DECEMBER 13, 1976
CITY OF VIRGINIA BEAC.
MUNICIPAL CENTER
Lity- VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B.,..gb HENRY M@COY, ],., D.D.S., K@.p-ill@ B.,..,b
VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L@,g@
JOHN A. BAUM, B.,.,h J. CURTIS PAYNE, A.@@ 13.,..gb
ROBERT B. CROMWELL, ],, A, L.,g@ ROGER L. RIGGS, Vigi.i. B@.,b B.,..gh
GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIELD, ],., P.@g. B.,..gh
JOHN R. GRIFFIN, Ly@@h..- B.,..gh A G E N D A RFCIIARD J. WERBON, Ci,y Cl@,k
The City Council of the City of Virginia Beach, Virginia, will assemble in
the Administration Building, Princess Anne Borough, Virginia Beach, Virginia,
in Regular Session, at 12:30 p.m., on Monday, December 13, 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. liolland, 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 at 2:00 p.m., by the Reverend,Malcolm L. Yaple
Princess Anne Methodist Church, Virginia Beach, Virginia. Please re-
main standing for the Pledge of Allegiance.
S. Roll Call of the Council.
6a. Minutes of the Regular Meeting of December 6, 1976, to be presented for
approval and acceptance.
b. Minutes of the Special Meeting of December 9, 1976, to be presented for
approval ancl acceptance.
7. No items for Second Reading.
8. Letter from the City Manager transmitting the recommendation of the
Planning Commission for denial of the application of Boddie-Noell
Enterprises, Inc. for a change of zoning from R-8 Residential Dis-
trict to B-2 Community-Business District on a parcel approx. 37,500
square feet in size, located at the northwest corner f Cape Henry
Drive (formerly Holly Avenue) and Seashell Road (Bayfront Area, Lynn-
haven Borough).
9. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of tlie application of C. S. Yoder &
Co. for a change of zoning from R-7 Residential District to B-4
Resort-Commercial District on a 9,000-square foot parcel located on
the north side of 9th Street, west of Mediterranean Avenue (Shadow-
lawn Heights Area, Virginia Beach Borough).
10@ Letter from the City Manager transmitting the recommendation bf the
Planning Commission for clenial of the application of E. Kenneth Day
and Jahn Wallace Summs for a change o@ zoning from R-1 Residential
District to R-9 Residential Townhouse District on approx. 3.6 acres
located at the intersection of North Great Neck Road and Thomas Bishop
Lane (John B. Dey Elementary School Area, Lynnhaven Borough).
11. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Pine Acre,
Inc. for a change of zoning from A-1 Apartmont I)istrict to A-2 Apart-
ment District on 3 parcels located in the Thalia Village-Southern
Firs Area (Kempsville Borough), and for a change of zoning from A-1
Apartment District to B-2 Community Business District on three parcels
in the same area. The parcels contain a total of 12.03 acres.
iz, Let ter iro iii tiie k, I Ly l@ili Ii LAgCr Li-allSilli L L lllg L41V I ULU]iLitLeliLLa L 1041 Ul Liie
Planning Commission for denial of the application of Corporate De-
sign@' Ltd. for a change of zoning from R-6 Residential District to
.0-1 Office District on an 18,750-square foot parcel located at the
nortliwest corner of 36th Street and Pacific Avenue (Virginia Beach
Borough).
13. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Thomas A. and
Edith Y. Lindsey for a change of zoning from B-3 Central-Business
District to B-2 Comniunity-Business District on a IS,62S-square foot
parcel located on the south side of Potomac Street, west of Aragona
Boulevard (Euclid Place Area, Bayside Borough).
14. Letter from the City Manager transmitting the recommendation of tlie
Planning Commission for approval of the application of The Chapel of
the Good Samaritan for a Conditional Use Permit for a chur-ch on a
4.413-acre parcel located at the southeast corner of Baker Road and
Moore's Pond Road (Weblin Place Area, Bayside Borough).
15. Letter from the City Manager recommending that City Council approve
an Ordinance to amend and reordain Section 5-30 of Article Ill of
Chapter S of the Code of tlie City of Virginia Beach pertaining to
animals and fowl.
16. Letter from the City Manager recommending that the City Council
approve segments of the proposed closure of portions of streets on
the Midway Plat (Kempsville) which are bbing submitted for street
closure and rezoning, with certain exceptions, namely the closure of
Pennsylvania Avenue between first and second streets which could re-
sult in inconvenience to the public. It is understood that certain
pToperty dedications, drainage casements, proof of ownership of all
properties affected by the proposed closures and dedication of the
necessary rights of way on the affected streets will be required to
effectuate the proposed street closures and zoning changes prior to
the changing of the zoning and official street closures and vacation
of the public right of way on the public records.
17. Letter from the City Manager recommending that City Council approve
the request of Mr. V. A. Etheridge, City 1'reasurer, for tax refunds
in the amount of $1,410.21.
18. Letter from the City Manager recommending that City Council approve
the standard sewer agreement submitted by William R. and Evelyn Rita
Walker for property presently described as Lot 11, London Bridge
Gardens and Parcel X "Resubdivision of Lot 12, and subdivision of Lot
13" (Lynnhaven Borough).
19. old business, deferred from the previous meeting, including any report
of the Mayor or committees named by Council.
20. Now business, including any presentatios by Council @4embers, citizens,
and organizations.
21. Motion for adjournment.
@,IINUTES OF TIIE IIONORABLE CITY COUNCIL
OF TIIE
CITY OF VIRGINIA BEACH, VIRGINIA
December 13, 1976
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in
the Conference Room, in the Administration Building, Princess
Anne Borough, on Monday, December 13, 1976, at 12:30 p.m.
Council Members present: 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
Council Members absent: *John A. Baum, Robert B. Cromwell, Jr.,
and **Floyd E. Waterfield, Jr.
ITEM @-10277
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 the disposition of real
property; acquisition of real property; legal matters; and,
personnel matters.
On motion by Councilman Riggs, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Council Members George R. Ferrell, John R. Griffin, llayor
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 John A. Baum, Robert B. Cromwell, Jr., and
Floyd E. Waterfield, Jr.
City Council voted to proceed into Executive Session following
the informal discussion.
*Councilr,ian Baun entered rieeting at 12:45 p.m.
**Councilman Waterfield entered meeting at 12:43 p.m.
ITEM #10278
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following Mernbers present:
John A. Baum, George R. Ferrell, J. Henry llecoy, Jr., Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Absent: Councilmen Robert B. Cromwell, Jr., *John R. Griffin, and
**Mayor Clarence A. Holland
The invocation was given by the Reverend Malcolm L. Yaple, Princess
Anne DIethodist Church, followed by the Pledge of Allegiance.
*Councilinan Griffin entered meeting at 2:15 ]).m.
**Mayor Holland entered meeting at 2:20 p.m.
COUNCILMAN GRIFFIN AND MAYOR HOLLAND EN-IERED MEETING
On motion by Vice Mayor Standing, seconded by Councilman Payne,
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. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to approve the following ordinance upon petition
of C. S. Yoder & Company, for a Change of Zoning District Classification
from R-7 Residential District to -4 Resort-Commercial District; subject
to stipulations:
ORDINANCE UPON PETITION OF C.S. YODER Z01276210
AND COMPANY, FOR A CIIANGE OF ZONI@TG
DISTRICT CLASSIFICATION FROM R-7
Residential District TO B-4 Resort-
Commercial District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of C. S. Yoder and Company, for a Change of Zoning District
Classification from R-7 Residential District to B-4 Resort-Commercial
District on certain property located on the North side of 9th Street
beginning at a point 120 feet West of llediterranean Avenue, running
a distance of 90 feet along the North side of 9th Street, running a
distance of 100 feet along the Eastern property line, running a dis-
tance of 90 feet along the Northern property line and running a dis-
tance of 100 feet along the Western property line. Said parcel con-
tains 9,000 square feet. (Shadowlawn Heights Area.) Virginia Beach
Borough.
For the information of the applicant, prior to the issuance of a
building permit, the following wi.11 be required by the administrative
staff:
1. Standard site improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. No access onto 9th Street.
This ordinance shall be effective from date of adoption.
Adopted by the City Council on the 13th day of December, 1976
ITEM 2
Petition of E. Kenneth Diy and Jahil I,!allace Suril!Tls for a Chanae ol' Zonina
District Classific@,tion fi-o,.m R-1 Resiclei,,tial [)Isl@rict to-@ Residen@@ial
Tot.,iihousL L)is-,i,lcl: Oil Cel@t,@ill DI-O[)-,i,-L,v L@,2aitiniiia at t@.e iiitersec'@ion of
Nloi-tfi Gi@eat L'.cad an(i Tiic as Bisliop L@ne. ruiininq in a @lorth@-i,ly
dii,ection a dis@L,@nce of ll')3 fe-2t Piore or less alo.,Icj the @@est sicie o,
Ttion,as Bisliop Latie, runiiinl iii a dii-@..--tion a dis'u--,rce of 9'@*5
feet P.,oi-e or less aild rui)iiina a diste,,nce c),@ 2,10 leet iflol@e or less a-i,,)nq
the lioi@tiiE,.i,n boliiidai@v of Gi-eat l@cc@',. Sii@ pai-cel is ii@re(ii,ilat, in
slial)e and cotitains 3-'6 ac@-es fliore or less. (John B. Dey Eloincntary Sc@IOC)l
LYI@@@lit@@VEII BOROUGH.
Planning Commission Recorrriendation:
A motion iqas passed by tlie Planninq Comriissioti by a recorded vote of 12 fol'
the niotion and I aqainst to deny this rco'uest as the orodosed zoiiiiiq is not
suitable for tliis e,,ivii,on@iLntally sensitive area aiid is not iii l,eedina @-jith
the Gi@eat Neck DeveloT)ment Plan @,ihicil recorppieiids resideiitial LiSe al@ a deiisity
of 1-6 d%.ielling units ocr acre.
VICE MAYOR STANDING LEFT CIIAMBERS
Mr. Douglas Talbot, Talbot and Associates, represented petitioner
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 Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen R(@lDert B. Cromwell, Jr., and Vice Mayor
Patrick L. Standing
City Council voted to approve the following ordinance upon petition
of E. Kenneth Day and Jahn Wallace Summs for a Change of Zoning
District Classification from R-1 Residential District to R-3
Residential District (modified from R-9 Residential.Townhouse
District):
ORDINANCE UPON PETI-IION OF E. Z01276211
KENNETH DAY AND JAH21 WALLACE
SUMMS FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROAI
R-1 Residential District TO
R-3 Residential District
(modified from R-9 Residential
Townhouse District)
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of E. Kenneth Day and Jahn Wallace Summs for a Changg of
Zoning District Classification from P,-l Residential District to
R-3 Residential District (modified from R-9 Residential Townhouse
District) on certain property beginning at the intersection of
North Great Necl, Road and Thomas Bishop Lane, runnin- in a North-
erly direction a distance of 1133 feet more or less along the @liest
side of Thomas Bishop Lane, running in a Southerly direction a
distance of 955 feet more or less and running a distance of 240
feet more or less along the Northern boundary of North Great Neck.
Said parcel is irregular in shape and contains 3.6 acres more or
less. (John B. Dey Elementary Scliool Area). Lynnhaven Borough.
For the information of the applicant, prior to the issuance of a
building permit, the following will be required by the administrative
staff:
1. Standard site improvements as required by the Site
Plan Ordinance
2. City water and sewer
3. The existing bank along the waterway is to be main-
tained, and there is to be no filling, dredging,
bulkheading or oth6r related waterfront activitie,
without first obtaining permits from the pertinent
governing a.-encies.
4. One-half right-of-way improvements, including pavement
widening, curb and -utter, storm drainage as necessary,
and sidewalks along the property frontage on Thomas
Bishop Lane, and a 10-foot ri@@ht-of-way dedication.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 13th day of December, 1976
ITEM #10283
Petition of Pine Acre, Inc. for a Chance of Zoninci District Classi-ication
from A-1 ADartreiit Dis@Lrict to A-2-Apartilient District oi) certain lots as
sho@,in on tiie Pla@@ of !lid,.-lay.
Parcel 1: Located at the SoLith,,.iest intersection of llest Virqinia Avpnue
I k C)
and ec@ord S@reet, rui,,r,ina a (listance of 869.81 feet'alollq t e S u h sid
of Secoiid Stree'L, runniiin a dis',ance of 773.62 l@eet aloiia tiie @-!eslel-n pro,-
erty line, runnino a' distance of 924.23 l@ee'k-, aloria tlie tlortfiei@i@ bol,,ndary of
.Virginia Peach-!@o-rl@o@i", Express,.-,,ay, i@unnii,,g , distance o' 21 .24 fcet in a
North,-rly d 4 i-ect4on, i-@inninq a distai,,ce c)f 150 feet in a I,!esterly direclion,
I I
and i-unning a dis"aiice of 4-bO fcet alotig tt-@e @.est side of t-lest Vii@a,ini'a'
Avenue.
Parcel 2: Located at the Southeast intersection of I.!est Virainia Avenue and
Secotid S@i-eet, l@Linnina a distance of 200 feet alonn tlie Sout@. side of Second
Street, runnina a distance o" 2'19.33 fect alonq tlle l@iest side o.@ Soith
Kentucky P,,/enue, i-uiininq a distance of 204.60 "eet alono the Southern pi,op-
erty line and rutininal a distance of 270 feet along the @ast side of @,lest
Virginia Avenue.
Parcel 3: Locatc-.d at t@ie Southeast intersection of South KentLicl:y Avent,,e
and c@o@ni S-u@-eet, i@tinnina a dis-@ance o,' 100 feet alonc the South side of
or)erty
Second S'Li,eet, runnina a disl@ance of 193:33 feet aloiia the Eastern pi,
line, runnino a d'stence of 10@1.60 i-ce@, aloi,g '@.he Sotitliern D)@rD(-i@tv line
and runn4lnc a distance of 22A, feet alon(i li,,c East si(le of SoLith lcntucky
Avenue. Said D@i,cels con@aiii 14.52 acres. Plats @@iith i,@oi,e detailed in,@or-
mation ai-e availeble in t@ie I)e,)artrent of Pl,,nnina. (-Flialia Villaoe-South,,rn
Fit's Ai@eas). i"C@-IPSVILLE BO@ZOLI@@H.
Plai)ning Co:,'@niission Recop@mendation:
A Piotion t;as passed L,,nani.@ioLisly [)y tllc, Plai)ning Coll@liss@on hy a recoi@ded %,ote
of 13 tO appi-ove ttiis i,equ@.st.
For the in'orriatiori of thc., ac)plicant, prioi- to tlio isstiince of a L)uildi:no pet--
Plit, the follo%-' -inq 1/2-lill be t-CqLiii@ed I)y the id.[qiriisti,iti,le staff:
1. Standard si'le inidrove,ients 2,s rOCIL)ii-ed I)y thc,. Site Pl,@n Oi,(Jinance.
2., City @-,,atei@ and se@.:er.
3. Stoi-n fcilities are to I)e [)rovi(ic,,cl for tliis site and tiiis is to
incltide an o-it@',ill sv,lte,.i @,iitii 1,@ie necessci)-y di@airiacle e@isei,ictits. T@lis %-Ii 1 1
reqllire i dc.'@3ilcd di-aini(:o study.
Stan@ard cul-@le-sacs i-e to t)e pi,ovidecl at all ends of st)@eets crcate,@ by
ally riaht-of-@.!ay CIOSUI-(-'S.
Fui@tlier, this oi-dinance s@iill ',e effective ui)on satisfactor,/ comr)liai)ce to @he
conditions ir-.nosed in this i@iotion, aiici i@u is'unde(,s'uocd aiid . @,qi@eed to b,,l tile
applican" that thc- of@@ici,,.l cl,,@.n(ie on the zoning riaps @@iill iiot be Piade L;Iltil
tlie folloi-iing condi@Lioti is satis"ied:
A dedica'Lion of a di-aiiiaqe ease,,,,ent, not to exceed 25 feet in %-@idth,
alonq t@ie SOLI'l-t-,el@n @otiiiday,y of the property hoi@dei@ina the Virginia
Beaci)-14or"oll, Expressway.
- - I
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Site
Plan Ordinance
2. City water and sewer
3. Storm drainage facilities are to be provided for this site
and this is to include an outfall system with the necessary
drainage easements. This will require a detailed draina.-e
study.
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 condition is satisfied:
1. A dedication of a drainage easement, not to e@cceed
25 feet in width, alon, the southern boundary of the
property bordering the Virginia Beach-Norfolk Express-
way.
,-his 01 T)
-dfflafice sha"I be eff--ctive from dn-tp- nf 2.(io tion
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 13th day of December, 1976
ITEM #10284
Petition of Pine Acre, Inc., for a Chan(i(,. of 7oi)ina District Classific@tion
froni A-1 Apartpient District to B-2 Cc,,-,iiitiiiiry-L@usiti(@ss Dis'urict on certain
lots as sho%-,,n oii the Plat of tlid@-iay.
Parc(,l 1: Located at tlie Soutlieast inters,,ction of Bonney Poad and P6iinsyl-
vania Avot)Lie, ruiiiiiiig a dis'@@ince ol@ 950 feet aloia tlie South. ide of EOl@,iiey
Road, i-unniiig a distance of 482.25 fc,.e-I alona tho @.!est siee of South
1"entLIC.[,,y Avenue, runninci a distpnce of 950 feet alonci 'Li,e I.Iortli side of
Fit-st Sti@eLt aiid i,un'nitiq a distance of 482.43 feet alonq the East side of
Petinsylvania Avenue.
Parcel 2: Located at the South@,iest ititei,section of Boniiey Ro@ld and Peniisyl-
-i lkvenue, runninq a dist@,nce of 180.31 fect alonq the South side of
vani@
Bonney Road, i-uniiina a distaiice of 212.80 @eet aloiia the I-lestern pro,Lertlv
line, running a dis@ance of 169.11 feet alono the Southern pi-operty line and
I
runnina a distance of 212.44 @eet aloiig the @,.Iest side of Pennsylvania P.,venue.
Parcel 3: Located at the @lorth@-,,est inte)@section of Pennsylvania Avenue and
First Sti-eet, runiiina a distance of 180 feet alonq the @-!es'L side of Pernsvl-
vania Avenue, runninq a distance of 164.15 feet alonq the florthern orope@-@
@y
line, t,unning a distance of 180.27 feet alonc the @-les'u-ertl Droperty line and
running a distaiice of 154.24 feet alotig tlie t@orth side of First Street.
Said pat,cels contain 12.03 acres. Plats @-iitli it,,ore detiiled info-i.,.ation are
avail,ible in t@,e Departi,,ent of Planiiitig'. (T@ialia Village-So@@thern Firs
Areas). KE@IPSVILLE BOROUGH.
Planning Cori,.nission Recomniendation:
A niotioii %.ias passed un,,ninio@isly by tlie Planriinci CoiT'.iiiission by a recorded vote
of 13 to approve tliis r,equest.
For t@ie infoi-riation of 'Ulie applicant, pi-ior to t!ie isslilnce of a buildinq per-
Dlit, tlie follo@,tirin @-jill be i,eqLjii,cLl b@, t@ie ad[,iinistt,,ttive stiff:
1. St,)ndai,d site iniprovei,@ents as reqL)irc,.d t)y t@ie Site Plan Oi-dinaiice.
2. City @.iater ind sc@.iei@.
Mr. Donald H. Rhodes, Attorney, represented the petitioner
On motion by Councilman McCoy, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry D.IcCoy, 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 approved the following ordinance upon petition of Pine
Acre, Incorporated, for a Change of Zonin- District Classification,
from A-1 Apartment District to A-2 Apartment District on certain lots
as shown on the Plat of Midway:
ORDINANCE UPON PETITION OF PI@NE Z01276@'12
ACRE, INCORPORATED, FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION
FROM A-1 Apartment District TO
A-2 Apartment District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Pine Acre, Incorporated, for a Change of Zoning District
Classification from A-1 Apartment District to A-2 Apartment District
on certain lots as shown on the Plat of Midway:
Parcel 1: Located at the Southwest intersection of West Virginia
Avenue and Second Street, running a distance of 869.81
feet along the South side of Second Street, running a
distance of 773.6-@ feet along the Western property
line, running a distance of 924.23 feet along the
Northern boundary of Virginia Beach-Norfolk Express-
way, running a distance of 21.24 feet in a Northerly
direction, running a distance of 150 feet in a Westerly
direction, and running a distance of 450 feet along the
West side of West Virginia Avenue.
Parcel 2: Located at the Southeast intersection of West Virginia
Avenue and Second Street, running a distance of 200
feet along the South side of Second Street, running a
distance of 239.33 feet along the West side of South
Kentucky Avenue, running a distance of @'04.GO feet
along the Southern property line and running a dis-
tance of 270 feet along the East side of IVest Virginia
Avenue.
Parcel 3: Located at the Southeast intersection of South Kentucky
Avenue and Second Street, running a distance of 100 feet
along the South side of Second Street, running a distance
of 193.33 feet along the Eastern property line, running a
distance of 104.60 feet along the Southern property line
and running a distance of 224 feet along the East side
of South Kentucky Avenue. Said parcel contains 14.52
acres. Plats with more detailed information are available
in the Department of Planning. (Thalia Vilal,.,e-Southern
Firs Areas). Kempsville Borough
@il ", @ .......,I @@ I I @ @ I @, 1, I I , 1,1@ @.@ " I I @ @, I I, @ II II Lu II I'@ L;II @I @i
to ilicILICIC al) oliffill, systeiii k)ith the i,ecc@ssary cli-,Iitl@icie ease@IICI)tS.
This %,iill @,eqLlil-e a dt@'uailed StL@d/.
4. Ttie necessiry foi, ttie 60 foot riqht-ol@-@-iay is to
be pi-ovicied aloi,(,, [@or,,)ev "o,@(i and tfic,. f(ill richt-of-@,,ay imorovepicnts
are to be pi,ovided aloiiq Fc)ni,.e, Road
5. Peniisylvaiiia Avc@r.@ie is to t)e flil ly ip@provcd froiii Poiiiiey Road to Second
,,Street to rovid', ,C:ess.
Standard cul-de-sacs are to b@ provideci at all ends of streets created
by aiiy richt-of-@iay closures.
Furthe@@, this oi-dinarce shall be effe-,ctive upon satisfactoi,y ccmdliance to
tlic conditicns ilrDOsej in ti,,is riotior., and it is utidei-stooci aii@i aci-ec-ei to
@l
by tfie applican@, tha'@ th-2 official c@)anqe on the zoni!lq @llaf)s %-Iill no'u be
mde until tlie follo%-,,ing condition is satisfied:
A dedication of rig@t-of-,,.iay 30 feet fi-om the centerline of tl)e
existinq vai,iable @-iid'lh i-iciit-of-viay aloi@g the 1130.81 foot more
or less fi,ontaqe on Ponney Road.
Mr. Donald H. Rhodes, Attorney, represented the petitioner
On motion by Councilman @IcCoy, seconded by Councilman Ferrell,
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., D,,Ieyera
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 approved the following ordinance upon petition of
Pine Acre, Incorporated, for a Change of Zoning District
Classification from A-1 Apartment District to B-2 Community-
Business District on certain lots as shown on the Plat of Midway:
ORDINANCE UPON PETITIO14 OF PINE Z01076213
ACRES, INC., FOR A CI-IANGE OF
ZONING DISTRICT CLASSIFICATION
FROM A-1 Apartment District TO
B-2 Community-Business District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Pine Acre, Incorporated, for a Change of Zoning District
Classification from A-1 Apartment District to B-2 Community-Business
District on certain lots as shown on the Plat of Midway:
Parcel 1: Located at the Southeast intersection of Bonney Road
and Pennsylvania Avenue, running a distance of 950
feet along the South side of Bonney Road, running a
distance of 482.25 feet along the West side of South
Kentucky Avenue, running a distance of 950 feet along
the North side of First Street and running a distance
of 482.43 feet along the East side of Pennsylvania
Avenue.
---- -- ---- @-- -@ 'l- ui boiiney Hoad
and Pennsylvania Avenue, running a distance of 180.81
feet along the South side of Bonney Road, running a
distance of 212.80 feet along the Western property
line, running a distance of 169.11 feet along the
Southern property line and running a distance of
212.44 feet along the West side of Pennsylvania
Avenue.
Parcel 3: Located at the Northwest intersection of Pennsylvania
Avenue and First Street, running a distance of 180 feet
along the West side of Pennsylvania Avenue, running a
distance of 164.15 feet along the Northern property
line, running a distance of 180.27 feet along the Western
property line and running a distance of 154.24 feet along
the North side of First Street.
Said parcels@contain 12.03 acres. Plats with more detailed
information are available in the Department of Planning.
(Thalia Village-Southern Firs Areas). Kempsville Borough
For the information of the applicant, prior to the issuance of a
building permit the following will be required by the administrative
staff:
1. Standard site improvements as required by the Site Plan
Ordinance
2. City-,water and sewer
3. Storm drainage facilities are to be provided for this
site and this is to include an outfall system with tile
necessary drainage easements. This will require a de-
tailed drainage study.
4. The necessary right-of-way for the ultimate 60 foot
right-of-way is to be provided along Bonney Road and
the full right-of-way improvements are to be provided
along Bonney Road
5. Pennsylvania Avenue is to be fully improved from Bonney
Road to Second Street to provide a north/south access.
Further, this ordinance shall be effective from 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 condition
is satisfied:
1. A dedication of right-of-way 30 feet from the centerline
of the existin.- variable width right-of-way along the
1130.81 foot more or less frontage on Bonney Road
2. That thirty (30) days after this date a copy of this Ordinance,
certified by the Clerk, be spread upon the public records in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia,
and indexed in like manner as a deed to lands.
Approval is subject to the following stipulations:
1. Deletion from closure that portion of
Pennsylvania Avenue between Bonney Road
and Second Street.
2. Deletion from closure that portion of
Maryland Avenue between Bonney Road
and Second Street.
3. Deletion from closure that portion of
First Street between Maryland Avenue
and West Virginia Avenue.
4. Dedication of the necessary right-of-
way for the closures of Maryland Avenue,
Virginia Avenue and West Virginia Avenue
along Bonney Road for the ultimate right-
of-way as determined by the Public Ivorks
Department
5. Dedication of a drainage easerqent not to
exceed 25 feet alon.- the Virginia Beach
Expressway.
6. A plat for a new circulation pattern for
this area is to be submitted to the Department
of Planning.
7. The applicant is to submit proof of ownership
of all properties affected by these closures.
Adopted by the Coune-il of the City of Virginia Beao-h, Virginia,
on the 13tb day of December, 1976.
RHO..S ND W@T...
.TT ... @l. @T l@@
VIR.@.I.
that portion of Virginia Avenue lying to the West of all
of Block 10 and South of all of Block 9 as shown on the
said plat of Midway; and that portion of Virginia Avenue
lying to the West of all of Block 3 and to the South of all
of Block 4 as shown on the said plat of Midway, said parcels
being more particularly described on the plat hereinabove
referenced.
THIRD: Those certain portions of Maryland Avenue as follows,
to-wit: That portion of Maryland Avenue which may lie to
the West of Lot I in Block 21 and South of Lots 31 and 32
in Block 20 as shown on the plat of Midway, said Southern
boundary being the Northern right of way line of the Virginia
Beach-Norfolk Expressway; that portion of Maryland Avenue
which lies to the West of all of Block 16 and to the East
of all of Block 17 as shown on the plat of Midway; that
portion of Maryland Avenue which lies to the West of Lots 6
through 17, both inclusive, in Block 9 and to the South
of Lots 18 through 29, both inclusive, in Block 8, as shown
on the plat of Midway; and that portion of Maryland Avenue
which lies to the West of all of Block 4 and to the South
of all of Block 5, as shown on the plat of Midway, said
parcels being more particularly described on the plat
hereinabove referenced.
FOURTH: Those certain portions of Pennsylvania Avenue as
follows, to-wit: That portion of Pennsylvania Avenue which
lies to the West of Lots 1, 2, 3 and 4 in Block 20 and to
the South of Lots 1, 2, 3 and 4 in Block 19 as shown on
the plat of Midway; that portion of Pennsylvania Avenue
which lies to the West of all of Block 17 and to the South
of all of Block 18 as shown on the plat of Midway; and
that portion of Pennsylvania Avenue which lies to the
West of Lots 6 through 12, both inclusive, in Block 8
and to the South of Lots 6 through 12, both inclusive,
in Block 7 as shown on the plat of Midway, said parcels
being more particularly described on the plat hereinabove
referenced.
FIFTH: Those certain portions of First Street as follows,
to-wit: That portion of First Street which lies to the
South of Lots 20 and 21 in Block 3 and to the North of
Lots 1 and 34 in Block 10 on the plat of Midway; that
portion of First Street which lies to the South of Lot
21 in Block 4 and to the North of Lot 34 in Block 9 as
shown on the plat of Midway; and that portion of First
Street which lies to the South of Lot 19 in Block 6 and
to the North of Lot 1 in Block 7 as shown on the plat of
Midway, said parcels being more particularly described on
the plat hereinabove referenced.
SIXTH: Those certain portions of Third Street as follows,
to-wit: That portion of Third Street which lies to the
South of Lots 20 and 21 in Block 16 and North of the
Northern right of way line of the Virginia Beach-Norfolk
Expressway on the plat of Midway; that portion of Third
Street which lies to the South of Lots 20 and 21 in Block
17 and to the North of Lots I and 32 in Block 20 as shown
on the plat of Midway; and that portion of Third Street
which lies to the South of Lot 20 in Block 18 and to the
North of Lot I in Block 19 as shown on the plat of Midway,
RH.... AND W.TS.. said parcels being more particularly described on the plat
AT@ .... @. AT I.W hereinabove referenced.
ORDINANCE CLOSING, VACATING, AND DISCONTINUING
PORTIONS OF WEST VIRGINIA AVENUE, VIRGINIA AVENUE,
MARYLAND AVENUE, PENNSYLVANIA AVENUE, FIRST STREET,
AND THIRD STREET, PLAT OF MIDWAY, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA
WHEREAS, proper Notice that Pine Acre, Inc. would make application
to the City Council of the City of Virginia Beach, Virginia, to have the
hereinafter described streets closed, vacated and discontinued, was duly
posted; and
WHEREAS, application was made to the City Council and,
pursuant to the statutes in such cases made and provided, the Council
appointed Viewers who have reported to the Council that no inconvenience
to the public or to private individuals would result from such closing,
vacating and discontinuance; and
WHEREAS, it is the judgment of the Council that said portions
of the aforementioned streets should be closed, vacated and discontinued.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
1. That the said portions of West Virginia Avenue, Virginia
Avenue, Maryland Avenue, Pennsylvania Avenue, First Street, and Third
Street, as shown on the plat of Midway, Kempsville Borough, Virginia Beach,
Virginia, are hereby vacated and discontinued as a public thoroughfare
of the City of Virginia Beach, Virginia, said streets not being needed
for public use and travel:
FIRST: Those certain portions of West Virginia Avenue
as follows, to-wit: That portion of West Virginia Avenue
lying to the West of Lots 16 and 17 in Block 14 and to
the South of Lots 23, 24, and 25 in Block 15 on the plat
of Midway; that portion of West Virginia Avenue lying to
the West of Lots 13, 14, 15, 16 and 17 in Block 11 and
East of Lots 18, 19, 20, 21 and 22 in Block 10 on the
plat of Midway; and that portion of West Virginia Avenue
lying to the West of all of Block 2 and East of all of
Block 3 as shown on the plat of Midway, the aforesaid plat
of Midway being duly of record in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 7 at Page 130, a copy of said plat being hereto
attached.
SECOND: Those certain portions of Virginia Avenue as
follows, to-wit: That portion of the said Virginia Avenue
lying to the West of all of Block 15 and to the South of
all of Block 16 as shown on the aforesaid plat of Midway;
ITEM #10285
tlr. Donald H. Rhodes, Attorney, appeared regarding this matter.
On motion by Councilman McCoy, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Council @lembers John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. lfenry McCoy, Jr., Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Rig.,s, Vice @layor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to approve the following ordinance closing,
vacating and discontinuing portions of West Virginia Avenue,
Virginia Avenue, Maryland Avenue, Pennsylvania Avenue, First
Street and Third Street, Plat of Midway, Kempsville Borough,
Virginia Beach, Virginia. Closure is subject to the following
stipulations:
1. Deletion from closure that portion of Pennsylvania
Avenue between Bonney Road and Second Street.
2. Deletion from closure that portion of Maryland
Avenue between Bonney Road and Second Street.
3. Deletion from closure that portion of First
Street between Maryland Avenue and West Virginia
Avenue.
4. Dedication of the necessary right-of-way for
the closures of @laryland Avenue, Virginia
Avenue and West Vir-inia Avenue along Bonney
Road for the ultimate right-of-way as determined
by the Public Works Department
5. Dedication of a drainage easement not to exceed
25 feet along the Virginia Beach Expressway.
6. A plat for a new circulation pattern for this
area is to be submitted to the Planning Department
7. The applicant is to submit proof of ownership of
all properties affected by tliese closures.
ITEM #10Q-86
Petition of CorLOrate Designs, Ltd., for a Chan(,e of 7oninc, Disti@ict Cla-,--
-1@iCe DiS-@l-i I
sific,it-ion @rc-i R-6 Residential Dist@,ic-L 'D 0-1 01 c1.
pi,ol)et,lly Iccatcd at @,loi-tii@.!est coi-ner of @,6t[i S@@reet aT,,j Pacific I\ve-i@le,
rLliiiiing a dist-,-ice o@ ]-',O fee' ilo@)(i the l@est s@de of Paci@ic "'venue,
ning a dis"ai,ce of Ici-,t ilor,.a Ih,2 iloi@l--!iern pi-c@orty Iii,,e, @-uniiin(i a
distaii,.c o-@- 150 feet a-ic)nq ti,le @.fest-2i,n Iii@e and i-unnil,.o a dis@a,ce
of 125 Ileet ilonq t!i@a @ic)rtli side ol@ @@ireet. Said pai-cel contai.i@s
18,750 squai,e @eet. - VIPGlt,'Ii@ BEi\Cii PGROUG@l.
Planning CoT.'illissioti Reconimendatioii:
A motion i.ias passed by the Planiiing Caii@missioii by a recoi@ded vote of 12 l'or
the iiiotion aiid I abs@e,.ition -lo deny @Lhis i@eq.-,iest as it 1/2-ias @elt that ap')ro,.,al
of tlie pi@oposed zon-ina, @iould be an intrusion of business uses into a predopi-
inantly residential area.
D.ar. 'i,nomas u. 13roy-Les, Jr., Attorney, represented the petitioner
I,lr. David Adams appeared in opposition to zoning change
On motion by Vice Mayor Standing, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Council il@lernbers John A. Baum, George R. Ferrell, John R.
Griffin, Nlayor Clarence A. lfolland, J. lienry ldccoy, Jr., NIeyera
E. Oberndorf, J. Curtis Payne, Roger L. Iliggs, Vice ?,Iayor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to deny the above petition of Corporate Designs,
Ltd., for a Change of Zoning District Classification from R-6
Residential District to 0-1 Office District on certain property
located at the Northwest corner of 36th Street and Pacific Avenue,
running a distance of 150 feet along the West side of Pacific
Avenue running a distance of 125 feet along the Northern property
line, @unning a distance of 150 feet along the Western property
line and running a distance of 125 feet along the North side of
36th Street. Said parcel contains 18,750 square feet. Virginia
Beach Borough. The petition was denied as it was felt that
approval of the proposed zoning would be an intrusion of business
uses into a predominantly residential area; and also due to the
opposition of the residents in the area.
Business District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Thomas A. and Edith Y. Lindsey for a Change of Zoning
District Classification from B-3 Central-Business District to B-2
Community-Business District on certain property located On the South
side of Potomac Street beginning at a point 125 feet IVest of Aragona
Boulevard, running a distance of 125 feet along the South side of
Potomac Street, running a distance of 125 feet along the '@iestern pro-
0
erty line, running a distance of 125 feet along the Southern property
line and running a distance of 125 feet along the Eastern property line.
Said parcel contains 15,625 square feet. (Euclid Place Area). Bayside
Borough.
For the information of the applicant, prior to the issuance of a
building permit, the following will be required by the administrative
staff:
1. Standard site improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
ITE@l #10288
Application of Chaoel of The Good Sapiai,itan foi, a Conditiaiial Use Pei-piit
for a churcli oii certciin pi-opet-ty located at tII2 SOLIti-,eas" col-rei, of Ball,er
Road and l@loo@,e's Poiid Po@d, running i dis-u@ince ol@ 313 feet i-@oi@e or less
along the East side of Road, runninci a dis-u@ince of 613.:i4 feet alona
tlie Soutliei@n pi,opei@ty "iiiie, I-Liriiinc zi dis@@ajice ol@ 3@)0.11 fe@'t aloll(i t@ie
Eastei@n pro,-ei,t,@ li!ie ai,@' rlii-.nina @ c@is@ance c)f -7150 feet @oi,o oi- less a-long
tiie South sicle of :-'@3ore's P,-rid R,-),,d. Said pai-col contains 4.413 acres.
(I,!eblin Place At,ea). EAYSIDE P;Ot-@OUL-11.
Planning Coir,.iission -Reconimenda-Llion:
A motioii @.ias passed unanirr..ously by the Planniiig Coni,7iission by a recorded vote
of 13 to appro@,e this request.
For the inforination of the a'DPlicant, prior to tlie issuance of a building per-
init, the folloi-ting kiill be required by the adillinistratile staff:
1. Standard site improvenients as reciuircd by the Si'@e Plan Ordinitice.
2. City 1/2-iater and se@.,,er. It is recon"in@.nded that t@,-, ar.,plicant ccntac"
.the Public Utilities Depa@,trrent concei-nitig -Uhe availab-ility of se@-ier-
age facil,ities in 'this area.
3. At least one (1) pai@king space per five (5) seats or bencli seating
spaces in the rrain auditoi@iuni shall be required.
Father Thomas Barkley represented the Church
COUNCILMAN MCCOY RETURNED TO CHAMBERS
On motion by Councilman Waterfield, 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. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council adopted the following resolution upon application of
Chapel of The Good Samaritan for a Conditional Use Permit for a
church:
APPLICATION OF CHAPEL OF THE GOOD R01276090
SAMARITAN FOR A CONDITIONAL USE
PERMIT FOR A CHURCH
Be it resolved by the Council of the City of Virginia Beach, Virginia,
that:
Application of Chapel of The Good Samaritan for a Conditional Use
Permit for a church on certain property located at the Southeast
corner of Baker Road and Moore's Pond Road, running a distance of
313 feet more or less along the East side of Baker Road, running
a distance of 613.44 feet along the Southern property line, runn-
ing a distance of 330.11 feet along the Eastern property line and
running a distance of 550 feet more or less along the South side
of Moore's Pond Road. Said parcel contains 4.413 acres. (Weblin
Place Area). Bayside Borough
For the information of the applicant, prior to the issuance of a
building permit, the following will be required by the administrative
staff:
1. Standard site improvements as required by the Site
Plan Ordinance
2. City water and sewer. It is recommended that the
applicant contact the Public Utilities Department
concerning the availability of sewerage facilities
in this area.
3. At least one (1) parking space per five (5) seats or
bench seating spaces in the main auditorium shall
be required.
ITEM "10289
On motion by Councilman Payne, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., @ctsleyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice A4ayor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to approve the followin-- ordinance to amend
and reordain Section 5-30 of Article III of Chapter 5 of the
Code of the City of Virginia Beach, Virginia, pertaining to
animals and fowl. This amendment provides that the section
of the ordinance pertaining to animals running at large and
being kept under the control of a responsible person shall not
apply to dogs used for hunting in agriculural zones or those
competiting in field trial. It is specified, however, that
such dog shall wear a colfar with name plate identifyine, the
owner and have a City tag affixed:
AN ORDINANCE TO AMEND AND REORDAIN SECTION
5-30 OF ARTICLE Ill OF CHAPTER 5 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO ANIMALS AND FOWL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 5-30 of Article III of Chapter 5 of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained as follows:
Section 5-30. Pemitting dogs or cats to run at large.
It shall be unlawful for any person owning, having control of or harboring
any dog or cat within the City to permit such dog or cat to run at large within the
city. Any person owning, having control of or harboring any dog or cat within the
city shall keep such dog or cat confined to the premises of such person. The words
.. confined to the premises" shall be construed to mean that such dog or cat shall be
kept on the owner's or custodian's premises, unless in the custody of a responsible
person; and provided, however, that this settion shall hot apply where thO owner,
custodian or trainer has put down a dog for the express purpose of huntinq qame in
an area zoned aqricultural where it is lawful to hunt, compete in field trial or
train, and such dog becomes temporarily out of control of such owner, custodian or
trainer or is returning to the place of release after the hunt or chase. Such dog
shall be wearing a collar with a na
tag affixed. If such doq is observed violating any other settioh of the city code,
or commiting an unlawful act under state law, it shall becomo subject to impoundment,
and the owner, custodian or trainer shall be liable for all fines as prescribed by
law. It shall be the duty of the Bureau of Animal Control to enforce the provisions
of this section. The word "owner" shall include any person who has a dog or cat,
or has it in his care, or who acts as its custodian, and any person who permits a
dog or cat to remain on or about any premises occupied by him.
This ordinance shall be effective on date of adoption.
ITEM #10290
On motion by Councilman Griffin, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry @IcCoy, Jr., A4eyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council approved the following tax refunds in the amount of
$1,410.21:
Y
Nocie @fz I-of L ic:@o t:ion Dc, z:c -z
. Jennings 1976 PP 100115 10-28-76 5.40
Property @i ar l 5_' cm er c
1976 PP 35013 6-1-76 156.0@
e Eller 19 7 5P 24420 9-12-75 7 0. 8 7
. Br.-nch 1976 PP 100440 11-12-76
6 0 7. 5,-j
David&
ia 1974 RE 1 55 93 1/2 49.9S
r 0. Po@%,ell 1976 -PP 6 7 98 7 6-10-76 186.1@
Fontaine 1976 PP 93481 10-28-76
Poiqer 1975 PF 98351 1 2 - 2 - 7 5 237.,)@
llatthei,,s 1975 RE 37579 6-10-75 34,22
Schubart 19761@CD D-13283 11-26-76 1.01-
/@bovc! abzi-lemen-@s Approvo
ITEM #10291
On motion by Councilman Griffin, seconded by Councilman @IcCoy,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, George R. Ferrell, John
Griffin, Mayor Clarence A. Holland, J. Henry @IcCoy, Jr., 14eyera
E. Oberndorf, J. Curtis Payne, Roger L. Vice ',Iayor Patricl@
L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council approved a standard sewer agreement for William R.
and Evelyn Rita Walker for property presently described as Lot
11, London Bridge Gardens and Parcel X "Resubdivision of Lot 12,
and subdivision of Lot 13", in the Lynnhaven Borough of the City.
ITEM #10292
Petition of Boddie-Noell Enterprises, Inc., for a Chance of 7onina District
Classi.@ice.'Uicn @rom R-8 Residential Disti@ict -@o B-2 Coi@@T,,unity-B@!siness
R-8 to B-2
Cape Henry Drive, Seashell Road
Lynnhaven Borough
Planning Commission Recommendation:
A motion %..,as passed by the Plaiining Cormission by a recorded vote of 11 'Or
the rrotion and 2 acainst to deny this request due to inadeqlfate drainage
facilities in this area. I
Alr. Grover C. Wright, Jr., Attorney, represented the Petitioner
The following appeared in opposition:
Air. Bob Garnett
Mr. Ray Allen
On motion by Councilman Griffin, seconded by Councilrnan Riggs,
and by recorded vote as follows:
Ayes: Council Ilembers John A. Baum, George R. Ferrell, John R.
Griffin, ilayor Clarence A. Holland, J. Henry AicCoy, Jr., !Aeyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays: lione
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to refer back to the Planning Commission the
above petition of Boddie-Noell Enterprises, Incorporated, for a
Change of Zoning District Classification from R-8 Re,idential
District to B-2 Community-Business District on certain property
located at the Northwest corner of Cape Ifenry Drive (formerly
Holly Avenue) and Seashell Road, running a distance of 225.07
feet along the IVest side of Seasliell Road, running a distance
of 150 feet along the Northern property line, running a distance
of 236-32 feet along the Western property line and running a
distance of 150.17 feet along the North side of Cape lienry Drive
(formerly liolly Avenue). Said parcel contains 33,750 square feet
more or less. Lynnhaven Borough.
ITE,I,l @-10293
Councilman Riggs requested the report on City vehicles.
The City Manager stated the report was extensive, however, it
has been completed and will be brought before Council for their
study before Christmas.
ITEM @-101@94
Mrs. Doreen Schoholz appeared before City Council regarding the
widening of Newtown Road between Baker Road and Independence
Boulevard. Airs. Schoholz cited several dangerous situations
that have happened on Newtown Road.
ITE14 #10295
On motion by Councilman Payne, seconded by Councilman Ferrell, and
by acclamation, the meeting adjourned.
erk rence liol
City of Virginia Beach,
Virginia
December 13