AUGUST 15, 1977
CITY OF VIRGIIII BEACI
MUNICIPAL CENTER
@t eity- VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y@id, B.,.@gb J. HENRY M,COY, J,, D.D.S., B.-.gb
VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g@
JOHN A. BAUM, B@,@,h J. CIJRTIS PAYNE, P,i@,@,, A.@@ B@,@.gb
ROBERT B. CROMWELL, J,., A, L.,g, ROGER L. RIGGS, Vigi.i. B@.,h B.,..gb
GEORGE R. FERRELI,, A, L.,g@ FLOYD E. WATERFIELD, J,., P@@g. B@,.@gb
JOHN R, GRIFFIN, L,@.b. - B.,@.gb A G E N D A RICHARD 1. WEBBON, Cil, 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 15, 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 Reverend Thomas C. Britton, Lynnhaven Colony
United Church of Christ, Virginia Beach, Virginia. Please remain standing for the Pledge
of Allegiance.
5. Roll Call of the Council, Public Hearings and consideration of Public Business.
a.) Resolution of Appreciation to be presented to Kathleen M. Eighmey.
6. Minutes of the Regular Meeting of August 1, 1977 to be presented for approval and
acceptance.
Minutes of the Regular Meeting of August 8, 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 appropriate
additional funds for Fiscal Year 1978 for the payment of purchase orders brought
forward from Fiscal Year 1977 (Total appropriations $1,870,576)
8. Letter from the City Manager transmitting the recommendations of the Planning Commission
for approval of the applications of Gordon B. Potter, Dean S. Potter, Jr., Lucille B.
Potter and John Ray Potter for the following changes of zoning:
1.) R-5 Residential District to B-2 Cormunity Business District for a 4.45 acre
parcel located on the north side of Laskin Road, west of Winwood Drive.
2.) R-5 Residential District to R-3 Residential District for a 6.535 acre parcel
located on the northwest corner of Laskin Road and Winwood Drive, south of Laurel Lane.
Lynnhaven Borough
(Both applications deferred from June 20, 1977 and July 5, 1977)
In addition to their previous requests, the petitioners have further requested changes of
zoning for the following:
1.) R-5 Residential District to 0-1 Office District on a 4.29 acre parcel located north
of Laskin Road, west of Winwood Drive (Lynnhaven Borough)
2.) R-5 Residential District to B-1 Business Residential District for a 1.54 acre
parcel located onthe north side of Laskin Road, west of Winwood Drive (Lynnhaven
Borough).
9. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of The Southland Corporation for a Conditional Use Permit
for a combination convenience food store and a self-service gasoline supply station on a
26,400 square foot parcel located southwest of the intersection of Holland Road and the
Shipps Corner area (Princess Anne Borough).
10. Letter from the City Manager transmitting the recommendation, of the Planning Commission
for denial of the application of Tidewater Westminister Homes, Inc./First Colonial Village,
Inc. for a Conditional Use Permit for a 150 unit Presbyterian/Episcopal Retirement
Facility on a 7.63 acre parcel located at the northwest corner of the intersection of
Great Neck Road and Laurel Cove Drive (Lynnhaven Borough).
11. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Exxon Corporation for a Conditional Use Permit for an
automobile service station on a 1.107 acre parcel located at the southeast corner of the
intersection of Rosemont Road Extended and Holland Road (Princess Anne Borough).
12. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of an Ordinance to amend and reordain Article I, Section 111, of the CZO
pertaining to the definition of yard.
13. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the following ordinances:
1.) An Ordinance to amend and reordain Article 4, Section 401 of the CZO pertaining to
care facilities in the AC-1 Agricultural District.
2.) An Ordinance to amend and reordain Article 5 of the CZO pertaining to Use Regulations
for human care facilities in the R-1 and R-9 Residential District.
3.) An Ordinance to amend and reordain Article 6 of the CZO pertaining to Care
Facilities in the A-1 Apartment District.
14. Letter from the City Manager transmitting the recommendation of the Planning Commission
for deferral of an Ordinance to amend and reordain Article 9, Part D of the CZO pertaining
to housing for the aged, disabled or handicapped in the B-4 Resort Commercial District for
one week.
15. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the following ordinances:
1.) An Ordinance to amend and reordain Article 1, Section 106 of the CZO pertaining to
appeals and variances.
2.) An Ordinance to amend and reordain Article I, Section 111 of the CZO pertaining to
definitions.
3.) An Ordinance to amend and reordain Article 2, Section 232 of the CZO pertaining to
requirements for Mobile Home Parks.
4.) An Ordinance to amend and reordain Article 12, Section 1201 of the CZO pertaining
to flood plan regulations.
16. Letter from the City Manager recommending that City Council approve an Ordinance to amend
and reordain Article II, Chapter 31, Section 31-13 Erosion, Sediment Control and Tree
Protection of the Code of the City of Virginia Beach relating to definitions.
17. Letter from the City Manager recommending that City Council approve an ordinance, upon
petition of Milton J. Weller, for the closure, vacating and discontinuing of a portion
of Greensboro Avenue between Blocks 18 and 19, Mediterranean Avenue to Lake Rudee, as
shown on the plat of Shadow Lawn Heights, Map Book 7, Page 14, Sheet 1, Circuit Court.
18. Letter from the City Manager transmitting the recommendation of the Planning Commission
for denial of the application of N. A. D., Inc. for the closure of a portion of 3rd
Street, Virginia Beach Borough.
19. Letter from the City Manager recommending that City Council appoint viewers in the
matter a request of Verona Paving Corporation and John Robert and Mary L. Morris for
the closure of a portion of Thunderbird Drive (Lynnhaven Borough).
20. Letter from the City Manager recommending that City Council approve the following Bingo/
Raffle permits:
Kellam High School Band Parents Association (Renewal) Raffle
Building Conmittee, St. Andrews United Methodist Church
(Renewal) Raffle
21. Letter from the City Manager recommending that City Council approve the request of Mr.
V. A. Etheridge, City Treasurer for tax refunds in the amount of $82.16.
22. Letter from the City Manager recommending that City Council approve the following
standard Water/Sewer Agreements:
Holly Square Townhouses
Virginia Beach Borough Water & Sewer
23. Old business, deferred from the previous meeting, including any report of the Mayor
or committees named by Council.
a.) Mr. 0. L. Gilbert, Home Owners in Green Run, wishes to appear before City Council.
24. New business, including any presentations by Council Members, citizens, and organizations.
25. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
August 15, 1977
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, August 15, 1977, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Council Members absent: Councilmen J. Henry McCoy, Jr.*, J. Curtis
Payne, and Floyd E. Waterfield, Jr.
ITEM #11156
COUNCILMAN MCCOY ENTERED MEETING AT 1:05 p.m.
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 following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees 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 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. Ilolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice @,layor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to proceed into the executive session following
the informal discussion.
ITEM #11157
The City Manager stated that in the past the City has had problems
with improvements to streets that were recorded but not improved,
especially in undeveloped areas. When citizens go to the Building
Inspector for a building permit the City indicates that the street
will have to be approved.
Council requested the General Assembly to allow the Council to
establish an assessment policy on street improvements in areas such
as tbis. The General Assembly passed enabling legislation allowing
Council to assess up to $5.00 a front foot, not to exceed $500.
8/15/77
- 2 -
The City Manager stated that there is a street, where the property
owners have agreed to participate in this assessment. However, there
is a problem in the $500 maximum assessment. These particular lots
have only 80 foot frontage, which would be $400 maximum assessment.
The amount of money collected would not cover the total cost of the
road.
The City has indicated to the residents that when they collect the
remainder of the assessment the City will then improve the road.
ITEM #11158
The City Manager stated that he would like to hold a public meeting
with merchants in the Beach Borough, as well as any interested
citizen, to discuss the possibility of having one-way streets on
east and west streets between Atlantic and Pacific Avenues.
The City Manager stated the staff has completed the study on one-
way streets and Dlr. C. Oral Lambert, Director of Public Works was
present to present the findings to Council.
Mr. Lambert stated his report would be on the side streets or
connecting streets between Atlantic and Pacific Avenues, from
Rudee Inlet to 42nd Street.
Mr. Lambert cited some of the advantages to one-way streets:
1. Increased capacity of the streets within
the existing curb width.
2. Reduction of conflicts
3. Increased safety
4. Additional yield of parking spaces within
this strip.
Mr. Lambert cited the following disadvantages:
1. Result in some increased travel distance
2. Additional cost in "signing" the streets
3. Confusion as a result of the new traffic
pattern
4. Concern expressed on the part of the merchants
in the area.
If the problems can be resolved, Mr. Lambert stated the City would
make the transition during the winter to give local residents time
to become acclimated to the change.
Mr. Lambert stated that Norfolk Avenue, 17th Street, 25th Street and
31st Street (Laskin Road) would remain two-way streets.
ITEM #11159
At 2:25 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick
L. Standing
Council Members absent: J. Curtis Payne, and Floyd E. Waterfield, Jr.
The invocation was given by the Reverend Thomas Britton, Lynnhaven
Colony United Church of Christ, followed by the Pledge of Allegiance.
8 / 1 5 / 7 7
- 3 -
ITEM #11160
on motion by Councilman Riggs, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to adopt the following Resolution of Appreciation
and presented same to Kathleen M. Eighmey:
RESOLUTION OF APPRECIATION
WHEREAS, IN THE CONFUSION OF OUR EVERYDAY LIVES WE FAIL TO
HESITATE AND CONSIDER THE ORIGINS OF THE GOVERNMENTS AND LANDS
WITH WHICH WE As AMERICANS, AND MORE PARTICULARLY AS VIRGINIANS,
HAVE BEEN ENDOWED AND BLESSED; AND,
WHEREAS, IN ALL GENERATIONS THERE ARE THE SCRIBES AND HISTO-
RIANS WHO DELVE INTO THESE MATTERS WITH PATIENCE AND TENACITY To
PRESERVE AND RECORD FOR US AND OUR CHILDREN TFIESE IMPORTANT His-ro-
RICAL MATTERS, SUCH PERSONS BEING ENDOWED WITFI EDUCATION, HONESTY
TENACITY OF PURPOSE; AND,
AND
WHEREAS, KATHLEEN M. EIGHMEY, A SPECIALIST IN THE HISTORY OF
VIRGINIA, HAS PRESENTED TO US AND POSTERITY A DETAILED HISTORY OF
THE FOUNDING OF PRINCESs ANNE COUNTY AND OF VIRGINIA BEACH, VIRGINIA;
NOW, THEREFORE, THE VIRGINIA BEACH CITY COUNCIL DOES BY THIS
RESOLUTION EXPRESS 1TS APPRECIATION FOR HER WORK AND DOES DIRECT TliAl'
THIS RESOLUTION OF APPRECIATION BE ENTERED INTO THE MINUI'ES OF THIS
MEETING OF AUGUST 15, 1977.
MAYOR CLARENCE A. HOLLAND, MD
8/15/77
- 4-
ITEM #11161
on motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the minutes of the regular meeting of
August 1, 1977, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy.
ITEM #11162
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, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the minutes of the regular meeting of
August 8, 1977, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy.
ITEM #11163
On motion by Councilman McCoy, 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. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve on second reading the following ordinance
to appropriate additional funds for Fiscal Year 1978 for the Payment of
purchase orders brought forward from Fiscal Year 1977 (Total appropriation
$1,870,576):
8 / 1 5 / 7 7
PAMT OP PIMCHASE ORI)ERS BROURHT
FORWARD FROM FISCAL YEAR 1977
WHERF-AS, during the course of business in fiscal year 1977,
purchase orders or contracts were issued committing the city to
purchases of materials, suppli-es, equipment or services for use
by several departments, divisions, or bureaus and,
WHEREAS, these purchase orders or contracts wore charged
to appropriations previously authorized for the fiscal year
ended June 30, 1977 so as to @,ace the unencumbered balance of
those appropriations and,
WHEREAS, on June 30, 1977 the-te were purchase ordets or
contracts totaling $1,870,576 for which materials, supplies,
equipment or services had not been delivered or invoiced,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the funds totaling $1,870,576 unexpended and
represented by purchase orders outstanding on June 30, 1977 be
reappropriated as additions to fiscal 1978 appropriations to the
respective departments, divisions or bureaus of the city so that
upon the delivery of the materials, supplies, equipment or services,
there shall be sufficient funds to make payment. These funds shall
be appropriated from the following respective fund balances:
General $1,003,855
Water and Sewer 33,160
School Operating 833,434
Law Library 127
Total Appropriations $1 870 571
This ordinance shall be effective from the date of its passage.
First Reading: AiiQii--f7 P,
Second Reading: August 15, 1977
- 5 -
AN ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDS FOP. FISCAL YEAR 1978 FOR THE
PAYMENT OF PLTRCH&SE ORDERS BROUGHT
FORWARD FROM FISCAL YM 1977
WHEREAS, during the course of business in fiscal year 1977,
purchase orders or contracts were issued cotnmitting the city to
purchases of materials, supplies, equipment or services for use
by several departments, divisions, or bureaus and,
WHERF-AS, these purchase orders or contracts wo-re charged
to appropriations previously authorized for the fiscal year
ended June 30, 1977 so as to @.,ace the unencumbered balance of
those appropriations and,
WHEREAS, on June 30, 1977 thete were purchase orders or
contracts totaling $1,870,576 for which materials, supplies,
equipment or services had not been delivered or invoiced,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the funds totaling $1,870,576 unexpended and
represented by purchase orders outstanding on June 30, 1977 be
reappropriated as additions to fiscal 1978 appropriations to the
respective departments, divisions or bureaus of the city so that
upon the delivery of the materials, supplies, equipment or services,
there shall be sufficient funds to make payment. These funds shall
be appropriated from the following respective fund balances:
General $1,003,855
Water and Sewer 33,160
School Operating 833,434
Law Library 127
Total Appropriations $1 870 576
This ordinance shall be effective from the date of its passage.
First Reading: Aiiclii@qt- 8, 1977
Second Reading: August 15, 1977
GGD:,JDB:er
8-3-77
8 1 5 7 7
ITEM #11164 --6-
Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John
-5 Residential
Ray Potter for a Chanqe of Zoning District Classification from R
District to B-2 Commun pert,y located on
the North aide of Lask ng at a po4nt 528-46'feet West of Winwood
a
Drive, running a distance of 193 feet alollg the North side of Laskin Ro d,
property line, running
running a distance of 1010.93 feet along the Western
a distance of 187.32 feet along the South side of Laurel Lane, and running a
distance of 1056.58 feet along the Eastern property line. Said parcel con-
tains 4.45 acres. (Hill-top Area). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote
of 12 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the adininistrative staff:
1. Standard improvements as required by the Subdivision Ordinance and Site
Plan Ordinance.
2. City water and sewer.
3. The ditch to the north is to be piped and an adequate drainage system
is to be provided for this site.
Further, this ordinance shall be effective upon satisfactory compliance to the
conditions iniposed in this irotion, and it is understood and agreed to by the
applicant-that the official change on the zoning niaps will not be made until
the following condition is satisfied:
A dedication of a 60 foot right-of-way centered betvieen Parcels
B & C as shown on the Potters Brothers property survey dated
July 6, 1976. This dedication is to tet,minate at its northern
end in a cul-de-sac, and is not to be tied into the easement
east of Laurel Lane at this time.
Mr. W. Shep Drewery, Attorney, represented the petitioner
Mr. Nick Cohen, Attorney, appeared on this matter
Mr. Richard Brydges, Attorney, represented the residents
On motion by Councilman Griffin, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. liolland, J. Henry rAcCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance upon Detition
of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John
Ray Potter for a Change of in District Classification from R-5
Residential District to @-1 Business-Residential District (modified
from B-2 Community-Business District: 8/15/77
UhDiAllhuE upuin PEIIII'1'10iq O@' GOII)ON.B. POTTER, DLOAN Z0877272
S. POTTER, JR., LUCILLE B. POTTER AND JOHN RAY POT ER
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 Residential District TO B-1 Business-Residential
District (modified from B-2 Community-Business District)
BE IT ORDAINED BY TIIE COIJNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter
and John Ray Potter for a Change of Zoning District Classification
from R-5 Residential District to b--l Busin s-Reside@tial District
(modified from B-2 Community-Business District) on certain property
located on the North side of Laskin Road beginning at a point 528.46
feet West of Winwood Drive, running a distance of 193 feet along tlie
North side of Laskin Road, running a distance of 1010.93 feet along
the Western property line, running a distance of 187.32 feet along
the South side of Laurel Lane, and running a distance of 1056.58 feet
along the Eastern property line. Said parcel contains 4.45 acres.
(Hilltop 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 improvements as required by the Subdivision
Ordinance and Site Plan Ordinance
2. City water and sewer.
3. The ditch to the north is to be piped and an adequate
drainage system is to be provided for this site.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the - 15 day of t , 1977
ITERI #11165
Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John
Ray Potter for a Chanqe Zonina Dist ict Classification from R-5 Residential
District to R-3 Resi-dent ty located at the
Northwest corner of Laskin Road and Winwoo Drive, running a distance of
254.63 fee, along the North side of Laskin Road, running a distance of 1119.29
feet along the Western property line, running a distance of 250.36 feet along
the South side of Laurel Lane and running a distance of 1153.5 feet along tiie
West side of Winwood Drive. Said parcel contains 6.535 acres. (Hilltop
Area). LYNNHAVEN BOROUGH.
Planning COMMiSsion ReCommendation:
A motion was passed unanimously by the Planning COMMission by a recorded Vote
of 12 tO approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard improvements as required by the Subdivision Ordinance and Site
Plan Ordinance.
2. City water and sewer.
3. The ditch to the north is to be piped and an adeo.uate drainage system
is to be provided for this site. 8/15/77
Very truly yours,
R/D :ni 'L @e
Chairman
RDLam
Mr. W. Shep Drewery, Attorney, represented the petitioners
Mr. Nick Cohen, Attorney, appeared on this matter
Mr. Richard Brydges, Attorney, represented the residents
On motion by Councilman Griffin, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Nlayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance upon petition
of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John
Ray Potter for a Change of Zoning District Classification from R-5
Residential District to T--3 Residential District:
ORDINANCE UPON PETITION OF GORDON B. POTTER, DFAN S. Z0877273
POTTER, JR., LUCILLE B. POTTER AND JOHN RAY POTTER
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 Residential District TO R-3 Residential District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter
and John Ray Potter for a Change of Zoning District Classification
from R-5 Residential District to R-3 Residential District on certain
property located at the Northwest corner of Laskin Road and Winwood
Drive, running a distance of 254.63 feet along the North side of Laskin
Road, running a distance of 1119.29 feet along the Western property
line, running a distance of 250.36 feet along the South side of Laurel
Lane, and running a distance of 1153.5 feet along the West side of
Winwood Drive. Said parcel contains 6.535 acres. (Hilltop 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 improvements as required by the Subdivision
Ordinance and Site Plan Ordinance.
2. City water and sewer
3. The ditch to the north is to be piped and an adequate
drainage system is to be provided for this site.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 15 day of August 1 1977. 8/15/77
9 -
ITEM #11166
Peti tion of Gordon B. Potter, Dean S. Potter, Jr. , Luci I I e B. Potter and ionn I
Ray Potter for a Chan' e n, listrict Cl,,ssification from R-5 Residential;
:t 0.
District to 0-1 OTfi e D7:tr7n certain property located 358.37 feet North
of Laskin Road beginning at a point 21@O fee*, niore or less West of Wiilwood
Drive, running a distance of 200 feet along the Southern property line,
running a distance of 771.70 feet along the Western property line, running a
distance of 000.24 feet along the Northern Oroperty line and running a distande
of 760.92 feet along the Eastern property line. Said parcel contains 4.29
acres more or less (modified fro,,n 5.839 acres). (Hilltop Area).. LYNNHAVEN
BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded voteiof
12 to approve this request.
ror the information of the applicant, prior to the issuance of a building perMi'L,
the following will be required by the adniinistrative staff: I
1 Standard improvements as required by the Subdivision Ordinance and S@te
Plan Ordinance.
2. City water and sewer.
3. A 6-foot landscaped berm is to be constructed along the west side ofi
Parcel D to buffer the proposed residential area from the proposed adjacent
businesses.
4. Parcel D is to be shielded from outside lighting.
Mr. W. Shep Drewery, Attorney, represented the petitioners
Mr. Nick Cohen, Attorney, appeared on this matter
Mr. Richard Brydges, Attorney, represented the residents
On motion by Councilman Griffin, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice @,layor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance upon petition
of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John
Ray Potter for a Change of Zoning District Classification from R-5
Residential Distrct to -1 Office District:
ORDINANCE UPON PETITION OF GORDON B. POTTER, DEAN S. Z0877274
POTTER, JR., LUCILLE B. POTTER AND JOHN RAY POTTER
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 Residential District TO 0-1 Office District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH
VIRGINIA, that:
Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter
and John Ray Potter for a Change of Zoning District Classification
from R-5 Residential District to @-I Office District on certain pro-
perty located 358.37 feet North of Laskin Road beginning at a point
250 feet more or less West of Winwood Drive, running a distance of
200 feet along the Southern property line, running a distance of
771.70 feet along the Western property line, running a distance of
200.24 feet along the Northern property line and running a distance
of 760.92 feet along the Eastern property line. Said parcel contains
4.29 acres more or less (modified from 5.839 acres). (Hilltop 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 improvements as required by the Subdivision
Ordinance and Site Plan Ordinance.
2. City water and sewer
3. A 6-foot landscaped berm is to be constructed along the
west side of Parcel D to buffer the proposed residential area
from the proposed adjacent businesses.
4. Parcel D is to be shielded from outside lighting.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 15 day of August , 1977.
ITEM #11167
Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and
John Ray Potter for a Change of Zoninq District Classification from R-5
Residential District to B-i Business-Res dential District on certain pro-
perty located on the Nortli side of Laskin Road beginning at a point 2@4
feet more of, less West of Winwood Drive, runrling a distance of 210 -eet
more or less along the North side of Laskin Road, running a distance of
300 feet along the Western property line, running a distance of 200 feet
along the Northern property line and running a distance of 358.37 feet
along the Eastern property line. Said parcel con+ains 1.54 acres more or
less. (Hilltop Area). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Plaiining Conimission by a recorded
vote of 12 to approve this request.
-----For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Subdivision Ordinance aild
Site Plan Ordinance.
2. City water and sewer.
3. There are to be no additional median cuts on Laskin Road and a left
turn lane is to be provided on Laskin Road opposite the proposed road.
4. A 6-foot landscaped berm is to be constructed along the west side of
Parcel D to buffer the proposed residential area from the proposed adjacent
businesses.
5. Parcel D is to be shielded from outside light3ng. 8/15 /7 7@',
Very truly yours,
R. Dean Lee
Chairman
Mr. W. Shep Drewery, Attorney, represented the petitioners
Mr. Nick Cohen, Attorney, appeared on this matter
Mr. Richard Brydges, Attorney, represented the residents
On motion by Councilman Griffin, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance upon petition
of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter and John
Ray Potter for a Change of Zoning District Classification from R-5
Residential District to T--l Business-Residential District:
ORDINANCE UPON PETITION OF GORDON B. POTTER, DEAN S. Z0877275
POTTER, JR., LUCILLE B. POTTER AND JOHN RAY POTTER
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 Residential District TO B-1 Business-Residential
District:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Petition of Gordon B. Potter, Dean S. Potter, Jr., Lucille B. Potter
and John Ray Potter for a Change of Zoning District Classification
from R-5 Residential District to B-1 Business Residential District
on certain idroperty located on the North side of Laskin Road beginning
at a point 254 feet more or less West of Winwood Drive, running a dis-
tance of 210 feet more or less along the liorth side of Laskin Road,
running a distance of 300 feet along the Western property line, running
a distance of 200 feet along the Northern property line and running a
distance of 358.37 feet along the Eastern property line. Said parcel
contains 1.54 acres more or less. (Hilltop Area). Lynnhaven Borou-,h.
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. There are to be no additional median cuts on Laskin Road
and no left turn lane.
4. A 6-foot landscaped berm is to be constructed along the
west side of Parcel D to buffer the proposed residential area
from the proposed adjacent businesses.
5. Parcel D is to be shielded from outside lighting
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 15 day of ugust , 1977
8/15/77
- I ; -
ITEII #11168
Application of The Southland Corporation for a Conditional Use Permit for a
self-service automobile service station on certain property located at the
Southwest intersection of Holland Road and Sliipps Corner Road, running a
distance of 160 feet along the tlest side of Hollarid Road, runnitig a distance
of 165 feet along the Southet'n property line, running a distance of 160 feet
alohg tlie Western properly Iiiie and runnitig a distance of 165 feet along the
Northern property line. Said parcel contaiiis 26,400 square feet. (Shipps
Corner Area). PRITICESS ANNE BOROUCti.
PLANNING C014MISSION RECOM14ENDATIO@l:
A motion ;-ias passed by the Planning Commission by a recorded vote of 10
for the motion and 1 against to approve tliis request.
.,-for the information of tlie applicaiit, prior to the issuance of a building
permit, the following will be required by the administi,ative staff:
1. Standard impi@ovements as required by the Site Plan Ordinance.
2. Soil type proliibits the installation of septic tank and drain-
field and State law prohibits a punip and haul operation. The
only permissible unit @-iould bL:! a "destroilet" type unit for
employees only. Approval for the convenience food store cannot
be gi-anted except with City water and S('@qer.
3. A 5 foot dedication of rigi,,t-of-way along the 160 foot more or
less frontage on tfolla@ld Road.
4. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaiiiing to Autoinobile Service Stations. 8/1
Mr. Richard Derker, Gasoline Alarketing Nlana,,,C-,r, represented the
applicant. -13-
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, John R. Griffin, Nlayor Clarence A. Holland, J. Henry lIcCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice @,layor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to adopt the following resolution upon application
of The Southland Corporation for a Conditional Use Permit for a self-
service automobile service station:
RESOLUTION UPON APPLICATION OF TIIE SOUT'ILAND CORPORATION R0877136
FOR A CONDITIONAL USE PERMIT FOR A self-service automobile
service station:
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII,
VIRGINIA, that:
Application of The Southland Corporation for a Conditional Use Permit
for a self-service automobile service station on certain property lo-
cated at the Southwest intersection of Holland Road and Shipps Corner
Road, running a distance of 160 feet along the West side of Holland
Road, running a distance of 165 feet along the Southern property line,
running a distance of 160 feet along the Western property line and
running a distance of 165 feet along the Northern property line. Said
parcel contains 26,400 square feet. (Shipps Corner 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 Site Plan
Ordinance.
2. Soil type prohibits the installation of septic tank
and drain field and State law prohibits a pump and haul
operation. The only permissible unit would be a "destroilet"
type unit for employees only. Approval for the convenience
food store cannot be granted except with City water and sewer.
3. A 5 foot dedication of right-of-way along the 160 foot
more or less frontage on Holland Road.
4. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Station.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 15 day of August , 1977
8/15/77
- i 14 -
ITEM #11169
A plication of Tidewater Westniinster iloiries, Inc./First Colonial Village,
p
Inc., for a Conditional Use Pe..rmit for a 150-unit Presbyterian/Episcopal
Retirement Facility on cer-Laiii property located at the Northivest corner of
Great [4eci, Road and Laurel Cove Dr,ive, running a distance o" 750.30 feet
along the West side of Great N--ck Roed, i,unniiig a distance of 425.49 feet
along the Northern property line, ruiiiiitig a distance of 728.86 feet along
the Western propet,ty line and running a distance of 450 feet along the
North side of Laurel Cove Drive. Said parcel contains 7,63 acres. (Laurel
Cove-Woodhurst Areas). LYN@\IIIAVEN BOROUGH.
Planning Conmlission Rcconimendation:
A motion was passed by the Planning Coniriiission by a rvcorded vote of 8 for
the motion and 4 against to deiiy this reqtiest. It was felt tliat approval of
this request would be an intrusion of apartnients into an already established
single family neighborhood.
The following persons appeared in favor of the above application:
Mr. Daniel Dickerson, representing Tidewater Westminister
Homes, Inc./First Colonial Village, Inc
Mrs. Mary O'Gara
Mrs. Helma Dungee
Mr. Walter N. Nixon, Architect, Clark, Nixon and Owen
Mrs. Elaine Kuhn
Mrs. Mary Ellen Cox, @layor's Committee on Aging
Mr. Glenn Campbell
Mr. Sam Houston, Sr. Mayor's Committee on Aging/SEVAMP
The following appeared in opposition:
Mr. Grover C. Wright, Jr., Attorney, representing Laurel Cove
Mr. Art Cloninger, President, Laurel Cove Civic League
Mr. L. A. Daniels
Mr. Rodney Schall, Wolfsnare area
Mr. J. Bradley Redort
After considerable discussion, Councilwoman Oberndorf made a motion,
seconded by Vice Mayor Standing, to defer for 60 days the above
application of Tidewater Westminster Homes, Inc./First Colonial Village,
Inc., for a Conditional Use Permit for a 150-unit Presbyterian/Episcopal
Retirement Facility. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry lAcCoy,
Jr., Councilwoman Meyera E. Oberndorf, and Vice Mayor Patrick L.
Standing
Nays: Councilman Roger L. Riggs
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to defer for 60 days the above application of
Tidewater Westminster Homes, Inc./First Colonial Village, Inc., for
a Conditional Use Permit for a 150-unit Presbyterian/Episcopal
Retirement Facility on certain property located at the Northwest
corner of Great Neck Road and Laurel Cove Drive, running a distance
of 750.80 feet along the West side of Great Neck Road, running a dis-
tance of 425.49 feet along the Northern property line, running a dis-
tance of 728.86 feet along the 1,Vestern property line and running a
distance of 450 feet along the North side of Laurel Cove Drive. Said
parcel contains 7.63 acres. (Laurel Cove-Woodhurst Areas). Lynnhaven
- i @ -
ITEM #11170
COUNCILMAN CROMWELL LEFT CHA@IBERS
Application of Exxon Corporation for a Conditional Use Permit for an auto-
mobile service station on certain property ocated on t e East side of
Rosemont Road (Proposed) beginning at a point 37.54 feet South of Holland
Road, running a distance of 318 feet niore or less along the East side of
Rosemont Road (Proposed), running a distance of 66.48 feet in an Easterly
direction, running a distance of 40 feet in a Southerly direction, running
a distance of 52.03 feet in an Easterly direction, running a distance of
332.37 feet along the Eastern property line and running a distance of 144.65
feet along the Northern property line. Said parcel contains 1.107 acres.
(tiolland Rose Area). PRINCESS AN@QE BOROUGH.
PLANNING COM14ISSION RECOMMETIDATION:
A niotion was passed by the Planning Coninlission by a recorded vote of 9
for the motion and I agtinst to approve this request.
For the infoi-mation of the applicant, prior to the issuance of a building
permit, the following will be required by the adniinistrative staff:
1. Standard iniprovements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The southern portion of this site is to be drained to the proposed
canal system in the PUD corridor.
4. No median openings will be allowed along either Holland Road or
Rosemont Road,
5. The developer is to construct or provi.de funds for one-half of
Rosemont Road adjacent to this site (two fully improved lanes).
6. The two curb cuts on Holland Road are to be a maximum of 24 feet
in width and each is to be one-way for entrance and exit purposes.
7. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
Mr. Joseph Lawler, Attorney, represented the aoplicant
On motion by Councilman Ferrell, seconded by Councilman @.,IcCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Geor.,e R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. @lienry McCoy, Jr., Councilwoman Aleyera
E. Oberndorf, Roger L. Riggs, and Vice klayor Patrick L. Standing
Nays: None
Absent: Councilmen Robert B. Cromwell, J. Curtis Payne, and Floyd
E. Waterfield, Jr.
City Council voted to adopt the following resolution upon application
of Exxon Corporation for a Conditional Use Permit for an automobile
service station:
R / I q'7 -7
---------- -- ituoi dill
-16- FOR A CONDITIONAL USE PERMIT FOR AN automobile
service station
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII,
VIRGINIA, that:
Application of Exxon Corporation for a Conditional Use Permit for an
automobile service station on certain property located on the East side
of Rosemont Road (Proposed) beginning at a point 37.54 feet South of
Ilolland Road, running a distance of 318 feet more or less along the East
side of Rosemont Road (Proposed), running a distance of 66.48 feet in
an Easterly direction, running a distance of 40 feet in a Southerly
direction, running a distance of 52.03 feet in an Easterly direction,
running a distance of 332.37 feet along the Eastern property line and
running a distance of 144.45 feet along the Northern property line.
Said parcel contains 1.107 acres. (Holland Rose 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 Site Plan
Ordinance.
2. City water and sewer
3. The southern portion of this site is to be drained to
the proposed canal system in the PUD corridor
4. No median openings will be allowed along either Holland
Road or Rosemont Road
5. The developer is to construct or provide funds for one-
half of Rosemont Road adjacent to this site (two fully improved
lanes).
6. The two curb cuts on Holland Road are to be a maximum of
24 feet in width and each is to be one-way for entrance'and
exit purposes.
7. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
This resolution shall be effective upon date of adoption
Adopted by the Council of the City of Virginia Beacb, Virginia,
on the 15 day of st , 1977
ITEM #11171
COUNCILMAN MCCOY LEFT CHAMBERS
COUNCILMAN CROMWELL RETURNED
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. Holland, Councilwoman
Meyera E. Oberndorf, Roger L. Riggs, and Vice @layor Patrick L.
Standing
Nays: None
Absent: Councilmen J. Henry McCoy, Jr., J. Curtis Payne, and Floyd
E. Waterfield, Jr.
CitY Council voted to approve the folloivin_ff ordinance to amend and
reordain Article 1, Section 111, of tbe Comprehensive Zoning Ordinance
pertaining to the Definition of Yard:
8/15
1 7 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111, OF THE COMPRE-
HENSIVE ZONING ORDINANCE PERTAINING
TO THE DEFINITION OF YARD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. is amended and
reordained as follows:
Yard. A required open space unobstructed by any structure or
portion of a structure above the ground elevation; pro-
@ided, however, that:
(a) fences, walls, poles, posts, wires and
customary yard accessories; and
(b) roof overhangs or eaves extending not
more than four (4) feet into a yard; and
(c) residential heatinq and coolinq mechanical
n' ot more than five
nii, c
e'u PTentt e t:r
feei " . axy dono loser than five T5)
feet to an existing property line; and
(d) chimn7ysh:xt n ing not more than eighteen
(18T nc s 7nd
to a yard;
and-earperts-and-garages may occupy portions of certain
yards as provided herein; subject, however, to height
limitations and other requirements limiting obstruction
of visibility applying to such yards.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
15th day of August 1977.
ITEM #11172
COUNCILMAN IICCOY RETURNED TO CHAMBERS
On rnotion by Councilman Cromwell, seconded by douncilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Batim, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: IVone
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and
reordain Article 4, Section 401 of the Comprehensive Zoning Ordinance
pertaining to Care Facilities in the AG-1 Agricultural District:
8 / 1 57 7
-18 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTION 401 OF THE COMPRE-
HENSIVE ZONING ORDINANCE PERTAINING
TO CARE FACILITIES IN THE AG-1 AGRICUL-
TURAL DISTRICT
BE IT ORDAINED BY THE CCUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 401(c), Conditional uses and structures, of the C. Z. 0. is
arnended and reordained as follows:
(7) Family care homes, foster homes or group homes;
(8) @7)- Fraternity and sorority houses, student dormitories and
student centers; provided that the same be located within
a one (1) mile radius of a college or university;
(9) Golf courses, including par 3, with a minimum area of
ten (10) acres, and miniature golf courses;
(10) Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child
care centers, day nurseries, other than those covered
as permitted principal uses and structures hereinabove,
when not operated by a public agency;
(11) @1-0) - Hospitals and sanitariums;
(12) @l4@ Marinas, including facilities for storage and repair of
boats and sale of boating supplies and fuel;
(13) @1-24- Monasteries and convents;
(14) @1-34 - Museums and art galleries when not operated by a
public agency;
(15) @1.0 - Private schools having academic curriculums similar
to public schools;
(16) @1-54 - Public utility transformer stations and major trans-
mission lines and towers (50, 000 volts or rnore);
(17) (1-64- Recreation and amusement facilities of an outdoor
nature other than as specified under permitted prin-
cipal uses and structures, which may be partially
or temporarily enclosed on a seasonal basis with
approval of City Council.
8 /15 7 7
1 9 -
(1 8) CI-74 - Recreational campgrounds;
(19) (.1@ - Riding academies, horses for hire or boarding;
(20) CI-94- Storage, offices or maintenance installations for
public utilities;
(21) Television or other broadcasting stations and line-
of-sight relay devices;
(ZZ) @114- Lodges for fraternal organizations;
(Z3) Two family detached dwellings.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15
day of August 1977.
ITEM #11173
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, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Dvlayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and
reordain Article 5 of the Comprehensive Zoning Ordinance pertaining
to Care Facilities in the R-1 and R-9 Residential Districts:
8 / 1 5 7 7
- 2 0 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO CARE FACILITIES
IN THE R-1 AND R-9 RESIDENTIAL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 501(c), Conditional uses and structures, of the C. Z. 0. (relating
to the R-1 Residential District) is amended and reordained as follows:
(5) Family care hornes, foster homes or group homes;
(6) @5-)- Fraternity and sorority houses, student dormitories and
student centers, provided, however, that the same shall
be located within a one (1) mile radius of an established
college or university;
(7) Home occupations;
(8) Marinas, other than commercial, excluding facilities for
storage and repair of boats and sale of boating supplies
and fuel;
(9) Museums and art galleries when not operated by a public
agency;
(1 0) @9.)- Non-illuminated golf courses; including par 3 but not
miniature, with a minimurn area of ten (10) acres, together
with such uses which are incidental to golf courses, pro-
vided that such uses shall be designed and scaled to meet
only the requirements of the members, guests, or users of
the golf course, and no signs or other indications of such
uses shall be visible from any public way;
(11) @1-04 -Private schools having academic curriculums similar to
public schools;
(12) (Ii Recreation facilities of an outdoor nature, other
than as specified under permitted principal uses and struc-
tures, which may be partially or temporarily enclosed on
a seasonal basis, with the approval of City Council, except
that riding academies and recreational campgrounds shall
not be allowed as a conditional use or otherwise;
8 /15 7 7
(13) Residential kennels;
(14) @1-34- Stables for horses, provided that no stable shall be
within three hundred (300) feet of any property line;
(15) @l-q- Storage or rnaintenance installation for public
utilities;
(16) @1-54- Television or other broadcasting stations and line-
of-sight relay devices.
That Section 581(c), Conditional uses and structures, of the C. Z. 0. (relating
to the R-9 Residential Townhouse District) is arnended and reordained as follows:
(5) Family care homes, fo.ster homes or roup homes;
(6) @5-)- Marinas, including facilities for storage and repair of
boats and sale of boating supplies and fuel;
(7) Museums and art galleries when not operated by a public
agency;
(8) Private schools having acadernic curriculums similar to
public schools;
(9) Recreation and amusement facilities of an outdoor nature,
other than as specified under permitted principal uses
and structures, which may be partially or ternporarily
enclosed on a seasonal basis with approval of City
Council, except that riding academies and recreational
carnpgrounds shall not be allowed as a conditional use
or otherwise;
(10) @9l)- Storage and maintenance installations for public utilities.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15
day of St 1977. APPROVED AS TO CONTENT
ITEM #11174
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, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and
reordain Article 6 of the Comprehensive Zoning Ordinance pertaining
to Care Facilities -in the A-1 tment District:
8/15/7
2 2 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO CARE FACILITIES
IN THE A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 601(c), Conditional uses and structures, of the C. Z. 0. is
amended and reordained as follows:
(5) Family care homes, foster homes or group homes;
(6) @5-)- Fraternity and sorority houses, student dormitories
and student centers;
(7) Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes;
(8) @7-)- Hospitals and sanitariums;
(9) (4)- Marinas, including facilities for storage and repair
of boats and sale of boating supplies and fuel;
(10) @9-)- Medical offices and clinics;
(11) (1-04- Mobile home parks;
(12) @l4@ Museums and art galleries when not operated by a public
agency;
(13) @l-Z4 - Private schools having academic curriculums similar
to public schools;
(14) (1-34 - Recreation and amusement facilities of an outdoor nature
other than as specified under permitted principal uses
and structures, which may be partially or temporarily
enclosed on a seasonal basis with approval of City
Council, except that riding academies and recreational
campgrounds shall not be allowed as a conditional use
or otherwise;
8 /15 7 7
2 3-
(15) (14) -Television or other broadcasting stations and line-
of-sight relay devices.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15
day of 1977.
S TO CORM
SIGN,I,TURE
CITY AT IOPNEY
ITEM #11175
On motion by Councilman Ferrell, seconded by Vice @,layor Standing, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, ?vlayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vfce Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to defer until September 12, 1977 the following
ordinance to amend and reordain Article 9, Part D, of the Comprehensive
Zoning Ordinance pertaining t6 Housing r tle Aged, Disabled or
-L@ I
Handicapped in the B-4 Resort-Commercial District:
8/15/77
2 4 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, PART D, OF TH.E COMPREFIEN-
SIVE ZONING ORDINANCE PERI'AINING TO
HOUSING FOR 'I'HE AGED, DISABLED OR HANDI-
CAPPED IN THE B-4 RESORT COM@IERCLAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE, CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 931, Use Regulations, of the C. Z. 0. , is amended and re -
ordained as follows:
(c) Conditional uses and structures:
(2) Homes for the aged, disabled or liandicapped, including
conval.escent or nursing hornes; i-naternity homls2, day
care centers, other than those covered under permitted
principal uses and structures hereinabove, when not
operated by a public agency;
(3) C2,) 1%4arinas, including facilities for storage and repair of
boats and sale of boating supplies and fuel.
That Section 932, Minimum Lot Area, Lot Width, Yard Spacing and Maximum
Density Regulations, of the C. Z. O., is amended and reordained as fonows:
The maximum density for all permitted uses and structures
except hotels, motels and multiple family dwellings shall
not exceed a floor area ratio of 1. 75 times the zoning lot
area. The maximum density for hotels and motele shall be
the same as for the 11-1 Hotel District. The maximum density
for multiple family dwellings shall be the rame as for the
A-4 Apartment District. The maximiim density for homes for
the aged, dis,@ibled or handicapped shall be sixty (60) dwelling
units per acre.
That Section 934, Height Regulations, of the C. Z. 0. , is amended and re-
ordained as follows:
934. Height Regulations
Within the B-4 Resort Commercial D.i.strict, no portion of any
building or other structure shall exceed a height of seventy-
2 5 -
five (75) feet, except for homes for tlie aged, eiisabled, or
handicapped wliicti shall not exceed 165 f(-et in liciglit.
That Section 935, O.If-Street Parking Requircy,.-ients, of the C. Z. 0. , is
amended and reordained as folloxs:
935.Off-Street Parking Requ;rements
Within a B-4 Resort Commercial District, the same off-street
parking requirements which are applicable to uses permitted
witbin the B-2 Community-Business I)istrict shall apply to any
of such uses which are also permitted in ',.lie B-4 Resort
Commercial District and in addition, tlie lollowing specified
uses shall cornply with the off-street parl,.ing requirements
designated thei-efore:
(a) liotels and motels: at least orie (1) space per unit;
(b) Housin,.,, for the aged, disabled or handicapped- at
least one (1) space for every two (@) units;
(c) Multiple family dwellings: at least one and one-half
(1-1/2) spaces per unit; however, if in the overall
requirements any fractional parkitig space shall be
required, such fraction shall be ir-creased to one (1)
full spxce;
(d) For all other uses, the off-street parking requirements
shall be as specified in the B-2 Community-Business
District.
DEFERRED UNTIL SEPTEMBER 12, 1977
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1977.
ITEM #11176 - 2 6-
On motion by Councilman Baum, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A- Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and
reordain Article 1, Section 106 of the Comprehensive Zoning Ordinance
pertaining to Appeals and Variances:
AN OMINANCE TO AMEND AND REO@N ARTICLE
I, SBCTICN 106 OF THE COWPMMSIVE Z@G
010@ PE@G TIO APPEAIS AND VAPJA=
BE IT 0 BY nE OC)UNCIL OF = CITY OF VIFCMM BEACH,
VIFCINIA:
That Article 1, Section 106, Appeals and Variances, of the C.Z.O.
is @ded and reordained as follows:
106. Appeals and Variances
(e) In regard to Article 12 and National Flood Insurance
Program, variances should only be issued for new con-
struction and substantial improvermnts to be erected
on a lot of one-half acre or less in size contiguous
to and surrounded by lots with existing structures
constructed below the base flood level, in conformnce
with the procedures below:
(1) Variances shall only be issued upon a showing of
good and sufficient cause, a dete@ation th t@
failure to grant the variance would result in
exceptional hardship to the applicant, and a
deterrunation that the granting of a variance
will not result in increased flood heights, addi-
tional threats to public safety, extraordinary
public expense, create nuisances, cause fraud
on or vict @ zation of the public, or conflict
with existing local laws or ordinances.
(2) variances shall only be issued upon a determination
that the variance is the @imum necessary, OC)nsid-
@ing the flood hazard, to afford relief.
(3) The City of Virginia Beach shall notify the appli-
cant in writing over the signature of a City
official that the issuance of a variance to con-
struct a structure below the base flood level will
result in i-ncreased premium rates for flood insur-
ance up to amunts as high as twenty-five (25)
@ollars for one hundred (100) dollars of insuranoe
coverage and such construction below the base flood
level increases risks to life and property. Such
notificati-on shall be niaintained with a record of
all variance actions as required in paragraph 4 belcw.
8 1 5 7 7
- 2 7 -
(4) The City of Virginia Beach shall maintain a record of
all variance actions, including justification for their
issuance, and report such variances issued in its
annual report submitted to the Administrator.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15
day of August 1977.
APPRO)OD AS TO CONT*ff
S(GNATUP@
7- /J@ 77
@Pe-MOVED AS TO FORM
SIGNATUPE
CITY ATTORNEY
8/i5/77
- 2 3 -
ITEM #11177
on motion by Councilman Baum, seconded by Councilman Griffin, and by
recorded vote eLs 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, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield Jr.
City Council voted to approve the following ordinance to amend and
reordain Article 1, Section ill of the Comprehensive Zoning Ordinance
pertaining to Definitions:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 111 OF THE COM-
PREHENSIVE ZONING ORDINANCE PERTAIN-
ING TO DEFINITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 1, Section 111, Definitions, of the C.Z.O. is
amended and reordained as follows:
Flood Plain. That land area adjoining a river, stream, watercourse,
ocean, bay, or lake, which is subject to inundation. Flood
plains shall be determined as the land situated below the ele-
vation of (a) that recorded by the maximum elevation of the
flood water of record or (b) the intermediate flood level as
determined by the U. S. Army Corps of Engineers or (c) the
flood level as determined by the Department of Gemmen-it-y-
6ery-iees Public Works. whichever is greater. Any changes in
the delineation of the intermediate flood level are subject
to approval by the Federal Insurance Administrator.
A flood plain is divided into two areas:
(a) Floodway. A natural or artificial watercourse with
definite bed and banks to confine and conduct
flood flows. The top of the banks form the
dividing lines between the floodway and the flood
fringe. Floodway lines must be established in
such a manner that some loss of storage and hy-
draulic conveyance attributable to guiding future
development outside the floodway will not increase
flood heights more than applicable regulatory
standards. Pending floodway delineations from a
storm drainage master plan, minimum natural floodways
shall be identified from Soil Conservation Service
soil maps and shall be on file with the Department
of Gommunity-Ser-w-ices Public Works and the Planning
Department.
(b) Flood Fringe. The relatively flat area or low lands
adjoining a floodway which has been or may in-
frequently be covered by flood water.
Substantial Improvement. As it relates to Article 12, Flood Plain
Regulations, any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50 percent
of the market value of the structure either before the im-
provement or repair is started, or if the structure has been
damaged, and is being restored, before the damage occurred.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 15 day olf August 1977.
8 / 1 5 / 7 7
ITEPI #11178
On motion by Councilman Baum, seconded by Councilman Griffin, and by
@ecorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice llayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and
reordain Article 2, Section 232 of the Comprehensive Zoning Ordinance
pertaining to for Mobile Home Parks:
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE
2, SECTION 232 OF THE COMPREHENSIVE ZONINQ
ORDINANCE PERTAINING TO REQUIREMENTS FOR
MOBILE HOME PARKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 232, Mobile Home Parks, of the C.Z.O. is amended
and reordained as follows:
(b) Tract. The mobile home park shall comprise a single tract
except where divided by public streets or alleys or where
the total tract includes separate parcels for necessary
utility plants, maintenance or storage facilities with
appropriate access to the park. All lands involved shall
be so dimensioned and related as to facilitate efficient
design and management. Density shall not exceed seven (7)
units per gross acre.
The following shall apply to any mobilehome park located
in a flood plain including new mobilehome parks and mobile
home suldivision ; ex pansions to existing mobile home parks
and mob ile home :ubdillisions; and existing mobile home parks
and mobile home subdivisions where the repair, reconstruction
or improvement of the streets, utilities and pads equals or
@ent of the value of the streets, utilities and
,ads b8lore the repair, reconstruction or improvement has
co.. n ed.
(i) stands or lots shall be elevated on compacted fill or
q so tlat the lowest floor of the mobile home
"Illnb: at or above the base flo d evel,
(ii) ade, uate ur ce drainage and access for a hauler shall
Fe provid;df:nd
(iii) in the instance of elevation on pilings, lots shall be
Ta-r e enouh to pemit steps, piling foundations shall
St,
be ?n ,b?e ,Oil no more th6n ten (10) feet apart; and
reinforcement shall be provided
)ove the ground level.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15
il'EM #11179 -30-
Pn motion by Councilman Baum, seconded by Councilman Griffin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. CroTnwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance to amend and
reordain Article 12, Sections 1201 and 1203 of the Comprehensive
Zoning Ordinance pertaining to Fl-ood PI-ain ations:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 12, SECTIONS 1ZOI AND IZ03 OF THE
COMPREHENSIVE ZONING ORDINANCE PER-
TAINING TO FLOOD PLAIN REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINI.A:
That Article 12, Sections 1201 and IZ03, of the C. Z. 0. is amended and
reordained as follows:
Section 1201. Establishing the Flood Plain Areas
Flood plain and floodway areas shall be established in conformance
with the definitions of Flood Plain and Floodway. Any land included
within a Flood Plain shall be subject to the use regulations and
the special requirements relating to floodways and flood fringes as
set forth in this Article, provided that any permitted develo'pment
is further subject to all federal and state rules a
Section 1203. Special Requirements Applicable to the Flood Plain
(a) Regulation of floodways. Any provision to the contrary notwith-
standing, no use or structure or substantial improvernent to
existing structure shall be permitted in any floodway, if such
use or structure or substantial improvernent will adversely
affect normal flood flow, or will increase oding of lands
above or below the property, or will increase erosion within
or adjoining the floodway, or will cause diversion of flood
waters in any manner more likely to create damage than does
flow in a normal course, or will increase peak flows or velo-
cities in a rnanner likely to lead to added property damage
or hazards to life, or will increase amounts of damaging
materials (including those likely to be injurious to health)
which might be carried downstream in floods.
(b) Regulation of flood fringes. Every structure or substantial
improvement to existing structure permitted in the flood fringe
shall be so located, elevated, and constructed as to resist
floatation and to offer minirnum obstruction to floow flow. The
8 1 57 7
- 3 1 -
f-i@shed-f-irst-i@r-.e4evat-i@ lowest floor (including basement)
of every Elwe4l-i@ structure shall be a minimum of one (1) foot
above the elevation of the flood plain. No use shall be permitted
if such use will increase the amounts of potentially damaging
rnaterials (including those likely to be injurious to health) which
might be carried downstream in floods.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 15
day of August 1977.
APPROXED AS TO CONTEW
7-IS- 7 7
tPARTM T
APF,TZOVED A, S TO FORM
SIGI@ATURE
CITY ATTOPNEY
8 / 1 57 7
ITE@l #11181
On motion by Councilman Riggs, seconded by Vice Mayor Standing, and
by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Idayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L.
Standing
Nays: None
Abstain: Councilman John A. Baum
Absent: Councilman J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance closing, vacating
and discontinuing a portion of Greensboro Avenue between Blocks 18 and 19,
Mediterranean Avenue to Lake Rudee, as shown on the Plat of Shadowl,w,
Heights, Map Book 7, Page 14, Sheet 1, Circuit Court of the City of
Virginia Beach, Vir.-inia. Approval subject to the following stipulations:
1. A subdivision plat is to be recorded which
combines Lots 3, 4 and 5 of Block 1S and Lots
1, 2, 4, 6, and 8 of Block 19 into one lot having
direct access to a public street.
2. The applicant is to make arrangements satisfactory
to officials of the Public Utilities Department for the
abandonment of the existing 2-inch water line located
along Greensboro Avenue and the relocation of the
existing meters or provide the necessary utility easements.
3. The applicant is to dedicate the necessary easements
for the existing VEPCO electric facilities along
Greensboro Avenue. 8/15/77
- 3 3 -
AN ORDINANCE CLOSING, VACATING
AND DISCONTINUING A PORTION OF
GREENSBORO AVENUE BETWEEN BLOCKS
18 and 19, MEDITERRANEAN AVENUE
TO LAKE RUDEE, AS SHOWN ON THE
PLAT OF SHADOW LAWN HEIGHTS, MAP
BOOK 7, PAGE 14, SHEET 1, CIRCUIT
COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
WHEREAS, proper Notice that Milton J. Weller would make
application to the City Council of the City of Virginia Beach,
Virginia, to have the hereinafter described portion of
Greensboro Avenue 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
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
portion of Greensboro Avenue should be closed, vacated and
discontinued;
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
1. That the sa.id portion of Greensboro Avenue between
Blocks 18 and 19, Mediterranean Avenue to Lake Rudee, is hereby
vacated and discontinued as a public thoroughfare of the City
of Virginia Beach, Virginia, said portion of Greensboro Avenue
not being needed for public use and travel:
TKkT portion of Greensboro Avenue as shown an the rmp of
Shadowlawn Heights, Virginia Beach, Princess Ame County,
,which plat was made in April, 1924 by Jno. M. Baldwin, et al,
and is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Kv Book
7 at page 14, sheet 1, and bein that certain portion of
Greensboro Avenue lying between Blocks 18 and 19 and being
bordered on the east by Lake Rudee and on tbe south by
Lots 5, 4 and the eastern me-half of Lot 3 in Block 18
an said plat, an the west by a line drawn frorn the center
BRYDGES, HUDGINS, of IDt 3 in Block 18 to the center of @t 8 in Block 19
EGE, BURT & O'BRIEN and an the north by Lots 1, 2, 4, 6 and the eastern one-
A-.-.Y@ A@ I,@ half of Lot 8 in Block 19 on said plat. Said property
V...@@A B.A@., VI.G@.A to be closed being wre particularly described and outlined
in red an a copy of said plat attached hereto.
8 /,15 7 7
3 4 -
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.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 15 day of ugust 1977
Approval subject to the following stipulations:
1. A subdivision plat is to be recorded which
combines Lots 3, 4 and 5 Block 18 and Lots 1,
2, 4, 6 and 8 of Block 19 into one lot having
direct access to a public street.
2. The applicant is to make arrangements satisfactory
to officials of the Public Utilities Department for the
abandonment of the existing -0-inch water line located
along Greensboro Avenue and the relocation of the
existing meters or provide the necessary utility
easements.
3. The applicant is to dedicate the necessary easements
for the existing VEPCO electric facilities along
Greensboro Avenue.
BRYDGES, HUDGINS,
EGE, BURT & O'BRIEN
A-.-- A@ L,@
8/15/77
- 3 5 -
I
@ c
sr
z @ E
c
9 T
,4 7 7 0
- 3 7 -
ITEM #11182
Mr. Grover C. lvright, Jr., Attorney, represented the applicant
On motion by Vice Mayor Standing, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry AIcCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to deny the followin-- ordinance vacating and dis-
continuing a portion of 3rd Street, in the Virginia Beach Borough of
the City of Virginia Beach, Virginia:
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF 3RD STREET, IN VIRGINIA
BEACH BOROUGH, IN TRE CITY OF VIRGINIA
BEACH, VIRGINIA
WHEREAS, proper notice of the intended application of the
applicant, N.A.D., Inc., to be presented to the City Council of
the City of Virginia Beach, Virginia, on the Ilth day of July,
1977, and for the vacation of the hereinafter described public
street in the City of Virginia Beach, Virginia, was on the 20th
day of June, 1977, duly posted@at the Court House of the Circuit
Court of the City of Virginia Beach, Virginia, and at two other
public places in the City of Virginia Beach, Virginia, in confoi-mity
with the manner prescribed by Code of Virginia, Section 15.1-364,
for tte institution of proceedings for the vacation of a public
street; and
WHEREAS, said application was made to the City Council o@@
the City of Virginia Beach, Virginia, on tlie Ilth day of Jul.y, 1977,
and in conformity with the manner prescribed by Code of Virginia,
Section 15.1-364, for the conduct of such proceedings, the City
Council of the City of Virginia Beach, Virginia, on the llth day
of July, 1977, which was more than ten days after posting notice of
the intended application as aforesaid, appointed
and as viewers to view
such street and report in writing whether in their opinion, any alid
if any, what, inconvenience would result from discontinui-,Ig the
same, and said viewers have made such report to the City Council of
the City of Virginia Beach. Virzinia: and 8/15/
3 8-
WHEREAS, from such report and other evidence, and after
notice to the land proprietors affected thereby, along the street
proposed to be vacated, it is the judgment of the City Colincil of
the City of Virginia Beach, Virginia, that these proceedings have
been instituted, conducted and concluded in the manner prescribed
by Code of Virginia, Section 15.1-364, that no inconvenience would
result from vacating and di@continuing the portion of said street,
and that the portion of said street should be vacated and discontinued
NOW, THEREFORE, BE IT ORDAINED by tle Council of the City of
Virginia Beach, Virginia:
1. Tlut the portion of 3rd Street, in the Borough of Virginia
Beach, in the City of Virginia Beach, Virginia, be, and the same
hereby is, vacated and discontinued:
All that portion of 3rd Street south of and adjacent
to the property of N.A.D.,Inc. between the west side
of Atlantic Avenue and the east side of Rudee Boulevard,
in Virginia Beach Borough of the City of Virginia Beach,
Virginia, as shown on the pat attached hereto entitled
"Plat Showing Proposed Closure of 3rd Street Between
Atlantic Avenue and Rudee Boulevard", made by Engineering
Services, Inc., dated May 24, 1977.
2. This ordinance shall be in effect from and after thirty
(30) days from the date of its adoption.
3. A certified copy of this ordinance of vacation, together
with the plat attached hereto, shall be recorded as deeds are re-
corded, and indexed in the name of the City of Virginia Beach,
Virginia, as grantor, and in the name of N.A.D., Inc., as grantee,
in the Clerk's Office of the Circuit'Court of the City of Virginia
Beach, Virginia, at the expense of the applicant. 8 / 1 5 / 7 7
Certified to be a true and exact copy of an ordinance,
together with the plat annexed thereto, adopted by the City Council
of the City of Virginia Beach, Virginia, at its regular meeting held
on the lgth day of S tember 1977.
TESTE: R.J. WEBBON, CITY CLERK
B
y
City C e-,k
305 Birch@ood Par@ Dri@e
3 9 -
ArLANrIC A VENUE (80
s 06,05,30"r 45,r. 95'
PIN if/ Z5. 0 O' ZS.00' 15a oo'
tk
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CURVE DARA t4i
#0 RAOI.$ OCL rA kr*or. r..sr@r
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"I'@ oz ze" 5 34
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PLAr
SHOWING PROPOSED CLOSURE'
OF 3 RD srREE r
BErWE'EN ArLAA(rlC AVENUE
AND RUDEE BOTILEVARD
VIROI#IA BEACH BOROUSH VlRd;INIA BI-ACH, VIR47INIA
SCAI. C: ZO' MAY Z5, 19;17
L) engineering services inc
305 Bi,ch@ood Park Dri@e
Virginia BeGch Virginia 23A52 (804)A86 6AI0
40 -
On motion by Councilman Griffin, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne, and Floyd E. Waterfield, Jr.
City Council voted to approve the following ordinance appointing viewers
in the matter of closing, vacating and discontinuing a portion of
Thunderbird Drive, Plat of Sleepy Hollow, Lynnhaven Borough, Virginia
Beach, Virginia:
ORDINANCE APPOINTING VIEWERS
WHEREAS, VERONA PAVING CORP. and JOHN ROBERT & MARY L. MORRIS has
given due and proper notice, in accord with the statutes with such cases made
and provided, that they would, on this day, apply to the CitY Council of the
City of Virginia Beach, Virginia, for tha appointment of viewers to view the
below-described property, and report in writing to the Council whether, in the
opinion of said viewers any, and if any, what inconv,nien,e ,uld result from
the discontinuing of hereinafter described portion of Tbunderbird Drive in the
Lynnhaven Borough, CitY of Virginia Beach, Virginia, and have filed sucil
application with said Coun@il; and
NOW, THEREFORE, BE IT ORDAINED.BY THE COUNCIL OF THE CITF OF
VIRGINIA BEACH, VIRGINIA
THAT, C. Oral Lamhort
Scott
are hereby appointed to view t]
below described property, and report in vriting to the Planning Commission o: I
the City of Virginia Beach, Virginia, on or before
, and
subsequently to the Council whether in their opinion any, and if any, what in-
convenience would result from the discontinuing, closing and vacating of that
certain portion of Thunderbird Drive located in the Lynnhaven Borough, City of
Virginia Beach, Virginia, and described as follow,:
That certain portion of Thunderbird Drive in the City of
Virginia Beach which is bounded and d,,cribed as follows;
Beginning at a point where the northern line of Lot 14,
Section 1, Sleepy Hollow (Owned by John Robert & Mary L.
Morris) intersects the eastern line of the lands now or
formerly owned by Grayson Whitehurst. (This point is
also the southwest corner of Thunderbird Drive as shown
in Map Book 58 at Page 47). From said point running
N9'59159"W, a distance of 5".95 feet; thence turning and
istance of 97-20 feet; thence
running S77'56'59"E, a d
turning and running due south 10.67 feet; thence run,ing
along a curve with a radius of 50 feet, a distance of
68.02 feet; thence turning and running N77*56'59"W, a
distance of 128 feet to the point of beginning.
AND it is our opinion that no inconvenience to the public would re-
8/ 15/ 7sult in discontinuing, closing and vacating the above described street area.
- 4 1-
IN THE MATTER OF: CLOSING, VACATING
AND DISCONTINUING FORTION OF THUNDERBIRD PETITION
DRIVE, PLAT OF SLEEPY HOLLOW, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH
Your petitioners, Verona Paving Corp. and John Robert & Mary L. Morri
respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of the Code
of Virginia, 1950, as amended, the said petitioners apply for the vacating,
closing and discontinuing of that certain portion of a street situate in the
City of Virginia Beach, Virginia, and being more particularly described as
follows:
That certain portion of Thunderbird Drive in the City of
Virginia Beach which is bounded and described as follows:
Beginning at a point where the northern line of Lot 14,
Section 1, Sleepy Hollow (owned by Jolin Robert & Mary L.
Morris) intersects the eastern line of the lands now or
formerly owned by Grayson Whitehurst. (This point is
also the southwest corner of Thunderbird Drive as shown
in Map Book 58 at Page 47). From said point running
N9'59'59"W, a distance of 53.95 feet; thence turning and
running S77@56'59"E, a distance of 97.20 feet: thence
turning and running due south 10.67 feet; thence running
along a curve with a radius of 50 feet, a distance of
68.02 feet; thence turning and running N77*56'59"W, a
distance of 128 feet to the point of beginning.
2. That no inconvenience will result to any person by reason of
said closing, vacation and discontinuance of said street and Petitioners pray
that this Honorable Council appoint viewers as provided by the aforesaid
statute to view this portion of said street proposed to be closed, and report
in writing to the Pianning Commission of the City of Virginia Beach, Virginia,
on or before the day of 1977, and subsequently to this
Council, whether in the opinion of said viewers any, and if any, what l.licon-
venience would result in the discontinuance of said street heretofore described
3. That on the day of 1977, Notices of the
Presenting of the Application were posted at the Court House at the Circuit
Court of the City of Virginia Beach, Virginia, and in two public places, as
evidenced by the affidavit of Donald H. Rhodes, Counsel for the Petitioners,
DES AND WATSON
attached hereto, and that the landowners along and adjacent to said street
v.......
desire and request said street to be cosed, inasmuch as the petitioners herein
are the abutting owners of all of said property.
VERONA PAVING CoRp.
JOHN ROBERT & MARY L. MORRIS
BY@
na d H. Rhodes
COunsel for Petitioners
4 2 -
El
ITEM #11184 -43-
COUNCILMAN CROMWELL LEFT CHAMBERS
On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., J. Curtis Payne, and
Floyd E. Waterfield, Jr.
City Council approved the following Bingo/Raffle permits:
Raffle Kellam High School Band Parents
Association - Renewal
Raffle Building Committee, St. Andrews
United Methodist Church - Renewal
ITEM #11185
On motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. iiolland, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen Robert B. Cromwell, Jr., J. Curtis Payne, and
Floyd E. Waterfield, Jr.
City Council approved the following tax refunds in the amount of
$82.16:
AN ORDINANCE AUT[IORIZING TAX REFUNDS Date 8-2-77
UPO',q APPLICATION OF CERTAIN PERSON'S
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYT-LENT
BE IT O.U,%INED BY THE COU&%CIL OF THE CITY OF VIRGIIZIA BEACH, VIRGISLA:
That the following applications for tax refunds upon certification of the
Treasurer are hereby approved:
')-16
TAX TYPE TICKET EXO',qER.4.- DATE
NAME YEAP OF TAX NIRIBER TIO'4 NO. PAID PENALTY INT. TOTAL
tanley Graber 1977 CD
5918 7-19-77 15.00
5919 7-19-77 15.00
5920 ?-19-77
15.00
ooperman, Lewis J. 1977 PP 19403 6-10-77 14.48
indexter, THomas W. & 1977 REI @50062- 6451 5-26--77 22.68
e-len L.
The above abatement(s) totaling
_$82.16 were approved by
the Council oF the City of Virginia
Beach on the 15 day of
V. A.Ath@ria&L", Treasurer
Approved as to form:
Richard J. bon, City Clerk
WP
'Erale Bi
m@on. Cit, AIrn
ITEM #11186 -44-
On motion by Councilman Ferrell, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Nleyera
E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: None
Absent: Councilmen Robert B. Crom,,vell, Jr., J. Curtis Payne, and
Floyd E. Waterfield, Jr.
City Council approved the following Standard Water/Sewer Agreement:
Water and Sewer Holly Square Townhouses
Virginia Beach Borough
ITEM #11187
COUNCILIAAN CRO!AWELL RETURNED TO CHAMBERS
COUNCILMAN RIGGS LEFT COUNCIL CHAMBERS
Mr. 0. L. Gilbert, Chairman of the Concerned Citizens of Virginia
Beach, appeared before Council regarding the proposed federally funded
subsidized housing. Mr. Gilbert stated that the Committee was
formed to oppose the proposed IIUD subsidized family housing.
Mr. Gilbert stated he spoke with Mr. Mooney from the School Board
and was informed that the housing will produce 262 new students for
our schools; 159 elementary students; 58 junior high; and, 45 high
school students.
Mr. Gilbert cited the following HUD guidelines:
1. Proposed homes shall be outside an impacted
area.
2. Free from adverse environmental conditions which
includes:
a. excessive noise
b. vibration
C. vehicular traffic
3. Housing shall be accessible to social, recreational
educational, commercial and health facilities and
services that are found in neighborhoods consisting
of unsubsidized housing of similar market rents.
4. Travel time and cost via public transportation or
private automobile from the neighborhood to places
of employment.
lir. Gilbert stated that he has circulated three (3) petitions
throughout Green Run opposing this matter. As of today there
are approximately 2,500 signatures on the petitions, which
Mr. Gilbert will forward to Council when returned to him.
Councilman Baum stated that several years ago Council attempted
to begin a controlled growth program, and the inain reason the
program was abandoned was because there was no public support
from any community in Virginia Beach.
@,,Iiss Mary Anne DeFir appeared before Council in favor of the proposed
federally funded subsidized housing.
Mrs. Kathleen Coward, Green Run resident, appeared in opposition to
the proposed housing.
8 / 1 57 7
ITEM #11188 -45-
Mayor Holland stated that last Friday he and the Mayors from the
Cities of Norfolk and Chesapeake held a press conference regarding
the water shortage.
ttayor llolland stated that the water situation has become critical
and the decision of the City to go ahead and put in the four water
tanks and two pumping stations and lines in order to give proper
distribution was a wise one.
Ilayor ifolland stated he would like Council to consider passing a
resolution expressing the graveness of the emer--ency situation,
which is to be forwarded to the Governor. Ile further stated that
on August 22, 1977, the City Council will discuss the ordinances
that could be enacted to prevent the nonessential use of water in
this City.
@,layor Holland stated he would encourage ho-meowners with wells instead
of City water to be conservative also as this does lower the water
table in an already drought type area.
On motion by Vice Mayor Standing, seconded by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry @IeCoy,
Jr., Councilwoman @leyera E. Oberndorf, and Vice ?.Iayor Patrick L.
Standing
Nays: None
Absent: Councilmen J. Curtis Payne, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
City Council voted to adopt the following resolution designating the
City Manager as the official authorized to contact the Office of the
Governor for purposes of implementing declarations of a local emergency
arising out of a shortage of water resources and out of a need to imple-
ment the programs for dealing with such shortage: 8/15/77
- 4 6 -
Tile (>t-,Il @'I C)- til, of Vi@inia,
in t),@-@ C(:)Lul--il. of tlie t])@@ 15th
d@iy c)f August 197V.
(11 mtir)n Iry Vice @layor-Standing Eir.Ci F3r,c,,.)TiCied I)y
Councilman Cromwell til(-, C)-Ll.c@.,,Iii,n
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