AUGUST 8, 1977
CITY OF VIRGINII BEIC'
41 MUNICIPAL CENTER
VIRGINIA E3EACH, VIRGINIA 23456
MAYOR CLARENCE A. HOILAND, M.D., By.id, B.,..gh 1. HENRY M@COY, J,, D.D.S., K@.p@@ill@ B .... gb
VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORP. A, L.,g@
JOHN A. BAUM, B...gb j CURTIS PAYNE, A..@ B.,..gh
ROBERT B. CROMWELL. J,.. A, L.,g@ ROGER [,. RTGGS, Vigi@i. B..cb B --- gb
GEORGE R. FERRELL. A, L.,g@ FLOYD E. WATERFIELD, ],., P..g. B.,.@gb
JOHN R. GRIFFIN, Ly..h.,@. B .... gb A G E N D A RICHARD J. WEBBON, Cily 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 1:00 p.m.,
on Monday, August 8, 1977 for the purpose 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 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 Lee Beville, Baylake United
Methodist Church, Virginia Beach, Virginia. Please remain standing for the Pledge of
Allegiance.
5. Roll Call of the Council, Public Hearings and consideration of Public Business.
6. Minutes of the Regular Meeting of August 1, 1977 to be presented for approval and
acceptance.
7. Items for Second Reading:
a.) City Council is requested to approve on second reading an ordinance to adjust
appropriations in the fiscal year 1977 appropriations ordinance.
8. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Sun Stream Park for a change of zoning district
classification from R-8 Residential District to B-2 Community-Business for a 16.9
acre parcel located on the west side of Princess Anne Road, south of Lynnhaven Parkway
(Kempsville Borough).
9. Letter from the City Manager transmitting the recommendation of the Planning Commission
for denial of the application of Lyle T. and Mary E. Smith for a change of zoning district
classification from R-5 Residential District to R-8 Residential District on a 1.766-acre
parcel located on the west side of Salem Road, north of Elbow Road (Kempsville Borough).
10. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Boddie-Noell Enterprises, Inc. for a change of zoning
district classification from R-6 Residential District to B-2 Community-Business District
on a .77 acre parcel located on the east side of North Great Neck Road, north of Virginia
Beach Boulevard (Lynnhaven Borough).
11. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Marjorie H. Jard for a change of zoning district
classification from R-4 Residential District to 0-1 Office District on a .27 acre parcel
located at the northwest corner of the intersection of First Colonial Road and Wolfsnare
Road (Lynnhaven Borough).
2. Letter from the City Manager transmitting the recommendation of the Planning Coiamission
for approval of the application of Grier Johnson for changes of zoning district
classifications on a 12.4 acre parcel located on the north side of Holland Road, east
of Rosemont Road. Parcel is currently zoned A-1 Apartment District. Proposes changes:
that 0.6 acres be rezoned I-1 Light Industrial District, 1.6 acres be rezoned 0-1 Office
District, and 10.2 acres be rezoned A-2 Apartment District (Princess Anne Borough).
3. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Ruth H. Cohen, Bernard Kroll, and Albert A. Kroll
for a change of zoning district classification from A-1 Apartment District to B-2
Community Business District. Proposes changes: that 6.9 acres of vacant property
located on the east side of Lynnhaven Parkway, north of Holland Road; and, 7.8 acres of
vacant property on the east side of Holland Road, on both sides of Warwick Drive
(Princess Anne Borough).
4. Letter from
15. Letter from the City Manager transmitting tfte reconimenuaLlOn 01 Lil@' r@alilillie,
for approval of the application of Cassius M. King, Aileen King, and Bruce Buckner for
a change of zoning district classification from B-3 Central Business District to B-2
Community Business District on a .364 acre parcel located on the north side of Virginia
Beack BouleVard, east of Constitution Drive in the Pembroke Shopping Center area
@(Bayside Borough).
16. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Pembroke Meadows Association for a change of zoning
district classification from A-1 Apartment District to B-2 Community Business District
on a 2.023-acre parcel located at the northwest corner of the intersection of Independence
Boulevard and North Witchduck Road (Bayside Borough).
17. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Ocean Park Baptist Church for a Conditional ljse Permit
to construct an addition to an existing church on a .59 acre parcel located at the north-
west corner of the intersection of Dinwiddie Drive and Dupont Circle (Bayside Borough).
18. Letter from the City Manager transmitting the recomendation of the Planning Commission
for approval of the appiication of Muddy Creek Hunt Club for a Conditional Use Permit
to erect a boat house on a 9,018 square foot parcel which is part of the Muddy Creek
Hunt Club located on the east side of Muddy Creek Road, south of Pleasant Ridge Road
(Pungo Borough).
19. Letter from the City Manager reconmending that City Council appoint viewers inithe
application of William T. Wingfield for the closure of a portion of Shell Road (Bayside
Borough).
20. Letter from the City Manager recommending that City Council adopt a Resolution whereby
the City Council generall:y agrees with the conclusions and recommendations presented
in the March 1977, Resource Recovery Implementation Plan prepared for its member local
governments by the Southeastern Virginia Planning District Commission, and indicates
its support and willingness to underwrite its proportional share (not not exceed
(605,000) of a proposed $2.3millionBond Anticipation Note, issued by the Southeastern
Virginia Public Service Authority.
21. Letter from the City Manager recommending that City Council approve an ordinance, on
first reading, to appropriate additional funds for FY 1978 for the payment of Purchase
Orders Brought forward from FY 1977:
General $1,003,855
Water & Sewer 33,160
School Operating 833,434
Law Library 127
Total Appropriations $1,870,576
22. Letter from the City Manager recommending that City Council approve the low bid of
Flora Electric Company, in the amount of $13,621, for the Creeds Park lighting system
which includes the lighting of two tennis courts and one ball field. (Engineer's
Estimate, $15,000)
23. Letter from the City Manager recommending that City Council approve the following
Standard Water/Sewer Agreements:
Banbury Lake Village, Phase II WATER
Kempsville Borough
Chapel Lake Apartments WATER
Lynnhaven Borough
Trant-Berkshire Subdivision WATER & SEWER
Sections 5, 6 & 7
Lynnhaven Borough
CBN University WATER & SEWER
Kempsville Borough
24. Old business, deferred from the previous meeting, including any report of the Mayor
or committees named by Council.
a.) Mr. Charles Parkerson wishes to speak before City Council regarding the regulation
of boating on Lake Joyce.
b.) Lt. Commandar Harris wishes to speak before City Council regarding the regulation
of boating on Rudee Inlet.
25. New business, including any presentations by Council Members, citizens, and organizations.
26. Motion for adjournment.
MINUTES OF TEIE IIONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
August 8, 1977
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. 7@lollaild, in the
Conference Room, in the Administration Building, Princess Anne
Borough, on Monday, August 8, 1977, at 1:00 p.m.
Council @,lembers present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland, J.
Henry DIcCoy, Jr., Councilwoman tleyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing
Council !,,Iembers absent: Floyd E. Waterfield, Jr.
ITE?,,l #11124
@layor 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 following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or eniployees of any public
body.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property.
3. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
On motion by Vice @,layor Standing, seconded by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George
Ferrell, John P,. Griffin, @layor Clarence A. Holland, J. Henry I-IcCoy,
Jr., Councilwoman @,4eyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Vice Alayor Patrick L. Standing
iNays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council voted to proceed into the Executive Session following
the informal discussion.
ITEM #11125
COUNCILMAN WATERFIELD ENTERED IJIFORAIAL L@IEETING AT 1:15 p.m.
Councilman Griffin stated that it has come to his attention that a
problem has come up in the '.q-8 and R-9 zolling classification with
regards to recreational vehicles. There is a 10' setback on one
side of the yard, and a 5' setback on the other side of the yard.
The person who has only a 5' setback is having a hardship created
because he cannot get his recreational vehicle either beside his
house or behind his house.
Councilman Griffin stated that if Council had no objections, they
could look into chan-ing that portion of the ordinance to permit
7-1/2 feet on both sides.
Councilman Payne stated that this was discussed before the adoption
of the RV Ordinance, and Council realized then the problems that
would arise because of the setbacks.
The City @,lanager stated the RV Ordinance has not been enforced other
than the person in violation of the ordinance is given information
on the violation and a date established for them to be heard by the
Board of Zoning Appeals.
ITE@.1 #11126
Delegate Glenn McClanan appeared before Council to discuss the severe
water shortage in the City and to offer ideas of how the residents in
the City can conserve water.
The last session of the General Assembly passed a resolution, which
Delegate McClanan sponsored, creating a joint study commission to
study the methods of water conservation, as far as residences are
concerned, in Virginia.
The Department of the Interior estimates that a family of four (4)
uses approximately 255 gallons of water per day. Of this amount,
100 gallons is used for toilet purposes, and 80 gallons of the 255
gallons is used for bathing. Apparently, the toilet water usage can
be cut in half, and, apparently, the bathing usage can be cut in half.
Delegate McClanan stated the City saves energy in transmitting the
effluent to the Hampton Roads Sanitation District Commission; saves
electricity in the heating of tlae water; and, the Hampton Roads
Sanitation District Commission's effort and responsibilities are
so much lessened because a lot of what they get is excess water.
Delegate McClanan showed and explained to Council several items that
could be used for conserving water.
ITEM #11127
The City Manager stated that as Council will recall, dilring a formal
session, the Council and staff had a discussion with Crown Central
Petroleum Corporation for an application on South Lynnhaven Road. They
wanted two (2) curb cuts. The problem is that curb cuts in a gasoline
station are 37 feet, and if two are placed side-by-side there is little
or no curbing at all.
The City Manager stated that he met with Crown Petroleum Corporation
and requested if they would consider narrowing the size of the curb
cuts, the City would allow two curb cuts - one way in and one way out.
Crown Petroleum agrees with this, and if it meets with Council's
approval the City Manager will permit them two curb cuts.
ITEM #11128
The City Alanager stated that the press coverage on the Energy Package
Resource Recovery Program was misleading. If Council did approve the
Resource Recovery Program it would not mean an immediate outlay of
$605,000, as part of a $2.3 Million study.
The $2.3 Million study would be bond anticipation notes to be sold
by the Authority, of which Virginia Beach is a member. The Council
of Virginia Beach would not incur any cost at this time.
ITEM #11129
At 2:10 p.m., City Council reconv ... d i, the Council Chambers with
the following Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Alayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Members absent: Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
The invocation was given by the Reverend Lee Beville, Baylake United
Methodist Church, followed by the Pledge of Allegiance.
ITEI,l #11130
VICE MAYOR STANDING ENTERED MEETING AT 2:15 p.m.
On motion by Councilwoman Oberndorf, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, ',Iayor Clarence A. Holland, J. Henry I,,IcCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council voted to defer for one week tbe minutes of the regular
meeting of August 1, 1977.
ITEM #11131
On motion by Councilman Ferrell, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. llolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L,
Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council voted to approve on second reading the following ordinance
to adjust appropriations in the fiscal year 1977 appropriations ordinance:
AN ORDINANCE TO ADJUST APPROPRIATIONS
IN THE FY 1977 APPROPRIATIONS ORDINANCE
WHEREAS, several bureaus of the city, as a result of conditions
beyond the control of department heads or constitutional officers,
experienced costs in excess of budgetary appropriations for fiscal
year 1977 and,
WHEREAS, there were funds remaining unexpended from appropriations
in other budgetary accounts,
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH:
That the following adjustments to FY 1977 Operating Budget are
authorized. These adjustments require no additional appropriation
but constitute changes within the existing appropriations.
End of Year Net
Budget Adjustment Total
General Fund
04010 -Commissioner of the Revenue $ 461,833 $+19,813 $481,646
06032 -Sheriff 171,454 +19,640 191,094
06041 -Clerk of Circuit Court 118,610 +6,381 124,991
06120 -Juvenile Detention Home 38,000 +19,241 57,241
10312 -Refuse Collection 3,016,769 +42,776 3,059,545
17010 -General Registrar 125,570 +7,894 133,464
18010 -Insurance 1,022,650 +404,819 1,427,469
19020 -Fire Department 3,101,575 +15,432 3,117,007
29000 -Transfers to General
Debt Fund 7,676,431 -498,580 7,177,851
30000 -Reserve for Contingencies 37,416 -37,416 -0-
Net Totals - General $15,770,308 $ -o- $15 770 308
Water and Sewer Fund
20020 - Source of Supply $3,009,593 $+46,383 $3,055,976
20030 - Water Operations &
Maintenance 1,613,808 +73,373 1,687,181
20040 - Sewer Operations &
Maintenance 747,430 +97,681 845,111
25010 - Revenue Bond Debt Service 277,600 -32,065 245,535
30000 - Reserve for Contingencies 185,372 -185,372 -0-
Net Totals - Water & Sewer $5 833 803 $ -o- $5,833,803
Adopted by the Council of the City of Virginia Beach on the 8th
day of Aup:ust 1977.
First Reading: Au@ust 1, 1977
Second Reading: August 8, 1977
ITEM #11130-
Petition of Sun Stream Park foi, a Clianqe of 7oninq District Classification
froin R-8 Residential District to B-2 C3nllnunity-Busini certain
property located o@i tlie West side of Princess Anne Road beqinning at a point
3740 feet Soutli of Lyniihaven Parl,@,iay, running a distance of 777.81 @.@(!et
along tlie t@iest side of Princess @\iine Road, rlinning a dislince of 78,-., feet
aloiig the @!nrt@ie-t,n property line, running a distance of 105 feet iri ;i
Soutlierly directioii, running around-a cui,ve in a South.@,,,Csterly dircl:',,ion
a dista@ice of 670 feet, running a distance of 185 fcet ii, a Southei'l@,, direc-
tion, runnitig a di!;tatice of 310 fee" in an E@,sterly dii,ection, runriii,,g a
distance of 303.21 fect iii a '@@lorthei,ly direc-Lion and rui-,iiing a distoLti,,,e of
1360.64 feet along tlie Southern property line. Said parcel contail)@ 16.9
acres. KEt,',[ISVILLE BOPOUGH.
PLA,@NI@@lC@ CO!@l@,IISS10fl -RECO', '@E@@DPTIO'!':
A motion viis passed by the Planiiing Coninission by a recardod vote of 8 for
the niction and 3 agaiiist to approve this i@equest.
For the iiiforipatioti of the applica@it, prior @o 'Uhe issuance of a b@lil(iing
perinit, tiie fol-io@-iing-@-.,ill be reqllired by the administr@,tive staff:
1. @Standard inipt,ovenients as required by. the Subd-ivision Ordinance
and Site Plan Ordiiance.
-D seii ce
2. ',4,',y %,iater ztnd scl;e,,-. "i-@ extensio,,i of a 36 inche IL
@in located at tiie iti@Llei,section of Lyriniiaver, @ai-;@-,4ay ar-id Pi,incess
Anne Road aiicl t puiiip stat,ion atid appui,tenances are to be provided
by the developer. Extei)sion of a 20 i.'Ich v,,ater main also located
at tfie intersection of Lynnliaven Pat,k@@lay and Princess Anne Road
is to be pt,ovi(led by tlie d-lvelope@,.
3. An adequatelv sized on-site draitiage systeni 1/2-lill be i-equired for
this site draiiiina to the Saleiii Canal.
4. Access sliall be Ii-,nited to the tei)il)oi@ary access road cotistructed
for the Sun Sti@eiiii )ark Subdivision @@!liicii is @iest of this site,
Ulitil pei,i@ia@leti'@ access c@iii be provided froiyi P@@oposed Independence
Boulevard.
5. A right aiid left ttirn laii,! will t)(,- r@,clu@ii-ed l'o@- tiiis deve-lopill@@it
on False (:ape Pai,i@@-Jay.
6. A 50 foot sce?iic easenierit is to be I)t,o@,icied aloil@i I-alse Czip,-,
Park@.,,ay.
Further, this ordiiiancl sfiall be effective LIPO@L satisfactoi@y coilipliaiice
to the coiiditioiis i!iiposed in this nioticn, E,,-id it is utid(-,i-stood atid agreed
to by the applican;-tf)a@@ the official cliarigc, oii tlie zorling iiia.T,'s wil-I not
be made until tlie @ollo1/2-iirg condition is satisfied:
A dedication of right-of-tqay 40 feet fr,)Ill th,@ centerline of tlie
existirig 50 foot right-of-@-lay and a reserva-@Lion of ati additional
15 feet along the 777.81 foot %ic)re or less frontage on Priiicess
Anne Road (a 15-foot dedicatioii and a 15-fc,ot reservation).
COUNCILMAN GRIFFIN LEFT COUNCIL C'.IAMBERS
COUNCILMAN WATERFIELD ARRIVED I,'q COUNCIL CHAMBERS AT 2:25 p.m.
Mr. H. Calvin Spain, Attorney, represented the petitioner
Mrs. Ifelen Paul appeared in opposition
On motion by Councilman McCoy, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, J. fienry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Abstain: Mayor Clarence A. Holland
Absent: Councilman John R. Griffin
City Council voted to approve the following ordinance upon petition
of Sun Stream Park for a an e o "oni "g D@ strict Cl as si fication
f
.ct t
from R-8 Residential Dist Co.. p
s istri,
13-2 n ty- usines D _t.
1-@lillu'N Ui' bL)iN 6,f'REA@,l PARK FOR Z0877265
A CHANGE OF ZONING DISTRIC-1 CLASSIFICATION FROM
R-8 Residential District TO B-2 Comnunity-Business
District
BE IT ORDAINED BY THE COUITCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Sun Stream Park for a oning Di ct Clas
from R-8 Residential District t e of Z strl slflca'tlo.
Chang
0 B 2 Cmmnity_Bui..E;. DItrct . c@,tai.
property located on the West side of Princess Anne Road beginning at a point
3740 feet South of Lynnhaven Parkway, running a distance of 777.31 feet
along the West side of Princess Anne Road, running a distance of 780 feet
along the Northern property line, running a distance of 105 feet in a
Southerly direction, ruaning around a curve in a Southwesterly direction
a distance of 670 feet, running a distance of 185 feet in a Southerly
direction, running a distance of 310 fe,t in an Easterly direction, running
a distance of 303.21 feet in a Northerly direction and running a distance of
1360.64 feet along the Southern property line. Said parcel contains 16.9
acres. 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 improvements as required by the Subdivision Ordinance
and the Site Plan Ordinance.
2. City water and sewer. An extension of a 36 inch HRSD sewer
force main located at the intersection of Lynnhaven Parkway
and Princess Anne Road and a pump station and appurtenances
are to be provided by the developer. Extension of a 20 inch
water main also located at the intersection of Lynnhaven Park-
way and Princess Anne Road is to be provided by the developer.
3. An adequately sized on-site drainage system will be required
for this site draining to the Salem Canal.
4. Access shall be limited to the temporary access road.con-
structed for the Sun Stream Park Subdivision which is west
of this site, until permanent access can be provided from
Proposed Independence Boulevard
5. A right and left turn lane will be required for this develop-
ment on False Cape Parkway.
6. A 50 foot scenic easement is to be provided along False
Cape Parkway
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 right-of-way 40 feet from the centerline
of the existing 50 foot right-of-way and a reservation of
an additional 15 feet along the 777.81 foot more or less
frontage on Princess Anne Road ( a 15-foot dedication and
a 15-foot reservation).
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
Petition of Lyle T. and Mary E. Smith for a Cliaiiqe of Zotiinq District Clas-
sification from R-5 Residential District to f@@ R sidential Districi'oti
,rtain propei,ty locate(i on the @@icst side of Salelfl Road I,,,2ginning @-,t a point
2640 feet t4ort@i of Elbo-.11 Road, ruiiiiing a dis@,11'ce of 97.72 fc@et alc.-II(I t@le
West side of Salein Road, running a clistance of '100 feet liio@,c or less ciioilq
the Northet,ii liroperty 1-ine, runti@rig.a distaticc,, of 97.37 "eet along '@iie
Westei,n property line and running a distance ot 700.33 f(iet along
Southern property Iiiie. Said parcel contains 1.766 acres mare or -i@--@s.
KE@IPSVILLE BOROUGH.
PLANNING COi%'il'IISSION RECO@.,MENDATION:
A niotion.@,iis passed Ullaililil',)LiSly,by ti,,.- Plztnnino CQ:,,@iiiiss-1c,ri by a rc.@:Dydcd
vote of 10 to deny t@iis i-c,.qucst. it @,.,as fe]L- app@-c)val of till*@
request would constitute spot zoning and woulci [,e detri;@icital to tlic@
sitigle faniily residential chai-acter of the su,.,i-ouildiiig FI,ea.
Mrs. Helen Paul represented the petitioner
On motion by Councilman Ferrell, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to deny the above petition of Lyle T. and Mary E.
Smith for a Change of Zoninz Distrint Classification from R@5 @@.esi-
dential District to H-8 Residential DTstrict on certain properiy located
on the West side of Salem Road beginning at a point 2640 feet North of
Elbow Road, running a distance of 97.72 feet along the West side of Salem
Road, running a distance of 700 feet more or less along the Northern pro-
perty line, running a distance of 97.37 feet along the Westerh property
line and running a distance of 700.33 feet along the Southern property
line. Said parcel contains 1.766 acres more or less. Kempsville
Borough.
Approval of this request would constitute spot zoning and would be
detrimental to the single family residential character of the surrounding
area, therefore it was denied.
ITEM #11134
.Petition of Boddie-Noell Enterprises, I,,ic., for a Change of Zoninq Disti@ict
Classification froni R-6 Resident@al Distr,ict to [3--F@orniinity- us@iness
Fistr-lct oti-certain propei,ty looited on 'L@ie East sicle of North Great Neck
Road be@iinning at a p,,)in-L @)CO f,-,E,.t riiore o- less of Vi,rgiriia E@eacil
Virginia Beach Blvd., cif 3,-10 feet iiiore or less alojig t@ie EE,,st side.
of Nioi,th Great t@@eck Road, I'Lilin'il)g a distance of 7'@).31 feet e@lo,@-@g tlie
Noi,thern propet,@ line, t,Litiiiiiig a dis@a,.i,-e of 434.31 feet aloi,lg the Easte@,i-)
propel-ty line and ruilning a (listatice'of 91.71 ]eE-@t alotig tiie Soutfiern pro@.@-
erty Iiiie. Said parcel co@itaitis .77 act,e nioi,e or le,@s. @'Point 0 @!oods
Area). LYNNHAVEN BOROUGH .
PLANtlING COMMISSIOtl RECO@'@',,!E;ID@,TION:
A itiot-ioii @.iaS passed by thc@ P-1@ttinirig. Coini-,iissioil by a record@,.@
vote'of 11 t6 ar@pro%le- tlil,l
For tlie inforrfiatioli of tlie. al),,)I lcaii-L, pt,ioi, 'Lo t@ie issuatice of a
pet'ini t, t@.e follo@ving ,qill bL @'eqLiii-ed @y t@ie adi!ii@iistri'--ive staff:
1. Standard if;ipi-ovei@@,2iits as i,equi@'ed by tf,'c Site Plaii Ot,diii@iiicc-@.
2. This parccl is Ll.o Lc., L@-,cd olli@, fo@@ iligl-(?,SS zind egi-ess to
properties to tlil soi@lli aiid east.
;3.1. The e, wi I I be no fvt'ure...iiiedian. openi ng,.:other. than the propbsed
opening opposite Old @real.- N--cf@ Road as slio-,,rn oii plaiis on file
in th@-@ 1 4 4 4
4. No compiercial facilil-v is to be plac@-d 01-i this parcel.
5. A 20 foot bufl'e@, @iith a 6 i@oo'@' [)i,ivacy fetice is -uo be provided
along the eastei,n boutidary adjacent to the residential area.
I-epl-usenteci ttie petitioner
The following appeared in opposition:
Mr. Robert Green
Mr. Richard Barton
After considerable discussion, Councilwoman Oberndorf made a motion,
seconded by Vice Mayor Standing, to deny the above petition of Boddie-
Noell Enterprises, Inc., for a Change of Zoning District Classification
from R-6 Residential District to- -2 Community-Business District. The
recorded vote is as follows:
Ayes: Councilmen J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf,
and Vice Mayor Patrick L. Standing
Nays: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. Curtis Payne, Roger L. Riggs,
and Floyd E. Waterfield, Jr.
Absent: Councilman John R. Griffin
The above motion to,deny the petition of Boddie-Noell Enterprises,
Inc., for a Change of Zoning District Classification from R-6 Resi-
dential District to B-2 Community-Business Distr@t was lost.
ITEM #11134(a)
On motion by Councilman Riggs, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. lienry McCoy, Jr., J. Curtis
Payne, Roger L. Riggs, Vice Mayor Patrick L. Standin,-, and Floyd E.
Waterfield, Jr.
Nays: Councilwoman laeyera E. Oberndorf
Absent: Councilman John R. Griffin
City Council voted to refer back to the Planning Commission the
above petition of Boddie-Noell Enterprises, Inc., for a Change of
Zoning District Classification from R-6 Residential District to B-2
Community-Business District on certain property located on the East
side of North Great Neck Road beginning at a point 560 feet more or
less North of Virginia Beach Boulevard, running a distance of 390
feet more or less along the East side of North Great Neck Road, running
a distance of 72.-31 feet along the Northern property line, running a
distance of 434.31 feet along the Eastern property line and running a
distance of 91.71 feet along the Southern property line. Said parcel
contains .77 acre more or less. (Point-O-Woods Area). Lynnhaven
Borough.
ITEM #11135
Petition of Marjorie H. Jard fol, a Chanic of 70rinq I)istrict Classificaticii
from R-4 Resideritial District to 0-@O @@ c, Dist@l@G operty
locatecl 15 feet Vi@st. c,,f Fii,st poad begiriiiing @'u a,poil)t 15 feet
07 .staiice of 54.-j5 feet
'd, d,,
more 01- leSS [@orth of @ I r@
along tlie Eastern 1),@operty Iiiie, I'Litinill@l disLdl)c(,' of "147.68 fe,@'u al0lig
e@, (,)0.75 -eet alolig the
the Noi,therti prop t,,, line, i,uniiing.a dis@iiice of I
Westei,n property i,untii@ig l distancf, c,,f 125.10 feet along th,@, SOLltll('r@-I
pi-operty lille aild I'L@l-i-iing a clistarice of ')E,,.74 feet in a i'@ortlieastel'ly
tion. Said parcel ciitaiiis .27 acre nicre or less. LYI@1[4riAVEN 130,,@,GUGH.
ID"
PLAtINING COIVIISSIO@i RECO@'it,IE@@ ITIOrl:
A moti,oti %,!,as passed b,,, t@ie PlEiniiing Coniiii-'Ission I)y
vote of Ii to appi,o,,!-2 -@llis
For thc@- iiiformatioil of the @,pplicailt, pi,iol, to ttie issl!allce of a
permit, the follo@@iii-,c [,,c i@ec,,uired b.@, th,@, adiiiinisti-ativ-- s.taff:
1. Standard ii@ii)i,ovenie.nts z,,s requii,c,,,,i by tile Site Plan Ordii-ia@ice.
2. Plity water atid sE,.,,qer.
S i nce rely,
ivir. 'i'liomas Ammons, Attorney, represented the petitioner
On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, @xlayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Robert B. Cromvlell, Jr.
Absent: Councilman John R. Griffin
City Council voted to approve the following ordinance upon petition
of Majorie H. Jard for atrhan e of Zoning D istrlct Classifi'ca -on
from R-4 Residential D s i t t, O_l Off., 1,
i e D,.tr _t.
ORDINA14CE UPON PETITION OF 14ARJORIE H. JARD Z0877266
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-4 Residential District to 0-1 Office
District
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Majorie H. Jard for a Classification
from R-4 Residential District to 0 in property
located 15 feet West of First Colo oint 15 feet
more or less North of Wolfsnare Ro 54.35 feet
along the Eastern property line, runn ng a distance of 147.68 feet along
the Northern property line, running a distance of 90.75 feet along the
Western property line, runnin- a distance of 125.10 feet along the
Southern property line and running a distance of 38.74 feet in a North-
easterly direction. Said parcel contains .27 acre more or less. Lynn-
haven 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 Site Plan
Ordinance.
2. City water and sewer.
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 August 1 1977.
ITEM #11136
Petition of Grier Jo@i!ison for a Chari-qe of 7-(i@)i-irlq District Classific@il..ioi
District orl ce@,LFi.t)
froni A-1 Apart;iient Dis@Irict to 1-1, t
property located on the @@orth side of Flolli:ici ioacf beginiii!lg at a p()i@-,t
1220 felt iiiore or Icss East of Rosciii,,)rit Po,@(1, i,urriiii@j a distance of feet
along the @,oi-Lh sidc- oli-- [iollaiid Roae,, i-unni@i(I e, d"stance oC 394.41 i@-,t
alorig thc, Eastei,n property Iiiie, runiiiiig a (listi.ince of 70 feet alon.,, Liie
t@ortiiern pi@operty lirie aiid ruriiiing @i dist,)iicc-, of 394 fee,@ @tiong the- @!@-stern
property line. Said parcel coritains-0.6 aci-(,. PRI[ICES@ /\[,,NE BOIZOU(,;i,,.
PLANNING COM[,IISSIOti RECO@liME14DATION:
A motion t-@as passeci utiininiously by the Plannitig Coriiiiiission by a rcc,)i@(led
vote of 11 to approve. tliis i,equest.
ror the iiifoi@pi; ti o ii iD f -t@Ii @, a@)i IiCE[-l- , 01'iCll, 'co t(2 iSSLII'@C Of a b('i (I ill g
pernii t, t@ic@@ f o] I owi tig @@ii i I be r,uquii,ed by ti,@e dil,linis'@@(@,,ive stal@f:
1. Standarct improveitients as i,eqLli@'ce, by L@ic, Sulodivision Di@dirialicc,
and S.ite Plan Orditince.
2. City water and sevier.
3. No iiiedian opeiiings will be allo@qed along Holland Road.
Mr. Walter Monahan, Talbot and Associates, represented the petitioner
On motion by Councilman Payne, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Nlayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to defer for two weeks the above petition-of Grier
Johnson for a Change of Zoning District Classification from A-1
Apartment District to I-1 Light Industrial District on certain property
located on the North side of Holland Road beginning at a point 1220
feet more or less East of Rosemont Road, running a distance of 70 feet
along the North side of Ilolland Road, running a distance of 394.41 feet
along the Eastern property line, running a distance of 70 feet alon.- the
Northern property line and running a distance of 394 feet along the
Western property line. Said parcel contains 0.6 acres. Princess Anne
Borough.
ITEM #11137
Petition of Grier Johnsoll for a Chanqe of Zoni!ia Di-,trict Classification
froni A-1 Apartment District to 0 Dist@T t@o rty
loc,ited oti tlie @lorth side of Polland @,o-d, begiiiiiing 3t a point 950 fcet
more or less Ez!si-, of Roid, l'Uri,,@ng i distlllc(' of 212 feet alollg
the Nortli side of @:olland roEd, runiiiii,,i a distaiice c)f 245 fc,.e,-L, along t@le
Eastei-n propei,ty line, riii,,,iirig a distatlcc of 275 fe I
.et along tlie North.-,n
property line at,d ruiinifig a distalice.of igo feet Etiong the @@,lester-ti propc(,tv
line. Said parcel colitait-,s *1.6 aci,cs. PRINCESS Al,@l,,,E BORC,@J@,@l.
PLA141@ING COM[IIISSIO@L PECO@-',.',!Ei,IDATIOII:
A motion was passed urianiiiio@isly by the Planning -oii@Tiission y a record,-
vote o-f 11 tc)
c r SSLianCe Cr
[:01, tilc@ il@ 11 1) to ii@ i
,@)p I @, b"ji I c@
periiii t ,tlie. fol 1 0%,ii ng I 'i be required L@y tlie aci,ilinistrativ(@ staff:
I.,. StandE@i'd inprovc:,@@ll@s as i@ecluji-ed by thc! Subdivisioll Ordil)ar,,Cc@.
I L
anci Sit-2 Plan oi-c@-iiipi)(,e.
2, City v@,,itc@r and
3. t@o niediari or)e@iiii@l- be allc@@lted ;.ilo!ig @!ollarld Road.
-ess ' -d of ol'alid-Road
No jrgi @iill be allow. f H
Mr. Walter Monahan, Talbot and Associates, represented the petitioner
On motion by Councilman Payne, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, @,layor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. IVaterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to defer for two weeks the above petition of Grier
Johnson for a Cha District Classification from A-1
Apartment Distric roperty located
on the North side of Ilolland Road, beginnin.- at a point 950 feet more
or less East of Rosemont Road, running a distance of 282 feet along the
North side of Holland Road, running a distance of 245 feet along the
Eastern property line, running a distance of 275 feet along the Northern
property line and running a distance of 190 feet along the Western pro-
perty line. Said parcel contains 1.6 acres. Princess Anne Borough
ITEM #11138
Petition of Grier Jclinson for a Ch@,iicie of Zoniiici, District 'Ulassificall-'!c,,n
Disti,ict to @ci-- -@cTt-a i n-
froni A-1 Apartnient l@ T t@,iie6 i s@r i c t-o ii pr@,@ i,ty
located on tiie @@orth side of Iloll@,iici tzo@ci I)egi@@,iiing at a point 920 fl@,.l
or less East of Rosci;lont Road, riti,,iiing @i (listailce 0
niore C)72.88 fc@c,!, Ilollg
tlie Southe@@n pi@pei-ty line of @@iiiicii C)D @eeu is 'u@le Nortli side of Hc)i@,@@iid
Roa(i, runiiitig a distance of 596.7C) feet @ilong tiie Eastei,ii f)roperty
of 707 )c,i"y line ri,,n-
runtiing a dis'@ance .74 feet ttie p-ror I
nitig a distance of 679.22 [@ect aloiig '@lic @les@c,.i,ii property line. Sai (i
pai,cel contains 10.2 ac@@cs. PRI@,ICESS AN@,@l--
PLANNII@G COi@i%IISSIO@,' PECO!",;@iE[IDATIO@l:
I @ta@idard iiiil)i,ovc@ii@iits as i@equired by the Subdivisioii Ordil)E@ll(,e
aiid SitL Pl@Fi C)rciiiiance.
2. . City t-iater aiid se@,,er.
3, No,medianiopenings'wil@l be allowed along,.Holland Road.@
4. An si-/Pd is ',-o b(,, pi@c)%@-i(,Icd over th@.
d@tc[i along t@lie kl:t@stct,ii I ; ne ,iici this di ucii is Lo be
pip(,d wi'Lh this cieielop@i@ent.
Further, this ordinance shall be effcctive tipon satisfactory COn'.Dliance to
the coriditiotis iiiiposed iii tfiis riotioi, atid it iS Lincierstoocl and agreed to
by the applicarit that @'he official cli@ngc oti tiie zoi)ing iflaps 1/2-lill liot be
made until the following col)ditiorl i@, s,-itisfieJ:
A (leclic,@tio!i cf a 6u
1/2,@liicli ilo@ld
iiiLrits pyeliiiiinLt-y si@@- plafi date(I i' 2\, 2@, 1-@117.
Mr. Walter Monahan, Talbot and Associates, represented the petitioner
On motion by Councilman Payne, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. Ilenry AICCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Rig,s, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to defer for two weeks the above petition of Grier
Johnson for a Change of Zoning District Classification from A-1
Apartment District to A-2 Apartment District on certain property located
on the North side of Ilolland Road beginning at a point 920 feet more or
less East of Rosemont Road, running a distance of 67-@.88 feet along the
Southern property line of which 60 feet is the North side of Holland Road,
running a distance of 596.76 feet along the Eastern property line, runnin.-
a distance of 787.74 feet along the Northern property line and running a
distance of 679.22 feet along the Western property line. Said parcel
contains 10.2 acres. Princess Anne Borough.
ITEM #11139
Petition of Ruth H. Col)en, Bernard Krol i and Alb@rt A. Kroll for a Cli@iytqe
of Zoning District Classificition fi-o,,i A-1 Apai,tilleiit District to B--2
Con@ilitli'll@ty-B(isilless Disti,ict Oil CC'.I"@aiii propc,,rly located oi-i tli-- Easi@ @,ide
of Lyn@iliivet,l Pari,,@.iay t)(@,jiniiing at a poiiit @160.@'3 feet iloi-Lli of Holl@l@@ci
[load, ruiinitig a dist@,nce ol- 811.50 fcet alori( tl@e East si@le of Lyn)i.@:ivclli
Parkway, i-utiiiirig a distance of 40@),@,O feet aioiig tlie propc@l")@@,
IiiiL, runnii)g a distance o@ 781.89 f,@.@IL '@-iie T@l'OPCI-,,y
artd r-L.,nning a distance of 322.82 i-ee'L- alotig tiie SoutlierTi prc)i)(,rty i 'I
Said parcel contains 6.9 icres more or less. (Scarborou(ill Squai-e
PRINCESS ANNE BOROLIGH.
PL/\@@NIHG COt@'@IISSIO@,!
A rtidtioii pz,,sseci b,, ai,ii @@f I,,y a r(-)corded vote fol,
the iiiotion and 2 a(lainst to @tl)l)rove t[iis reqLl('St.
-Lo
For tlie infor,,Ti@itiori of ti-le@ @pplicEll-,t, J)t,ior t, tlie issuatice of ,l bL;'. l(ling
permit, tfie follo@iihg will be i,equii-c,,l b\ll th,2 @diTiiiiis'@-rative staff:
1. St a iid,@.rd in@prov,,i io@iit , as re (lUi i,Cd L)y tii C SLlbCl'i vi -Li on Or di n@
and Site I'lan Ordinance.
2;@' Ci ty: viater: aftd @ sewer.-
3. A median openii,,g at@,l left tlii,n lal iE to L, ,, provided iiiid@-,,a.v
bet@-ieen [:et-ii @@(,)@,d iii(] tii(-, uxist.it@g iii@didn ol)e.,iiiig near
the eastei,n side of the property.
Mr. H. Calvin Spain, Attorney, represented the petitioner
On motion by Councilman Payne, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Rig.-s, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to approve tlie following ordinance upon petition
of Ruth II. Cohen, Bernard Kroll and Albert A. Kroll for a hange of
Zoning District Classification from A-1 Apartment District to B-2
Community-Business District:
ORDINANCE UPON PETITION OF RUTH H. COHEN, BERNARD -@0877267
KROLL AND ALBERT A. KROLL FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM A-1 Apartment District
To B-2 Community-Business District
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACII,
VIRGINIA, that:
Petition of Ruth H. Cohen, Bernard Kroll and Albert A. ",roll for a
Change of Zoning District Classification from A-1 Apartment District
to B-2 Community-Business District on certain property located on the
East side of Lynnhaven Parkway beginning at a point 560.93 feet North
of Ilolland Road, running a distance of 811.50 feet along the East side
of Lynnhaven Parkway, running a distance of 405,50 feet along the
Northern property line, running a distance of 787.89 feet along the Eastern
property line and running a distance of 30-2.82 feet along.the Southern
,@tqinq C,.() nrrpq mnrp. c)r les.-.
ITEM #11140
Petition of Ruth H. Colleti, Bernard Kroll and AlLert A. Kroll for a , l@at q@e
of Zo,niriq District Cldrsificitioii from A-1 rkpar'Lment District to B-@'
o@,i,,iun-i t oii FccIs lo ca ted on the Eds t sid(, of @ic, I land
Ro-,id, South of Lyiiiiiia%'ell
Parcel 1: Beginniiig at ci poii,,t 435 feet inore or- less Scijtli of Ly)iii'i@ive@i
runnirig a distance of 80.91 feet aloiig ttie East side of liol land
Road, runiiitig a distaiicc, of 249.42 fc@el alotig t@@c Soutli,@i ii propert,,,i I ii'le
and running a distaticc,. oF 199 fec!t Ilong t[ic tqoi-tiiern p@,,;perty Said
parcel is iri,egular in sliape and contains O.') aci,e.
Parcel 2: Begintiit)g at the tioi-thez-,.@t coriier of @!ollaiid Roa !d and
d4
[,oad, rl!il@lillg a @of 533@63 @c@t Y i i Or) , I tIq
a distancc, of 403 fc@-c2'@ -iit -a di@ I-Lil a disi-,@ t)f
260 feet iloiig the East,-2i ri pror)er'uy lin(, and r@iii,,ii tig a (lista,-ice of
feet alo@ig tiie i@@oi,Lli sidt, c)l@ Di,ivc,. S@lid Pdi-CCl C. 0 n tl i 11 s
acres.
ll,ircel 3: Beginiiiiii @it the Soutii(,ast coi-iiei, of I!ollind RoL@d atid
Drive, -FC@-iining a disi-Fticc- of 270 feet alotig tl,c, 'L@,st sici@-of ':@ocAd,
runiiinq a distance. of lilo feet aloncl.the Soutlici,n propei,.ty line,.I@Lil'ill:lrlg a
'@:dittan-c-e 6-f-'220 f6@t al*o-iig-'the Eisl-.e@n,@,roperty@'linL-;'and'rdrihin@ a'dist@nc@'@-
of @-10 ,long iiie. @c)L;I,ii )i Di S,@i@l
2.9 acil--S.
Plats with moi-e detailed information ai,e availal)le ill ttle Dc,.partment of
.Planning. (Scai,borough Sqtiare Area). PRII@CESS AN@IE BOROUG@ L1.
PLANNIiNG CO@,IMISSlOi4 PLcOti"'IENDAI-101@:
A motion passed by the Planning Coifiniission [)y a recorded vote of 9
for the motion and 2 against to api)@'ove this i,c.-quest.
For the iiiloi-i,,i,:itior c)@ t!@,,, of
pel'illi t, tlic-- fc)l I 0%@i 11--i @,, i I I bL! i,; I-I,y
1. Sti,,tidi,,rd a,, requircd il@, ti@e Sui)div@sio@,, Oi,cii;iirice
and Site [],iii Or,jiriziiicc.
2. City %-iater ai,,cl
3. tlo fu@u-ui-e i@cdi,@ll OI)C'.Ilii-lgs @!i-il @)r, lir-@i-iii@tteci !IC)lllri@l @,(,,Ici
otlier thar. t@i(, !)rol)osecl i,i,,,cliall (l!) @in(@ !)i-ive
as sliown o)i t@.2 I:ollinl [@o@,d plEir,,@ oii file iii 'L!ic Eri(,in@-L)t,itig
Division.
4. A buffer is to be pr,ovid,-,cl along t[ic-, to
the resideii'uial areas.
Mr. H. Calvin Spain, Attorney, represented the petitioner
On motion by Councilman Payne, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. Ilenry @IcCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
r.itv Cniincil voted to aDDrove the following ordinance upon petition
1-1 . -1 11. Z0877268
BERNARD KROLL AND ALBERT A. KROLL FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM A-1 Apartment District TO B-2 Community-
Business District
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that: I
Petition of Ruth H. Cohen, Bernard Kroll and Albert A. Kroll for a
Change of Zoning District Classification from A-1 Apartment District
to B-2 Community-Business District on parcels located on the East Side
of Holland Road, South of Lynnhaven Parkway.
Parcel 1: Beginning at a point 435 feet more or less South of
Lynnhaven Parkway, running a distance of 80.91 feet
along the East side of Holland Road, running a dis-
tance of 249.42 feet along the Southern property line
and running a distance of 199 feet along the Northern
property line. Said parcel is irregular in shape and
contains 0.3 acres.
Parcel 2: Beginning at the Northeast corner of Holland Road and
Warwick Drive, running a distance of 191.70 feet along
the East side of Holland Road, running a distance of
533.63 feet in a Northerly direction, running a distance
of 408 feet in a Southeasterly direction, running a dis-
tance of 260 feet along the Eastern property line and
running a distance of 545 feet along the North side of
Warwick Drive. Said parcel contains 4.6 acres.
Parcel 3: Beginning at the Southeast corner of Holland Road and
Warwick Drive, running a distance of 270 feet along the
East side of Holland Road, running a distance of 510 feet
along the Southern property line running a distance of
220 feet along the Eastern property line and running a
distance of 510 feet along the South side of Warwick Drive.
Said parcel contains 2.9 acres.
Plats with more detailed information are available in the Department of
Planning. (Scarborough Square 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 Site Plan Ordinance.
2. City water and sewer.
3. No future median openings will be permitted along Holland
Road other than the proposed median opening opposite Warwick
Drive as shown on the Ilolland Road plans on file in the
Engineering Division
4. A buffer is to be provided along the boundaries adjacent
to the residential areas.
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 ust , 1977.
ITEM #11141
Petition of Annie Lee Leviis for a Chanaf@ of Zoiiinci District Classification
from R-6 Residential Dis-li,ict to B--z C=Illllll-rll Y-Bl@siiiess District oii certaiii
propei,ty located at tlie 1",,)i-tli(-)ast 01 Poad an(! Coiinie Lane,
rLinniiig a distiiice of 311, 3 fec@ aloi-ic 'L@ic-, ',@o)-th si(le of Caii:iie ',@ine,
runnit,g a dist@nc@-, c,)f 76.3 feet alc)t-ig 11,;ie EQstcrn Di@C).L)-.rty Iii-lo, rtinnin.,i a
distancc of 293.8 feet alc)tlg tile @,lol,t!l i,,i pi,opc@i-ty ard rLi,,@iiqg a dis-
taii,-e of 77 fect alonn fhe Fast sidd of Said p@ircel contliri@,
0.532 acre. Fai@m BAYSIDE [,OROU(@H.
PLANN!t,'G CO@4@,IISSIGIi
A niotin ti %las pa,; @e,! t@,lani!110tis I.v th(, P-1 iii ri Iii g Co,@Fi!ii s i o,,i @@y a recoi-cl,-,!
vote of .1,1 to tiiis
For the itifc)rniaticii of tr.,e. &pi)lic@iiit, @)rio@, to t@-i(, issuance of a buildi;-(
periiiit, t[ic, follo@@iing [)e
l.'@ Standar,d iii@i)ro@,e;T@eiits as t),, t@ie Site Plat, Oi,Llinaiice.
2. City @."Ettel, and
Fui,tlict@, tliis or'diti,@l-.Ce SIIFll [@e effc-,cliv,l@ 'I'@)ori s@,'-i c@lill(@liali,e tc)
tfie applicz@iit t@iat c@,f@ici,,l 0,1 +@1.2 ,a@,s rio' b,@
I I 1 _4 T
t(litil ti-,e cc)!id , 'Li @,l @o@ s@, t-,, - i C@,
.i
1. A dedicatio,,i ol@ i,igi@il,-of-viay 25 -c@t f roiji the cetitei@liiie of tlie
existing 30 foot riglit-of-way along the 311 .83 i@oot nIC)re or less
frontage oii Connie Lane (a 10-foot dedicatiori).
2. A @,iidtli cl@@lical@io!i c)[ i
as on pl,,r,@@ i ilc,d ir.
Mr. Thomas Haskins, Attorney, represented the petitioner
On motion by Councilman Cromwell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. I'lolland, J. lienry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to approve the following ordinance upon petition
of Annie Lee Lewis for a Ctiange of Zoning District Classification
from R-6 Residential District to B-2 Community-Business District:
UIVYi6 A'Uli /,U6'1 1269
A CHANGE OF ZONING DLSTRICT CLASSIFICATION FROM
R-6 Residential District TO B-2 Cormmunity-Business
District
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACII,
VIRGINIA, that:
Petition of Annie Lee Lewis for a Change of Zoning District Classification
from R-6 Residential District to B-2 Community-Business District on certain
property located at the Northeast corner of Newtown Road and Connie Lane,
running a distance of 311.83 feet along the North side of Connie Lane, runn-
ing a distance of 76.3 feet along the Western property line, running a dis-
tance of 293.8 feet along the Northern property line, running a distance of
77 feet along the East side of Newtown Road. Said parcel contains 0.532
acre. (Newsome Farm 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 improvements as required by the Site Plan
Ordinance.
2. City water and sewer, when available. Septic tanks must
meet the approval of the Health Department
Further, this ordinance shall be ei-fective 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. A dedication of right-of-way 25 feet from the centerline
of the existing 30 foot right-of-way along the 311.83 foot
more or less frontage on Connie Lane (a 10-foot dedication).
2. A variable width dedication of right-of-way along Newtown
Road as shown on plans filed in the City Engineerin-- Division.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 8 day of , 1977.
ITEM #11142
COUNCILMAN PAYNE LEFT COUNCIL CHAMBERS
Petitioii of Cassius M. King, Aileen Kincl, ind Bi@uce [luclnel- for, a of
on@iti(i District Clessificatioii from B-3 Cen'(i,al-B@isiiic-,ss [listrict
7S-,
Corr,muiiit,@,-Fus-ine
, r C,. 0,1 cei-@laill o@,
of Vii-(Iiflia Beac)i ll,)Ulc@val@ci' Io :
Constii@,,ilioii of
Virgini,i Pc2,icil P)oulcv c
@ a@ I r o r 2 11 .
Eastet-ii pi-opei-t@, 14'iic,, r@iiininci i distiiice or the
prol)c-t,ty line anci i@u@il-lirig @i clis E,, iice o l@ 21 1 . 71'@, f ee@. a-I C,,,, til -@ @,,L's @Li@ ii, pi-,il-, -
erty lin,@. Said [)@@rcel coiitiiiis 0.364 Eici,e. Cl@)'SiD@@
by Fi(@lii;ii@j b@, i
Mr. Frank Butler, Attorney, represented the petitioner
On motion by Councilman Cromwell, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. Ilenry @IeCoy, Jr., Council-
woman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
liays: None
Absent: Councilmen John R. Griffin, and J. Curtis Payne
City Council voted to approve the following ordinance upon petition
of Cassius M. Kin.-, Aileen Xing and Bruce Buckner for a Change of
Zoning District Classification from B-3 Central-Business District to
B-2 Community-Business District:
ORDINANCE UPON PETITION OF CASSIUS M. KIiqG, AILEEN Z0877270
KING, AND BRUCE BUCKNER FOR A CHANGE OF ZONI.NG
DISTRICT CLASSIFICATION FROM B-3 Central-Business
District TO B-2 Community-Business District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Cassius M. King, Aileen King and Bruce Buckner for a Change
of Zoning District Classification from B-3 Central-Business DistrTc-t to
B-2 Community-Business District on certain property located on the North
side of Virginia Beach Boulevard beginning at a point 495.70 feet East of
Constitution Drive, running a distance of 75 feet along the North side of
Virginia Beach Boulevard, running a distance of 211.74 feet along the
Eastern property line, running a distance of 75 feet along the Northern
property line and running a distance of 211.74 feet along the Western
property line. Said parcel contains 0.364 acre. 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 improvements as required by the Site Plan
Ordinance
2. City water and sewer.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 8th day of August 1 1977
ITEM #11143
COUNCILMAN PAYNE RETURNS TO CHAMBERS
VICE MAYOR STANDING LEFT CHAMBERS
Petition of Peml)t,oi,,C! -iori fol, a C@,a-.i!Le of Zonil'i(i I)istrict
.,],),.s As,,cciat
Classific,itioii froiii A-1 11,I)aY-tiiici't Dis'@ll-ic@ lo B--2. @'@,isiri@,ss D-is-
I Y-)
@r ct oti til(@ of
BoL;Ievai-d ztiid [,Ibi-tll a (ii,,ta@ice al@ 319.20 @e@t
along tlie '@@est si(le ol- lticlepl-ii(i@ii@cc, rti@iiiin@j zi dis'u@,iic-e of 227.68
feet itlotig tlie li;;c, of 2 8 4 in
Soutfierly (iii,ecLiori, i'liti@iiiiq El of- "i i:) l I,!Ostcrly direc-
tiori, rliniiii-ig -a disL@,;i-ic- ol@ 250 'tec-11 ilcilc@ @,i'c,st@ei,n j-,Topei,'LY li@te,
@Lliinin(g i distcinc(@ of 234.50 fec)@u il@)ng ti)@, sidc-, of [@ort;l i -@--cn d L@ c k
l@oad at,,d i-Liiiiiiiij i).i-uuiid Et cur@.,,- ii of fc@t. Said con--
tains 2.023 acres, BT\YSIDE
PLAN[,ll[4G COI,l@4ISSI&,14 ["ECO@,!'@,EIIDIITION:
A i;to'?-Iioti l@,@ssc,.'
p 1) I-. ovc -C:(l
\,6t(@ of 11 to 1,@iis
For t@ic it)for;iiatioti of the applicai-it, 1)rioi@ to L-@le isst!aiice of a [)u-i-iding
periiii t, tiie fol-lo,,qlt-lg be y-ecj@11:1,ecl by
1. Standird i!iil)i,ovui,ients as rc-,qui@-ec] b,, Sitc, PIE,.ii O.-c@inai-ice.
2. City %.iater- an,) s(,@.,,er.
3. No iiiediin oT)(@iiiiiq, @,iill L)@ 1)@,riiiittcri @,lonq Inc]-i)eticiciice Doule\,ard.
Mr. H. Calvin Spain, Attorney, represented the petitioner.
On motion by Councilman McCoy, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Councilman Robert B. Cromwell, Jr.
Absent: Councilman John R. Griffin, and Vice @,layor Patrick L.
Standing
City Council voted to approve the following ordinance upon petition of
Pembroke Meadows Association for a Change of Zoning District Classifi-
cation from A-1 Apartment District to B-2 Community-Business District:
ORDINANCE UPON PETITION OF PE@ABROKE MEADOWS Z0877271
ASSOCIATION FOR A CHANGE OF ZOIQING DISTRICT
CLASSIFICATION FROD@L A-1 Apartm-ent District
TO B-2 Community-Business District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Pembroke Meadows Association for a Change of Zoning District
Classification from A-1 Apartment District to B-2 Community-Business
District on certain property located at the Northwest corner of Independence
Boulevard and North Witchduck Road, running a distance of 319.20 feet along
the West side of Independence Boulevard, running a distance of 227.68 feet
@ I -, -+ 1, -AT--+ t- - - - - - - - - - -1 4 @ - q 4 - + @ - - - - r OQ @--+ ; -
ITEM #11144
VICE MAYOR STANDING RETURNED TO CHAMBERS
Applicatioii of Ocean Pai'll Paptist Churcli for, l C i@-diti -, oii,@l U@e Pei'mit- for a
cfi@irch on cei@t,)in pro@let,L,.@ locatcd, at tiic,
!,@.-,.@st irit(@y,s(,ctioi ot F)iii@@14,cldie
Ro,@@@, aiid Circle, a -1c@,'@,54 feE.,t. Itlo:ig tii(@, sici@,
of c)f 118 I(,c," zilono t;io j-,i-npc@t-ty
Iii,e, rLI1111iti@] l d-ist@i;@cc, 127,,@il) -c)pert), lill,2, I-Liri--
iiiiig a distiiticc@ of 201.11 @('et @ilo:tc@ tlic., @loi,Lli @icle of [)-upc)iit Circ@'tc! ati,l
iirclill@, 0, ctir@v, Clis'@?rce ol@ '119.-118 Saici P,@l,cel CO!)t@tii-,s
B@@YSTDI- b@OROU!,-,Fl.
PL/dqNlf@G CO@,iiIISSIO@,l RECO,@-l',@.El'ID,4TIO@l:
A 1-1 11 In Ti iii( I);ii@ iiis s i o ii l-,y a re co rc!i
VC)Le. of I I @,C) v i
For tti(-.), ot@ ti@, appliceiit, pi-ior la l,lic,. of a
i",@cl til@2 stifl@:
Sti,,n,.!@ii@d as i,.2d @v tlie, Site PlEin Or,dinante,
eXCIL'dillg CLi@-b, anci
Cif.y zznd
25 ol@ t'@le.
hp,-f-rontage@oii @Oin1/2,tiddi.e:
Roz,,cl @:llj
s -@@ (,,i c, I i s cli 1 ii
spacc@s iii lie i@@ -@i a@@di "lot@-i tl!ll od in l,r'L-i cl e 5, Sc@ction
505(a) of Liie
Mr. Grover C. Wright, Jr., Attorney, represented the applicant
On motion by Councilman Cromwell, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Crom@vell, Jr., Geor,e R.
Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
City Council voted to adopt the following Resolution upon application
of Ocean Park Baptist Church for a Conditional Use Permit for a church:
RESOLUTION UPOlq APPLICATION OF OCEAN PARK R087713A
BAPTIST CIIURCII FOP, A CONDITIONAL USE PERMIT
FOR A CHURCII
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Ocean Park Baptist Church for a Conditional Use Permit
for a church on certain property located at the @;ortliwest intersection
of Dinwiddie Road and Dupont Circle, runiiing a distance of 124.54 feet
along the West side of Dinwidclie Road, running a distance of 11@. feet
along tlie Northern pr()perty liiie, runtling a distailce of 127.40 feet
along the Western property line, running a distance of 201.77 feet along
the North side of Dupont Circle and running around a ctirve a distance of
39.78 feet. Said parcel contains .59 acre. Ba@,side Borou.-h.
For the information of ttie applicant, prior to ttie issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan
Ordinance, excludin.- curb, --utter and sidewalks.
2. City water and sewer.
. . . . - . I @ -1 @@ @--l --- " - - - - - - - -1 4 - -
ITEM #11145
COUNCILMAN CROMWELL LEFT CHAMBERS
Application of l@luddy Crec,,!, liunt CILIL a Conclitiotial Use Pc,,r-,-nit to erect
boat liouse on c(,i-Ilain Ic)c@itticl oi-i the Lc@,,L sidf, of @,Lj@..dy Cre(-,'@, Poad b@,.-
gill)lit,g at -, l@,Diiit 250 i@ic)i@e o@, S- i 4 i I .1
C) c, @J i-, 110,1(1,
a disi.atic(@ o@- IC,7 f(-,et- til,-, i-ac", C,'@ Ci,cc,,I, rtji,iiil)g @i dis-
taii(:e of 46 l@c-et iiioi@e oi- I(,ss alc)iig,@l,,-@ S,,)L)t@l@@ll l@)-,,,@)(,rty E@
distaiice of 167 fu;lt iiioi-c, ("@, -lc,.ss file L@1,11.@@@-1; I'@ili'll,rig
a ctist@iiice of C,2 fec,.t or E@ic)iig thc, S@lid
pat,cc-,l contaiii@; 9,018 [Le@@G ni- less.
PLA@,,'IIING COMMISSION
o @@ssic)!t 1,; C)l@
A it, i
I "
vo @(.(? cif II tc) ii L, L .
Irol, tilc -iiifoi-liizitiuii o@ Lii@ tO i @@L@a@ICL 0 a blii I i ti@,
perflii t 'che follo@qiiig @ 14 -1 I [)o by tii,@ @c' 'riisii-@l'ivc s'aff:
1. Septic tatil,, approval t.iie liez,,] 'L Ii [)(',,)a r@l t .
2. Tl,o parl,,ina ai-c?a si@ntil,@; 1,@
3. [@o fillin@ di,ody ri(@, bulki,,eaditiq oi, c)Liier @,@a'Lci,frotiL i'LtaLud activi@@ics
s .
r c- r@i i t@, i: @, ii t,:-
n, @ilti;O,Llt@ o, n q -,i,I p i -oc n
4. f@ c[ e. d i (-,,i t i(i i 1 oii@ f 1 ii@il tli,,-,
30 fc)ot )-iclilit-c, c)F Lici,ii 3 Ice@u-
167 foot !iioi,e or less fr,otl'lage oii @,'@(icly loacl (a IE,-foot dc,.d-icc@@ i oil
aiid a 3-foot reservation).
Mr. Frank Butler, Attorney, represented the applicant.
On motion by Councilman Waterfield, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Mayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., and John R. Griffin
City Council voted to adopt the following Resolution upon application
of DIuddy Creek Hunt Club for a Conditional Use Permit to erect a boat
house:
RESOLUTION UPON APPLICATION OF MUDDY CREEK HUNT R0877135
CLUB FOR A CONDITIONAL USE PERMIT TO erect a boat
house
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGII@IA BEACII,
VIRGINIA, that:
Application of illuddy Creek Hunt Club for a Conditional Use Permit to
erect a boat liouse on certain property located on the East side of
Muddy Creek Pioad beginning at a poiiit 250 feet niore or less SoLith of
Pleasant Ridge Road, runiiing a distance of 167 feet along the East
side of Muddy Creek Road, runnin.- a distaiice of 4G feet more or less
along the Soutliern property line, runniilg a distance of 167 feet more
or less along the Easterii property line and running a distance of 62
feet more or less aloilg tlie Nortl)ern prol)ert@, line. Said parcel con-
tains 9,018 square feet inore or less. Pungo Borotigli.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by tlle adriinistrative staff:
1. The parking area should be tar aiad gravel treated
2. No filling, dredging, bulkheading or other @vaterfront
related activities shall be performed without obtaining
all applicable permits.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
ITEM #11146
COUNCILMAN MCCOY LEFT CHAMBERS
On motion by Councilman Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Mayor Clarence A.
ifolland, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., John R. Griffin, and
J. Henry McCoy, Jr.
City Council voted to approve the following ordinance to appoint viewers
in the matter of closing, vacating and discontinuing a portion of Shell
Road:
I 11 'r ii F M,@l'TE R OF CLO S 1 ilG , VAC A-F I !@C.'
DISCONTI@IUI@';G A POR-I-[Wi OF TII.AL
STREET OF V/,RIABLE KI@O@414 f,S SIILL,L
ROAD, AS UPC)@@ rtif@l- CER-I-Alll IIIAT
Et,.ITII-LED, "IRELIMItIAR)' PI-Al' OF 1,1110@ICSFD
S]-REET CLOSING AD-JACII,@'I -(O T-OTS liO At,![)
-Y 1977,
Iii, SHE[--[ON PI.ACE", DPTEL) Jut
WHICH PLAI- IS ATTACIIEF) IIEPETO.
P E T I -f I 0 N
TO: THE M/\YOII AND I-IIE IIEI,IBERS OF THE COL)@ICIL
OF -['HE CITY OF VIRGIIIIA BEACH, VIRGINIA
Youi- Petitionei-, Williii,@i T. Wingfield, re@@)cctfully r,prescnts as fol..
I cws
1. Tliat ptji-suaiit to tiic pi-ovisions of Sectiori of tvie Code
of Virginia, 1950, as amended, tile Petitioner ar)plies for the v@icating, closili@
ar,d discontintiance- of ) portion of tliit cci-taiti i,jl)ic@i is riiorc,, specific-
z3l I y desc r i !)cd. E, s f o 1 1
Al I ttiat f)(,@ Lion or sl-, tl I RoLid , s i tuateci in thc Ci tya
Virginia Beach, Vir-qi@iizi, Baysidr@ B-orough.
BEGIt@t@lit,!C @it a poirit at tt)C Sc,,Lltl)',JC',t cornc@r of L(,, 110
a,@ ori tliat "Fll,-)t of Sh(!Itoli Place", in the
oLl 1- tf-the City of Vii--
C I c i-k' , 0 f f i c(, of t Ii, i rc Li i t 0
i r) i@ a, B pac h , ;@ V,i
9 .9ini,@, i@
SC)L.t@l loool,oc", @;!,Sl to a Doirit t@@piit,/-Five (25) fcet
tllc:flcc,
eastei-ly followi(ig n ccui-@e. (25) fc(-t l@ortl,
of thc cei,tei-linc, of S@icll Rcad to a point at @ihicil slid
course iritc-,t,sc@cts witli tiie pi-ese-i)t Nor-tl)cast pt,opeity
litic of Lot l@l @is cxte;idcd; tlicncc,- ilot-th 33056'ltoll @c@st
to @,, poilit @it @ic Sc)Ljtlica@t cociic;- of )aicl Lc)t 41; tlic,@ice
I aloncj tlic propc-@rty Iiiics of' Lot 41 arici Lot lio to
Lile poiiit of as s[io@vri oii tiiat certain [)Iat en-
tilled, "Pi-eiiiilirl,)i-y pl,,t of prc)p(,@e(i St[-coL closilig 3(1-
jicc-,nt to L,)ts liO @)nci Lil, Slic,lton Plac,@", datccl July 28,
1977, [)y Ji@iicb C. to %!Ilicli refcronc,,,
is @)ci-eby nildc fc)r .1 lflo;-C ICCLIraL. desci-iptioll.
Saicl pai-cel of land being a portiori of Sliell Rc)ad, as indic,@tel C)ii tl@!!
cei-tain plat eiititled, "Pi-elifiiinar), f,lal of proposed ctreet clo@inq
L(@t5 40 and lil, S@ic,,Itc)il Placc-", @@hicli plzl is attac@)cd iirtc)
iliereof, aiid it)tcnlcd to be. i-ecoi-(Ie(i %@itli tl)C CIC@sing tl)c:
@i
ecl street.
Tlizi L r,o i r,cc@ iiveiiiell cc v@ i II ki Ii to ai,y per bo[is @)y rczi,@oi@ of
platt@cl st re, t cd tr, c los 0,1 @In I epl@it in @@r i ti tc, thc- Ccti r@cI
on or Lc@fore t@i@, day of 197/, as to @,,@,,,,thcr ir t'Ic
opiiiion of said Vic,,:,-@t-s, wli@,t: inconVCF'i@'I]Ce, i f ally@ V@'OLI]d lesul t ftom@ tfle (li@
continuance arid clc)s irig c)f tl)is portic)i-I of s,,Id st;-cct as hcrciii reportcd i:lcl
describc2d.
3. I-liat c@ii the 2F@i,h daY Of July@ 1977, N,)tice of tl)e prese@,ting of
this Appl !cat ioii v@as posted at tlle. COLII-tIICIL]Se Of tll@-I Ci rcuit CoLirt of tlic,, City
of Vi rc inia Beac@li, Virgini;,, , oil the to [)e closed, and at the Citv I
i Annex, 19th Stre-t and Arctic ikvenue, Vi rc inia Beic,@-, , Vi rgini@), as c,,vid@nce,,,3 by
the Aff idavi t attic@, (I hereto, and ) cc,py ol@ said r4c,tice.
4. That t@ie Peti ticr,ei- is fee. si,@ple ovinct- of al I ]arid Fig and O,(I-
jacc,.nt to and aff cted by sai(i poi-tic)!i t@ie plittc@d slreet to :@lo,;ed l,ncl
CO-)S,-,,Ttl,t)t:lv, yo;ii lo@,,,: is :@f c' F,y @iii-
Re,,p(,cif @i II @, sLj': @l tl (--d
F, y
01 Cuu sei;
C,c-rr it @l. Be ri,zcn
@lui phy !'cril an c] @ik@,
3284 Vi i-g in i,) be I vj
P.O. Box 2195
Vii-ginia Beach, VA 23452
(8o4) 486-64",3
Vlr@
W! I E PI"IS 7 1 1 i aii@ T W i t@ F i c- I d I,,@ DLIC' CC
n
cordar)ce w i i @, t-n c, s t @i t t; t c s f o 1- i c!i c , s L"; ii @ 1 @j i- a r) d i, r, -@v ie d t f@,i t !-i ori I
8 t [i d a y o f A a q ti s t El p p I y (i t @l @@ C i i y C C) I I r' C 0 f L 11 e C i t y o f V i i- g i n i a
B c a c ii , V i r q 1 n i a , f o i- t 1) u l p PC) i 11 t 1,- t, t 0 f V i c@q 0 vie,,] tll,2 belo,,,@ ,(,-cribed
propert,, ar)d repc)rt iti @,@ritiiig to ilic C,)LI[IC@il @..,Ilet[ici-, it) the opiriic)ii o@ saici
Vieviers, ariy, and if any, what incoiiveriieri(-,(-- @,jould i-estilt frc)m the- c,.iscontiriLl-
ance of t@ic,, iereiiiafter- descr-ibc@d pc)i--Lict) o" th,3t certain street of vai-iable
@vidth, an(I lias filed slicli applici@ ioii %,,ith s,-Iid Cout)Lil.
NO@,l, THERLFORE, be it Of@LIPItILD i)@, tlie Council of tlie City (1@,@ Virgiril,)
Beach, Vi i-gli,ia:
TIIAT C. Oral Lambert Robert J. Scott
-,-,--Geo.rge E-..-T-i,nn,es
11 @l,y @nt@@@j
a r
vievi thc@ bclc,@: dc@scrib@@i'l p@-(,pc@rty i-,,pcrt iii to t@io- r,:i i I (@n o,
I)efore 1977 , %.,hc,'@i(,r i n ttici r opiri(,n arvy, @iii@J i f any,
@,if)at inconver) ;(,tice restil t it) tlc- (-@'i ,;ccrit i riuinci 3iic,' v@.,,cat i !ig of @ [),)rt ir,r@
of that,,certaiii 5tree,t 'of "variabl@ @i(ith d in f .V i rgi,nia Beac@i
ty_,,g
V i t-g i n i aii,@ (@@l I I y 1)( 'i @@s fc)]
All that l@c)t-tio!-i c)f Sh,@ll situated iri 11,C@ Ci ty of
Virqiniz) Bcach, Virgiiii@i, P,@iys i d Bor(@)ug@)
BECIII,l@IING ct a poirit at@ the ccrnc:i- C)f Lot 40
as oi th@), "Pljit c)f S@i,@lt ri rec,@rded irl @ic
Cletl,'s Office of the. Circuit Cujit ol- t@ie C;ty of Vir-
iniz, Virgini@i, in t@lap 13, at Paqe 40; thcf,ce
9
Soutli lo')Ci '06" WESL tc@ @3 [@oint t'l,r),ty--f ivc, f,,t
tqortl-i fro7, t!ie cetitc,-l ir;c,, Shc,l i Poad@ SDLit i I -
astc-riy fol luwirig a @c,L@t-se L@,icnt@,-fiv,?. (25) feet t@c)@-tii
of tlie cent(,,r] ine of Sli(,i I Rc,,d tc) @3 [,Dirii It %,,hicli s@iid
Cour-se ilitct-,, 'Cts t@ith tlic@ pi-esEit proper-ty
I ine of Lot 41 as c tc,.i L@,ciicc., !@i-th 33c"_,'U";O" W@,-@',
to a point at the Sotitlicast -.Orr).2r- C)f @@@iid Lot 41
alor@g tlie. Soutl)ern [)rc)pc.,t-ty I iris of t,,t lil @nd Lot 40 tc)
11 r ii, la,
J J ti i
ri@,(ic [,y Janie5 C. tlici@i@iin, C.t-.S., to @@llicti rcfor,,Tlce
is lie!reby rl,-.,(Je foi- Ei Ec--ur@,,te
A!@
pitrclirir-,c orecrs or coT)tract,; ue-fe is,l,(!(i Lil(@ city t(,
purchases of RIULC!_ill q Ill) l@ 1 4 c)r for U,'@o
by several Or an,],
WtiE]@EAS, ptircliapc c)rL](?ro, or cliar,,,e.1
to appropriitio@-IE,, I)i-@-,vi.ously aLit-,Iiorl.7,cl fo)- the fi@;c@il ycar
ended June 30, 197/ @o @IS to I L@IL"CO tlie i-,zil3i-ice of
tliose appropriaL:i,@)i,s 3nd,
WIU@REAS, cii Jtiii@c@ 30, 1.977 tlici-c,. we3-c C-,:clers or
conti-acL.., totali.ri@@ @1,870,576 -or whic@i P.,@@terials,
eqiii@.pp,iciiii.-- or serv7.cc-, 1),,id nc,t bc,,@c, dc,@'iv(@-,-cd or invc,iccd,
reprosc,-,.i@@c@d I)y crlcr,, oTi JLiiie 31), 1977 be
tc, fi,cpl 1(,78 to til(,-
4ivi@ioiis..Qr,,]3preatis,,of
(,,F @l;
0): @ ci- v -@c
tlierc@ sliill l)-- sLijlj(:ic@,,iL to ill@il,,e Til@,sc, fLi,,ils stiall
be appropriated, froi.11 tlle fOllOWiTIg ftilicl b@ll. ince-s:
Gc-,i,ea:,q 1- $1,003,855
l,later aiid Scx@(@r 33,160
Sc@li,)ol 833,43@i
l,aw T,j')r@@ry I:) 7
Total Approl)ria',-i,c,ns $1,870,576
This sli@ill. bc-, c@ffec@,ivc, froin tlie (1@,tL, Of its
l,'j.rst _AuFuat--B,-,1977
Secolid
2-,3 -7 l'
of pi or@secl strc-@,2t c los i n(i ce ii t to t ots LiO ari(,' Ii l , Shel to ii Pla co"
July 28, 1977, whicli plat i@; atlached licirc@to and riide a pai-t @ict-eof a,-id
ed to be recorded with the Ordinance, closing thc aforedescribed street.
ITEM #11147
COUNCILMAN CROMWELL RETURNED TO CHAMBERS
COUNCILMAN MCCOY RETURNED TO CHAMBERS
On motion by Vice Mayor Standing, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: Councilmen George R. Ferrell, and Roger L. Riggs
Absent: Councilman John R. Griffin
City Council voted to adopt the following resolution regarding the
disposal of Solid Waste as proposed in the Resource Recovery Implement-
ation Plan prepared by the Southeastern Virginia Planning District
Commission, and directed the City Clerk to include as part of the
motion of adoption the explanatory letter received from the City Manager,
George L. flanbury:
RESOLUTION
WHEREAS, the disposal of Solid Waste is of immediate
concern to the majority of communities in the Southeastern
Virginia Planning District Commission; and
WHEREAS, the City of Virginia Beach, through its
membership in the Southeastern Virginia Planning District Commission,
participated in a series of regional studies to find a cost
effective and environmentally sound solution to the solid waste
problem; and,
WHEREAS, these studies recommended the implementation
of a Regional Resource Recovery Program; and,
WHEREAS, an indication of support and willingness to
proceed with the design phase to a point where a final decision
to implement can be made; now therefore,
BE IT PESOLVED, that the Council of the City of
Virginia Beach generally agrees with the conclusions and
recommendations presented in the March 1977, Resource Recovery
Implementation Plan prepared for its member local governments by
the Southeastern Virginia Planning District Commission, and
indicates its support and willingness to underwrite its proportional
share (not to exceed $605,000) of a proposed $2.3 million Bond
Anticipation Note, issued by the Southeastern Virginia Public
Service Authority.
Olii(;e eui'IY Ltie (-ouncii of the City of Virginia Beach has viewed
the proposed resource recovery program, recommended by the Southeastern
Virginia Planning District Commission, with justifiable caution and
skepticism. The proposal as recommended by the engineering and consulting
firm of Henningson, Durham and Richardson for the region recommends a refuse
fuel-fired steam generation plant whereby the regional agency would sell
energy derived from solid waste to the U. S. Navy with the expectation that
the cost to the jurisdiction would be no more or less than they are now
experiencing with traditional refuse disposal facilities.
At that time, however, there were many questions which needed to be
answered for a facility which will approximate $100 Million, such as
the Navy's interest in purchasing steam from the Authority, the technical
limitations of such a facility, the storage limitations of such a facility,
and the potential market for ferrous and nonferrous metals. Finally,
what environmental agencies, federal, state, and local, would possibly
be opposed to such a plant, and what would be their concerns. As
Council is aware, the majority of these questions have been answered
satisfactorily, or at least to the point whereby the City Manager can
recommend to the Council that it join with the other seven jurisdictions
in the region to proceed with the design phase of this program. After
the completion of this phase, firmer figures concerning cost to the
locality and possible revenues to the City of Virginia Beach will be
provided.
It appears, from studies the City Manager has reviewed to date, that
the plant could prove financially advantageous to the citizens of
Virginia Beach if (a) the U. S. Navy contract for the purchase of
steam and electricity is assured at a price sufficient to cover operating
costs, and (b) the City can negotiate a contract to guarantee an adequate
spread between the fee charged for dumping and the fee paid to us for use
of our landfill. Furthermore, the City Manager recommends that if Council
endorses this program, that it be reiterated that Virginia Beach has been
concerned with regional cooperation and that its main interest in con-
tinuin@ to Participate is to reduce the oost to other municipalities or
to the U. S. Navy.
Virginia Beach's liability to proceed with 307@ of the design @hase,
costing approximately $2.3 Million, would be $605,000 if the facility
is not constructed. By special action of the General Assembly, if
Council had to incur such a liability, it would not go against our bond
limit or charter restrictions. However, because of the very strong
comments made by Rear Admiral C. C. Ileid before Council during its
informal session of August 1, 1977, and because of his written endorsement
of this program, the City Manager is greatly encouraged as to the success
of this program.
Also, it should be understood that after the completion of this design
phase, the City Council of Virginia Beach will again cautiously examine
the cost to the citizens of Virginia Beach and will be allowed to consider
whether to proceed further with a final commitment.
ITEM #11148
On motion by Vice Mayor Standing, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John R. Griffin
On June 30, 1977, there were purchase orders which had been issued
for which materials had not been received nor invoices paid totaling
$1,870,576. These outstanding purchase orders have been charged to
the following funds:
General $1,003,855
Water and Sewer 33,160
School Operating 833,434
ITEM #11149
COUNCILMAN FERRELL LEFT CHAMBERS
The following bids have been received for the Creeds Park lighting
system which includes the lighting of two tennis courts and one ball
field:
Flora Electric Company $13,621
North Landing Line Construction
Company 15,395
J. C. Driskill, Incorporated 20,235
Service Electric Corporation 22,613
All star Electric Company 26,217
Engineer's Estimate 15,000
On motion by Councilman Waterfield, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Nlayor
Clarence A. Ilolland, J. Henry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @layor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and John R. Griffin
City Council voted to approve the low bid of Flora Electric Company
in the amount of $13,621, for the Creeds Park lighting system which
includes the lighting of two tennis courts and one ball field.
ITEM #11150
On motion by Councilman 14cCoy, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Mayor Clarence
A. Holland, J. Henry McCoy, Jr., Councilwoman lleyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd
E. Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and John R. Griffin
City Council approved the following Standard Water/Sewer agreements:
Water Banbury Lake Village,
Phase II, Kempsville Borough
Water Chapel Lake Apartments,
Lynnhaven Borough
Water and Sewer Trant-Berkshire Subdivision,
Sections 5, 6 and 7,
Lynnhaven Borough
Water and Sewer CBi\', University,
Kempsville Borough
ITEM #11154
Councilman Riggs stated that due to the stand tal-en by the Board of
Zoning Appeals several citizens have requested to speak before Council
regarding the RV Ordinance.
Mrs. Brenda Achenbach - appeared on June 20, 1977, regarding this
ordinance, and was informed to apply for a variance at the Board
of Zoning Appeals. Mrs. Achenbach did apply and was denied a
variance.
Mrs. Achenbach stated that her main objection to the ordinance was
Section 205(d), as it serves no useful purpose and discriminates
against the RV owner.
Mrs. Jeanne Morris - stated that RV owners pay taxes, purchase State
and City tags for their vehicles thereby providing revenue for the
City of Virginia Beach. Mrs. Morris would like Council to reconsider
the ordinance, and delete Section 205(d).
I,lr. Charles Verget - suggested the modification of the ordinance to
discourage the parking of recreational vehicles in front of a house
only if a safety or health hazard exists.
Mrs. Martha Verget - stated this ordinance has placed a real hardship
on her family and requested the ordinance be changed to help the RV
owners.
Mr. James Campbell - stated it is impossible to comply with the ordinance
without encroaching on his neighbor's property, and asked Council to
modify Section 205(d) to read "If possible."
Mr. John Gibson - stated he owns a townhouse and cannot in any way
comply with the ordinance.
Mr. Robert D. Yates, Sr., Field Director of the National Ilikers alnd
Campers Association, would like to see some amendment to Section
205(d), and requested Council to appoint a committee to study the
ordinance for a better "living" ordinance, and again, have a moratorium
until this problem can be resolved.
The City Manager stated that the Zoning Enforcement Officer will be
notified that no arrests will be made until the matter with the Board
of Zoning Appeals has been resolved.
Councilman Payne requested the City Attorney to see of Section 205(d)
could be amended to aid tlie citizens of Virginia Beach.
The City Council thanked the people for appearing today and informed
them that all suggestiods will be studied for a possible solution to
this problem.
ITEM #11155
On motion by Councilman Ferrell, seconded by Councilman Baum, and by
acclamation, the meeting adjourned.
Ri6hZ7-d J. '@Wlob-b-on, City Cler Mayor Clarence A Holland, M.D-.
City of Virginia Beach,
Virginia
August 8, 1977