NOVEMBER 8, 1976
CITY OF VIRGINII BEAC
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., By,id@ Bo,..gb HENRY M,COY, ],, D.D.S., K@.p-ill@ B.,.@Sb
VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,"
JOHN A. BAUM, B.,..gh 1. CURTIS PAYNE, A.@@ B.,@.gh
ROBERT B. CROMWELL. J,, A, L.,g@ ROGER L. RIGGS, Vigi.i. B@.,h B@,.@gb
GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIELD, ],., P.... B .... gb
JOHN R. GRIFFIN, Ly@.b..@. B .... Rb A G E N D A RICIIARD 1. WEBBON, Cily Cl,,k
The City Council of the City of Virginia Beach, Virginia, will assemble in
the Administration Building, Princess Anne Station, Virginia Beach, Virginia,
in Regular Session, at 1:00 p.m., on Monday, November 8, 1976, for the pur-
pose of conducting public business and will hear and act upon the following
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 Council Chambers.
4. Invocation will be given by the ReveTend John H. Jordan, Galilee Episcopal
Church, Virginia Beach, Virginia. Please remain standing for tlle Pledge
of Allegiance.
S. Roll Call of the Council.
6. Minutes of the Regular Meeting of November 1, 1976, to be presented for
approval and acceptance.
7. Public Notice:
PUBLIC NOTICE
Notice is hereby given that the City Council of the City of
Virginia Beach, Virginia, in Regular Session, assembled in the City
Council Chambers, City Administration Building, Princess Anne Borough,
Virginia Beach, Virginia at 2:00 P.M., on Monday, November 8, 1976,
will publicly rehear the following ordinance proposing to vacate a
portion of 79th Street in the Nortli Virginia Beacli area:
AN ORDINANCE VACATING A PORTION OF
79TH STREET ON A CERTAIN PLAT KNOWN
AS CAPE IIENRY, SECTION D.
Persons desiring to appear before City Council regarding this
matter should register their names by letter or teleplione (427-4304)
with tlae Office of tlie City Clerk on or before S:00 P.M., Wednesday,
November 3, 1976, or be listed by the Deputy City Clerk at the City
Clerk's desk before the meeting as being in favor of or opposed to
the proposed ordinance.
8. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Nottingham &
B-,irns Partnership for a Change of Zoning from AG-1 Agricultural District
to R-8 Residential District on 112.53 acres located at the intersection
of Oceana Boulevard and General Booth Boulevard. (The application was
denied on May 10, 1976 by City Council) Princess Anne Borough
9. Letter from tlie City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Laskin Road Co.,
a Virginia Limited Partnersliip, for a change of zoning from R-6 Residential
District to B-2 Community Business District on approximately 8,370 square
feet located on the east side of Hilltop Road, south of Karen Lane (North
Maxey @lanor Area, Lynnhaven Borougli)
10. Letter from the City Manager transmittin@ the recommendation of the
Planning Commission for approval of the application of Stanley W. and
Elizabeth McCoy for a change of zoning from R-8 Residential District
to B-2 Community Business District on a parcel containing approximately
0.76 acre located on the south side of Bonney Road, east of Wedgewood
Drive (Kempsville Borough)
11. Letter from the City Manager transmitting the recommendation of the
Planning Commission for the following petitions of Colony Acres, Inc.
for changes of zoning in the Colony Acres Area (Princess Anne Borough):
a) From R-3 Residential to B-1 Business-Residential on 3.545 acres
located on the west side of London Bridge Road, south of Swamp Road.
b) From R-3 Residential to R-6 Residential District on 30.360 acres
located west of London Bridge Road, approximately 680 feet north
of Colony Drive.
c) From R-3 Residential District to B-1 Business-Residential District
on 2.506 acres located on the west side of London Bridge Road
992.63 feet north of Colony Drive.
d) From R-3 Residential District to B-1 Business-Residential District
on 3.60S acres located on the west side of London Bridge Road
224.03 feet north of Colony Drive.
e) From R-3 Residential District to R-6 Residential District on 6.137
acres located west of London Bridge Road 224.03 feet north of
Colony Drive.
f) From R-1 Residential District to R-6 Residential District on 26.415
acres located on the west side of Bridle Road, south of Jody Lane.
12. Letter from the City Manager transmitting the recommendation of the
Planning Commission for denial of the application of Richard D. Croul and
Assigns for a Conditional Use Permit for recreational facilities of an
outdoor nature (water slide) on approximately 2.75 acres located at the
northeast corner of 21st street and Parks Avenue (Virginia Beach Boulevard)
13. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Amoco Oil Co. for
a Conditional Use Permit for an automobile service station on approximately
20,000 square feet located at the northeast corner of Virginia Beach
Boulevard and Little Neck Road (Lynnhaven Borough)
14. Letter from the City Manager recommending that City Council approve an
ordinance to accept a grant for $1,971 from the Virginia Arts and Humanities
Commission and to appropriate these funds for the Artistic Crafts Program.
15. Letter from the City Manager recommending that City Council approve an
ordinance to amend and reordain section 23-14 of the Code of the City of
Virginia Beach relating to disorderly conduct.
16. Letter from the City Manager recommending that City Council approve an
ordinance to amend section 38-2 of the Code of the City of Virginia Beach
relating to discharge of firearms.
17. Letter from the City Manager recommending that City Council appoiiit
viewers to investigate the petition of Thomas J. Harlan, Jr., et als
for, @he closure of a portion of Sand Trap Lane (Kempsville Borough).
18. Letter from the City Manager recommending that City Council accept
$34,787.68 as 25% of the amount of debt owed to the City of Virginia
Beach water and sewer fund by Nopratex Industries Incorporated to be
paid in the next five years.
19. Letter from the City Manager recommending that City Council approve the
request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the
amount of $4,315.19.
20. Letter from the City Manager recommending that City Council request Mr.
James Overton to make his appeal to the Board of Zoning Appeals regarding
Section 705 of the present code for sign regulations in the H-1 District
which indicates that no establishment nay have more than 4 signs and that
no signs shall exceed 125 square feet of surface area; further, in an
attempt to correct this loophole in the CZO, City Council is recommended to
request the Planning Commission to advertise amendments to the Zoning
Ordinance that would remedy this problem.
21. Letter from the City Manager recommending that City Council approve the
proposed extension of the contract for bus service from Tidewater Metro
Transit through February S, 1977, subject to the present terms and con-
ditions and with the understanding that the contract can be terminated
if the merger documents are completed prior to the new expiration date.
22. On August 23, 1976, City Council authorized the submittal of a Transitional
Living Program Grant to the State Department of Mental Health and Mental
Retardation Services; liowever, we have received notification that the grant
has been approved for $87,322 rather tlian $73,862 as submitted in the
original application. The local cash match remains at $14,465, as submitted.1
The local share can be financed from the existing City appropriations, there-
fore, the City Manager recommends a transfer of $8,847 from the Comprehensive
Mental Health Bureau to complete the funding arrangements; and further,
authorize the City Manager to accept the grant on behalf of the City-
23. Letter from the City Manager recommending that City Council approve the
low bid of J. G. Horton & Son in the amount of $79,8SO.00 and authorize
the City Manager to execute the necessary document to implement tllc
project for the construction of the new General District Courtroom.
24. Letter from the City Manager recommending that City Council approve the
standard water and sewer agreements for Fairfield Park, Section I
(Kempsville Borough).
25. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the ordindnce to vacate a portion
of the plat of 79th Street in Cape Henry, Section D. This property,
which abuts Seashore State Park, is to be replatted as various resub-
divisions of property of Lake George Corporation. (deferred from October
2 5 , 1 9 7 6) .
26. Old business, deferred from the previous meeting, including any report
of the Mayor or committees named by Council.
27. New business, including any presentations by Council Members, citizens,
aiid organizations.
28. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COTJNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
November 8, 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 @,londay, November 8, 1976, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. 9olland,
J. Ilenry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
ITE-M #10184
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 legal matters, real Droperty acquisition
and personnel matters.
On motion by Councilman Payne, seconded by Councilman @IcCoy, and by
recorded vote as follows:
Ayes: Council @lembers John A. Baum, Robert B. Cronwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry NIcCoy, Jr., @leyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice P4ayor Patrick L. Standing, Floyd E. ',Vaterfield, Jr.
Nays: None
Absent: None
City Council voted to proceed into Executive Session following the
informal discussion.
ITEM #10185
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following Council Members present:
Jolin A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L.
Standing, Floyd E. Waterfield, Jr.
Tlie invocation was given by Reverend John H. Jordan, Galilee Episcopal
Church, followed by tlie Pledge of Allegiance.
COUNCILT,IAN BAUM LEFT CIIAMBERS.
On motion bv Councilman Ferrell, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Council Members Robert B. Cromwell, Jr., George R. Ferrell,
John R. Griffin, @layor Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf ' J. Curtis Payne, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council approved the minutes of the regular meeting of November 1,
1976, and dispensed with the reading of said minutes inasmuch as eacia
Council Member has a copy of the subject minutes.
ITEm #10186
On motion by Councilman McCoy, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Council Membe,rs Robert B. Cromwell, Jr., George R. Ferrell
John R. GrifPin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor
Patrick L. Standing, and Floyd E. tvaterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to adopt the following resolution requesting the
Department of the Interior to approve by @xecutive Order the transfer
of certain lands at Fort Story to the National Park System:
Resolution regarding the acquisition of certain properties owned by the
United States of America at Fort Story, Virginia Beach, Virginia, for the
intent and purpose of preserving ttiem as tiistoric sites to be utilized by
future generations to instruct and remind them of ttie vicissitudes endured
and sacrifices made by their forefathers when founding this American democracy
dedicated to life, liberty, equality, fraternity and freedom of religion for
future generations. To this end the Department of the Interior is petitioned
by this Resolution of the City of Virginia Beach, duly adopted by the Council
of the City of Virginia Beach, Virginiii, on the eighth day of November, 1976,
which hereby recites as follows:
R E S 0 L U T I 0 N
In the interest; of the general public concerned with the preservation
and maintenance of Historic Landmarks, the Department of tlie Interior of the
United States is petitioned to approve by Executive Order the transfer of
certain lands at Fort Story, Virginia, owned by the Department of the Army,
to the National Park System, said sites being d@asignated as the Railroad
Station, The Overlook and the Statue Site, on which is located the Memorial
Statue of Admiral Joseph Paul DeGrasse, through whose genius and the loyalty
of his fellow seamen the French Fleet defeated the English in the sea battle
off Cape Henry on September 5, 1781 thereby aiding the American Revolutionary
forces in their strug@.le to found the United States of America. The Overlook
is better known as the site containing the Memorial Cross, which locates the
site upon which the first pernanent settlers landed before settling at
Jamestown, Virginia.
Unanimously approved and adopted by the Council of the City of Virginia Beach,
Virginia, on this eighth day of November, 1976.
C,
Mayor
li'L@l @1018/
The City Clerk read the following Public Notice:
PUBI,IC NOTICE
Notice is liereby given that the City Council of the City of
Vi.rginia BeacIL, Virginia, in Regula,- Session, assenibled in the City
Council ChaTilb@rs, City Administration Buildiiig, Princess Anne Borou,,hl
Virg,!-nia Beach, Virginia at 2:00 P.M., on ilonday, November 8, 1976,
will publicl,@ reliear the follolqing ordiiiance proposing to vacate a
portion of 79th Street in the North Virgi.nia Beach area:
AN OIZDINANCE VACATING A PORTION Or
79Tfl STREET ON A CERTAIN PI,AT KNOIVN
AS CAPE HE,@@RY, SECTION D.
Persons desiring to appear before City Council regarding this
matter should register their namos by letter or tolophoiie (427-4304)
with the Office of tlie City Clerk on oi, before S:00 P.@l., Wednesday,
November 3, 1976, or be listed by tlie Dcp(ity City Clerk at the City
Clerk's desk before the mceting as being iii favor of or opposed to
the prol)osed ordinance.
ITEIL #10183
COUNCIL@NIAN IVATERFIELD LEFT CHAMBERS
Mr. Grover C. Wright, Jr., Attorney, appeared in favor of a deferral.
Mr. J. W. Sills appeared in opposition.
COUNCILMAN BAUM RETURNED TO CHAMBERS
After considerable discussion, Councilman Payne made a motion, seconded
by Councilman Baum, to defer the following ordinance vacating a portion
of 79th Street on a certain plat known as Cape Henry, Section D. The
recorded vote is as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, PIayor Clarence A. Holland,
J. fienry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council voted to defer indefinitely the following ordinance
vacating a portion of 79th Street on a certain plat known as Cape
Henry, Section D:
AN ORDINANCE VACATING A PORTION OF '9TH
STREET ON A CERTAIN PLAT KNOWN AS CAPE
IIENRY, SECTIO!@ D.
WBEREAS, on the appl4-caLion of i.nterested pc-,rsc,,ns, B. W. Rodriquez, Marian
S. Rodriquez, Walter Asmuth, Jr., Janice W. Asmuth, Grover C. Wright, Jr., and
lake George Corporation to ttie City Couiicil of tlie City of Virginia Beach,
Virgiiiia, for the vacation of a part or portion of 79th SEreet as shown on a
certain plat known as Cape Henry, Sectioii D.
t,nIEREAS, it appears Ltiat notice has be(@,, properly given as required by
Sectioii 15.1-431 of the Cc)dc, @)f Virginia ef 19-50, as amended; and
WHEREAS, it further apl,e,,irs LI)al: there are iio o'c@jec'icns to the adoption
of this ordinance foi, tlie said -jacation ai,,d -,hat no i,,iconveiiietice will result to
tlie ptiblic in genei-al and tha@ no lot owner tAll- be '-rrc!parably or otherwise
,Iamaged.
THEREFORE, BE 1J ORL)AINLI) 13Y (1@i@ '.'IIIE CTTY 01@' VIRGINIA BEAC'I,
VIRGINIA:
Th@t a portion or pa,-t )f tlie l,late, iTi '-h C,.-I(,rk's Officc,- of- the
Circi;it Coijrt of the C@ty of Virginia Beac'k i@i @,',aD Bo,,,c 39 z@l- Page 5, Map Book
87 at Page 14 aiid Map Boo,, 88 a, Page 36, s@, ,q, z@s ti@@ @-.7,,3terri 95' of 79t]-@
Strcet (aii 80' wide sti-ee@.) @ibutti.ne Seastior @ta,e i'aik @e, an(i thc-, @@auie. her,@;@N
is vacated and the recc)rl@iti(,ii of the rc,-plat entitle6l "Fesubdivision of ilrope3-tv
of Lake Geoi,ge Corporat',,,n" (Deed 'Book 979 et P@iee 45f-@) and resubdivisior, ')f
Lots B ind C, "Subd.,"vision of Pioperty of Lakc. -@ec)r (-@ @,.@rpolition West of
Blc,ck 18, Cape Henry, @ection D" (,'lap Book 8@, ,t age 5) an,] l,ot A "Subdivis.io@,
c,f Property of Lake Geo-ge C,@rpora,lior., We.,3t cf 20, Cane @ienry, Section l,"
1.
k@4ap Book 87 at Page 14) 'Lvnniiaven Borougli-\,@-rF,,in@la Beact), Vi.rgiiiia," @lat d
I
Aiigii@,,. '@976 and inade by Rouse-Siri.ne L@o,., Surieyors and Engin,'-el@s,
-@lirginia Beach, Vitginia, toget!ile witli t-he recc@,dation )f tliis ordinance shall.
ope,rate to destroy tlie fo-ce and effect of tfie recor(2,lng of :he part of tbe
plats so vacated ani v@) ,e@;t fpe siinp-@Le ti@lc tc, ttie cer-tet. iine uf the pcrtiun
(,f rii-@ st.reet so vacaled .@, 1),)rtioii ire,@.siiring 85' by 80') at the West end of
79tli Street aojacei@@ to Sea,,,I@ct@. S'@@,ite Park. spd t-h,, owners of ib@ittfng property.
This ordinance of vacation is subject to the rights of tlle O,7ners Of
any public utility easements which liave previously been erected thereon and
to the riglit of the City o@, Virginia Beach to the easeinents iiidicated oti the
attaclied rel)lat or resubdivision which includes a 15' easement for pedestrian
iise for the general public for ingress and egress to Seashore State Park.
BE IT FURTIIER ORDATNED ttiat a certified copy of tllis ordinance of
vacation shall be recorded in the Clerk's Office of the Circuit Court of
tlie City of Virginia Beaci), Virgi.nia togettier with the replat or resubdivision
withiii 30 days from its adoptioii.
ITEM #10189
Petition of Nottingham & Burns Partnership for a Change of Zoning Listrict Classi-
fication from AG-1 Agricultural District to R-8 Residential District On certain prop-
erty 'oeginning at a point 1945 feet more or less North of Dam:Neck Road on the
West side of Oceana Boulevard, running a distance of 3987 feet more or less al.ong
the Northern property line, running a distance of 2962 feet iiiore or less aloill.'
the @!estern property line, running a distance of 3979 f,et more or less along the
Soutberv. property Iiiie, and running a distance of 1809 feet more or less al-on@.
@he.Eas-.c;;:n protertv Iiiie of witich 430 feet is the West si(.ie oi:
Said property is located North of the Virginia Electric and Power Co-lpa-,Iy ;'!-rht-
of-Way aiid contains 112.53 acres. Plats with D,,ore detailed inforwtion are Pvail--
able in the Office of the Departmcnt of City I'lanning. (Red Wing Park Area). PRIN-
CESS ANNE BOROUGH. (Modified from A-1 Apartmetit District to R-8 Residential District).
Planning Commis:,Iion Recommendation:
A motion was pz,ssed by the Planiiiiig Commission by a recorded vote of 7 for the
viotion and 4ai;ainst to approve tliis request.
For tlie inforaation of tlie applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard E@ite improvements as required by tlle Site Plan Ordinance.
2. City water and sewer.
3. A pump station will be required for sewer service.
4. The developer will be required to make improvemerts as necessary to all
downstream structures in the drainage system and provide drainage ease-
ments (both on-site and off-site).
5. Provide bypass lanes and.turn lanes as necessary on Oceana Boulevard.
6, Improve Rufian Road with a 30 foot asphalt section from Oceana Boulevard
to General Booth Boulevard.
7. Provide traffic signals as deemed necessary by the Director of Community
Services.
8. Provide fully improved public rights-of-way with adequate strcet ties to tbe
north, west and south.
Further, this ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the
applicant that the official change on the zoning maps will not be made until the
following conditions are satisfied:
A dedication of right-of.-way 45 feet from the centerline of the
existing 50 foot right-of-way along the 430 foot frontage on
Oceana Boulevard (a 20 foot dedication).
I -- . -@ - . .. @ -1.1 II " @ . I ,@ ", @@ly , I (2Pl C@@ilLUU CIIU [)Ct.Ltioi-ior-
Mr. Dick Browner, Land Planner, also appeared in favor of tliis
Mrs. Peggy Able, Board Member of the SPCA appeared in opposition.
On motion by Councilman Payne, seconded by Councilman @IcCoy, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, Jolin R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, and
Roger L. Riggs.
Nays: Vice Mayor Patrick L. Standing
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following ordinance upon petition of
Nottingliam and Burns Partnership for a Change of Zoning District
Classification from AG-1 Agricultural District to R-8 Residential
District:
ORDINANCE UPON PETITION OF; NOTTINGHAM Z01176201
AND BURNS PARTNERSHIP FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM
AG-1 Agricultural District TO R-8
Residential District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Nottingham & Burns Partnersllip for a Change of Zoning
District Classification from AG-1 Agricultural District to R-8
Residential District on certain property beginning
at a point
1945 feet more or less North of Dam Neck Road on the West side
of Oceana Boulevard, running a distance of 3987 feet more or less
along the Northern property, running a distance of 2962 feet more
or less along the Western property line, running a distance of-3979
feet more or less along the Southern property line, and running a
distance of 1809 feet more or less along the Eastern property line of
which 430 feet is the West side of Oceana Boulevard. Said property is
located North of the Virginia Electric and Power Company Right-of-Way
and contains 112.53 acres. Plats with more detailed information are
available in the Office of the Department of Planning. (Red Wing Park
Area). Princess Anne Borougli. Modified from A-1 to R-8.
For the information of tlie applicant, prior to the issuance of a building
permit, the following will be required by tlie administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. A pump station will be required for sewer service.
4. The developer wiil be required to make improvements as
necessary to all downstream structures in the drainage
system and provide drainage easements (both on-site and
off-site).
S. Provide bypass lanes and turn lanes as necessary on
Oceana Boulevard.
ITEM #10190
COUNCILMAN CROMWELL LEFT CHAMBERS
Petition of Laskin Road Company, a Virginia Limited Partnership for a
Change of Zoning District Classification from R-6 Residential Districl.- to
B-2 Community Business District on certain property located on the East
side of Hilltop Road beginnii)g at a point 99.46 feet South of K-aren Lane,
running a distance of 95 feet along the East side of Hilltop Road, rtinniig
a dis+ance of 100 feet along the.Southern property line, running a distance
of.69 85 feet along the Eastern property line and running a distance of
103.11 feet along the Northern property lirie. Said oarcel contains 817G
squ;,irp l@ee'@ more or less. (North Maxey Manor Area). LYNNHAVF-4 BORO@JGH.
Planning Conimission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote
of 12 to approve this request.
For --he information of the applicant, prior to the issuance of a, building per-
mit, the following will be required by the administrative staff:
1. Standard site improveiients as required b@, the Site Plan Ordinance.
2. City water and sewer.
3. An adequately sized drainage easement will be required along the ditch
on the northern property line and this ctitch is to be piped.
On motion by Councilman Griffin, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., and Floyd E. ivaterfield, Jr.
CitY Council voted to approve the following ordinance upon petition of
Laskin Road Company, a Virginia Limited Partnersliip for a Change of
Zoning District Classification from R-6 Residential District to B-2
Community Business District:
ORDINANCE UPON PETITION OF LASKIN ROAD Z01176202
COMPANY A VIRGINIA LIMITED PARTNERSHIP
FOR A CHANGE OF ZONING DISTRICT CLASSIF-
ICATION FROM R-6 Residential District TO
B-2 Community Business District
Be it ordained by the Council of the City of virginia Beach, Virginia,
that:
Petition of Laskin Road Company, a Virginia Limited Partnership for a
Change of Zoning District Classification froni R-6 Re,idential District
to B-2 Community Busiiiess District on certain property located on tlie
East side of Hilltop Road beginning at a point 99.46 feet South of
Karen Lane, running a distance of 9S feet along the F@ast side of Hilltop
Road, running a distance of 100 feet along the Soutliern property line,
running a distance of 69.85 feet along tiie Eastern property line and
running a distance of 103.11 feet along the Northern property line. Said
parcel contains 8370 square feet more or less. (North Maxey Manor Area)
Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by tlle administrative staff:
1. Standard site improvements as required by the Site Plail
Ordinance.
2. City water and sewer.
3. An adequately sized drainage easement will be required along
the ditch on the northern property line and this ditch is to
be piped.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach Vir in
ITEM #10191
COUNCILMAN CROMWELL RETURNED TO CHAMBERS
P-tition of Stanley W. and Elizabeth McCoy for a Change of @onn, "i strict
'@'lassification from R-8 Residential District to B-2 CMni Y_@.,i ness Dis-
trict on certain property located on the South side of Bonney Road beginiiing
at a point 110 feet more or less East of Wedgewood Drive, running a distance
of 150.55 feet along the South side of Bonney Road, running a distance of
218 feet along the Eastern property 1-ine, running a distance of 150 feet
along +,he Southern property line and running a distance of 227.85 feet- along
the Western property line. Said parcel conta,"ns 0.76 acre. KEMPSI@f'@LLE
BOROU.-.H.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Comission by a recorded vote
of 11 to approve this request.
For the information of the applicant, prior to the issuance of a building per-
mit, tlie following will be required by the administrative staff:
1. Standard site iinprovements as required by the Site Plan Ordin.ance.
2. City water and sewer.
Further, this ordinance shall be effective upon satisfactory compliance @lo tfie
conditions imposed in this motion, and it is understood atid agreed to by the
applicant that the official change on the zoning maps will not be made un-lil
the following conditions are satisfied:
A dedication of right-of-way 30 feet from -Lhe centerline of the exist-
ing 30 foot right-of-way along the 150.55 foot more or less frontage
on Bonney Road (a 15 foot dedication).
Mrs. Burns, owner of property, appeared in favor
On motion by Councilman NIcCoy*, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following ordinance upon petition of Stanley
W. and Elizabeth McCoy for a Change of Zoning District Classification
from R-8 Residential District to B-2 Community Business District:
ORDINANCE UPON PETITION OF STANLEY W. Z01176203
AND ELIZABETH MCCOY FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 Residential
District TO B-2 Community Business District
Be it ordained by the Council of the CitY of Virginia Beach, Virginia,
that:
Petition of Stanley W. and Elizabeth McCoy for a Change of Zoning
District Classification from R-8 Residential District to B-2 Community
Business District on certain property located on the South side Of Bonney
Road beginning at a point 110 feet More or less East of Wedgewood Drive,
running a distance of 150.55 feet along the Soutli side of Bonney Road,
running a distance of 218 feet along tlie Eastern property line, running
a distance of 150 feet along tlie Southern property line and running a
distance of 227,85 feet along the Western property line. Said parcel
contains 0.76 acre. Kempsville Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by tlie administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
Purtlier, tliis or(ii-iiance sliall be ciioctive upoii satisfactory coilipliance
to the conditions imposed in this motion, and it is understood and agreed
to by the applicant that the official change on the zoning maps will not
be made until the following conditions are satisfied:
1. A dedication of right-of-way 30 feet from the centerline
of the existing 30 foot right-of-way along the 1SO.@@5 foot
more or less frontage on Bonney Road (a 1S-foot dedication)
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 8th day of November, 1976
*Councilman McCoy stated that he is not related to Stanley W. and
Elizabeth McCoy.
ITEM #10192
Mr. H. Calvin Spain, Attorney, represented the petitioners
COUNCILMAN WATERFIELD RETURNED TO CHAMBERS
Councilman Baum made a motion, seconded by Councilwoman Oberndorf,
to defer indefinitely the following requests from Colony Acres, Inc.,
for Changes of zoning until the problems surroundilig application
number 2629, request zoning change from R-1 Residential District to
R-6 Residential District, have been resolved. The recorded vote is
as follows:
Ayes: Councilman John A. Baum
Nays: Council Members Robert B. Cromwell, Jr., George R. Ferrell,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor
Patrick L. Standing.
Abstain: Councilman Floyd E. Waterfield, Jr.
Absent: None
The above motion to defer indefinately the zoning clianges requested
by Colony Acres, Inc., was denied.
ITEM #10192(a)
Petition of Colony Acres, Inc., for a Chanqe of Zonina District rla,!tification
from R-3 Residential District to B-1 BusinesS-Kesidential District o certain
property located on the West side of London Bridge Road beginning at a point
750 feet more or less South of Swamp Road, running a distance'of 288.31 feet
along the West side of London Bridge Road, rkinning around a curve in a
Northwesterly direction a distance of 887.35 feet, rurining a dis-@nce of
208.59 feet in a Northeasterly direction, running a distance of 105.10 feet
in a Southeasterly direction and running a distance of 396.58 feet in d
No-+h@,,t,-!,,; d4-c,t@cn. Said parcel contains 3.545 acres. (rOlCn,, Ar,.S
Area.) PRINCESS A@NE' BOROUGH'.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 10 for the
wtion and 2 abstentions 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 iriprovements as required by the Subdivi;sion Ordinance and the
Site Plan Ordinance.
2. City water and sewer.
3. Appropriate sound attenuation required in all construction and a "Truth in
Sales and Rental" clause required in all sales and reiital agreements.
Further, this ordinance shall be effective upon satisfactory compliance to the
conditiors imposed in this motion, and it is understood and agreed to by the
applicant that the official change on the zoning maps will not be made until
the following conditions are satisfied:
1. Suff2cient right-of-way is to be provided for Dam Neck Road (90 foot right-
of-w;y) and London Bridge Road.
2. A 150 foot dr,a*
Ull JILU LIU II @y @ll-l@ @ ly'll ail Li
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. FErrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Vice t4ayor Patrick L. Standing
Nays: None
Abstain: Councilman Floyd E. Waterfield, Jr.
Absent: None
City Council approved the following ordinance upon petition of Colony
Acres, Inc., for a Change of Zoning District Classification from R-3
Residential District to B-2 Business-Residential District:
ORDINANCE UPON PETITION OF COLONY ACRES. Z01176204
INC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-3 Residential
District TO B-1 Business-Residential
District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Colony Acres, Inc., for a Change of Zoning District Classif-
ication from R-3 Residential District to B-1 Business Residential District
on certain property located on the West side of London Bridge Road beginning
at a point 750 feet more or less South of Swamp Road, running a distance of
288.31 feet along the West side of London Bridge Road, running around a curve
in a Northwesterly direction a distance of 887.3S feet, running a distance of
208.S9 feet in a Northeasterly direction, runniiig a distaiice of 105.10 feet
in a Southeasterly direction and runnin@ a distance of 396.S8 feet in a
Northeasterly direction. Said parcel contains 3.545 acres. (Colony Acres
Area). Princess Anne 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 improvements as required by tlie Subdivision Ordinance
and the Site Plan Ordinance
2. City water and sewer.
3. Appropriate sound attenuation required in all construction
and a "Truth in Sales and Rental" clause required in all
sales and rental agreements
Further, this ordinance shall be effective upon satisfactory compliance to
the conditions imposed in this motion, and it is understood and agreed to
by the applicant that the official change on the zoning maps will not be
made until the following conditions are satisfied:
1. Sufficient right-of-way is to be provided for Dam Neck Road
(90 foot right-of-way) and London Bridge Road.
2. A 150 foot drainage easement from the centerline of the
existing canal will be required along the western property
line.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 8th day of November, 1976
ITEM #10193
P@tition of Colony Acres, inc., @or a ification
from R-3 Residential District to R-6 Residential District on certain property
located 420 feet more or less West of London Bridge Road beginning at a point
680 feet more or lesf, North of Colony Drive, running a distance of 958-18
feei, in a Southwester'iy direction, runninq a distancc of 793 f@ot TriorL@ Or
less in a Northwesterly direction, runnin(i a distance of 230 f(@et iii a
Southwesterly direction, running a distan-ce of 571.32 feet in a North@4ester@y
direc-l@on, runn'.na a distance of '076 @--et in ,. Northerly dirc--tio-, i.),
a distance of 571.84 feet in a Northeasterly direc'uion1/2 running a distance of
782.87 feet in a Southerly directiori, rtinnfng a distance of 495.14 feet ina
Southeasterly direction, running a distance of 160 I-eet 4.n a Soutlie,-Iy diy,ec-
ilion and runniiig around a curve in a Southerly direc-Lion a distance ol@ 54@-.17
feet. Said parcel contains 30.360 acres. (Colony A-Ires Area). PR7@NCESS T@@INNE
BOROUGH.
Planning Commission Recommendation:
A motion was pztssed by the Planning Commission by a.recorded vote of 10 for
motion and 2 abstentions to approve this request.
For the inforniation of the applicant prior to the issuance of a building pe,-Mi-L.,
the following w-ill be required by th@ adniinistrative staff:
1. Standard improvements as required by the Subdivision Ordinance and the
Site Plan Ordinance.
2. City water and sewer.
3. Appropriate sound attenuation required in all construction and a "Truth in
S'ales and Reiital" clause required in all sales and rental.agreements.
Further, this ordinance shall be effective upon saiisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the
applicant that the official change an the zoning maps will not be made until
the following conditions are satisfied:
1. Sufficient right-of-way is to be provided for Dam Neck Road (90 foot right-
of-way) and London Bridge Road.
2. A 150 foot drainage easement from the centerline of the existing canal will
be required along the western property line.
On motion by Councilman Payne, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Abstain: Councilman Floyd E. Waterfield, Jr.
Absent: None
City Council approved the following ordinance upon petition of Colony
Acres, Incorporated, for a Change of Zoning District Classification
from R-3 Residential District to R-6 Residential District:
ORDINANCE UPON PETITION OF COLONY ACRES, Z01176205
INC., FOR A CHANGE OF ZONING DTSTRICT
FROM R-3 Residential District TO R-6
Residential District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Colony Acres, Inc., for a Change of Zoning District
Classification from R-3 Residential District to R-6 Residential
District on certain property located 420 feet more or less West
of London Bridge Road beginiiing at a point 680 feet more or less
North of Colony Drive, running a distance of 958.18 feet in a
Southwesterly direction, running a distance of 798 feet more or
less in a Northwesterly direction, running a distance of 239 feet
in a Southwesterly direction, running a distance of 571.32 feet
in a Northwesterly direction, running a distance of 1076 feet in
a Northerly direction, running a distance of 571.84 feet in a
Northeasterly direction, running a distance of 782.87 feet in a
Southerly direction, running a distance of 49S.14 feet in a
Southeasterly direction, running a distance of 160 feet in a
Southerly direction and running around a curve in a Southerlv direction
a distance of 545.17 feet. Said parcel contains 30.360 acres. (Colony
Acres Area). Princess Anne 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 improvements as required by the Subdivision Ordinance
and the Site Plan Ordinance.
2. City water and sewer.
3. Appropriate sound attenuation required in all construction
and a "Truth in Sales and Rental" clause required in all
sales and rental agreements.
Further, this ordinance shall be effective upon satisfactory compliance to
the conditions imposed in this motion, and it is understood and agreed to
by the applicant that the official change on the zoning maps will not be
made until the following conditions are satisfied:
1. Sufficient right-of-way is to be provided for Dam Neck
Road (90-foot right-of-way) and London Bridge Road.
2. A ISO foot drainage easement from the centerline of the
existing canal will be required along the western property
line.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 8th day of November, 1976
ITEM #10194
Petition of Colony Acres, Inc., for a
from R-3 Residen@ial District to B-1 E
property loca,ed on the West side of London Bridge Road beg nning at a point
992 63 feet North of Colony Drive, running around a curve in a Nor'hwesterly
dir'ection a distance of 278,84 fect, running a distance of 100 feet in a
Northeasterly direction, rur,ning a distance of 41 .07 feet in a 14orthwesterly
direction, r,innirig a distance of 454.0' fept in a Northerly direction, running
a distanc,@ of 368.15 feet in a @otithedsterly direction and running a distance
of "7@05 '@et along thC WeSt Side of lo.-,don @rid-,c Said 1.@r,@l con-
tai,is 2.506 acres. (Cclny Acres Area), PRTNCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 10 for the
motion and 2 abstentions to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be requir@ by the administrative staff:
1. Standard improvements as required by the Subdivision Ordinance and the
Site Plan Ordinance.
2. City water and sewcr.
3. Appropriate sound attenuation required in all construction and a "Truth in
Sales and Rental" clause required in all sales and rental agreements.
Further, this ordinance shall be effectiv upon ,atisfactory compliance to the
e reed to by the.
conditions imposed in this motion, and it is understood and ag
applicant that the official change on the zoning maps will not be rod@ until
th, following conditions are satisfied:
1. Sufficient right-of-way is to be provided for Dam Neck Road (90 foot right-
of-way) and London Bridge Road.
2. A 150 foot drainage easement from the centerline of the existing canal will
be required along the western property line.
On oti.. by Council@,-. P.yne, -,.Cont@d l'Y Riggs, .@d by
,ccord@.d @.te -, foil-w,:
Ay.s: Council M.mbe@@ J.hn A. ]3aum, Rob@rt B. Cro..ell, Jr.,
George R. Ferr@ll, @John R. Griffi-, Mayor Cl.renc@ A. iloll--d,
J. H.nry McC-y, J,., Moyera E. Ob@rndorf, J. C.,tis Payn@, Rogcr
L. Riggs, a.d Vice Mayor Patri@k L. Sta.ding
Nays: N..e
Abstain: Cou--ilm-- 1:1-Yd E. Waterfield, Jr.
Absent: None
City Cou.cil appro@@d th@ f.1l.-ing ordinanc@ pon petition of Colony
Acres, ln@., fo, a Changc f Zoning District ci.ssification fro. R-3
R@side.tial Di@trict to B-1 BulinesS R@Sid@.tial District:
ORDINANCE UPON PETITION OF COI,ONY ACRLS Z01176206
JNC., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-3 Re@idential
District TO B-1 Busine@s-Residential
District
Be it oydained by tl,@ C@u@cil of th@ CitY oE Virgini. Bea@h, Virginia,
that:
Petition of Coloi,y Acr@s, Inc., for a Chang@ of Z..ing Dist@ict Classifi-
cation from R-3 Re@idential District to B-1 Business-Resid@ntial District
on certain prope@ty 1.@ated n th@ west ,ide -f Lo.d.. Bridgc R..d b.gin@i.g
@t a p.i.t 992.63 f@et Nortli f Col.ny D,iv@, -nning ro@@d a c.rve in
Northwe@t@@ly di,@ti.. . distan@@ of 278.84 fect, ru.,,i,,g . distan@@ f
100 feet in a N.rth@.sterly dire.tion, @.nni-9 a dist-@-@ of 41.07 fe.t
in a North.@st.rly dir@tion, r.nning a distan@e of 454.07 feet in a
Northerly diro.tion, r.nning a distanc@ of 368.15 feet in @ So.the.sterly
direction and run.ing a dist@nce of 347.05 feet along tlic West side of
London Bridge Road. Said parc@l contain, 2.506 .,res. (Col.ny Acres
Arc.). ll,inces, A,inc B.I,ough.
For th@ informati.n of tho applicant, p,ior t. the issuance of . buildi.g
permit, the foll.wing ill bo r@quired by tl,c administrati@c staff:
1. Standard ipr.@@ment@ as r@q.ired by th. S.bdivi,ion Ordinance
and th@ Site Plan Ordina.,C.
2. City at.r nd sewer
3. Appr.priat. sot@nd attenuati.n rcquired i. all onstru@tion
and a "Truth i. Sales and Rental" clause required in all
FUTther, this OTdinance shall be effective upon satisfactory acompliance to
the conditions imposed in this motion, and it is understood nd agreed to
by the applicant that the official change on the zoning maps will not be
made until the following conditions are satisfied:
1. Sufficient right-of-way is to be ptovided for Dam Neck
Roacl (90 foot right-of-way) and London BTidge Road
2. A 1SO foot drainage easement from the centerline of the
existing canal will be required along the western ptoperty
line.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 8th day of November, 1976
ITEM #1019S
Petition of Colony Acres, Inc. , for a Chanqe of Zonina District Classification
from R-3 Residential District to B-1 B
property located on the West side of I.ondon Bridge Road beginning at a point
224.03 feet North of Colony Drive, running a dis"ance of 250 feet along the
Southern property line, running a distance of 387.,19 feet along the Western
property line@ running a distance of 1,00 feet in a Northwesterilli direction,
running around a curve a distance ol@ 360.24 feet in a
and runniiig a distan(.e of 628.09 feet a"ong the West side of Lon@on 51-idge
, acr@
Road. Said parcel contctins '.607 -S. (Colon Acres Are,,,. PRINCESS
y
ANNE'BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recarded vote of 10 for the
motion and 2'abstentions.to approve this request.
For the information of the applican', prior to the issuance of a, building permit,
the following will be required by the administrative staff:
1. Standard improvements as required by the Subdivision Ordinance and the
Site Plan Ordinance.
2. City water and sewer.
3. Appropriate sound attenuation required in all construc@@ion and a "Truth in
Sales and Rental" clause required in all sales and rental agreements.
Further, this ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the
applicant that t@ie oll,@icial change on the zoning maps will not be nade utitil
the following conditions are satisfied:
1. Sufficient right-of-way is to be provided for Dam Neck Road (90 foot right-
of-way) and London Bridge Road.
.2. A 150 foot drainage easement from the centerline of the existing canal will
be required along the western property line.
Chairman
RDL:ad
On motion by Councilman Payne, seconded hy Councilman Riggs, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Abstain: Councilman Floyd E. Waterfield, Jr.
Absent: None
City Council approved the following ordinance upon petition of Colony
Acres, Inc., for a Change of Zoning District Classification from R-3
Residential District to B-1 Business-Residential District:
ORDINANCE UPON PETITION OF COLONY ACRES, INC., Z01176207
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-3 Residential District TO B-1 Business
Residential District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Colony Acres, Inc., for a Change of Zoning District Classification
from R-3 Residential District to B-1 Business Residential District on certain
property located on the West side of London Bridge Road beginning at a point
224.03 feet North of Colony Drive, running a distance of 250 feet along the
Southern property line, running a distance of 387.39 feet along the Western
property line, running a distance of 100 feet in a Northwesterly direction,
running arbund a curve a distance of 360.24 feet in a Northeasterly direction
and running a distance of 628.09 feet along the West side of London Bridge
Road. Said parcel contains 3.607 acres. (Colony Acres Area). Princess
Anne Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by tlie administrative staff:
1. Standard improvements as required by tlie Subdivision Ordinance
and the Site Plan Ordinance.
2. City water and sewer
3. Appropriate sound attenuation required in all construction and
a "Trutli in Sales and Rental" clause required in all sales and
rental agreements.
Further, this ordinance shall be effective upon satisfactory compliance to
the conditions imposed in this motion, and it is understood and agreed to
by the applicant that the official change on the zoning maps will not be
made until the following conditions are satisfied:
1. Sufficient right-of-way is to be provided for Dam Neck
Road (90 foot right-of-way) and London Bridge Road
2. A 150 foot drainage easement from the centerline of the
existing canal will be required along the western property
line.
This ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 8th day of November, 1976
ITEM Y10196
Petition of Colony Acres, Inc., for a Chanqe of Zonina District Classification
from R-3 Residential District to R-6 I
located 250 feet West of London Bridge Road beginnin, at a point 224.03 feet
North of Colony Drive, running a distance of 1187.57 feet along the Southern
property line; running a distance of 228.64 feet along the Western property
line, running a distance of 1271.52 feet along the Northern property line,
and r6hning a distance of 387.39 feet along the Eastern property line. Said
't co,itains- 6.1 cColopy.ikcre5 Areal. PRIN.CESS A!4@iE BORQ.UrXH..
pa rc e .37 acres .
Planning Commission Recommendation:
A wotion was passed by the Planning Commission by a recorded vote of 8 for
the mtion, 2 against and 2 abstentions to Opl?rove,this.request.:.
Fo@ the informatio'n of th@ applicant, prior to the issuancd of abuilding permit;
the following will be required by the administrative staff:
Standard improvements as required by the Subdivision Ordinance and the
Site Plan Ordinance.
2. City water and sewer.
3. An adequate buffer shall be located adjztcent to the existing single family
homes.
4. Appropriate sound attenuation required in all construction and a "Truth in
Saies'and Rental" clause required in all sales and rental agreements.
F6rther, this ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the
applicant that the official change on the zoning maps will not be made untii
the following conditions are satisfied:
1. Sufficient right-of-way is to be provided for Dam Neck Poad (90 foot right-
of-way) and London Bridge Poad.
2. A 150 foot drainage easement from the centerline of the existing canal will
be required along the western property line.
On motion by Councilman Payne, seconded I)y Cotincilman Riggs, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Abstain: Councilman Floyd E. Waterfield, Jr.
Absent: None
City Council approved the following ordinance upon petition of Colony
Acres, Inc., for a Change of Zoning District Classification from R-3
Residential District to R-6 Residential District:
ORDINANCE UPON PETITION OF COLONY ACRES, INC., Z01176208
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-3 Residential District TO R-6 Residential
District
Be it ordained by the Council of tlle City of Virginia Beach, Virginia,
tliat:
Petition of Colony Acres, Inc., for a Change of Zoning District Classifi-
cation from R-3 Residential District to R-6 Residential District on certain
property located 2SO feet West of London Bridge Road beginning at a point
224.03 feet North of Colony Drive, running a distance of 1187.S7 feet along
the Southern property line, running a distance of 228.64 feet along the
Western property line, running a distance of 1271.52 feet along the Northern
property line, and running a distance of 387.39 feet along the Eastern pro-
perty line. Said parcel contains 6.137 acres. (Colony Acres Area). Princess
Anne 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 improvements as required by the Subdivision Ordinance
and the Site Plan Ordinance.
2. City water and sewer
3. An adequate buffer shall be located adjacent to the existing
single family homes.
4. Appropriate sound attenuation required in all construction and
a "Truth in Sales and Rental" clause required in all sales and
rental agreements.
Further, this ordinance shall be effective upon satisfactory compliance to
the conditions imposed in this motion, and it is understood and agreed to
by the applicant that the official change on the zoning maps will not be
made until the following conditions are satisfied:
1. S@.ufficient right-of-way is to be provided for Dam Neck Road
(90 foot right-of-way) and London Bridge Road.
2. A ISO foot drainage easement from the centerline of the
existing canal will be required along the western property
line.
This ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 8th day of November, 1976
ITE,@4 #10197
Petition of Colony Acres, Inc., for a Chanqe of Zonina District Classification
from R-1 Residential District to R-6
located on the West side of Bridle Road beginning at a point 200 feet South of
Jody Lane running a distance of 867 feet along the Southern property 14,ne,
running a distance of 1796.72 feetalong the Western property line, running a
distance of 741.58 feet along tiie Northern property line arid running a distance
of 1434.44 feet along the West side of Brid@le Road. Said parcel contaitis,
26.415.acr-s.. (Colony,Acres Area). PRI CESS ANNE,BOROUGH.
Planning Commission Recommendatioll:
A motion was passed by the Planning Commission by a recorded vote of 10 for the
motion and 2 abstentions to approve this request.
For the in'fo@m'ation of- the@@pplicdht, prio'r to'thp issuance of a.building pp-rrftit,@
the foll owing will be required by the adniinistrative staff:
l.. Standard improvements as required by the 5ubdivision Ordinance and the
Site Plan Ordinance.
2. City water and sewer.
3. Appropriate sound attenuation required in all construction and a "Truth in
Sa@es'and Rental" clause required in all sales and rental agreements.
Further, this ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this motion, and it is understood and agreed to by the
applicant that the official change on the zoning maps will not be ma(ie until
the following conditions are satisfied:
1. Sufficient right-of-way is to be provided for Dam Neck Road (90 foot right-
of-way) and London Bridge Road.
2. A 150 foot drainage easement from the centerline of the existing canal will
be required along the western property line.
On motion by Councilman Payne, seconded by Coulicilman Riggs,.and by
recorded vote as follows:
Ayes: Council Members Johii A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, Jolin R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing
Nays: None
Abstain: Councilman Floyd E. Waterfield, Jr
Absent: None
City Council voted to defer indefinitely the above petition of Colony
Acres, Inc., for a Change of Zoning District Classification from R-1
Residential District to R-6 Residential District on certain property
located on the West side of Bridle Road beginning at a point 200 feet
South of Jody Lane ruiining a distance of 867 feet alona tlie Southern
property line, running a distance of 1196.72 feet along tlie Western
property line, running a distance of 741.S8 feet along the Northern
property line, running a distance of 1434.44 feet alolig the West side
of Bridle Road. Said parcel contains 26-415 acres. (Colony Acres Area)
Princess Anne Borough.
TTEM #10198
Application of Richard D. Croul and Assigns for a Conditional@Use i,erwll
for recreational facilities of an outdoor na@uurc, ( a@ r@@l@de7on-cc,-F @in
property located at tlie Northeast corner of 21st, St@-eet aiid Parks Avenue,
running a dis'@ance of 430 feet niore or less along the @lortli side of 21st
Street, running a distat)ce of 290 fect more or less along ti)e @,les@L side of
Cypress Avenue, running a distan,.e of 450 feet iiiore or Icss along tli-.
South side of 22nd Stree.1- aiid i,utiiiiiig a distaiic:e of @)BO fc-et rrore or less
along the 1-jes'@erti prop.,rty line. Said pai-cel coii'@ains 2.75 acres iiioi-e or
BOROUGH.
le5s,@. ',i@R.GINT.4
Planning Comiliission Recoll@Tendation:
A motion was passed uiianimously by the Planning Conunission by a recorded
it is incoitipati.ble viith the surroLAnding.
yote.of 1? to deny,@his
.request a
area.
Mr. Bruce Murphy, Attorney, represented the applicants
On motion by Councilwoman Oberndorf, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. IVaterfield, Jr.
Nays: None
Absent: None
City Council voted to defer for sixty days the above application of
Richard D. Croul and Assigns for a Conditional Use Permit for recreational
facilities of an outdoor nature (water slide) on certain property located
at the Northeast corner of 21st Street and Parks Avenue, running a distance
of 430 feet more or less along the North side of 21st Street, running a
distance of 290 feet niore or less along the West side of Cypress Avenue,
running a distance of 450 feet more or less along the South side of 22nd
Street and running a distance of 380 feet more or less along the Western
property line. Said parcel contains 2.7S acres more or less. Virginia
Beach Borough.
ITEM #10199
Application of Amco Oil Coiiipany for a Conditional Use Permit for an auto-
mobile service station on certain propetty I-oca-,,- d at the tlortheast corner
of Virginia Beach Boulevard atid Little @@'ec@ [@oa(l, ruti,)ing a distance of 134
feet along the i,lorth side of Virginia Beach Boulevard ' running a dislance of
151 .44 feet along thc EasteT,n F)rope-ty 1 ine, runnitig a distance of 170 fee@'
aloiig the @@!oi,thcy,ti propcrly Iii,(, anci rurning a dist@irce of 107.60 feet along
@@f,cl, ',load. Said c)ai,cel contains 20,000 sqtiat,e feet
t[ic East side of Little
niore or less. LYNNHAVEI,' BORO'UGH.
Planiiing CoiTi,.ni ssion Reconiirendation:
A niotion vias passed unanimously by the Plannirg Coiiiniission by a recoru4ed vote
of 12 to approve this request.
a
For 'the info@m'tion of the applicant, prior t,3 the issuance@of a 6u*il@ing' permit,
the follo%-,,ing will @,e required by the adr[iirii@trative staff:
1. Standard site improvenients as requirc-cl b:t the Site Plan Ordinance.
On motion by Councilman Griffin, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoyj Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council adopted the following Resolution upon application of
Amoco Oil Company for a Conditional Use Permit for an automobile
service station:
RESOLUTION UPON APPLICATION OF AMOCO OIL R011768S
COMPANY 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 Amoco Oil Company for a Conditional Use Permit for an
automobile service station on certain property located at the Northeast
corner of Virginia Beach Boulevard and Little Neck Road, running a dis-
tance of 134 feet along the North side of Virginia Beacli Boulevard, running
a distance of 151.44 feet along the Eastern property line, runnina. a distanc(
of 170 feet along the Northern property line and runnin@ a distance of 107.6C
feet along the East side of Little Neck Road. Said parcel contains 20,000
square feet more or less. Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by tlie administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance
2. City water and sewer
3. On-site restroom facilities.
ITENI #10200
COUNCILMAN CRONIWELL LEFT CHAMBERS.
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick
L. Standing, and Floyd E. @Vaterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to approve on first reading the following ordinance
to accept a grant for $1,971 from the Virginia Arts and Humanities
Commission and to appropriate these funds for the Artistic Crafts Program:
AN ORDINANCE TO ACCEPT A GRANT
FOR $1,971 FROM THE VIRGINIA
ARTS AND H@IANITIES COMMISSION
AND TO APPROPRIATE TRESE FUNDS
FOR THE ARTISTIC CRAFTS PROGRAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the grant from the Virginia Arts and Humanities Comission (VAHC)
be accepted and appropriated for tlie following purposes:
Estimated Local Total
Revenue Match Appropriation
ARTISTIC CRAFTS
PROGRAM $1,480 $491 $1,971
That the appropriation be financed by $500 estimated revenue from
VAHC, $490 estimated revenue from the Norfolk Library Department, $490
estimated revenue from the Portsmouth Library Department and a local share
of $491 to be transferred from the City Library's Operating Budget (803
code).
FIRST READING: November 8, 1976
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1976.
ITEM #10201
On motion by Councilman Waterfield, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to approve the following ordinance to amend and
reordain Section 23-14 of the Code of the City of Virginia Beach,
Virginia, relating to disorderly conduct:
AN ORDINANCE TO AMEND AND REORDAIN SECTION
23-14 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO DISORDERLY
CONDUCT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 23-14 of the Code of the City of Virginia Beach, Virginia,
is hereby amended and reordained to read as follows:
Section 23-14. Disorderly conduct.
A person is guilty of disorderly conduct if, with the intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk thereof,
he:
(a) In any street, highway, public building, or while in or on a public
conveyance, or public place engages in conduct having a direct tendency to cause
acts of violence by the person or persons at whom, individually, such conduct is
directed; provided, however, such conduct shall not be deemed to include the
utterance or display of any words or to include conduct otherwise made punishable
under this chapter; or
(b) Wilfully, or being intoxicated, whether wilfully or not, disrupts
any meeting of the governing body of this city, or any department or agency
thereof, or of any school, literary society or place of religious worship, if
such disruption prevents or interferes with the orderly conduct of such meeting
or has a direct tendency to cause acts of violence by the person or persons at
whom, individually, such disruption is directed; provided, however, such conduct
shall not be deemed to include the utterance or display of any words or to
include conduct otherwise made punishable under this chapter.
The person in charge of any such building, place, conveyance, or meeting
may eject therefrom any person who violates any provision of this section, with
the aid, if necessary, of any persons who may be called upon for such purpose.
A person violating any provision of this section shall be guilty of a
Class I misdemeanor.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
8th day of November 1976.
AB/ci
11/2/76
COUNCIL@IAN CROMWELL RETURNED TO CHAMBURS
On motion by Councilman McCoy, seconded by Councilman Riggs, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, John R. Griffin, Mayor Clarence
A. Holland, J. fienry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: Councilman George R. Ferrell
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: None
City Council approved the following ordinance to amend Section 38-2 of
the Code of the City of Virginia Beach, Virginia, relating to discharge
of firearms:
AN ORDINANCE TO AMEND SECTION 38-2 OF
THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO DISCHARGE OF
FIREARMS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 38-2 of the Code of the Citv of Virginia Beach, is amended
as follows:
By deleting the words in subparagraph (a) "and Providence Road"; by
inserting after the words "city boundary linell the words "and thence northeast-
wardly along Interstate 64 to its overpass at Providence Road"; and by deleting
the words 4!General Booth Boulevard" and substituting therefor the words "Oceana
Boulevard."
Adopted by the Council of the City of Virginia Beach, Virginia, on the
8th day of November , 1976.
ITEM #10203
On motion by Councilman McCoy, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Obeyndorf, J. Curtis Payne, Roger
L. Riggs, Vice '.Iayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to appoint viewers for the closure of a portion
of Sand Trap Lane, in the Kempsville Borough:
ORDT.MNCE APPOINTING V=RS
THomAs j. jR., et als, Petitioners, have given due and
proper notice, in accordance with the statutes for such cases wade and pro-
vided, that it would on this day apply to the City Council of Virginia Beach,
Virginia, for the appoin@t of viewers to view the below described proper
and repor-t in writing to the Council whether, in the opinion of said Vi
ewer
any, and if any, what inconvenience would result from the d:Lsoontinu:Lng of
here@ftar descr@ portion of Sand Trap lane in the K@sville Borough of
the City of Virginia Beach, Virginia, and have filed such application with the
said Council.
NOW, TBEFIMPE, BE IT ORDA= BY THE COUNCIL OF THE CITY OF VIF<GINIA
I BEACH, VIMINIA:
C. Oral Lambert, George E@ Tinnes, and Robert J
Scott
are hereby appointed to view the below descr@ property and repor-t in writing
to the Council on or before whether in their opinion,
anY, and if any, what inconvenience wuld result from the disoontinuing,
closing and vacating of that certain por-tion of Sand Trap Lane, located in the
Borough of K@sville, City of Virginia Beach, Virginia, and described as
follows:
THAT certain road, known as Sand Trap Lane, as set out in red on
the plat entitled "SUBDIVISION OF PUR, SECTION 10", duly
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 84, at Page 29, and with
reference to said plat being n-ore particularly bounded and described
as follows, to-wit:
BEGIMING at a point at the Northwest corner of Lot 178 as shown
on the aforesaid plat of "SUBDnaSION OF IAPKSPUR, sEcTioN lo,,,
at the intersection of said Northern boundary line of lzt 178 and
i@i the Eastern side of Sand Ttap Lane and from said point of beginning
running thence South 3EP 41 Minutes 10 Seconds East 577.50 feet to a
point, being the Southern mst corner of Lot 174 on the plat afore-
said and frcm said point thence turning and running South 400 44 minutes
48 Seconds West 50.86 feet to a point, being the Western line of said
Sand Trap Lane and also being the Fastern line of that certain Virginia
Electric and Power y's 66 foot right-of-way, as shown on the
aforesaid plat and frcrn said point thence turning and running along
the T@7estern line of Sand Trap Lane North 380 41 Minutes 10 Seconds
to a point opposite the Nc)rttwestern corner of Lot 178; thence
IN THE MA=R OF CLOSIW., VACATING
AND DISOC)NTINUING A PORTION OF P E T I T I 0 N
SAND TRAP IANE
TO: THE MAYOR AND THE MOERS CP THE ODUNCIL OF THE CITY OF VIIZGINIA BEACH,
VIRGINIA:
Your Petitioners, THOMAS J. JR., BARBARA J. HARLAN, STEPHEN R.
CAPIAN, M.D., THCFAS A. SKANSI, M.D., @ @I, NOIZMN P. WEISS, D.D.SL
J. WEISS, ROBERT H. DEMRD, JR. and M. DEFORD, respectfully
represent:
(1) That pursuant to the provisions of section 15.1-364 of the Code of
Virginia, 1950, as aniended, the said Petitioners apply for the vacating, closinj
and discontinuing of a portion of a certain road situate in the Borough of
Kenpsville, City of Virginia Beach, Virginia, and described as follows:
THAT CERTAIN mad, as Sand Trap Iane, as set out in red on
the plat entitled "STEDIVISION OF @PUR, SECTION 1011, duly
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Mp Book 84, at Page 29, and with
reference to said plat being mre particularly bounded and described
as follows, to-wit:
BBGI at a point on the Northwest corner of Lot 178 as s@
on the aforesaid plat of "SUBDIVISICN OF @SPUR, S=ON 10",
at the intersection of said Northern boundary line of Lot 178 and
the Eastern side of sand Trap Lane and frcrn said point of beg=mg
running thence South 38* 41 Minutes 10 Seconds East 577.50 feet to a
point, being the Southern mst oorner of -Lot 174 on the plat afore-
said and fran said point thence tuming and rluming South 40* 44 minutes
48 Seconds West 50.86 feet to a point, being the Western line of said
Sand Trap Lane and also being the Eastern line of that certain Virginia
Electric and Pow-r y's 66 foot right-of-way, as shown on the
aforesaid plat and fran said point thenoe turning and ruming along the
Western line of Sand Trap lane North 381 41 Minutes 10 Seconds to a
point opposite the Northwestern oorner of Lot 178; thence turning
and running across Sand Trap Lane on a course North 51* 18 Minutes
50 Secorids East 50 feet to the point of beginning.
(2) That no inconvenience will result to any person by reason of the said
closing, vacating and discc)ntinuing of this portion of said road, and petition-
ers pray that this Honorable Council appoint Vi @ rs as provided by the afore-
said statute to view the portion of the said road to be closed and report in
writing to the PI-aming ssion on or before Decenber 14, 1976, whether in
the cpinion of the said Viewers, any, and if any, what inconvenience @uld
result from the discontinuing of this portion of said road.
(3) Omt on the 23rd day of October, 1976, notices of the presenting of
this application wxe posted at the Courthouse of the Circuit Court of the City
of Virginia Beach, Virginia, and at @ other public places within the said
City, as evidenced by the affidavit attached hereto, and a copy of said notice.
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.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: None
As Council is aware, Nepratex Industries, Inc., has filed under Section
11 of the Bankrputcy Act. The Committee of Creditors has been negotiating
for several months, as prescribed under law, for the settlement of payment
to the City.
A negotiated settlement has been made by all utilities, including VEPCO
and HRSD, for 25 percent of the amount of unsecured claim. Nepratex owed
the City of Virginia Beach Water and Sewer Fund $139,ISO.47, which means
that we will collect from Nepratex in bankruptcy $34,787.68.
City Council voted to accept this settlement of 25 percent of the amount
of debt owned to the City, to be paid in the next five years.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
Norfolk Division
In Re
NEPRATEX INDUSTRIES, INC.,
Debtor
No. 76-235-N
A C C E P T A N C E
The undersigned, an unsecured creditor of Nepratex
Industries, Inc., Debtor, hereby accepts the plan submitted
to the Court on October 1, 1976.
Amount of unsecured claim:
$ 139,150.47
Dated:
CITY OF VIRGINIA BEACH
Creditor,
J. Dale B
By- imr7@
Title: Cly /ttorney
I'I'EM #10205
On motion by Councilman Griffin, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following tax refunds in the amount
of $4,315.19:
-o: -ale s 0 -@zy
u r
V. A. 'L li@r d.0 Lzezs re Da-@e 1(,)-27-76
cci -ioi @or -z:,< -@@uids
.@01.10wi.-@ Z.DP,L-*@cat;-O,,s for -ze@@U-,id of taxes tota'Ling $ 4.@15,19
ark, c@-rti@iC!d @or paycceic, as s,@'- for-h clow:
v
lo
l@fz;x 0 D@ Z:c
erts, Forest 1976 iP 71584 6-10-76 27.06
en, E. L. 1976 iU O')0426 5-12-76Y i 5 1 . 7 6
i 6-1
I.F, Jr., G. C. 1 9 7 6 PF ?1250 0-76 71 2 3
Elec. Credit,
3, 31 2 . 9
1976 pp 31526
S. Leasing Corl 19761 pp 186427
727.44
es, Joe
garet 1 9 76 ? 3 1 2 05 ',-13-76 10.80
rest L. Ailten 1975 RE 165572 6-10-75 55.07
1 65 5 7 2 2/2 1.1-24-75 55 . r.)7
L. ilarker, Jr 11976 CD 7564 10-18-76 3.75
,P.'oovc -or re @@U,-, do ta-xc,5 .-pp-,coved. D,2 e,
Cy
A-oove abatements t:otaling @ilY App-roved
.@
Richa,,.-d
city cler"@
ITEM #10206
Mr. H. Calvin Spain, Attorney, represented Mr. Joseph Overton.
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.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: None
During the informal session on November 1, the problem of the pro-
liferation of signs and the attempt of the Zoning Enforcement Administrator
to control their proliferation was discussed. As Council will recall,
there is a controversy between the property owner, Mr. James Overton, and
the Zoning Enforcement Administrator over the interpretation of the
Comprehensive Zoning Ordinance.
Section 705 of the present code for sign regulations in the H-1 District
indicates that no establishment may have more than four signs and that
no sign shall exceed 125 square feet of surface area. These conditions,
are the maximum allowed based on a formula that entails allocation of so
much square footage per frontage on the street.
The ordinance does not indicate the distance required between tbe signs.
Since the ordinance is silent on this particular matter, the property
owner feels that he could have several signs I foot apart on different
poles as long as they were not more than 12S square feet. The Zoning
Enforcement Administrator feels that this was not the intent of Council
and that to follow the property owner's recommendation would create a
series of "sign trees" throughout the City and a billboard.
Section 106 of the code indicates that the Board of Zoning Appeals
shall hear and decide appeals from any order, requirement, decision,
or determination made by the Zoning Administrator.
After considerable discussion, City Council voted to approve the request
of Mr. Overton to erect two signs on his property, with the fol.lowing
stipulation:
1. Removal of the billboard on the eastern portion of
the property within the next two months (December-
January)
City Council further directed the Planning Department to readvertise
the amendments to the Zoning Ordinance to correct this problem.
ITEM #10207
On motion by Councilman Ferrell, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Obernddrf, J. Curtis Payne, Roger
L. Riggs, and Vice Mayor Patrick L. Standing.
Nays: Councilman Floyd E. Waterfield, Jr.
Absent: None
City Council voted to approve the proposed extension of the contract
for bus service from Tidewater Metro Transit through February 5, 1977,
subject to the present terms and conditions and with the understanding
that the contract can be terminated if the merger documents are completed
prior to the new expiration date.
DREDGING SPOIL SITE
AGREEMENT
THIS AGREEMENT, made this 8th day of November -1976,
by and between F. WAYNE McLESKEY, JR., (the "Licensor"), of the
one part, and THE CITY OF VIRGINIA BEACH, a municipality of the
State of Virginia, (the "Licenseell), of the other part, WITNESSETH
THAT;
The parties agree as follows:
Section 1. Grant of Permission.
In consideration of Licensee's covenants and promises herein,
and other good and valuable consideration, Licensor hereby gives
and grants license and permission, for the period specified herein
and terminable as herein provided, to the Licensee to enter upon
and use the spoil site of Licensor described below for the purpose
of using it as a dred@.ing spoil and stockpile site for depositing
and storing stockpile sand material dredged and pumned from two
complete maintenance dredgings of Lynnhaven Inlet to be ')erformed
by the U.S. Army, Corps of Engineers, not more tlian @DO% of such
stockpile sand material to be truck hauled by Licensee froTR the
spoil site for tlie purpose of beach replenishment, all on the terms
and conditions as herein set forth, with which Licensee covenants,
agrees and promises to comply. This license sliall, for the purposes
and for the period contemplated hereby, inure to tlie City of
Virginia Beach, Virginia, and the tjnited States Army Corps of
Engineers, the firms with whom they may contract for dredging
and/or truck hauling, and their agents, servants and eriployees
involved therein.
Section 2. Des@r
The property of Licensor that Licensee is hereby permitted
to enter and use as herein provided is t.Tiat certain tract or parcel
of land (the "Spoil Site") containin., 18 acres, lqore or less, located
on the Lynnhaven River and Pleasure House Creek in the City of
Virginia Beach, Virginia, as shoivn on a Plat of Survey prepared by
ITEM #10210
On motion by Councilman Ferrell, seconded by Councilman Riggs, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George
R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy,
Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved standard water and sewer agreements for Fairfield
Park, Section 1, in the Kempsville Borough.
ITEM #10211
On motion by Councilman Riggs, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr., George
R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council authorized the City Manager to enter into the following
agreement titled, "Dredging Spoil Site Agreement", dated November 8,
1976, with Mr. F. Wayne McLesky for use of approximately 23 acres of
Mr. McLesky's property located on the Lynnhaven River for a spoil area
to be used by the maintenance dredge of the Corps of Engineers in late
1976 or early 1977.
City of Virginia Beach, Department of Public Works, Engineering
and Traffic Division, dated 11/2/76, Scale 1" = 1001, entitled
"Plat Showing Survey of Dredging Spoil Site - Lynnhaven Inlet,"
a copy of which is hereto attached and initialed by the parties.
Licensee is hereby granted a right of reasonable and necessary
access to the spoil site and "he Licensor shall not knowingly
or intentionally do any act to interfere with the full use of the
license granted hereby for the purposes contemplated hereby.
However, Licensor reserves the right to develop portions of the
spoil site and the right to deposit and retain suitable sand
material on portions of the spoil site, so long as there is
sufficient remaining area in the spoil site to accommodate
contemplated futute dredging and truck hauling and so lorig as
there is no interference or additional cost associated therewith.
Any additional cost necessary for completion of the second
maintenance dredgiiig resulting from above development will be
borne by Licensor.
Section 3. Consideration for Permission.
This permission and license is given and granted to Licensee
by Licensor in consideration of the promises and covenants of
Licensee contained herein and other good and valuable consideration
and it shall be rent free. Licensee shall exercise its privileges
hereunder at its own risk and shall indemnify and hold Licensor
harmless from all loss resulting from the exercise thereof. The
parties each recognize that Licensor is developing the land of
which the spoil site is but a part and that the maintenance dredging
and sand replenishment truck haul contemplated hereby are essential
to Licensee. Accordingly, each party shall owe to the other
throughout the term hereof a duty to cooperate, deal and act in
good faith, and with diligence and to use best efforts to respect
and accommodate the respective objectives of each other.
- 2 -
Section 4. Insurance and Indemnification-.
Licensee shall obtain, and maintain in effect during the
term of this agreement, comprehensive general liability insurance,
including automobile, which shall name Licensor as a named insured,
as his interest shall appeat herein, so as to provide coverage
against personal injury, including death, and property damage
claims arising out of acts or omissions by those engaged in the
use of the spoil site for the purposes herein contemplated.
Licensee shall indemnify and save harmless Licensor from
any and all damages, claims, loss, demands or suits brought by
any person or persons because of bodily injury or death or for
property damage occurring and arising out of or resulting from
the acts or omissiojis of the City of Vir@.inia Beach, the U. S.
Army CoTps of Engineers, the persons, firms or corporations
either of them may hire to dredge or truck haul or otherwise
use the license, and their agents, servants and employees.
The liability insurance required herein shall be written
by a company authorized to enga-ae in the insurance business in
the Commonwealth of Virginia, and shall be at the minimum limits
of $1,000,000/$3,000,000 bodily injury, and $1,000,000 property
damage. Such insurance policies shall provide for thirty (30)
days notice to Licensor of any change or cancellation. Proof
of such insurance shall be submitted to Licensor prior to the
exercise of the license granted by this agreement. If Licensee
fails, refuses or neglects to obtain such insurance, Licensor
may either revoke this license or obtain such insurance and if
he elects the latter, Licensee shall promptly reimburse Licensor
for any premiums so paid, together with interest at 12% per annum.
Section 5. Taxes.
Any taxes or levy now or hereafter imposed on the dredgin-,
truck hauling operations contemplated hereby or relating to the
operations herein described shall be the sole obligations of
Licensee. Licensor shall be relieved of all taxes relating to
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ownership, use or enjoyment of the spoil site, including without
limitation, any local real estate taxes and assessments cha.rged
against the spoil site, but excluding all taxes due and owing
prior to the date hereof and exclilding all taxes assessable for
the period subsequent to the termination of this agreement provided
the spoil site is free of pipes, machinery and equipmetit used in
the dredging, stockpiling or truck hauling operations and provided
the requirements of paragraph 9 liereof shall -liave been met. if
the spoil site is assessed for taxation as a part of a larger
parcel, Licensor shall be relieved of 'Iis prorata share of the
total tax based on the number of acres contained in the sdoil site
as compared to the total acreage assessed of which the spoil site
is a part. Licensee shall keep the spoil site free and clear of
any mechanics' or materialmen's liens for labor performed or
materi.als furnished at tlie instance or reqljest of Licensee or
anyone claiming under Licensee or in connection with the dredging,
stockpiling or truck haul operation contemplated hereunder.
Section 6. Removal of Property.
On revocation, surrender or upon the expiration or earlier
termiTiation of this license, Licensee shall forthwith quietly and
peaceably surrender the spoil site in the condition specified in
Section 9 hereof and shall remove from the spoil site all pipes,
equipment and machinery. In the event that Licensee fails to so
complete such removal and to leave tlie spoil site in such condition,
after 60 days written notice, Licensor may undertake same and all
costs and expenses incurred by Licensor therein, together with
interest at 12% per annum,, shall be due and owing Licensor
immediately upon written notice thereof by Licensor to Licensee.
-4-
Section 7. The Term of License.
The term of tliis license shall be for a period commencing
as of the date liereof and expiring at 12:01 A.@l. on the 1st day
of July, 1981, unless sooner terminated, (time being of the
essence). All ri.ahts conferred hereby on the Licensee shall
terminate upon expiration or termination, but such termination
or expiration shall not relieve Licensee from any unfulfilled
obligation hereunder.
This license shall become effective upon approval and ratification
of this agreement by the Council of the City of Virginia Beach,
Virginia. If not so approved and ratified by November 30, 1976,
this license shall not become effective. If so anproved by
November 30, 1976, then a co,,)y of tlie resolution or ordinance
approving same shall be furnished Licensor forthwith.
Section 8. Termination or Revocation.
Licensor may terminate or revoke this license at any time
prior to the expiration of the term for a default of any promise,
covenant or agreement of Licensee hereunder upon Licensor's givin.a
Licensee thirty (30) days written notice statin.a such default;
provided, however, that if such default is cured by Licensee
within said thirty (30) days period, this license shall not terminate.
At the expiration or earlier termination of t.Ilis license, all
privileges, rights and uses permitted to Licensee shall cease;
provided, however, that such expiration or carlier termination
shall not be deemed to release Licensee from any obli,aation
hereunder. For example, upon termination or expiration the right
to remove sand shall cease but the duty to spread and level the
sand as required by paragraph 9B shall continue.
Section 9. Use of Spoil Site.
A. Licensee covenants and agrees that the operations and
uses contemplated hereunder shall be in conformity with all
applicable laws and regulations, whether Federal, State, local or
Municipal, relating to the occupancy and use of the spoil site,
including without limitation, those relating to the environment,
and to indemnify and hold harmless Licensor from any and all losses,
claims and damages which Licensor may sustain or incur by reason
of Licensee's failure so to conform. If approval of the spoil site
as a disposal area or spoil site for maintenance dredging of the
Lynnhaven Inlet by the U. S. Army Corps of Engineers is not
obtained from the Corps by December 30, 1976, despite due diligence,
this agreement shall thereupon terminate. Likewise, if the first
dredging is not begun by July 1, 1977, same shall terminate, and
if the second is not begun by March 1, 1981, same shall terminate.
B. As a condition of and consideration for this License
Agreement, Licensee covenants and agrees to use the spoil site as
a dredging disposal area and further agrees during the term hereof
not to use any other disposal or spoil site area for such main-
tenance dredging between stations 80+00 and 158+50 as shown on
Corps of Engineers drawings titled Lynnhaven Tnlet Bay and Connect-
ing Waters, Plans for Dredging. Licensee may remove up to 50% of
the material deposited on the spoil site for beach replenishment.
Licensee may not for any purposes remove any material in excess of
fifty (50) per cent of that quantity placed on the spoil site
during each of the dredging operations. The quantity placed on the
premises will be determined by the Corps of Engineers and will be
based on the last survey before each dredging and the first survey
after eachdredging between stations 80+00 andl58+SO as shown on
-6-
Corps of Engineers drawings titled Lynnhaven Inlet Bay and
Connecting Waters, Plans for Dredging, File No. H-23-14-69 (1-4).
Particular weight in making such determination shall be placed
on the quantities used by the commercial dredging firm for
purposes of its compensation. In the event of a difference
between the total quantity which the Corps of Engineers certifies
was dredged and the quantity for whicii the commercial dredging
firm is paid, then each party to this agreement is entitled to
one half the differing amount. The quantity of material rernoved
from the premises will be determined by the Licensee and will be
based on the number and capacity of vehicles used to haul the
material from the premises. If a commercial firm is used for
truck haul, particular weight shall be given to its quantity
figures.Licensee further covenants and agrees that the stockpiled
material to be provided by each hydraulic dredging shall be confined
within a dike to be constructed by Licensee within the spoil site
and that such dike shall not exceed fourteen (14) feet in height
above the existing ground elevation prior to each dredging, and
that the stockpiled material will be leveled, spread, kept and
left at a reasonably uniform elevation udon completion of each
truck haul witli no slopes exceeding 10% or one (1) vertical foot
to ten (10) horizontal feet, and no differential elevations in
excess of S' within the diked area. The dikes will be spread and
leveled by Licensee only upon completion of the second dredging
or termination of the contract, whichever occurs first.
C. In the event that Licensee does not leave the agreed
amount of spoil material on the premises or does not leave the
premises as agteed in Section 9B, Licensor may take all such
reasonable action and spend such reasonable sums of money in his
sole discretion as he may deem necessary to fulfill Licensee's
-7-
obligations pursuant to this paragraph upon 60 days written
notice to Licensee, and all costs and expenses incurred by
Licensor shall be due and owing Licensor immediately upon
written notice of such costs by Licensor to Licensee, together
with interest thereon at the rate of 12% per annum from the clate
of disbursement of such costs and expenses until the date of
payment.
D. Nothing contained herein shall restrict Licensor
from any additional use of the spoil site beyond that specified
in this agreement provided that such additional use in no way
hinders or interferes with the I.icensee's rights or increases
Licensee's responsibilities or liabilities under this agreement.
Section 10. Notices.
All notices required, permitted or given pursuant to or
in connection with this Agreement shall be sufficient if mailed
certified mail, postage prepaid, return receipt requested, to the
parties at the following addresses:
Licensor: F. Wayne McLeskey, Jr.
2859 Virginia Beach Boulevard
Virginia Beach, ViTginia 23452
Licensee: City Manager
Municipal Center
Virginia Beach, ViTginia 234S6
or to such other addresses to which notice shall have been given
pursuant to this paragraph.
Section 11. Inspections.
During the term hereof, Licensor, its agents and employees,
may enter upon the Premises at any reasonable time for purposes
of inspection of Licensee's operations, making surveys, and
subsurface exploration provided that such entry shall not un-
reasonably interfere with Licensee's operations. Licensee shall
when sanie are available, furnish Licensor copies of the surveys,
documents, determinations, and information relative to quantities
contemplated by paragraph 9B.
-8-
Section 12. Pending Litigation.
Licensor hereby agrees to continue generally (and upon
termination of this agreement and satisfaction of its terms
to dismiss with prejudice) the suit now pending in the Circuit
Court of the City of Virginia Beach, Virainia, titled F. Wayne
McLeskey, Jr. v. City of Virginia Beach, Law Docket #L-2321.
Section 13. Miscellaneous.
A. Notwithstanding anythin, herein to the contrary, the
obligations of Licensee hereunder shall survive the expiration
or earlier termination of the term hereof.
B. This agreement shall inure to and be binding on and
enforceable by and against Licensor, his heirs, personal
representatives and assigns.
C. All remedies conferred on Licensor hereunder or by law
shall be deemed cumulative and no one remedy shall be deemed
exclusive of any other remedy conferred by this Agreement or by
law. In the event of any breach of any of the covenants,
agreements, terms or conditions contained in this Agreement,
Licensor shall have the right to obtain a prohibitory or mandatory
injunction which shall be in addition to (and not exclusive of)
any other remedy for damages at law available under this Agreement
or under law arising out of such breach. Except as provided herein,
failure of Licensor to complain of any act or omission on the
part of Licensee or of others involved in the operations con-
templated hereunder shall not be deemed to be a waiver of any
rights hereunder. No waiver by Licensor, expressed or implied, or
any breach of any portion of this Agreement shall be deemed to be
a waiver of a breach of any other portion of this Agreement or a
consent to any subsequent breach of the same or any other provisions.
-9-
D. In the event of default, the innocent Darty who
successfuly obtains st)ecific performance, injunctive relief
or damages shall be entitled also to recover reasonable attotney's
fees and costs.
E. The Section headings used herein are for convenience
only and shall not be used in construing this A@.reement.
WITNESS the following si.anatures and seals:
(SEAL)
o c
B
(Seal AP OVED AS TO CONTENTS
Attest:
TF, ty er
CITY OF
STATE OF VIRGTNIA: to wit:
I a Notary Public in and for
the City aforesaid, State of Virgi-@lia, do hereby certify that
whose name as such is signed
to the fo'regoing writing has acknoiqled.aed the same before me in
my City and State aforesaid.
GIVEN under my hand th 1976.
is d.y f
My Commission expires: l@1-1,1,61 -;e@,
-10-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
a Notary Public in and for the
City aforesaid, State of Virginia, do hereby certify that George L.
Hanbury and Richard J. Webbon, who are the City Manager and City
Clerk respectively of the City of Virginia Beach, Virginia, and
whose naries as such are signed to the foregoing writing, bearing
date on the z@ day of 1976, have acknowledged
the same before me in my City aforesaid.
GIVEN under my hand this day of 1976.
My Commission expires:
ITEM #10212
Councilman McCoy stated that at the Military Liaison ineeting Captain
McClanan stated that the new Arts and Conference Center was being placed
at the end of Runway Five.
Councilman McCoy stated he mentioned Captain NIcClanan's statement in
order for everyone to know the location and also so tlie problems that
arose around Lynnhaven Mall will not occur again.
ITEM #10213
Councilwoman Oberndorf stated that she had received a letter from
Mrs. Carman Roughton concerning the article in the paper regarding
the lack of response from the police telephones.
Councilwoman Oberndorf requested the City Manager to state whether
there was a misdialing or a breakdown in the equipment.
The City Manager stated that he has discussed the problem with the
Chief of Police and Mr. Bob Berry from C & P, who talked to several
of the operators involved as well as the elderly gentlemen who made
the wrong number, and it was a case of a wrong number.
The Communications Center has 13 lines coming into the Center, and
when all 13 lines are busy there is a recording which states "You
have reached the Communications Center for Emergencies please hold
on and someone will come to you immediately." However, the recording
the gentlemen received was the recording of a wrong number.
Councilwoman oberndorf further asked the City @lanager how frequently
these 13 lines are busy or what is the average time they all might be
in use.
Mr. Hanbury stated that during the evening hours tlie lines are in
use more than any other, and also during the summer months the lines
are busy, however, it is very rare tliat all 1.3 lines are in use at one
time.
ITEM #10214
Councilman Griffin requested information on the report regarding the
Helicopter sheds.
Mr. Hanbury stated that he has received a report from Mr. Lee Eskey
and will present this to Council on November 15, 1976.
ITEM #10215
On motion by Councilman Griffin, seconded by Councilman Riggs, and
by unanimous vote, the meeting adjourned.
(2
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City of Virginia Beach,
Virginia
November 8, 1976
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