.
(i) The rates set forth herein shall be applicable to service that is contracted
for within sixty (60) days after the completion in ground of any future sewer line
designed for the use of the affected property.
Adopted by the Council of the City of Virginia Beach, Virginia, on the I 8th
day of October 1976.
AB/ci
9/ 29/ 76
-4-
I Itili 11 lulb@)
On motion by Councilman Waterfield, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council voted to approve the following ordinance to amend and
reordain Section 29-3 of the Code of the City of Virginia Beach,
Virginia, relating to sewer installati.on fees:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 29-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO SEWER INSTALLATION FEES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 29-3 of the Code of the City of Virginia Beach is amended as
follows:
Section 29-3. Fees.
The following sewer connection and installation fees shall be paid:
(a) Connection to a city sewer line (tap fee):
4" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00
6" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $135.00
Tap in excess of 6.. . . . . . . . . . . . . .Cost of labor and materials
I plus 25% of such cost
The following fees shall also be applicable to presently connected uses or
structures whenever a present use or structure is expanded, changed or modified. In
such cases, the fees shall be determitied on the basis of the total proposed new uses
or structures, less a credit for the presently existing uses or structures at current
rates:
(b) Property owners' share of system installation, where connection is made to
a line or pumping station being a part of the system within the City installed or
purchased by the City (line fee):
(1) Single family residences, for the first 100'
frontage of parcel, or portion thereof . . . . . . . . . . . $780.00
For each foot of frontage in excess of 100'; per foot . . . . $ 10.00
In cases where the front footage is 1.5 or more times
greater than the rear yard footage, or vice versa, the
front footage for the purposes of this subsection shall
be detemined by adding the front and rear yard lengths
and dividing that sum by 2. Whenever a sewer line is
located on two sides of a parcel, the shorter side shall
be the one upon which the determination of front footage
shall be calculated. Whenever a line is located on only
one side of a parcel, that side shall be used for the
purpose of front footage.
(2) Motels, and hotels, and structures with two or more family
residential units:
For the first unit . . . . . . . . . . . . . . . . . . . . . $780.00
For the next units to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . $240.00
For the next units froni 13-24 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . @475.00
For the next units from 25-36 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . $710.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(Calculated at two beds = one room) . . . . . . . . . . . . . $170.00
(4) Trailers; per space . . . . . . . . . . . . . . . . . . . . . $240.00
(5) Professional and office buildings; per 600 square feet
of building area . . . . . . . . . . . . . . . . . . . . . . $170.00
(6) Retail stores and shopping centers; per square foot
of floor space . . . . . . . . . . . . . . . . . . . . . . . $ .11
(7) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use; per square foot of floor space . . . . . . . . . . . . . $ .11
Separate warehouse facilities used for storage
only where no industrial, manufacturing, or
processing takes place; per square foot of floor
space . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ .02
(8) Restaurants - Establishments serving prepared food and drink:
For establishments with 1-10 seats . . . . . . . . . . . . . $780.00
For establishments with 11-49 seats . . . . . . . . . . . . . $780.00
plus fee per seat . . . . . . . . . . . . . . . . . . . . $ 22.00
For establishments with 50 seats or more; fee per seat . . . $ 38.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be determined by the Department
of Public Utilities, based on similar actual
flows of comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flow; then
(ii) This estimated daily flow will be divided by
400, yielding a demand units figure; then
(iii) This demand units figure will be multiplied by
the fee applicable to a single family residence.
(c) Property owners' share of system installation costs where connection is
made to a line or pump station being a part of a system within the City installed or
purchased overall in part by the city and in part by another party or parties.
These fees will be applied only when the property to be served is a portion of
the original property for which the sewer lines were installed by the private party or
parties. Further, fees in this section (c) shall not apply where connection is made to
lines purchased by the City of Virqinia Beach:
,2-
(I ) Single family residences; each . . . . . . . . . . . . . . . $150.00
(2) Motels and hotels, and structures with two or more family
residential units:
For the first units up to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . $100.00
For all units over 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . $150.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(Calculated at two beds = one room) . . . . . . . . . . . . . $ 75.00
(4) Trailers, per space . . . . . . . . . . . . . . . . . . . . . $ioo.oo
(5) Professional and office buildings;
per 600 square feet . . . . . . . . . . . . . . . . . . .$ 75.00
(6) Retail stores and shopping centers; per square foot
of floor space . . . . . . . . . . . . . . . . . . . . . . $ .03
(7) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use; per square foot of floor space . . . . . . . . . . . . . $ .03
Separate warehouse facilities used for storage
only where no industrial, manufacturing or
processing takes place; fee per square foot of
floor space . . @ . . . . . . . . . . . . . . . . . . . . . $ .01
(8) Restaurants Establishments serving prepared food and drink:
For establishments with 1-10 seats;
total fee . . . . . . . . . . . . . . . . . . $150.00
For establishments with 11-49 seats $150.00
plus fee per seat . . . . . . . . . . . . . . . . . . . . $ 4.00
For establishments with 50 seats or more;
fee per seat . . . . . . . . . . . . . . . . . . . . . . $ 7.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall be first determined by the Department
of Public Utilities, based on similar actual
flows for comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flow; then
(ii) This estimated daily flow will be divided by
400 yieldinq a demand units figure; then
-3,
(iii) This demand units figure will be multiplied by
the fee applicable for a single family residence.
(d) Special sewer line fee for seasonably operated camp sites,
parks connected to any main or interceptor; per camp space . . . . . . . $100.00
(Provided that to obtain such fee, the owner shall enter into a
contract with the city providing that at such future time that
the camp park is converted to year round use, fees specified in
paragraphs (b)(4) or (c)(4) shall be applicable and the owner
shall pay the difference in such fees at time of conversion to
year round use.)
(e) Special sewer line fee for industrial users of process water when connected
to any main or interceptor:
Where process water is used, the line fee for the total water use, both
process and domestic, shall be based on the following schedule, except
that it shall not be less than in paragraphs (b)(7) or (c)(7):
0 to 20,000 gallons per day = $205 per 400 gallons
20,001 to 25,000 gallons per day = 40 cents per gallon
25,001 to 50,000 gallons per day = 30 cents per gallon
50,001 to 75,000 gallons per day = 15 cents per gallon
All over 75,000 gallons per day = 6 cents per gallon
In order to obtain the special rates, the owner shall
pay an original fee based on the estimated flow for the
first year; and he shall enter into a contract with the
city wherein the owner shall agree to pay fees for
additional flows not previously paid for as determined
by average annual metered flow,
(f) In no event shall any line fee for any purpose enumerated in paragraphs (b)
through (e) above be less than the amount calculable if the fees in question were to
be detemined for a single family residence. Where more than one use or more than one
structure is to occur on a single parcel of land, the minimum amount shall apply
separately to each individual use or structure.
(g) No building permit shall be valid nor shall any water or sewer tap be in-
stalled for any property until fees provided for in this section shall have been paid,
(h) In the case of existing contract agreements between owners and the city
regarding fees and waiver of fees, such agreements shall remain in effect.
(i) The Director of Public Utilities is hereby authorized to accept on behalf of
the city notes for the payment of such line fees as are due, The terms of such notes
shall be one fourth of the payment given as a down payment. with the remainder payable
in three equal, annual installments at a rate of interest of eight percent per annum.
Provided, however, that any customer who is chartered under the regulations of the
Internal Revenue Service as a non-profit organization and can prove such status, the
tems of the note to be accepted may provide for a one-fifth down payment, with the
balance due in four equal, annual installments, with a rate of interest of eight
percent per annum.
(i) The rates set forth herein shall be applicable to service that is contracted
for more than sixty (60) days after the completion in ground of any future sewer line
designed for the use of the affected property, and on all existing sewer lines.
Adopted by the Council of the City ofvirginia Beach, Virginia, on the 18th
day of October 1976.
AB/ci
10/1/76
-4-
lit@t l@lUi@4
On motion by Councilman Waterfield, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr,,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterficid, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council voted to approve the following ordinance to amend and
reordain Section 37-30 of the Code of the City of Virginia Beach,
Virginia, relating to water line fees:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-30 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO WAFER LINE FEES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 37-30 of the Code of the City of Virignia Beach, Virginia, is
amended as follows:
Section 37-30. Fees.
The following water line connection and installation fees shall be paid:
(a) Connection to a city water line (tap fee):
3/4" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $210.00
1" Tap .. . .@ * * - * * * @ * * * * * , * * * * * , * * * @ * , @ $270.00
Tap in excess f i . . . . . . . . . . . . . . . Cost of labor and materials
plus 25% of such cost.
For 11/2" taps, $720.00 shall be placed in escrow by the applicant
and $840.00 for 2" taps shall be placed in escrow at the time of
application.
For taps in excess of 2@', the amount placed in escrow shall be
based on estimate of costs by the Director of Public Utilities.
In any case where fees are paid by check and the check is returned
for insufficient funds, the tap shall not be installed or if already
installed, the water service shall be discontinued until full payment
is received.
The following fees shall also be applicable to presently connected uses or struc-
tures whenever a present use or structure is expanded, changed or modified. In such
cases, the fees shall be determined on the basis of the total proposed new uses or
structures, less a credit for the presently existing uses or structures at current
rdtes:
(b) Property owners' share of system installation, where connection is made to
a line or pumping station being a part of the system within the City installed or
purchased by the City (line fee):
(1) Single family residences, for the first 100'
frontage of parcel, or portion thereof . . . . . . . . . . . . $480.00
For each foot of frontage in excess of 100', per foot . . . . $ 4.80
In cases where the front footage is 1.5 or more times
greater than the rear yard footage, or vice versa, the
front footage for the purposes of this subsection shall
be deteriflined by adding the front and rear yard lengths
and dividing that sum by 2. Whenever a water line is
located on two sides of a parcel, the shorter side shall
be the one upon which the determination of front footage
shall be calculated. Whenever a line is located on only
one side of a parcel, that side shall be used for the
(2) Motels, hotels and structures with two or more
family residential units:
For the first unit . . . . . . . . . . . . . . . . . . . . . . $480.00
For the next units to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . .$150.00
For the next units from 13-24 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . .$300.00
For the next units from 25-36 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . .$450.00
For all units over 36 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . .$480.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes, per room
(Calculated at 2 beds = 1 room) . . . . . . . . . . . . . . . $120.00
(4) Trailers, per space . . . . . . . . . . . . . . . . . . . . . $150.00
(5) Professional and office buildings, per 600 square
feet of building area . . . . . . . . . . . . . . . . . . . $120.00
(6) Retail stores and shopping centers;
per square foot of floor space . . . . . . . . . . . . . . . $ .085
(7) Industrial manufacturing, wholesale, assembly, processing
and distribution facilities domestic use; fee per square
foot of floor space . . . . . . . . . . . . . . . . . . . . . $ .085
Separate warehouse facilities used for storage only where
no industrial, manufacturing, or processing takes place
shall pay a fee of $.02 per square foot of floor space.
(8) Restaurants - Establishments serving prepared food and drink:
For establishments with 1-10 seats . . . . . . . . . . . . . . $480.00
For establishments with 11-49 seats . . . . . . . . . . . . . $480.00
plus fee per seat . @ * * @ - * * * * * - - - - - - - $ 14.00
For establishments with 50 seats or more; f@e p;r s;at . . . . $ 24.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be determined by the Department
of Public Utilities, based on similar actual
flows of comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flow; then
(ii) This estimated daily flow will be divided by
400, yielding a demand units figure; then
(iii) Thi, demand units figure will be multiplied by
the fee applicable to a single family residence.
-2-
(c Propet,ty owners' share of system installation costs whet-e -unrie--tiori is
1,
iiiade to line or punip station being a part of a system within the citv installed c@
pur-c@iased overall in part by the cityandin part by another r)arty o@, pirti(,s.
I
These fees shall only apply when the property to be se@,,i(-@d is i portion of
ttie original property for which the sewer lines were installed t).y t@i,-. private 1),,rly
or pdr,ties. Further, fees in this section (c) shall not apply w@ie-re. conne,,'
'S
iii,ide to lines purchased by the City of Virginia Beach.
(1) Single-family residence; each . . . . . . . . . . . . . . . .$190.(-.-)
(2) Motels, hotels and structures with two or more family residential units-
For the first units up to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . .$ 95.00
For all units over 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . .$190.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(Calculated at 2 beds = 1 room) . . . . . . . . . . . . . . .$ 9L,.OO
(4) Trailers; per space . . . . . . . . . . . . . . . . . . . . .$ 95.00
(5) Professional and office buildings; per 600 square
feet of building area . . . . . . . . . . . . . . . . . . .$ 95.00
(6) Retail stores and shopping centers; per square
foot of floor space . . . . . . . . . . . . . . . . . . . .$ .03
(7) Industrial manufacturing, wholesale, assembly, processing
and distribution facilities domestic use fee; per square
foot of floor space . . . . . . . . . . . . . . . . . . . . .$ .03
Separate warehouse facilities used for storage only where
no industrial, manufacturing, or processing takes place
shall pay a fee of $.01 per square foot of floor space.
(8) Restaurants - Estalbishments serving prepared food and drink:
For establishments with 1-10 seats;
total fee . . . . . . . . . . . . . . . . . . . . . . . . .$190.00
For establishments with 11-49 . . . . . . . . . . . . . . . .$190.00
plus fee per seat . . . . . . . . . . . . . . . . . . . . .$ 6.00
For establishments with 50 seats or more; fee per seat . . . .$ 10.00
(9) In all cases where the use or structure has not been
desc@-ibed hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be dtennined by the Department
of Public Utilities, based on similar actual
flows for comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estiniated
flow; then
-3-
(ii) This estirlated daily flow will be divided by
400, yielding a demand units figure; then
(iii) This demand units figure will be multiplied by
the fee applicable to a single family residence.
(d) Special line fee for seasonally operated camp site parks connected to any
city water main:
Per camp space . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65.00
Provided that to obtain such fee, the owner shall enter into a contract with
the city providing that at such future time that the camp park is converted to year-
round use, fees specified in paragraphs (b)(4) or (c)(4) of this section shall become
applicable and the owner shall pay the difference in such fees at time of conversion
to year-round use.
(e) Special line fee for industrial users of process water when connected to any
city main:
Where process water is used, the line fee for the total water
used, both process and domestic, shall be based on the follow-
ing schedule, except that it shall not be less than provided
under paragraphs (b)(1) or (c)(1) of this section, whichever
may be applicable:
0 to 20,000 gallons per day = $190 per 400 gallons.
20,001 to 25,000 gallons per day = 40 cents per gallon.
25,001 to 50,000 gallons per day = 28 cents per gallon.
50,001 to 75,000 gallons per day = 14 cents per gallon.
All over 75,000 gallons per day = 5 cents per gallon.
In order to obtain this special rate, the owner shall pay an original
fee based on the estimated flow for the first year and shall enter
into a contract with the city wherein the owner shall agree to pay
fees for additional flows not previously paid for as determined by
annual average metered flow.
(f) In no event shall any line fee for any purpose enumerated in paragraphs (b)
through (e) above be less than the amount calculable if the fees in question were to
be determined for a single-family residence. Where more than one use or more than one
structure is to occur on a single parcel of land, the minimum amount shall apply
separately to each individual use or structure.
(g) No building pernit shall be valid nor shall any water or sewer tap be in-
stalled for any property until fees provided for in this section shall have been paid.
(h) In the case of existing contract agreements between owners and the city
regarding fees and waiver of fees, such agreements shall remain in effect.
(i) The Director of Public Utilities is hereby authorized to accept on behalf of
the city notes for the payment of such line fees as are due. The terms of such notes
shall be one fourth of the payment given as a down payment, with the reinainder payable
in three equal, annual installments at a rate of interest of eight percent per annum.
Provided, however, that any customer who is chartered under the regulations of the
Internal Revenue Service as a non-profit organization and can prove such status, the
terms of the note to be accepted may provide for a one-fifth down payment, with the
balance due in four equal, annual installments, with a rate of interest at eight
percent per annum.
-4-
(k) The rates set forth herein shall be effective on all service that is
contracted for within sixty days after the completion in ground of any future water
lines designed for the use of the affected property.
This ordinance shall be effective as of
Adopted by the Council of the City of Virginia Beach, Virginia, on the 18th
day of October 1976.
ITEM #IOISS
on motion by Councilman Waterfield, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council voted to approve the following ordinance to amend and
reordain Section 37-30 of the Code of the City of Virginia Beach,
Virginia, relating to water line fees:
Ai@/@ j
lo/../ 76
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-30 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO WATER LINE FEES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 37-30 of the Code of the City of Virignia Beach, Virginia, is
amended as follows:
Section 37-30. Fees.
The following water line connection and installation fees shall be paid:
(a) Connection to a city water line (tap fee):
3/4" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . $220.00
1" Tap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $285.00
Tap in excess of 1 .. . . . . . . . . . . . . . . Cost of labor and materials
plus 25% of such cost.
For 11/2" taps, $750.00 shall be placed in escrow by the applicant
and $875.00 for 2" taps shall be placed in escrow at the time of
application.
For taps in excess of 2", the amount placed in escrow shall be
based on estimate of costs by the Director of Public Utilities.
In any case where fees are paid by check and the check is returned
for insufficient funds, the tap shall not be installed or if already
installed, the water service shall be discontinued until full payment
is received.
The following fees shall also be applicable to presently connected uses or struc-
tures whenever a present use or structure is expanded, changed or modified. In such
cases, the fees shall be determined on the basis of the total proposed new uses or
structures, less a credit for the presently existing uses or structures at current
rates:
(b) Property owners' share of system installation, where connection is made to
a line or pumping station being a part of the system within the City installed or
purchased by the City (line fee):
(1) Single family residences, for the first 1001
frontage of parcel, or portion thereof . . . . . . . . . . . . $500.00
For each foot of frontage in excess of 100', per foot . . . . $ 5.00
In cases where the front footage is 1.5 or more times
greater than the rear yard footage, or vice versa, the
front footage for the purposes of this subsection shall
be detemined by adding the front and rear yard lengths
and dividing that sum by 2. Whenever a water line is
located on two sides of a parcel, the shorter side shall
be the one upon which the determination of front footage
shall be calculated. Whenever a line is located on only
one side of a parcel, that side shall be used for the
purpose of front footage.
(2) Motels, hotels and structures with two or more
family residential units:
For the first unit . . . . . $500.00
For the next units to 12 unit; *pe; ,c;e'd;n;i*ty';
per unit or fraction thereof . . . . . . . . . . . . . . . . $160.00
For the next units from 13-24 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $315.00
For the next units from 25-36 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $470.00
For all units over 36 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . . $500.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes, per room
(Calculated at 2 beds = 1 room) . . . . . . . . . . . . . . . .$125.00
(4) Trailers, per space . . . . . . . . . . . . . . . . . . . . . $160.00
(5) Professional and office buildings, per 600 square
feet of building area . . . . . . . . . . . . . . . . . . . $125.00
(6) Retail stores and shopping centers;
per square foot of floor space . . . . . . . . . . . . . . . $ .09
(7) Industrial manufacturing, wholesale, assembly, processing
and distribution facilities domestic use; fee per square
foot of floor space . . . . . . . . . . . . . . . . . . . . . $ .09
Separate warehouse facilities used for storage only where
no industrial, manufacturing, or processing takes place
shall pay a fee of $.02 per square foot of floor space.
(8) Restaurants - Establishments serving prepared food and drink:
For establishments with 1-10 seats . . . . . . . . . . . . . . $500.00
For establishments with 11-49 seats . . . . . . . . . . . . . $500.00
plus fee per seat . . . . . . . . . . . . . . . . . . . . . $ 15.00
For establishments with 50 seats or more; fee per seat . . . . $ 25.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be determined by the Department
of Public Utilities, based on similar actual
flows of comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flow; then
(ii) This estimated daily flow will be divided by
400, yielding a demand units figure; then
(iii) This demand units figure will be multiplied by
the fee applicable to a single family residence.
-2-
(c) Property owners' share of system installation costs where connection is
made to a line or pump station being a part of a system within the city installed or
purchased overall in part by the city and in part by another party or parties.
These fees shall only apply when the property to be served is a portion of
the original property for which the sewer lines were installed by the private party
or parties. Further, fees in this section (c) shall not apply where connection is
made to lines purchased by the City of Virginia Beach.
(1) Single-family residence; each . . . . . . . . . . . . . . . .$190.00
(2) Motels, hotels and structures with two or more family residential units:
For the first units up to 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . .$ 95.00
For all units over 12 units per acre density;
per unit or fraction thereof . . . . . . . . . . . . . . . .$190.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(Calculated at 2 beds = 1 room) . . . . . . . . . . . . . . .$ 95.00
(4) Trailers; per space . . . . . . . . . . . . . . . . . . . . .$ 95.00
(5) Professional and office buildings; per 600 square
feet of building area . . . . . . . . . . . . . . . . . . .$ 95.00
(6) Retail stores and shopping centers; per square
foot of floor space . . . . . . . . . . . . . . . . . . . .$ .03
(7) Industrial manufacturing, wholesale, assembly, processing
and distribution facilities domestic use fee; per square
foot of floor space . . . . . . . . . . . . . . . . . . . . .$ .03
Separate warehouse facilities used for storage only where
no industrial, manufacturing, or processing takes place
shall pay a fee of $.01 per square foot of floor space.
(8) Restaurants - Estalbishments serving prepared food and drink:
For establishments with 1-10 seats;
total fee . . . . . . . . . . . . . . . . . . . . . @ . . $190.00
For establishments with 11-49 . . . . . . . . . . . . . . . .$190.00
plus fee per seat . . . . . . . . . . . . . . . . . . . . .$ 6.00
For establishments with 50 seats or more; fee per seat . . . .$ 10.00
(9) In all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
(i) The estimated daily flow of the proposed use
shall first be dtemined by the Department
of Public Utilities, based on similar actual
flows for comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flow; then
-3-
(ii) This estimated daily flow will be divided by
400, yielding a demand units figure; then
(iii) This demand units figure will be multiplied by
the fee applicable to a single family residence.
(d) Special line fee for seasonally operated camp site parks connected to any
city water main:
Per camp space . . . . . . . . . . . . . . . . . . . . . . . . . . . @ 70.00
Provided that to obtain such fee, the owner shall enter into a contract with
the city providing that at such future time that the camp park is converted to year-
round use, fees specified in paragraphs (b)(4) or (c)(4) of this section shall become
applicable and the owner shall pay the difference in such fees at time of conversion
to year-round use.
(e) Special line fee for industrial users of process water when connected to any
city main:
Where process water is used, the line fee for the total water
used, both process and domestic, shall be based on the follow-
ing schedule, except that It shall not be less than provided
under paragraphs (b)(1) or (c)(1) of this section, whichever
may be applicable:
0 to 20,000 gallons per day = $190 per 400 gallons.
20,001 to 25,000 gallons per day = 40 cents per gallon.
25,001 to 50,000 gallons per day = 28 cents per gallon.
50,001 to 75,000 gallons per day = 14 cents per gallon.
All over 75,000 gallons per day = 5 cents per gallon.
In order to obtain this special rate, the owner shall pay an original
fee based on the estimated flow for the first year and shall enter
into a contract with the city wherein the owner shall agree to pay
fees for additional flows not previously paid for as determined by
annual average metered flow.
(f) In no event shall any line fee for any purpose enumerated in paragraphs (b)
through (e) above be less than the amount calculable if the fees in question were to
be determined for a single-family residence. Where more than one use or more than one
structure is to occur on a single parcel of land, the minimum amount shall apply
separately to each individual use or structure.
(g) No building permit shall be valid nor shall any water or sewer tap be in-
stalled for any property until fees provided for in this section shall have been paid.
(h) In the case of existing contract agreements between owners and the city
regarding fees and waiver of fees, such agreements shall remain in effect.
(i) The Director of Public Utilities is hereby authorized to accept on behalf of
the city notes for the payment of such line fees as are due. The terms of such notes
shall be one fourth of the payment given as a down payment, with the remainder payable
in three equal, annual installments at a rate of interest of eight percent per annum.
Provided, however, that any customer who is chartered under the regulations of the
Internal Revenue Service as a non-profit organization and can prove such status, the
terms of the note to be accepted may provide for a one-fifth down payment, with the
balance due in four equal, annual installments, with a rate of interest at eight
percent per annum.
-4-
(k) The rates set forth herein shall be applicable to service that is contracted
for more than sixty (60) days after the completion in ground of any future water line
designed for the use of the affected property, and on all existing water lines.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 1976.
ITEM #lOlS6
On motion by Councilman Cromwell, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. lfolland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council approved the following ordinance appointing viewers
relative to the closing of a portion of Old Virginia Beach Road,
in the City of Virginia Beach, Virgiiii,a:
ORDIN,ANCE
THE CITY COUNCIL OF THE CITY OV
VIRGiNIA BEACH, VIRGINIA, DOES ORDAIN AS FOLLOWS:
The following persons are appointed as viewers to
view, inspect and examine the street known as Old Virginia
Beach Road located between Park Avenue, 22nd Street, and
21st Street and Cypress Avenue in the City of Virginia Beach
and specifically that portion as shown on the plat attached
to the Petition of Fine Investment Company, Incorporated,
requesting the discontinuance, closing and abandonmeht of a
portion of Old Virginia Beach Road and to report to the City
of Virginia Beach their findings as to whdthdt th6 discontinuance,
closing and abandoriment of subject road is in thd best interest
of thb City of Virginia Beach and whether the closing of subject
road will have an advetse effect on any of the abutting land
owners or citizens of Virginia Beach:
@Mr. C.: Qral @Lamb;e;rt,
:Mr.; @Ge@orge@ E. @Ti;nne@s
;Mr.; Rob@ert J,.; ;Sc-ott
This ordinance shall take effect and be ehf6rced
from and after its passage and publication in accordance with
law.
Passed by the City Council of the City of Virginia
Beach, Virginia, on the 18th day of October, 1976.
ATT
TO FORM:
PETITION FOR THE DISCONTINUANCE,
CLOSING, AND ABANDONMENT
OF A PORTION OF OLD VIRGINIA BEACH ROAD
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
TO: The Honorable City Council for the City of Virginia Beach;
NOW COMES your petitioner and respectfully represents
unto this Honorable Council as follows:
1. That your petitioner is the owner of three certain
parcels of land located in the City of Virginia Beach, Virginia,
as follows:
PARCEL ONE: That piece or parcel of land bounded
on the north by 22nd Street, on the west by Parks Avenue, and on
the south by Old Virginia Beach Road, more particularly
described in Deed Book 303, atppage 479, in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia,
as Parcel 3.
PARCEL TWO: That parcel of land bounded on the east
by Cypress Avenue, formerly Caspian Avenue, on the south by
21st Street and on the west and north by old Virginia Beach
Road and more particularly described as Parcel 2 in the property
conveyed by general warranty deed dated 2 June 1952 and recorded
5 June 1952 at Deed Book 303, page 479, in the Circuit Court
of the City of Virginia Beach, Virginia.
PARCEL THREE: That parcel of land bounded on the
south by 21st Street, on the east and north by old Virginia
Beach Road, and on the west by property belonging to Ashton H.
Pully, Jr., and more particularly described in special warranty
deed dated 5 July 1973 and recorded 6 July 1973 in Deed Book
1360, at page 268, in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia.
2. That there exists a portion of Old Virginia Beach
Road which adjoins and abuts the above said parcels owned by
your petitioner, the street being particularly described as
being situated between Parcel One, Parcel Two, and Parcel Three.
3. That all of the property constituting the above-
said parcels is located and situated in the City of Virginia
Beach, Virginia.
4. That the abovesaid parcels are all of the property
which adjoins or abuts said street, all of which is owned by
your petitioner except the property of Ashton H. Pully, Jr.,
which abuts the southern side of old Virginia Beach Road from
the eastern side of Parks Avenue eastward a distance of 58.46
feet.
5. That your petitioner is desirous of having closed
and vacated the aforesaid street which is on the property of
your petitioner and which is described as follows:
Beginning at a point on the eastern side of Parks
Avenue, said point being a distance of 155.51'
measured along the eastern side of Parks Avenue
S 130 501 59@' E from the southeast corner of the
intersection of Parks Avenue and 22nd Street, thence
N 580 331 01" B along the northern side of Old
Virginia Beach Road a distance of 123.251 (calculated)
to a point, thence N 400 511 0111 E along the northern
side of Old Virginia Beach Road a distance of 131.64'
to a point, thence N 49* 39' 01" E along the northern
side of Old Virginia Road a distance of 94.411
to a point on the southern side of 22nd Street,
thence N 76* 091 01" E along the prolongation of
the southern line of 22nd 8treet a distance of
160.45' to the southwest intersection of 22nd Street
and Cypress Avenue, formerly Caspian Avenue, thence
along a curve to the left having a radius of 202.62'
(calculated) along the eastern line of old Virginia
Beach Road an arc distance of 179.14' (calculated)
to a point of compound curvature, thence along
a curve to the left having a radius of 110.01 along
the eastern line of Old Virginia Beach Road an
arc distance of 96.791 to a point of tangency,
thence S 31@ 481 E a distance of 118.661 to a point
on the northern side of 21st Street, thence S 76*
09' 01" W along the prolongation of the northern
line of 21st Street a distance of 33.01 to a point
on the western side of Old Virginia Beach Road,
thence N 31* 481 W along the western line of Old
Virginia Beach Road a 6istance of 48.171 to a point
of curvature, thence along a curve to the left
having a radius of 124.78' along the western line
of Old Virginia Beach Road an arc distance of 202.53
to a point of tangency, thence S 550 121 W along
the southern line of Old Virginia Beach Road a
distance of 76.0' to a point, thence S 61' 41'
53" W along the southern line of Old Virginia Beach
Road a distance of 58.461 to a point on the eastern
side of ParkS Avenue, thence N 201 371 35" W along
the prolongation of the eastern line of Parks Avenue
a distanc6 of 45.591 to the point of beginning.
Said portion of Old Virginia Beach Road to be vacated,
closed and abandoned being shown on the attached extract of
Map Book 4 showing said street and as outlined in red thereon.
6. That your petitioner is desirous of effecting
said closing and vacation to create a homogeneous tract of
land, thereby rendering said parcel amenable to its highest
and best use.
7. That no property of any other person shall or will
be adversely affected by the closing and vacation of street
as aforesaid.
8. That pursuant to Section 15.1-364 of the Code of
Virginia, your petitioner has posted notice of his intended
application to this Honorable Council at the Circuit Court Of
the City of Virginia Beach, Virginia, the General District
Court of the City of Virginia Beach, Virginia, and at one other
public place in the City of Virginia Beach, Virginia, at least
ten (10) days before the presenting of this Petition as
provided by statute.
NOW, THEREFORE, your petitioner respectfully requests
that the Council appoint three (3) persons to act as viewers
to view said street and report in writing to the Council on
or before the next regular meeting thereof, whether in their
opinion, what inconvenience, if any, would result from the
discontinuing of said street. In the event the report of
said viewers is favorable to your petitioner's request and no i
inconvenience would result from said closing, your petitioner
respectfully requests that this Honorable Council may enact
an ordinance discontinuing, closing and vacating said street
in accordance with this Petition.
Respectfully submitted,
FINE INVESTMENT COMPANY, INCORPORATEP
By
Of Counsel
LEWIS ALLEN
Fine, Fine, Legum and Fine
720 Law Building
Norfolk, Virginia 23510
ITEM #10157
On motion by Councilman Waterfield, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, MayOr Clarence A. Holland, @leyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfieid, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
CitY COuncil approved the following ordinance appointing viewers
relative to the closing of portions Of West Virginia Avenue, Virginia
Avenue, Maryland Avenue, Pennsylvania Avenue, First Street and Third
Street, Plat of Midway, Kempsville Borough, Virginia Beach, Virginia:
11
ORDINANCE APPOINTING VIEWERS
WHEREAS, PINE ACRE, INC. has given due and proper notice, in
,accord with the statutes with such cases made and provided, that it 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 from the
discontinuing of hereinafter described portions of streets in the Kempsville
Borough, City of Virginia Beach, Virginia, and have filed such application
with said Council;and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
IVIRGINIA BEACH, VIRGINIA
TI-IAT, C. Oral Lambert, George E. Tinnes, and Robert
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 November 9, 1976, and
@subsequently to the Council whether in their opinion any, and if any, what
@inconvenience would result from the discontinuing, closing and vacating of
Ithose certain portions of streets located in the Kempsville Borough, City
of Virginia Beach, Virginia, and described as follows:
FIRST: Those certain portions of West Virginia Avenue
as follows, to-wit: That portion of West Virginia Avenue
lying to the West of Lots 16 and 17 in Block 14 and to
the South of Lots 23, 24, and 25 in Block 15 on the plat
of Midway; that portion of West Virginia Avenue lying to
the West of Lots 13, 14, 15, 16 and 17 in Block 11 and
East of Lots 18, 19, 20, 21 and 22 in Block 10 on the
plat of Midway; and that portion of West Virginia Avenue
lying to the West of all of Block 2 and East of all of
Block 3 as shown on the plat of tlidway, the aforesaid
plat of Midway being duly of record in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 7 at Page 130, a copy of said plat being hereto
attached.
SECOND: Those certain portions of Virginia Avenue as
follows, to-wit: That portion of the said Virginia
Avenue lying to the West of all of Block 15 and to the
South of all of Block 16 as shown on the aforesaid plat
R.o.Es N.W.@S.N of Midway; that portion of Virginia Avenue lying to the
West of all of Block 10 and South of all of Block 9 as
shown on the said plat of Midway; and that portion of
Virginia Avenue lying to the West of all of Block 3 and
to the South of all of Block 4 as shown on the said plat
of Midway, said parcels being more particularly described
on the plat hereinabove referenced.
THIRD: Those certain portions of Maryland Avenue as
follows, to-wit: That portion of Maryland Avenue which
may lie to the West of Lot 1 in Block 21 and South of
Lots 31 and 32 in Block 20 as shown on the plat of Midway,
said Southern boundary being the Northern right of way
line of the Virginia Beach-Norfolk Expressway; that portion
of Maryland Avenue whicb lies to the West of all of Block
16 and to the East of all of Block 17 as shown on the plat
of Midway; that portion of Maryland Avenue which lies to
the West of Lots 6 through 17, both inclusive, in Block 9
and to the South of Lots 18 through 29, both inclusive,
in Block 8, as shown on the plat of Midway; and that
portion of Maryland Avenue which lies to the West of all
of Block 4 and to the South of all of Block 5, as shown
on the plat of Midway, said parcels being more particularly
described on the plat hereinabove referenced.
FOURTH: Those certain portions of Pennsylvania Avenue
as follows, to-wit: That portion of Pennsylvania Avenue
which lies to the West of Lots 1, 2, 3 and 4 in Block 20
and to the South of Lots 1, 2, 3 and 4 in Block 19 as
shown on the plat of Midway; that portion of Pennsylvania
Avenue which lies to the West of all of Block 17 and to
the South of all of Block 18 as shown on the plat of Midway;
and that portion of Pennsylvania Avenue which lies to the
West of Lots 6 through 12, both inclusive, in Block 8 and
to the South of Lots 6 through 12, both inclusive, in
Block 7 as shown on the plat of Midway, said parcels being
rnore particularly described on the plat hereinabove referenced.
FIFTH: Those certain portions of First Street as follows,
to-wit: That portion of First Street which lies to the South
of Lots 20 and 21 in Block 3 and to the North of Lots I and
34 in Block 10 on the plat of Midway; that portion of First
Street which lies to the South of Lot 21 in Block 4 and
to the North of Lot 34 in Block 9 as shown on the plat of
Midway; and that portion of First Street which lies to the
South of Lot 19 in Block 6 and to the North of Lot 1 in
Block 7 as shown on the plat of Midway, said parcels being
more particularly described on the plat hereinabove referenced.
SIXTH: Those certain portions of Third Street as follows,
to-wit: That portion of Third Street which lies to the South
of Lots 20 and 21 in Block 16 and North of the Northern right
of way line of the Virginia Beach-Norfolk Expressway on
the plat of Midway; that portion of Third Street which lies
to the South of Lots 20 and 21 in Block 17 and to the North
of Lots I and 32 in Block 20 as shown on the plat of Midway;
and that portion of Third Street which lies to the South
of Lots 20 in Block 18 and to the North of Lot 1 in Block
19 as shown on the plat of Midway, said parcels being more
particularly described on the plat hereinabove referenced.
REPORT OF VIEWERS
s ...W@@S.N We, the undersigned viewers, having viewed the below described
.@I.RN@l. @@ I.W
ll..IN.@ property, to-wit:
FIRST: Those certain portions of West Virginia Avenue as
follows, to-wit: That portion of West Virginia Avenue
lying to the West of Lots 16 and 17 in Block 14 and to the
South of Lots 23, 24, and 25 in Block 15 on the plat of
Midway; that portion of West Virginia Avenue lying to the
West of Lots 13, 14, 15, 16 and 17 in Block 11 and East of
Lots 18, 19, 20, 21 and 22 in Block 10 on the plat of Midway;
and that portion of West Virginia Avenue lying to the West
of all of Block 2 and East of all of Block 3 as shown on
the plat of Midway, the aforesaid plat of Midway being duly
of record in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 7 at
Page 130, a copy of said plat being hereto attached.
BLCOND: Those certain portions of Virginia Avenue as follows,
to-wit: That portion of the said Virginia Avenue lying to
the West of all of Block 15 and to the South of all of
Block 16 as shown on the aforesaid plat of Midway; that
portion of Virginia Avenue lying to the West of all of
Block 10 and South of all of Block 9 as shown on the said
plat of Midway; and that portion of Virginia Avenue lying
to the West of all of Block 3 and to the South of all of
Block 4 as shown on the said plat of Midway, said parcels
being more particularly described on the plat hereinabove
referenced.
THIRD: Those certain portions of Maryland AVenue as follows,
to-wit: That portion of Maryland Avenue which may lie to
the West of Lot 1 in Block 21 and South of Lots 31 and 32
in Block 20 as shown on the plat of Midway, said Southern
boundary being the Northern right of way line of the Virginia
Beach-Norfolk Expressway; that protion of Maryland Avenue
which lies to the West of all of Block 16 and to the East
of all of Block 17 as shown on the plat of Midway; that
portion of Maryland Avenue which lies to the West of Lots 6
through 17, both inclusive, in Block 9 and to the South of
Lots 18 through 29, both inclusive, in Block 8, as shown
on the plat of Midway; and that portion of Maryland Avenue
which lies to the West of all of Block 4 and to the South
of all of Block 5, as shown on the plat of Midway, said
parcels being more particularly described on the plat
hereinabove referenced.
FOURTH: Those certain portions of Pennsylvania Avenue as
follows, to-wit: That portion of Pennsylvania Avenue which
lies to the West of Lots 1, 2, 3 and 4 in Block 20 and to
the South of Lots 1, 2, 3 and 4 in Block 19 as shown on
the plat of Midway; that portion of Pennsylvania Avenue
which lies to the West of all of Block 17 and to the South
of all of Block 18 as shown on the plat of Midway; and
that portion of Pennsylvania Avenue which lies to the West
of Lots 6 through 12, both inclusive, in Block 8 and to
the South of Lots 6 through 12, both inclusive, in Block 7
as shown on the plat of Midway, said parcels being more
particularly described on the plat hereinabove referenced.
FIFTH: Those certain portions of First Street as follows,
to-wit: That portion of First Street which lies to the
South of Lots 20 and 21 in Block 3 and to the North of
Lots 1 and 34 in Block 10 on the plat of Midway; that
RmoDas ... WATSON portion of First Street which lies to the South of Lot 21
in Block 4 and to the North of Lot 34 in Block 9 as shown
on the plat of Midway; and that portion of First Street
which lies to the South of Lot 19 in Block 6 and to the North
of Lot 1 in Block 7 as shown on the plat of Midway, said
parcels being more particularly described on the plat
hereinabove referenced.
SIXTH: Those certain portions of Third Street as follows,
to-wit: That portion of Third Street which lies to the
South of Lots 20 and 21 in Block 16 and North of the
Northern right of way line of the Virginia Beach-Norfolk
Expressway on the plat of Midway; that portion of Third
Street which lies to the South of Lots 20 and 21 in Block
17 and to the North of Lots I and 32 in Block 20 as shown
on the plat of Midway; and that portion of Third Street which
lies to the South of Lot 20 in Block 18 and to the North
of Lot 1 in Block 19 as shown on the plat of Midway, said
parcels being more particularly described on the plat
hereinabove referenced.
AND it is our opinion that no inconvenience to the public would
result in discontinuing, closing and vacating the above described street
areas.
DATE:
RHODES WATSO.
.TT .... AT IAW
V.@.l@.A ..A.., VI..@.@.
IN THE MATTER OF: CLOSING, VACATING
AND DISCONTINUING PORTIONS OF WEST
VIRGINIA AVENUE, VIRGINIA AVENUE,
MARYLAND AVENUE, PENNSYLVANIA AVENUE, PETITION
FIRST STREET, AND THIRD STREET, PLAT
OF MIDWAY, KEMPSVILLE BOROUGH, VIRGINIA
BEACH, VIRGINIA
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH
Your petitioner, Pine Acre, Inc., 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 petitioner applies for the
vacating, closing and discontinuing of those certain streets situate in
the City of Virginia Beach, Virginia, and being more particularly described
as follows:
FIRST: Those certain portions of West Virginia Avenue
as follows, to-wit: That portion of West Virginia Avenue
lying to the West of Lots 16 and 17 in Block 14 and to
the South of Lots 23, 24, and 25, in Block 15 on the plat
of Midway; that portion of West Virginia Avenue lying to
the West of Lots 13, 14, 15, 16 and 17 in Block 11 and
East of Lots 18, 19, 20, 21 and 22 in Block 10 on the
plat of Midway; and that portion of West Virginia Avenue
lying to the West of all of Block 2 and East of all of
Block 3 as shown on the plat of Midway, the aforesaid
plat of Midway being duly of record in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 7 at Page 130, a copy of said plat being hereto
attached.
SECOND: Those certain portions of Virginia Avenue as
follows, to-wit: That portion of the said Virginia Avenue
lying to the West of all of Block 15 and to the South of
all of Block 16 as shown on the aforesaid plat of Midway;
that portion of Virginia Avenue lying to the West of all
of Block 10 and South of all of Block 9 as shown on the
said plat of Midway; and that portion of Virginia Avenue
lying to the West of all of Block 3 and to the South of all
of Block 4 as shown on the said plat of Midway, said parcels
being more particularly described on the plat hereinabove
referenced.
THIRD: Those certain portions of Maryland Avenue as follows,
to-wit: That portion of Maryland Avenue which may lie to
the West of Lot 1 in Block 21 and South of Lots 31 and
32 in Block 20 as shown on the plat of Midway, said Southern
boundary being the Northern right of way line of the Virginia
Beach-Norfolk Expressway; that portion of Maryland Avenue
which lies to the West of all of Block 16 and to the East
of all of Block 17 as shown on the plat of Midway; that
RH.... AND WAIS.N portion of Maryland Avenue which lies to the West of Lots
All.@@.I. A@ IA. 6 through 17, both inclusive, in Block 9 and to the South
11@.@.IA B.A... VIR.I.IA of Lots 18 through 29, both inclusive, in Block 8, as shown
on the plat of Midway; and that portion of Maryland
Avenue which lies to the West of all of Block 4 and to the
South of all of Block 5, as shown on the plat of Midway,
said parcels being more particularly described on the plat
hereinabove referenced.
FOURTH: Those certain portions of Pennsylvania Avenue as
follows, to-wit: That portion of Pennsylvania Avenue
which lies to the West of Lots 1, 2, 3 and 4 in Block 20
and to the South of Lots 1, 2, 3 and 4 in Block 19 as
shown on the plat of Midway; that portion of Pennsylvania
Avenue which lies to the West of all of Block 17 and to
the South of all of Block 18 as shown on the plat of
Midway; and that portion of Pennsylvania Avenue which lies
to the West of Lots 6 through 12, both inclusive, in Block
8 and to the South of Lots 6 through 12, both inclusive,
in Block 7 as shown on the plat of Midway, said parcels
being more particularly described on the plat hereinabove
referenced.
FIFTH: Those certain portions of First Street as follows,
to-wit: That portion of First Street which lies to the
South of Lots 20 and 21 in Block 3 and to the North of
Lots 1 and 34 in Block 10 on the plat of Midway; that
portion of First Street which lies to the South of Lot
21 in Block 4 and to the North of Lot 34 in Block 9 as
shown on the plat of Midway; and that portion of First
Street which lies to the South of Lot 19 in Block 6 and
to the North of Lot 1 in Block 7 as shown on the plat of
Midway, said parcels being more particularly described
on the plat hereinabove referenced.
SIXTH: Those certain portions of Third Street as follows,
to-wit: That portion of Third Street which lies to the
South of Lots 20 and 21 in Block 16 and North of the
Northern right of way line of tbe Virginia Beach-Norfolk
Expressway on the plat of Midway; that portion of Third
Street which lies to the South of Lots 20 and 21 in
Block 17 and to the North of Lots I and 32 in Block 20
as shown on the plat of Midway; and that portion of Third
Street which lies to the South of Lot 20 in Block 18 and
to the North of Lot I in Block 19 as shown on the plat
of Midway, said parcels being more particularly described
on the plat hereinabove referenced.
2. That no inconvenience will result to any person by reason
of said closing, vacation and discontinuance of said streets and Petitioner
prays that this Honorable Council appoint viewers as provided by the afore-
said statute to view these portions of said streets proposed to be closed,
and report in writing to the Planning Commission of the City of Virginia
Beach, Virginia, on or before the 9th day of November, 1976, 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 streets
RHOD.S ... WATSO. heretofore described.
.TT .... 1. T IAW
@l..@@IA B@A... VIR.I.IA
Ayes: Louncii iviemders jurin A. j5auiii, L@VUUI L D.
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, aild
Floyd E. Waterfield, Jr.
3. That on the day of 1976,
Notices of the Presenting of this 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 Donald H. Rhodes,
President of Pine Acre, Inc., attached hereto, and that the landowners
along and adjacent to said streets desire and request said streets to be
closed, inasmuch as the petitioner herein is the abutting owner of all
of said property.
PINE ACRE, INC.
Respectfully submitted,
,y
Donald H. Rhodes, President
ITEM #lOlS8
on motion by Councilman Payne, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, Meyera E. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, aiid
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council approved the following business license refund in the
amount of $25.00:
RHO.E. AND WATS.N
ll...N.A .@A... VIR.I@.A
J.B!!.@S@,O'i CITY A(rTOP',T-r,v.
1,1976
OF -F@ P-EVPtiliE DATE OCTOBER i
I p I -
@---@i-r@CT:-;,PPTIC,.T!C'T FOP IICEI,'SE PE@'U'll)
FOTTOYING APPT@--CATIONS FOR REFU@ID AS SH 25.00,
@V@N D.MAPP,COM&ISFIONER OF E@V.
'IA'- BASI INTEREST I TOTAL
T, ICE TISE I)ATE PAID PENAT,TY
YEAR - -
BOBBY '@ IT KE RS ON & I
00.00 $25.00
JOHN L'cCO.7-@TT. 1976-77 SEPT.1,1976 2500.1)0 oo.r)o
'FOTI@L J@'G BY CITY C OiJ t:C, I T
r, T 4
CITY Cl@;l;
The following bids were received for the construction of a helicopter
shop:
Cardinal Building Corporation $ 93,900.00
Shirley Construction 94,904.00
W. A. Hall 95,240.00
L. J. Hoy 96,369.00
J. G. Whorton and Son 96,663.00
G. L. Cline and Son 97,000.00
Ingham and Associates 97,600.00
C. L. Pincus, Jr. 97,800.00
E. T. Gresham 111,S24.00
(Architect's Estimate - $81,500.00)
On motion by Vice Mayor Standing, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Curtis Payne,
R. L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Council voted to accept the low bid of Cardinal Building Corporation,
in the amount of $93,900.00, for the construction of a helicopter shop;
it was noted that this figure is to be reduced to $81,148 by eliminati@ll
some a
ITEM #10160
On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
Jolin R. Griffin, Mayor Clarence A. Holland, Meyera F. Oberndorf,
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Henry McCoy, Jr.
City Councilapproved the following Water/Sewer Agreements: