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OCTOBER 17, 1977 sa`f-AN1A•$4e5 44 CITY OF VIRGINIA BEACH 0 " � U 7 n,, „ ;�', , S MUNICIPAL•CE'NTER 'Vlc Lp di .raa estResott Cit - •-i; •• VIRGINIA BEACH, VIRGINIA 23456 qts e6 (4oUR 01'04* MAYOR CLARENCE A. HOLLAND, M.D., Bayside Borough J. HENRY McCOY, Jr., D.D.S., Kempsvzlle Borough VICE MAYOR PATRICK L. STANDING, At Large MEYERA E. OBERNDORF, At Large JOHN A. BAUM, Blackwater Borough J. CURTIS PAYNE, Princess Anne Borough ROBERT B. CROMWELL, Jr., At Large ROGER L. RIGGS, Virginia Beach Borough GEORGE R. FERRELL, At Large FLOYD E. WATERFIELD, Jr., Pungo Borough JOHN R. GRIFFIN, Lynnhaven Borough AGENDA RICHARD J. WEBBON, City Clerk THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, WILL ASSEMBLE IN THE ADMINISTRATION BUILDING, PRINCESS ANNE STATION, VIRGINIA BEACH, VIRGINIA, IN REGULAR SESSION, AT 1 :00 P.M. , ON MONDAY, OCTOBER 17, 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 JOHN A. BROWN, BAPTIST EXECUTIVE SECRETARY, 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 OCTOBER 10, 1977 TO BE PRESENTED FOR APPROVAL AND ACCEPTANCE. 7. CONSENT AGENDA: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. THERE WILL BE NO SEPERATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A. ) CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS, IN THE AMOUNT OF $13,587, TO ESTABLISH AN IN-HOUSE EXTERMINATION OPERATION FOR THE FY ENDING JUNE 30, 1978. B. ) CITY COUNCIL IS REQUESTED TO APPROVE ON SECOND READING AN ORDINANCE TO REDUCE APPROPRIATIONS TO THE PENDLETON CHILD SERVICE CENTER APPROVED REVISED TOTAL REDUCTION IN BUDGET BUDGET APPROPRIATIONS PENDLETON CHILD SERVICE CENTER $448,816 $284,947 $163,869 C. ) LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE THE FOLLOWING STANDARD WATER/SEWER AGREEMENTS: WESLEYAN TOWNHOUSES BAYSIDE BOROUGH WATER & SEWER SHIPPS BAY SUBDIVISION PUNGO BOROUGH WATER 8. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE TIDEWATER WESTMINISTER HOMES, INC./FIRST COLONIAL VILLAGE, INC. FOR WITHDRAWAL OF THEIR APPLICATION FOR A CONDITIONAL USE PERMIT FOR A 150-UNIT PRESBYTERIAN/EPISCOPAL RETIREMENT FACILITY. IF CITY COUNCIL DENIES REQUEST FOR THE WITHDRAWAL, IT IS THE RECOMMENDATION OF THE PLANNING COMMISSION FOR DENIAL OF THIS APPLICATION. CITY COUNCIL DEFERRED THIS APPLICATION FOR 60 DAYS ON AUGUST 15, 1977. 9. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF RUBY ANN DUNN FOR A CHANGE OF ZONING FROM AG-1 AGRICULTURAL DISTRICT TO B-1 BUSINESS-RESIDENTIAL DISTRICT ON A .365 ACRE PARCEL LOCATED ON THE EAST SIDE OF NORTH LANDING ROAD, NORTH OF COURTHOUSE DRIVE (PRINCESS ANNE BOROUGH) . 10. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF H. THOMAS FENNEL, JR. , JOHN PAUL C. HANBURY, AND HOLT W. BUTT, JR. , FOR A CHANGE OF ZONING FROM A-1 APARTMENT DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT ON A .5 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF GENERAL BOOTH BOULEVARD AND PROSPERITY ROAD (PRINCESS ANNE BOROUGH). 11. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR DENIAL OF THE APPLICATION OF R AND R CORPORATION FOR A CHANGE OF ZONING FROM R-5 RESIDENTIAL DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT ON A 28.57 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF PRINCESS ANNE ROAD, EAST OF PROVIDENCE ROAD (KEMPSVILLE BOROUGH) . 12. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE J. E. D. CORPORATION FOR WITHDRAWAL OF THEIR APPLICATION FOR A CHANGE OF ZONING FROM R-6 RESIDENTIAL DISTRICT TO H-1 HOTEL DISTRICT ON TWO PARCELS CONTAINING 1.9 ACRES. PARCEL 1 IS LOCATED AT THE SOUTHWEST CORNER OF CLUB HOUSE ROAD AND DUPLIN STREET, AND PARCEL 2 IS LOCATED AT THE SOUTHEAST CORNER OF CLUB HOUSE ROAD AND DUPLIN STREET (LYNNHAVEN BOROUGH) . IF CITY COUNCIL DECIDES TO CONSIDER THIS APPLICATION, IT IS THE RECOMMENDATION OF THE PLANNING COMMISSION THAT THE APPLICATION BE APPROVED. 13. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF TEMPLETON & ASSOCIATES FOR A CHANGE OF ZONING FROM A-1 APARTMENT DISTRICT TO A-2 APARTMENT DISTRICT ON A 3.71 ACRE PARCEL AND A CHANGE OF ZONING FROM A-1 APARTMENT DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT ON A 1.01-ACRE PARCEL. THESE TWO PARCELS ARE LOCATED ON THE EAST SIDE OF BAKER ROAD, SOUTH OF REGENT LANE (BAYSIDE BOROUGH) . 14. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR DENIAL OF THE APPLICATION OF JAMES E. BAYLOR, FOR A CHANGE OF ZONING FROM R-9 RESIDENTIAL DISTRICT TO A-3 APARTMENT DISTRICT ON A .85 ACRE PARCEL LOCATED ON THE WEST SIDE OF PLEASURE HOUSE ROAD, NORTH OF BRIGADOON DRIVE (BAYSIDE BOROUGH) . 15. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF MARCHUCK CORPORATION FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES ON A 5.39 ACRE PARCEL LOCATED ON THE WEST SIDE OF BAKER ROAD, NORTH OF NORTHAMPTON BOULEVARD (BAYSIDE BOROUGH). 16. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF HUDGINS AND ASSOCIATES, INC. FOR A CONDITONAL USE PERMIT FOR A DUPLEX TO BE LOCATED ON A 7,000 SQUARE FOOT PARCEL ON THE SOUTH SIDE OF 16TH STREET, EAST OF PARKS AVENUE (VIRGINIA BEACH BOROUGH). 17. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE OPEN DOOR CHAPEL FOR WITHDRAWAL FOR THEIR APPLICATION FOR A CONDITIONAL USE PERMIT FOR A CHURCH OF A 2. 11-ACRE PARCEL LOCATED ON THE NORTH SIDE OF HOLLAND ROAD, EAST OF WINDSOR OAKS BOULEVARD (KEMPSVILLE BOROUGH) . IF COUNCIL DECIDES TO CONSIDER THIS APPLICATION, IT IS THE RECOMMENDATION OF THE PLANNING COMMISSION THAT IT BE DENIED. 18. LETTER FROM THE CITY MANAGER TRANSMITTING THE RECOMMENDATION OF THE PLANNING COMMISSION FOR APPROVAL OF THE APPLICATION OF WILLIAM T. WINGFIELD FOR THE CLOSURE OF A PORTION OF SHELL ROAD (BAYSIDE BOROUGH). CITY COUNCIL DEFERRED THIS APPLICATION ON SEPTEMBER 26, 1977. 19. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL DEFER FOR TWO WEEKS A PETITION BY THE CITY FOR THE CLOSURE OF A PORTION OF GREAT NECK ROAD (LYNNHAVEN BOROUGH). 20. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE A SALES CONTRACT WITH MR. F. WAYNE MCLESKY, JR. FOR THE AMOUNT OF $155,250 FOR PROPERTY OF APPROXIMATELY 1.9048 ACRES KNOWN AS PARCEL A ON RUDEE INLET, AND APPROVE AN ORDINANCE AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTY KNOWN AS PARCEL A VIRGINIA CAPES MARINA; FURTHER, AUTHORIZE THE CITY MANAGER TO SIGN THE NECESSARY AGREEMENTS AND MAKE THE NECESSARY TRANSFER OF THE PROPERTY. 21. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL AUTHORIZE THE CITY MANAGER TO AWARD A CONTRACT TO A. STANLEY MUNDAY & COMPANY, IN THE AMOUNT OF $634,163.40, WHICH REFLECTS A DEDUCT CHANGE ORDER IN THE AMOUNT OF $45,220.60, FOR THE LASKIN ROAD WATERLINE, SECTION III (LYNNHAVEN AND VIRGINIA BEACH BOROUGHS) . DEFERRED FOR ONE WEEK ON OCTOBER 10, 1977. 22. LETTER FROM THE CITY MANAGER RECOMMENDING THAT CITY COUNCIL APPROVE AN ORDINANCE RELATING TO THE POWERS AND DUTIES OF THE CITY MANAGER BY AUTHORIZING THE CITY MANAGER TO MAKE AND EXECUTE CERTAIN CONTRACTS ON BEHALF OF THE CITY. 23. OLD BUSINESS, DEFERRED FROM THE PREVIOUS MEETING, INCLUDING ANY REPORT OF THE MAYOR OR COMMITTIES NAMED BY 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 October 17, 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, October 17, 1977, at 1 : 00 p .m. Council Members present : Robert B. Cromwell , Jr . , George R. Ferrell , John R. Griffin, 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. Council Member absent : John A. Baum ITEM #11379 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 the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 2 . Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. 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 Riggs , seconded by Councilman McCoy, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell, John R. Griffin, 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 A. Baum City Council voted to proceed into the executive session following the informal discussion. ITEM #11380 TRAFFIC IMPROVEMENTS-TIDEWATER COMMUNITY COLLEGE AREA The City Manager stated that the traffic engineer' s report stated that the traffic volumedid satisfy the minimum vehicular requirement warranted for a traffic signal . However, the number of traffic accidents over the last 12 months did not satisfy the requirement . It was suggested, however, that the speed limit be reduced from 55 miles per hour to 45 miles per hour, from Landstown Road to Corner Road. This will be taken care of immediately. 10/17/77 -2- ITEM #11331 SIMULATED DISASTER EXERCISE The City Manager stated that the City is going to work with Lee Eskey and test the City ' s prepardness in our emergency plans . The last test similar to this was in 1969 . The three ( 3) areas the Tornado would hit is the Thoroughgood area, Plaza and the Virginia Beach Dome. There will be 54 casualties , who will be transported to the nearest hospital . The hospitals will then activate their emergency plans . ITEM #11382 At 2 : 00 p .m. , City Council reconvened in the Council Chambers with the following members present : Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin , 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 . Council Member absent : John A. Baum The invocation was given by the Reverend John A.Brown Baptist Executive Secretary, followed by the Pledge of Allegiance. ITEM #11383 Council deferred one week consideration of the minutes of the regular meeting of October 10 , 1977. ITEM #11384 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, 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 A. Baum City Council voted to approve on second reading the following ordinance to appropriate additional funds, in the amount of $13 , 587, to establish an in-house extermination operation for the FY ending June 30 , 118 :17 /77 -3- REQUESTED BY: CITY MANAGER ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS TO ESTABLISH AN IN-HOUSE EXTERMINATION OPERATION FOR THE FISCAL YEAR ENDING JUNE 30, 1978 WHEREAS, the Council of the City of Virginia Beach is desirous of providing exterminating services for City properties, and, WHEREAS, the most inexpensive method of providing said service is establishing an in-house exterminating operation, and, WHEREAS, that operation will require the following appropriations: Building Maintenance Mechanic II (1) $ 7,060 Pick-up Truck (1) 4,305 Truck Maintenance Costs 527 Chemicals 375 Uniform Rentals 120 Other Equipment 1,200 TOTAL $ 13,587 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that funds totaling $13,587 be appropriated in fiscal year 1978 from the General Fund Reserve for Contingencies for the purpose of initiating an in-house exterminating operation. Balance in the General Fund Reserve for Contingencies after adjustment is $184,446. 1st Reading October 10, 1977 2nd Reading October 17, 1977 ITEM #11385 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, 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 A. Baum City Council voted to approve on second reading the following ordinance to reduce appropriations to the Pendleton Child Service Center : 10/17 /77 -4- AN ORDINANCE TO REDUCE APPROPRIATIONS TO THE PENDLETON CHILD SERVICE CENTER WHEREAS, the Virginia Beach City Council approved an appropriation of $448,816, estimated revenue of $368,351, and a local match of $25,000, for the Pendleton Child Service Center, in the Fiscal Year 1977-78 Operating Budget, and, WHEREAS, Pendleton's estimated revenues from other agencies and from fees have been reduced by $108,404, and, WHEREAS, the State Department of Mental Health and Mental Retardation has approved an award in the amount of $284,947. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Pendleton Child Service Center appropriations be reduced by $163,869, as follows: Approved Revised Total Reduction In Budget Budget Appropriations Pendleton Child Service Center $ 448,816 $ 284,947 $ 163,869 That the estimated revenue from other agencies and from fees be reduced by $108,404, and $55,465 remain in General Fund Balance. First Reading: ()ntober 10 , 1977 Second Reading: October 17, 1977 Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of October , 1977. GGD:JDB:er 10-12-77 10/17 /77 -5- ITEM #11386 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, 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 A. Baum City Council voted to approve the following Standard Water/Sewer Agreements : Wesleyan Townhouses Water/Sewer Bayside Borough Shipps Bay Subdivision Water Pungo Borough ITEM #11387 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 distance of 425.49 feet along the Northern property line, running a distance of 728.86 feet along the Western 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 BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 8 for the motion and 4 against to deny this request. It was felt that approval of this request would be an intrusion of apartments into an already established single family neighborhood. • Mr . Grover C. Wright , Jr. , Attorney , appeared regarding this matter On motion by Councilman Griffin, seconded by Councilman Riggs, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, 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 A. Baum City Council voted to permit withdrawal of the above petition 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 distance of 425 . 49 feet along the Northern property line , running a distance of 728. 86 feet along the Western 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 Borough . 10 /17 /77 -o- ITEM #11388 Petition of Ruby Ann Dunn for a Change of Zoning District Classification from AG-1 Agricultural District to B-1 Business-Residential District on certain property located on the East side of North Landing Road beginning at a point 75 feet more or less North of Court House Drive, running a distance of 65 feet along the East side of North Landing Road, running a distance of 228. 2 feet along the Northern property line, running a distance of 65. 5 feet along the Eastern property line and running a distance of 235. 53 feet along the Southern property line. Said parcel contains . 365 acre. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 13 to approve this request. For the information of the applicant, prior to the issuance of a building permit, the following will be required by the administrative staff: • 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. Mr. James Pickrell , Attorney , represented the petitioner On motion by Councilman Payne , seconded by Councilman Ferrell , and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John R. Griffin , 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 A. Baum City Council voted to approve the following ordinance upon petition of Ruby Ann Dunn for a Change of Zoning District Classification from AG-1 Agricultural District to B-1 Business-Residential District : ORDINANCE UPON PETITION OF RUBY ANN DUNN FOR A 201077285 CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 Agricultural District TO B-1 Business- Residential District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that : Petition of Ruby Ann Dunn for a Change of Zoning District Classification from AG--1 Agricultural District to B-1 Business-Residential District on certain property located on the East side of North Landing Road beginning at a point 75 feet more or less North of Court House Drive, running a distance of 65 feet along the East side of North Landing Road, running a distance of 228 . 2 feet along the Northern property line, running a distance of 65. 5 feet along the Eastern property line and running a distance of 235. 53 feet along the Southern property line . Said parcel contains . 365 acre. Princess Anne Borough. 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 _ 17th day of October , 1977 10/17 /77 ITEM #11389 Petition of H. Thomas Fennel, Jr. , John Paul C. Hanbury and Holt W. Butt, Jr. , 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 intersection of General Booth Boule- vard and Prosperity Road beginning at a point 52 feet more or less North of Prosperity Road, running a distance of 183. 61 feet along the West side of General Booth Boulevard, running a distance of 58. 80 feet along the Northern property line, running a distance of 238. 61 feet along the Western property line, running a distance of 100. 90 feet along the Southern property line and running a distance of 64 feet more or less in a Northeasterly direction. Said parcel contains . 5 acre. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: • A, motion was passed by the Planning Commission by a recorded vote of 11 for the motion and 2 abstentions to approve this request. For.the information of the applicant, prior to the issuance of a building permit; the following will be required by the administrative staff: • 1. Standard improvements:as required by the Site Plan Ordinance. 2. City water and sewer. City sewer is currently not available to the site. The developer is to connect to the central sewer at Virginia Village. Mr. John Paul Hanbury represented the petitioners On motion by Councilman Payne, seconded by Mayor Holland, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell, Jr. , George R. Ferrell, John R. Griffin, 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 A. Baum City Council voted to approve the following ordinance upon petition of H. Thomas Fennel, Jr. , John Paul C. Banbury, and Holt W. Butt, Jr. , for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-Business District : ORDINANCE UPON PETITION OF H. THOMAS FENNEL, JR. , Z01077286 A JOHN PAUL C. HANBURY, AND HOLT W. BUTT, JR. , 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 THE CITY OF VIRGINIA BEACH, VIRGINIA, that: Petition of H. Thomas Fennel , Jr. , John Paul C. Hanbury, and Holt W. Butt , Jr. , for a Change of Zoning District Classification from A-1 Apartment District to B-2 Community-Business District on certain pro- perty located at the Northwest intersection of General Booth Boulevard and Prosperity Road beginning at a point 52 feet more or less North of Prosperity Road, running a distance of 183.61 feet along the West side of General Booth Boulevard, running a distance of 58. 80 feet along the Northern property line, running a distance of 238. 61 feet along the Western property line, running a distance of 100. 90 feet along the Southern property line and running a distance of 64 feet more or less in a Northeasterly direction. Said parcel contains . 5 acres. Princess Anne Borough. 1 . Standard improvements as required by the Site Plan Ordinance . 2. City water and sewer. City sewer is currently not available to the site. The developer is to connect to the central sewer at Virginia Village. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of October , 1977. 10/17/77 ITEM #11390 Petition of R and R Corporation for Change 'of Zoning District Classification from R-5 Residential District to B-2 Community-Business District on certain property located on the South side of Princess Anne Road beginning at a point 600 feet more or less East of Providence Road, running a distance of 1325. 46 feet along the South side of Princess Anne Road, running a distance of 200 feet more or less along the South side of Salem Road, running a distance of - - - 796. 80 feet along the Eastern property line, running a distance of 1214. 93 feet along the Southern property line and running a distance of 933. 20 feet along the Western property line. Said parcel contains 28. 57 acres. KEMPSVILLE BOROUGH. Planning Commission Recommendation: 01, • A motion was passed by the Planning Commission by a recorded vote of 1.2 for the motion and 1 against to deny this request. It was felt approval of this request would encourage strip commercial development along Princess Anne Road. • Mr. J. E . Newbern appeared regarding this matter. On motion by Councilman McCoy , seconded by Councilman Ferrell , and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, Mayor Clarence A. Holland. J. Henry McCoy, Jr . , J. Curtis Payne, Roger L. Riggs , Vice Mayor Patrick L. Standing, and Floyd E . Waterfield, Jr . Nays : Councilwoman Meyera E. Oberndorf Absent : Councilman John A. Baum City Council voted to deny the above petition of R and R Corporation for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-Business District on certain property located on the South side of Princess Anne Road beginning at a point 600 feet more or less East of Providence Road, running a distance of 1325 . 46 feet along the South side of Princess Anne Road, running a distance of 200 feet more or less along the South side of Salem Road, running a distance of 796 . 80 feet along the Eastern property line , running a distance of 1214 . 93 feet along the Southern property line and running a distance of 933. 20 feet along the Western property line . Said parcel contains 28 . 57 acres. Kempsville Borough. This was denied as it was felt approval of this request would encourage strip commercial development along Princess Anne Road. 10/17 /77 III I I TEM -4T1 391 Petition of J. E.D. Corporation for a Change of Zoning District Classification from R-6 Residential District to H-1 Hotel District on certain parcels located on the South side of Club House Road. Parcel 1: Beginning at the Southwest corner of Club House Road and Duplin Street, running a distance of 270 feet more or less along the South side of Club House Road, running a distance of 185 feet along the Western property line, running a distance of 263. 34 feet along the Southern property line and running a. distance of 125 feet more or less along the West side of Duplin Street. Parcel 2: Beginning at the Southeast corner of Club House Road and Duplin Street, running a distance of 470 feet more or less along the South side of Club House Road, running a distance of 120 feet along the Eastern property line, running a distance of 421. 18 feet along the Southern property line and running a distance of 125 feet•more or less along the East side of Duplin , Street. • Said parcels contain 1. 9 acres. Plats with more detailed information are available in the Department of Planning. (Princess Anne Plaza Area). LYNNHAVEN BOROUGH. Planning Commission Recommendation: • A motion was passed by the Planning Commission by a recorded vote of 8 for the motion and 5 against to approve this request. . For the information of the applicant, prier 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. Princess Anne Utilities currently provides • sewer service to this area. 3. A planted buffer is to be provided along Club House Road and along the•bcundaries adjacent to the residential areas. • 4. The motel is to be limited to a one-story building. 5. There is to be no yearly rental of the motel units. Mr . Grover C. Wright , Jr . , Attorney, represented the petitioner On motion by Vice Mayor Standing, seconded by Councilman Riggs, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, 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 A. Baum City Council voted to permit withdrawal of the above petitionJ. Corporation for a Change of Zoning District ClassificationfromfR-6E'D. Residential District to H-1 Hotel District on certain parcels located on the South side of Club House Road: Parcel 1 : Beginning at the Southwest corner of Club House Road and Duplin Street , running a distance of 270 feet more or less along the South side of Club House Road, running a distance of 185 feet along the Western property line, running a dis- tance of 263. 34 feet along the Southern property line and running a distance of 125 feet more or less along the West side of Duplin Street . Parcel 2 : Beginning at the Southeast corner of Club House Road and Duplin Street , running a distance of 470 feet more or less along the South side of Club House Road, running a distance 10 /17 /77 -10- of 120 feet along the Eastern property line, running a distance of 421 . 18 feet along the Southern property line and running a distance of 125 feet more or less along the East side of Duplin Street . Said parcels contain 1 . 9 acres . Plats with more detailed information are available in the Department of Planning. (Princess Anne Plaza Area) . Lynnhaven Borough. ITEM #11392 Petition of Templeton & Associates for a Change of Zoning District Classi- fication from A-1 Apartment District to A-2 Apartment District on certain property located on the East side of Baker Road beginning at a point 326 feet South of Regent Lane, running a distance of 172. 74 feet along the East side of Baker Road, running a distance of 573. 04 feet along the Southern property line, running a distance of 300 feet along the Eastern property line, running a distance of 420. 40 feet along the Northern property line, running a distance of 187. 50 feet in a Southerly direction and running a distance of 207 feet in a Westerly direction. Said parcel contains 3. 71 acres. (Lake Edward North Area). BAYSIDE BOROUGH. Planning Commission Recommendation: • A motion was passed by the Planning Commission by a recorded vote of 9 for the motion, 3 against and 1 abstention 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 Site Plan Ordinance. 2. City water and sewer. 3. A revised site plan must be submitted to indicate a minimum permanent recreation space of 27, 160 square feet. 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: A dedication of right-of-way 30 feet from the centerline of the existing 30 foot right-of-way and a reservation of an additional • 3 feet along the 172. 74 foot more or less frontage on Baker Road (a 15-foot dedication and a 3-foot reservation). • _ • • • • • . - . .) • I • ;: 10/17 /.77 Mr. Ronald Spitzli represented the petitioners -11- On motion by Councilman Cromwell , seconded by Vice Mayor Standing, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John R. Griffin, 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 A . Baum City Council voted to approve the following ordinance upon petition of Templeton and Associates for a Change of Zoning District Classifi- cation from A-1 Apartment District to A-2 Apartment District : ORDINANCE UPON PETITION OF TEMPLETON & ASSOCIATES 201077287 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Apartment District TO A-2 Apartment District BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that : Petition of Templeton and Associates for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District on certain property located on the East side of Baker Road beginning at a point 326 feet South of Regent Lane , running a distance of 172 . 74 feet along the East side of Baker Road, running a distance of 573 . 04 feet along the Southern property line , running a distance of 300 feet along the Eastern property line , running a distance of 420. 40 feet along the Northern property line, running a distance of 187. 50 feet in a Southerly direction and running a distance of 207 feet in a Westerly direction . Said parcel contains 3. 71 acres . (Lake Edward North 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. 3. A revised site plan must be submitted to indicate a minimum permanent recreation space of 27, 160 square feet . 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 30 feet from the centerline of the existing 30 foot right-of-way and a reservation of an additional 3 feet along the 172 . 24 foot more or less frontage on Baker Road (a 15-foot dedication and a 3-foot reservation) . This ordinance shall be effective upon date of adoption. Adopted by the City Council on the 17th of October, 1977. 10 /17 /77 -12- ITEM #11393 Petition of Templeton & Associates for a Change of Zoning District Classi- fication from A-1 Apartment District to B-2 Community-Business District on certain property located on the East side of Baker Road beginning at a point 100 feet South of Regent Lane: running a distance of 226 feet along the East side of Baker Road, running a distance of 207 feet along the Southern property line, running a distance of 187. 50 feet along the Eastern property line and running a distance of 223. 89 feet along the Northern property line. Said parcel contains 1. 01 acres. (Lake Edward North Area). BAYSIDE BOROUGH. • Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 9 for • the motion, 3 againsi: and 1 abstention 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 Site Plan Ordinance. 2. City water and sewer. • 3. A revised site plan must be submitted to indicate a minimum permanent recreation space of 27,160 square feat. Further, this ordinance shall be effective upon satisfactory ccmpliance 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: A right-of-way dedication of ri ht-of-wa 30 feet from the 'centerline of the • existing 30 foot right-of-way and a reservation of an additional 3 feet along the 226 foot more or less frontage on Baker Road ( a 15-foot dedication and a 3-foot reservation). Mr. Ronald Spitzli represented the petitioners On motion by Councilman Cromwell , seconded by Vice Mayor Standing, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John R. Griffin, 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 A. Baum City Council voted to approve the following ordinance upon petition of Templeton and Associates for a Change of Zoning District Classifi - cation from A-1 Apartment District to A-2 Apartment District : ORDINANCE UPON PETITION OF TEMPLETON AND ASSOCIATES Z01077288 FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 Apartment District TO B-2 Community-Business District f LL/ LI/ 0i 'LL6I `aago1-00 To Aup LI aqT uo `eTuT2JTA `113Eag uTuT2JTA To 'TTD aqT jo ITounoO aqT Sg paTdopv °uoT4dop1 To a4Ep uodn anTToajja ag Iluus aouEuTpao sTus ° (uoTTunJasaa Tool--S ' puu uoT3.uoTpap Tool--gT E) pEoH aaNug uo afu4uoa; ssal Jo aaouz Tool ggg auk 2uoiu Taal S I'uoTTTppE uu To uoTTunJasaJ u puu Atm-To-4u2TJ Tool-0£ 2uT4sTxa auk To auTTaa4uao au4 uzo.xj Taal 0£ Sum-To-4 TJ To uoT3.EoTpap v • T :paTTsTlus sT uoTTTpuoo .uTmoTToJ aqT ITTun apuuz act 4ouQIITm sduu 2uTuoz aq4 uo a2uEuo TuToTTTo aqT TuuT TuEoTTddE aqT Sg oT paaa.�y puy poo4saapun sT TT puE `uoTTow sTUT uT pasoduzT suoTTTpuoo auT oT aouuTIdwoo SJo4ouIsTlus uodn anTToaTTa ag 'Tugs aouuuTpao sTUT `aagq.an3 ° 4aaj aaunbs 091 `Lg To aoEds uoT4uaaoaa TuauswJad wnuITuTuz t a4uoTpu-i oT paaTTuzgns act 4snuz uuTd aTTs pasTnaJ v °£ .Jamas pu- JaT5m AlTD ° g ° aousuTpJO uuId al-TS alp Act paaTnbaa sE s4uatuanoJdu -r prrpuu4S . T : TTiTs anT4ca4sTuTwpt au4 Act paJTnbaJ act IITm fuTmoTIoi auT ` TTuzaad 3uTpTTng u To aouunssT aqT oT aoTad ` TuioTIddt aqT To uoTTEULaoTuT auk- ao3 °u.}noaog apTsAug ° (uaay gTJoN paumpH aNui) sea Io • 1 suTu4uoo Ia3Jud pTus 'auT1 STaadoad uJagTaoN eqT f uo1E Taal 68 `Sgg To aouu sTp 2uTuunJ puu auT1 STaadoad uaaTsu3 auk 2uoTu Taal 0g 'L8I To aouu4sTp 2uTuuna 'Buil STaadoad uaau4nog aqT 2uoTu Taal LOg To eou-eTszp .uTuuna 'p13og aGTeg To apzs q_sug aql 2ucyre 1aaJ ggg To aouu4sTp u .uTuuna TuafaH To gTnoS Taal 00T TuTod t Tu 2uTuuT.ag puoH JaNug To apzs Tsug auT uo pa4too1 STaadoad uTulaao uo ToTaTsTQ ssauTsng-S4Tunuzuzo0 g-g oT ToTaTsTQ TuauzlJ dV I-y uzoaT uoTTuoTTTssuTD ToTJTs a f uzuoz To a2uuu0 aoT saTuToossy puu uoTaTdwaJ To uoTTTTad : 1-u114 `VINIJHIA `HO�l3g VINIDHIA 30 ALID 3HZ 30 `IIONIIOD 3HJ Ag GHNIVGHO ,LI 38 ITEM #11394 Petition of James E. Baylor for a Change of Zoning District Classification from R-9 Residential Townhouse District to A-3 Apartment District on certain property located on the West side of Pleasure House Road beginning at a point 100 feet North of Brigadoon Drive, runaing a distance of 100 feet along the West side of Pleasure House Road, running a distance.of 445 feet more or less along the Northern property line, running a distance of 40 feet • along the Western property line and running a distance of 435. 61 feet along the Southern property line. Said pLrcel contains . 85 acre. BAYSIDE BOROUGH. Planning Commission Recommendation: ' A motion was passed unanimously by the Planning Commission by a recorded vote of 13 to deny this request. It was felt that approval of an increase in density to that requested would set a trend toward.congestion of this area. Mr. James E. Baylor represented the petitioner On motion by Councilman Cromwell , seconded by Councilman Waterfield and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell, John R. Griffin, 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 A. Baum City Council voted to refer back to the Planning Commission the above petition of James E. Baylor for a Change of Zoning District Classifi- cation from R-9 Residential Townhouse District to A-3 Apartment District on certain property located on the West side of Pleasure House Road beginning at a point 100 feet North of Brigadoon Drive, running a dis- tance of 100 feet along the West side of Pleasure House Road, running a distance of 445 feet more or less along the Northern property line, running a distance of 40 feet along the Western property line and running a distance of 435.61 feet along the Southern property line. Said parcel contains . 85 acre. Bayside Borough . ITEM #11395 Application of Marchuck Corporation for a Conditional Use Permit for mini- warehouses on certain property located on the West side of Baker Road beginning at a point 342. 40 feet North of Northampton Boulevard, running a distance of 341. 09 feet along the West side of Baker Road, running a distance of 652. 92 feet along the Northern property line, running a distance of 722. 29 feet along the Western property line, running a distance of 113. 37 feet along the. North side of Northampton Boulevard, running a distance of 283 feet in a Northerly direction and running a distance of 623. 65 feet in a Northeasterly direction. Said parcel contains 5. 39 acres. BAYSIDE BOROUGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 13 to approve this request. • For the information of the applicant, prior to the issuance of a building permit, 'the following will be required by the administrative staff: • _ j 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3. A dedication of right-of-way 30 feet from the centerline of the existing variable right-of-way along the 341. 09 foot more or less frontage on Baker Road (a variable dedication of right-of-way as shown on the alignment plans on file in the City Engineering Division). t . 4. Median openings will not be allowed along Northampton Boulevard. 5. It will be the responsibility of the developer of this site to provide hydraulic calculations for the drainage from this site and upgrade the • downstream drainage system as necessary to handle the increased runoff. .The existing dcwnstream drainage facilities are inadequate to handle the expected runoff from this site. The ditch along the northern side of this • property is to be piped with this development. 6. All lighting is to be directed to the interior of the site and is to be shielded from adjacent pro ,erties. , n ,, - •,7 Mr. Harry Lester represented the applicant -14- On motion by Councilman Cromwell , seconded by Councilman Ferrell , and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, 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 A. Baum City Council voted to adopt the following resolution upon application of Marchuck Corporation for a Conditional Use Permit for mini-warehouse : RESOLUTION UPON APPLICATION OF MARCHUCK CORPORATION RO1077143 FOR A CONDITIONAL USE PERMIT FOR mini-warehouses : BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that : Application of Marchuck Corporation for a Conditional Use Permit for mini-warehouses on certain property located on the West side of Baker Road beginning at a point 342 . 40 feet North of Northampton Boulevard, running a distance of 341 . 09 feet along the West side of Baker Road, running a distance of 652 . 92 feet along the Northern property line , running a distance of 722 . 29 feet along the Western property line , running a distance of 113. 37 feet along the North side of Northampton Boulevard, running a distance of 283 feet in a Northerly direction and running a distance of 623. 65 feet in a Northeasterly direction . Said parcel contains 5 . 39 acres . Bayside Borough. For the information of the applicant, prior to the issuance of a build- ing 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. A dedication of right-of-way 30 feet from the centerline of the existing variable right-of-way along the 341 . 09 foot more or less frontage on Baker Road (a variable dedication of right-of-way as shown on the alignment plans on file in the City Engineering Division) . 4. Median openings will not be allowed along Northampton Boulevard. 5. It will be the responsibility of the developer of this site to provide hydraulic calculations for the drainage from this site and upgrade the downstream drainage system as necessary to handle the increased runoff . The existing downstream drainage facilities are inadequate to handle the expected runoff from this site. The ditch along the northern side of this property is to be piped with this development . 6. All lighting is to be directed to the interior of the site and is to be shielded from adjacent properties . This resolution shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of October, 1977. 10/17 /77 , 1 II - 15- ITEM #11396 Application of Hudgins and Associates, Inc. , for a Conditional Use Permit for a duplex on certain property located on the South side of 16th Street beginning at a point 250 feet East of Parks Avenue, running a distance of 50 feet along the South side of 16th. Street, running a distance of 140 feet along the Eastern property line, running a distance of 50 feet along the {� Southern property line and running a distance of 140 feet along the Western property line. Said parcel contains 7, 000 square feet. VIRGINIA BEACH BOROUGH. Planning Commission Recommendation: • A motion was passed unanimously by the •Manning Commission by a recorded vote of 13 to approve this request. For the information of the applicant, prior to the issuance of a building permit, r. the following will be required by the administrative staff: • 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. Mr. Lucian Cox, Attorney, represented the applicants 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, 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 A. Baum City Council voted to adopt the following resolution upon application of Hudgins and Associates, Inc. , for a Conditional Use Permit for a duplex: RESOLUTION UPON APPLICATION OF HUDGINS & ASSOCIATES RO1077144 FOR A CONDITIONAL USE PERMIT FOR A duplex BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that : Application of Hudgins and Associates , Inc. , for a Conditional Use Permit for a duplex on certain property located on the South side of 16th Street beginning at a point 250 feet East of Parks Avenue , running a distance of 50 feet along the South side of 16th Street , running a distance of 140 feet along the Eastern property line, running a distance of 50 feet along the Southern property line, and running a distance of 140 feet along the Western property line . Said parcel contains 7, 000 square feet . Virginia Beach Borough. For the information of the applicant , prior to the issuance of a build- ing 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 resolution shall be effective upon date of adoption . Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of October , 1977 10/17/77 -16- ITEM #11397 Application of The Open Door Chapel for a Conditional Use Permit for a church on certain property located on the North side of Holland Road beginn- ing at a point 260 feet more or less East of Windsor Oaks Boulevard, running a distance of 380 feet more or less along the North side of Holland Road, running a distance of 230 feet along the Eastern property line, running a distance of 350 feet along the Northern property line and running a distance of 315 feet more or less along the Western property line. Said parcel con- tains 2. 11 acres. (Windsor Oaks West Area). KEMPSVILLE BOROUGH. Planning Commission Recommendation: A motion was passed by the Planning Commission by a recorded vote of 11 for the motion and 2 abstentions to deny this request as there was no repre- sentative at the public hearing for this application. On motion by Councilman Ferrell, seconded by Councilman McCoy, Jr. , and by recorded vote as follows: Ayes : Councilmen Robert B. Cromwell, Jr. , George R. Ferrell, John R. Griffin, 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 : Councilman John A. Baum City Council voted to permit withdrawal of the above application of The Open Door Chapel for a Conditional Use Permit for a church on certain property located on the North side of Holland Road, beginning at a point 260 feet more or less East of Windsor Oaks Boulevard, running a distance of 380 feet more or less along the North side of Holland Road, running a distance of 230 feet along the Eastern property line, running a distance of 350 feet along the Northern property line and running a dis- tance of 315 feet more or less along the Western property line. Said parcel contains 2. 11 acres. (Windsor Oaks West Area) . Kempsville Borough. ITEM #11398 Mr. Gerrit W. Benson, Attorney, represented the petitioner On motion by Councilman Cromwell, seconded by Councilman Waterfield, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell, Jr. , George R. Ferrell, John R. Griffin, 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 : Councilman John A. Baum City Council voted to approve the following ordinance in the matter of closing, vacating and discontinuing a portion of that certain street of variable width known as Shell Road, located in the Bayside Borough; approval subject to the following stipulations: 1. The applicant must furnish evidence that he has title to the underlying fee in the street, otherwise, a non- conforming lot would be created by the closure and the applicant would not be able to use it as an extension of the proposed parking area without an agreement with the owner of the vacated section. 2. The existing southern property line of Lots 40 and 41 is to be vacated by plat recordation, if the closure is granted by City Council, in order to avoid the possibility of creating a nonconforming lot which does not meet the minimum area requirement of the CZO 3. The necessary utility easements are to be dedicated to VEPCO for the existing electric distribution lines and 6-inch gas main which are located within the area pro- posed for closure. 4. A 15-foot utility easement for the existing 6-inch force main will be required. 10/17/77 -17- ORDINANCE 0 NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS SHELL ROAD, LOCATED IN THE BAYSIDE BOROUGH, OF THE CITY OF VIRGINIA BEACH , VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED, "PRELIMINARY PLAT OF PROPOSED STREET CLOSING ADJACENT TO LOTS 40 AND 41 , SHELTON, PLACE", WHICH PLAT IS RECORD- ED IN THE CLERK'S OFFICE OF THE CIR- CUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK AT PAGE WHEREAS, it appearing by Affidavit that proper notice has been givdnl by William T. Wingfield , that he would make application to the Council of thd City of Virginia Beach, Virginia, on , 1977, to have the hdre- inafter described street discontinued, closed and vacated; and WHEREAS , it is the judgment of the Council that said street be dis- continued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: All that portion of Shell Road , situated in the City of Virginia Beach, Virginia, Bayside Borough. BEGINNING at a point at the Southwest corner of Lot 40 as shown on that "Plat of Shelton Place", recorded in the Clerk' s Office of the Circuit Court of the City of Vir- ginia Beach, Virginia, in Map Book 13, at Page 40; thence South 10°01 '06" West to a point twenty-five (25) feet North from the centerline of Shell Road; thence South- easterly following a course twenty-five (25) feet North of the centerline of Shell Road to a point at which said course intersects with the present Northeast property line of Lot 41 as extended; thence North 33°56'40" West to a point at the Southeast corner of said Lot 41 ; thence along the Southern property lines of Lot 41 and Lot 40 to the point of BEGINNING; as shown on that certain plat en- titled, "Preliminary plat of proposed street closing ad- jacent to Lots 40 and 41 , Shelton Place", dated July 28, 1977, made by James C. Hickman, C.L.S. , to which reference is hereby made for a more accurate description. 10/1X/77 -18- r -2- Said parcel of land being a portion of Shell Road as indicated on that certaih plat of property to be vacated along existing Shell Road, which plat is record- ed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book , at Page , and which is made a part hereof by reference. SECTION II This Order shall be in effect from the date of its passage. Approval subject to the following stipulations 1 . The applicant must furnish evidence that he has title to the underlying fee in the street, otherwise, a non-conforming lot would be created by the closure and the applicant would not be able to use it as an extension of the proposed parking area without an agreement with the owner of the vacated section. 2. The existing southern property line of Lots 40 and 41 is to be vacated by plat recordation, if the closure is granted by City Council , in order to avoid the possibility of creating a non-conforming ' lot which does not meet the minimum area requirement of the CZO 3. The necessary utility easements are to be dedicated to VEPCO for the existing electric distribution lines and 6-inch gas main which are located within the area proposed for closure . 4. A 15-foot utility easement for the existing 6- inch force main will be required. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of October, 1977. 10/17/77 -19- ORDINANCE APPOINTING VIEWERS WHEREAS, William T. Wingfield has given due and proper notice, in ac- cordance with the statutes for such cases made and provided that he will on ' t he 8th day of August, 1977, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below described' property and report in writing to the Council whether, in the opinion of sail Viewers, any, and if any, what inconvenience would result from the discontint-- ance of the hereinafter described portion of that certain street of variable ) width, and has filed such application with said Council . NOW, THEREFORE , be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert , George E. Tinnes , Robert J. Scott , and are hereby appointed to view the below described property and report in writing to the Council on or before , 1977, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portipn of that certain street of variable width located in the City of Virginia Be7h, Virginia, and more particularly described as follows : All that portion of Shell Road, situated in the City of Virginia Beach, Virginia, Bayside Borough. BEGINNING at a point at the Southwest corner of Lot 40 as shown on that "Plat of Shelton Place", recorded in the Clerk's Office of the Circuit Court of the City of Vir- ginia Beach, Virginia, in Map Book 13, at Page 40; thence South 10001 '06" West to a point twenty-five (25) feet North from the centerline of Shell Road; thence South- easterly following a course twenty-five (25) feet North of the centerline of Shell Road to a point at which said course intersects with the present Northeast property line of Lot 41 as extended; thence North 33°56'40" West to a point at the Southeast corner of said Lot 41 ; thence along the Southern property lines of Lot 41 and Lot 40 to the point of BEGINNING; as shown on that certain plat en- titled, "Preliminary plat of proposed street closing ad- jacent to Lots 40 and 41 , Shelton Place", dated July 28, 1977, made by James C. Hickman, C.L.S. , to which reference is hereby made for a more accurate description. 10/17177 -20- 4 -2- All the above shown on that certain plat entitled, "Preliminary plat of proposed street closing adjacent to Lots 40 and 41 , Shelton Place", dated July 28, 1977, which plat is attached hereto and made a part hereof and intend- ed to be recorded with the Ordinance closing the aforedescribed street. 10/17 /77 -21- IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH , KNOWN AS SHELL ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PRELIMINARY PLAT OF PROPOSED STREET CLOSING ADJACENT TO LOTS 40 AND 41 , SHELTON PLACE", DATED JULY 28, 1977, WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, William T. Wingfield, respectfully represents as fol- lows : 1 . That pursuant to the provisions of Section 15. 1-364 of the Code of Virginia, 1950, as amended , the Petitioner applies for the vacating, closing and discontinuance of a portion of that certain street, which is more specific- ally described as follows : All that portion of Shell Road, situated in the City of Virginia Beach, Virginia, Bayside Borough. BEGINNING at a point at the Southwest corner of Lot 40 as shown on that "Plat of Shelton Place", recorded in the Clerk's Office of the Circuit Court of the City of Vir- ginia Beach, Virginia, in Map Book 13, at Page 40; thence South 10°01 '06" West to a point twenty-five (25) feet North from the centerline of Shell Road; thence South- easterly following a course twenty-five (25) feet North of the centerline of Shell Road to a point at which said course intersects with the present Northeast property line of Lot 41 as extended; thence North 33°56'40" West to a point at the Southeast corner of said Lot 41 ; thence along the Southern property lines of Lot 41 and Lot 40 to the point of BEGINNING; as shown on that certain plat en- titled, "Premilinary plat of proposed street closing ad- jacent to Lots 40 and 41 , Shelton Place", dated July 28, 1977, made by James C. Hickman, C.L.S. , to which reference is hereby made for a more accurate description. Said parcel of land being a portion of Shell Road, as indicated on 'hat certain plat entitled, "Preliminary plat of proposed street closing adjacent to Lots 40 and 41 , Shelton Place", which plat is attached hereto and made a par . hereof, and intended to be recorded with the Ordinance closing the aforedesC ib- ed street. 2. That no inconvenience will result to any persons by reason of said closing , vacation and discontinuance of said street; and the Petitioner pray that this Honorable Council appoint Viewers as provided by law to view said ', 10/1''7 /77 -22- 1 -2- platted street proposed to be closed and to report in writing to the Council on or before the day of , 1977, as to whether in the opinion of said Viewers , what inconvenience, if any, would result from the dis- continuance and closing of this portion of said street, as herein reported and described. 3. That on the 28th day of July, 1977, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the Ci y of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced 'by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioner is fee simple owner of all land along and ad- jacent to and affected by said portion of the platted street to be closed and consequently, your Petitioner is the only landowner affected by the same. Respectfully submitted, WILLIAM T. WINGFIELD -) ,ct I/ /` E- ______ _ . By Of Counsel Gerrit W. Benson Murphy, Kent and Spinks 3284 Virginia Beach Blvd. P.O. Box 2195 Virginia Beach, VA 23452 (804) 486-6463 10 /17 /77 -23- ITEM #11399 On motion by Vice Mayor Standing, seconded by Councilman McCoy, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell, Jr . , George R. Ferrell , John R. Griffin, 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 : Councilman John A. Baum City Council voted to defer for two weeks the request of the City of Virginia Beach for the closure of a portion of Great Neck Road (Lynnhaven Borough) , to allow for the necessary legal documents for the transfer of this property to be completed. ITEM #11400 Mr. Grover C. Wright , Jr. , Attorney, represented the buyer . On motion by Councilman Riggs , seconded by Councilman Griffin , and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, 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 : Councilman John A. Baum City Council voted to approve the following Sales Contract between The City of Virginia Beach and F. Wayne McLeskey (buyer) for the purchase of a parcel of property of approximately 1 . 9048 acres, known as Parcel A on Rudee Inlet ; and authorize City Manager to execute same . The main conditions of the sale are : 1 . The property shall be used for the general public as a public accommodation and is being purchased for the development and use of a sports fishing marina, motel , and related facilities for the general public. 2 . Transfer of ownership cannot be made by Mr. McLeskey to any other party until the facilities are complete , however, he may lease the property or business for the purpose of the proposed development . 3. The time table is that the marina facilities will be substantially completed by May 1 , 1978, and shall berth and accommodate not less than 23 small vessels or less than 12 large vessels . 4. The motel and related facilities will ultimately contain at least 140 lodging units and the first 80 units should be completed by June 1 , 1979, provided, however, that there is a demand for motel units at that time . 10 /17 /77 n'.;:iSsSt.*4*•.a.;; S'S.".M..$�f:91�r".' .� -r x. -4.-..ak9fexNFTaFI"&nt"y<`^'i n.o rrM M9¢« r,.q.y;,,ny;.w...w,ge, ?Fk° .'?,a'fF$.*fid,;_`.':-.X'f+.rp+k»rir•r;..�•.ry�.r t T'tk L+iin.,ywe�...: e-k,t 5, 4,„ 1 .w....:.,....-�'.:. ,_.�,....a cam,: ....._.i'. ... - ..w . . .i. ..a ...........,.. ._. .Ara.c .>.+. ..,H — . -.w � . ... -24— • L • o SALES CONTRACT THIS AGREEMENT, made September 20, 1977, between CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (Seller) , and F. WAYNE McLESKEY, JR. , of Virginia Beach (Buyer) ; WITNESSETH THAT, Seller agrees to sell to Buyer, and Buyer agrees o buy from Seller, on the following terms and conditions, the following descri ed property, (the "property") , to wit: Parcel A (1.9048 acres) as shown on the "Plat Showing Virginia Capes Marina property of City of Virginia Beach," dated November 18, 1971, revised July 25, 1977, made by Seller's Engineering Division, Department of Public Works, herein called the plat, with the buildings, bulkheads, floating pier and other improvements thereon and all rights, privileges and appurtenances thereto. The purchase price is ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS ($155,250.00) , payable as follows: $1,000.00 deposit to be held in escrow by Seller and applied at settlement or returned to Buyer if the sale is not con- summated for reasons other than Buyer's default; $154,250.00 by cash due at settlement. 1. The physical inventory is attached as is a list of slip tenants. Seller warrants title to physical assets marked "City owned" and that leases are cancellable on 30 days notice. 2. Seller agrees to deliver at settlement a SPECIAL WARRANTY deed, and the plat in recordable form, to the property, to be prepared at Seller's expense, and, except for state seller's tax, recorded at Buyer's expense. Th deed shall contain a covenant that the property shall be for use by the general public for public accommodations including a sports fishing marina as' herein set forth. 3. Seller covenants and agrees to convey to Buyer a good and marketable fee simple title to the property, free and clear of all liens, encroachments, tenancies and encumbrances of every kind, excepting only the easements shown on the plat. If the center 10' drainage easement or the pipe therein interferes with the development and use of the property, Seller shall abandon same provided an acceptable alternate easement and drainage facility is provided by Buyer. On demand of Buyer, Seller shall abandon the westernmost 10' drainage easement and the pipe therein and relocate same within the open portion of Arctic Avenue provided same can be done at none but minimal expense and without substantial interference with access along Arctic Avenue. 4. Buyer covenants and agrees (and same shall survive settlement and not be merged therein or thereby, but shall continue until completion of the contemplated development) that: (1) The property shall be for the use of the general public as a public accommodation and is being purchased for the development and use of a sports fishing marina, motel and related facilities to accommodate the general public and not for speculation, and that until the contemplated facilities are completed, he shall retain and not voluntarily transfer his ownership interest in the property; provided, however, that he may lease the property, or parts thereof, and may encumber same, for the purpose of contemplated development and operation and (2) the property shall be developed in accord with the following time table, viz: the marina' '', facilities to provide for a first class sports fishing charter boat center shall be substantially completed by May 1, 1978 , and shall berth and accommodate not less than 23 small vessels or less than 12 large vessels, it v_. 9.-4 ::*"' ;"tcW.+.yr`w'. ;:?=A6o' -.Y t Y".'tE,,,-.,,,,c`w 3C. +sfv_..wr^- .+,r.r. ^x r+'v:^:. 'r 'tn s .r rx 4>,. y, _ t -2 5- • being recognized that cruise or tour boats and head boats may occupy more than one normal berthing space; themotel and related facilities to ulti- 1 I mately contain at least 140 lodging units consistent and compatible with II use of the marina facilities shall be completed substantially as to the first 80 units by June 1, 1979, provided that the market conditions and • the demand for motel efficiency units in the resort area of Virginia Beach, l Virginia, at the time of projected construction and completion justify such I development, if not, then upon written notice to Seller setting forth the conditions justifying delay and a projection of further construction and completion, construction thereof may be delayed accordingly. 1 5. As security for performance of the contemplated marina develop-- 1 went, Buyer shall furnish to Seller at settlement a performance bond with regulated corporate or cash security (which may be a letter of credit from I a bank) and in the event of default in performance by Buyer, after reasonable written notice, Seller may call the bond for liquidated damages and may seek ' I I further damages and/or specific performance of Buyer's obligation to perform. ' ' The amount of the bond shall be $25,000.00. 6. Buyer shall use best efforts, good faith and diligence to I obtain the necessary government permits and approvals for the contemplated development and shall perform in accord with applicable law. Seller shall cooperate with Buyer in obtaining said permits and approvals. I 7. Real estate taxes and rents shall be prorated as of settlement date and settlement shall be made at Seller's City Manager's Office, on the 17th day of October, 1977, at 3 p.m. , and time is of the essence. 8. Buyer has inspected the property and is buying same "as is" without warranty by Seller of physical condition, fitness for proposed use and navigability of the waters adjoining or adjacent to parcel "A" and unless stated herein Seller makes no warranties or guarantees of any kind whatsoever. 9. Seller shall deliver the property, and possession thereof, to Buyer at settlement in substantially the same condition as that in which it 1 now appears, normal wear and tear excepted. 10. Risk of loss or damage to the property from all perils sba11 remain on Seller until settlement. 11. Buyer shall notify the Seller, in writing, of any defects in the title to Parcel "A" or any other title related objections prior to 1 settlement. If title objections of any kind are made by the Buyer, then I settlement will be delayed for a period of thirty (30) days to allow Seller to cure such defects or objections and if defects in title or other valid I objections are not cured by the Seller then the Buyer shall be entitled to I rescind this agreement and no party shall have any further liability under ' I it. Such right of the Buyer to rescind this agreement shall be exclusive of any other right or remedy in law or equity of the Buyer. This contract shall not be voluntarily assigned by either party. t WITNESS the following signatures and seals. . [ J )7)e ..4 (sEAL) f`�"��/// F YNE McLESKEY, R. , I • CITY- OF VIRGINIA BEACH, VIRGINIA By City Manager 1 1 I -2- • 1 'NE:�!'.t�Ct.'sa�4 fit'",�k`c.fi7,a.ea�s«§ir•.,,e�— :=,w ,�q.. ...x,�fi -26- �... • (SEAL) ATTEST: City Clerk Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of October, 1977. I - Ili I • • • -3- -27- ITEM #11400(a) On motion by Councilman Riggs , seconded by Councilman Griffin , and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr . , George R. Ferrell , John R. Griffin, 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 : Councilman John A. Baum City Council voted to approve the following ordinance authorizing the conveyance of surplus property known as Parcel "A" Virginia Capes Marina: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF SURPLUS PROPERTY KNOWN AS PARCEL "A" VIRGINIA CAPES MARINA WHEREAS, the following described property was acquired by the City of Virginia Beach in connection with the Rudee Basin Project; and WHEREAS, it is the opinion of the City Council that the property is now in excess of the needs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: • That the City Manager is hereby authorized to execute a SPECIAL WARRANTY deed and convey the following described City property, to wit: • All that certain parcel of land situate in the Virginia Beach Borough of the City of • Virginia Beach, Virginia, containing 1.9048 acres and designated as Parcel "A" on that certain plat entitled "Plat Showing Virginia Capes Marina Property of City of Virginia Beach, Virginia, Virginia Beach Borough," dated November 8, 1971, revised July 25, 1977, prepared by Engineering Division of the Department of Public Works, attached hereto and made a part hereof. Together with the buildings, bulkhead, floating pier and other improvements thereon and all rights, privileges and appurtenances thereto expressly reserving unto the Grantor, those certain drainage easements and the drainage facilities therein as shown on said plat. IT BEING the property acquired by the Grantor by deed of the Rudee Inlet Authority, dated November 1, 1966, recorded in Deed Book 989, at Page 39; by deed of Joseph D. Parrish, unmarried, dated April 12, 1967, recorded in Deed Book 1009, at Page 91; by deed of George E. and Sarah S. Flora, dated July 17, 1967, recorded in Deed Book 1014, at Page 748; by deed of Rollman Corporation, dated March 12, • 1975, recorded in Deed Book 1480, at Page 602, and by closure of a portion of Arctic Avenue by ordinance adopted by the Council of the City of Virginia Beach, on March 22, 1976. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of October , 1977. 10/17/77 ',,.- ft 3'•'.:....„fg429A8*4":a4t1 Af.1,".i '"ifta Tree011,qeb`"4`...a•0••;V043*,X":,•."'.0 -.fi47.,W-Vn i, 4 -a. v".•- .. _44.4. •;tT a•av,,;..w.e*u`iA r,--0 '-,IteY,:", r ::.VOrs'` "as•:w+ 7e 1E'41" ' ti l rt .... ...,, ,..�, t. ,t. �.,.�., ..� a•c.:�. >-..,.. _...'.•t-. �.':. - '_- .. .�,.a _. .,. „ ,..y -2 8- • 1 \ - - ' - It —— - V_,___-... ----'''.--- PA' ii I \-----• - --ALI, • >4- . \ lipG pVE o ------- %.4 _ 4o a I v•t ' i , —tiTy 'Tr•�' r o � • o 111‘ \ss,,. ( 1 r• r.-T1-.1 r r I 1 � (ij` 1 rl.• t • C 1 rt_t t N ` • r r L r • r nn r L n t t M ` ,V r r N7 IP ._baJ J I NP � WE' e . � .;� 1111*\ FIG •%x ,nor ►• IA 2 *......**...S/ c e i ,j1(0..'ff..• .73 ../....... a AIL-NC1G • Al \: tO ::\ \11:::::\,............ Irl fn ,, SOC:$2 � E I � 7. 23 rn fn ,�� ip ' Vis': _ 3. C-.. to q .. -1 to 14r :r' vt =% 01 • WO!, • ��• t • t: 1 • ITEM #11401 -29- The following appeared in favor of the proposed bid : Mr. F. Reid Ervin Mr. Tazewell Huburt On motion by Councilman Payne , seconded by Councilman Griffin , and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, 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 : Councilman John A. Baum City Council approved the low bid of A. Stanley Mundy , in the amount of $634, 163. 40, for the Laskin Road Waterline, Section II . ITEM #11402 On motion by Councilman Ferrell , seconded by Vice Mayor Standing, and by recorded vote as follows : John Councilmen Robert B. Cromwell . Jr . , George H. Ferrell , R. Griffin , 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 : Councilman John A. Baum City Council voted to approve the following ordinance relating to the powers and duties of the City Manager by authorizing the City Manager to make and execute certain contracts on behalf of the City : 10/17 /77 ' -30- AN ORDINANCE RELATING TO THE POWERS AND DUTIES OF THE CITY MANAGER BY AUTHORIZING THE CITY MANAGER TO MAKE AND EXECUTE CERTAIN CONTRACTS ON BEHALF OF THE CITY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Except as otherwise provided by law, charter or ordinance, the City Manager is authorized to make and execute, during the ordinary course of business, within the limitations of the appropriation ordinance for any year, all contracts on behalf of the City and such other contracts as may be authorized by the City Council. Such contracts shall be approved as to availability of funds by the Director of Finance and as to form by the City Attorney and, where necessary, attested by the City Clerk. Adopted by the Council of the City of Virginia Beach on the 17 day of October , 1977. JDB:er 3-25-77 10-4-77 10-12-77 10/17 /77 -31- ITEM #11403 Councilman Cromwell stated that there was an article in the newspaper which the headlines read "Council ignores Church's plea. " Mayor Holland stated that Council had listened attentively for over an hour and did not , as the paper stated, ignore the church or the persons appearing regarding this matter. ITEM #11404 Councilman Cromwell stated that the recent article in the newspaper regarding the election of Mayor concerned him greatly . This matter was in our province and should not be brought up as a campaign issue. Councilman Cromwell suggested the candidates running for the General Assembly pay more attention to the issues that face all of Virginia rather than attempt to run the Virginia Beach City Council. Councilman Cromwell further stated that he would like to see each Delegate running for the General Assembly address the issue, and take a public stand on collective bargaining. ITEM #11405 On motion by Councilman McCoy , seconded by Councilman Waterfield, and by recorded vote as follows : Ayes : Councilmen Robert B. Cromwell , Jr. , George R. Ferrell , John R. Griffin, 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 A. Baum City Council voted to approve a correction to the minutes of the special meeting of September 29 , 1977, regarding the bonds . Mr. Riggs name was inadvertently left out . ITEM #11406 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by acclamation, the meeting adjourned. Richard J.�VVhbbon, City Clerk Mayor Clarence A. Holland, M.D1 City of Virginia Beach, Virginia October 17, 1977 d 10/17 /77