JANUARY 14, 1974
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEAC]I, VIRGINIA
January 14, 1974
The regular meeting of the Council of the City of Virgiiiia Beach,
Virginia, was held in the Council Chambers in the Administration
Building in the Borough of Princess Anne, on Monday, Jariuary 14,
1974, at 2:00 p.m.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Councilmen absent: George R. Ferrell
The invocation was given by the Reverend John P. Moody, Evangelical
Community Church, Virginia Beach, Virginia.
ITEM #6686
On motion by Councilman Payne, seconded by Councilman Isdell,
n@,i '-, iecorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the Minutes of the regular, meeting of
January 7, 1974, and dispensed with the reading of said
Minutes inasmuch as each Councilman had a copy of the subject
Minutes before hini.
ITEM #6687
Councilman Waterfield stated las I was not here on January 7, 1974,
for the voting of the Charter Change On the extensioii of bonding
limitations, and as I represent the whole Citv, as such, being a
representative of the Pungo Borough; the majority of the people in that
area asked me to voice my opinion, which is a nQ vote on the Charter
change on the extension of bonding limitations.
ITEM #6688
on motion by Councilman Callis, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Crbmwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner,- Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following Resolution regarding the
Equal Rights Ainendment and requested it be sent to the General
Assembly of Virginia:
RESOLUTIOII IIT -@UPPOTIT OF RATI.PICATION OF TH.E
EQUAL RI'IHTS A-,LEND@l@NT
I-IHEqF-kS, equality of le-al ri.-hts re.,ardless
of sex is a Conoept of elementary human justice,
and,
WHEREAS, an Amendment to the Constitution
of the United States requirin@.r that "Equality
of-ri.@hts under the law shall not be der-ied or
abrid,.ed by the United S-@ates or by any State
on account o@- sex" has been approved by the
Con,ress and uill be Dreserted to the Vir.,inia
General Assembly for ra-uifica@n in 1974, it
is therefore
RESOLV-PD, that the City Council of Virinia
Beach ur.-es the Vir.,inia General Assembly to
ratify @Tithout delay -Uhe proposed 27th "Equal
Ri.-hts" amendment to the Constitu-uion of the
United States.
Date:
Si.@nature
I 1 @, b 6 'l-@'J
Vice Mayor Ervin stated the question had been raised, primarly
with Comniunity Services on staff review. Are we close to
the Poirit where the analvsis of water and sewer availability
caii be expressed in terms of pipe size, current flow, and the
available capacity in the line?
Mr. Carrington stated that they were working on that and right
now they are able to get whether or not sewer is available, but
have not-been able to get sewer capacity or water capacity at
this stage. There is a drainage study which we feel is going
to give us vital information in connection with applications
and also there is a water and sewer study underway.
Mr. Carrington further stated that at this moment he did not
know how soon and how detailed that information will be, and
informed Council he will give them a report as soon as possible.
Petition of Broyles, McKenry, rorry and Dills for a Chanqe of 7onin(i District
Classification from @-I ,.Darl@Mnt District to F-4 Pesor-t Co @n@ia@l r,, s@rict on
certain prooerty beginninq at a Point f@et rore or less West of Pacific Pvenue,
running a distance of 12-,-) feet along the "'orth sidip of 35th Street, runninq a dis-
tance of 150 feet alonq the last side of Sea Pines, running a dis'ance of 125 feet
along the @,orthern i)roperty line and running a distance of 150 f(.,et alonq the
Eastern property line. Said parcel is known as Lot J, Plat of Sea Pines-and con-
tains 18,750 square feet. VIRGI@IIA BEACti BOROUGH.
Planri;,., (!ounision Recomnendation:
A motion was passed by tpic Planning Commission to modify this petition to A-2
Apartment District rather ttiari B-4 Pesort Commercial District as requested sub-
ject to the following requirements of the administrative staff for the information
of the applicant:
1. Site improvements and dedications will be required in accordance with the
Site Plan Ordinance. (Engineering)
2. Recommend that t@te applicarit be required to participate in school site
purchase in the amoutit of S856.64; this figure is based on the construction of 16
apartment units and may be adjusted at the time the Building Permit is issued to
reflect any cl)ar,,gos.
3. Dedication of right of way 25 feet from the centerline of the existing
30-foot right of way along the 150-foot more or less frontage on Sea Pines Road
(10-foot d-.dicatio@i). (Deal Estatp)
Mr. M. H. Dill, Attorney, represented tlie applicants, requesting
deferral.
Mr. Sam Houston appeared in opposition to the @pplication.
On motion by Councilman Callis, seconded by Councilman Isdell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. l@eid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Witterfield, Jr.
Nays: None
Absent: Councilnian George R. Ferrell
City Council deferred for thirty (30) days the above petition of
Broyles, NlcKenry, Gorry and Dills for a Change of Zoning District
Classification from A-1 Apartment District to B-4 Resort Commercial
District on certain property beginning @tt a point 12S feet more or
less West of Pacific Avenue, runniiig a (tistance of 12S feet along
the Nortli side of 35th Street, running @i distance of 150 feet along
the East side of Sea Pines, running a distance of 12S feet along the
Nortliern property line aiid running a distance of 150 feet along the
Eastcrn property line. Said parcol is kiiown as Lot J, Plat of Sea
Pines aiid contaiiis 18,750 square feet. Virginia Beach Borougli.
ITEM #6690
Petition of T. E. flurley for a Chan(in of 7oring -'istrict Classification from
R-6 Residential District to r@.-4 @r)artrrent @,,istrict on c@rtain pro,,)-rty )ocated on
the East side (if !,att Lane and at tlie "astern extremity of Carden ,@rive, running a
distance of 137.40 feet alotiq t@e East side of taatt Lane, running a distance of
133.56 feet along the iorthern pror)erty line, runnin(i a distance of 1,17.42 felt
along the r-astern property line an8 runnina a distance of 135-60 feet along the
Southern property line. Said narcel contains 19,500 square feet @nore or less, and
Is known as "Unnuribered Parcel', Plat "A" of Additional Lots, West Oceana Gardens.
(West Oceana Gardens Area). LY@i.@!HAVE'@ BOROUGII.
Planning Commission Recommendation:
A motion was passed by the Planninq Comission for denial of this request as the
proposed c@iange of zoninq represents spot zoning in the area and due to the fact
that tiiis property is located in C@IR lloise Zone 3.
Mr. Brent Basnight, Attorney, represented the applicant
on motion by Vice Mayor Ervin, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council denied the above petition of T. E. Hurley for a
Change of Zoning District Classification from R-6 Residential
District to A-4 Apartment District on certain property located
on the East side of Matt Lane and at the Eastern extremity of
Garden Drive, running a distance of 137.40 feet along the East
side of Matt Lane, running a distance of 133.56 feet along the
Northern property line, running a distance of 137.42 feet along
the Eastern property line and running a distance of 135.60 feet
along the Southern property line. Said parcel contains 18,500
square feet more or less, and is known as "Unnumbered Parcel,
Plat "All of Additional Lots, West Oceana Gard6ns." (West Oceana
Gardens Area). Lynnhaven Borough. The petition was denied as
the proposed change of zoning represents spot zoning in the area
and due to the fact that this property is located in CNR Noise
Zone 3.
ITEM #6691
Petition of Grayson M. @,!Ititehurst, Jr. (Fralin P, Waldron, Inc.) by rrover C. Wrinht,
Jr., Attorney, for a Chanqe of Zotii.,iq listric@,@ Classification from R-4 Residential
District to 11-1 Offic-e- i@tr-iTt-6n@c r-fifr-,,
't a point 1300 feet
more or less @iortit of !Iill-O-I!isp ;-)rive, a.-,d f,@0-f,@t East of First colonial Road.
running a distance of 42@@.7@' feet along t!,,, @:ort@iern proiierty line, ruiining a dis-
tance of 400 feet along the Fasterii oroperty lirie and running a distance of 529.72
feet alona the Southern proder',y line and runni!in a distance of 4()0 feet along-the
@lestern property line. Said parcel coii@@ai;is 4.,') acrps. (General llospital of
Virginia Geach Area). LYi@fil!AVEi
Planninq Corinission Recomendation:
A niotion tias passed by ttie Plinninq Coi.Tnissioi) for approval of tiiis request subject
to the followinl requirefients of @@lie adriiiiistrative staff for thi,information of
the applicant:
1. Site improvenicnts and dedicatioris V/111 be required in accordance with the
Site Plan Ordinance to include:
a. a pave@ient widtli of 36 feet and storm drainane as necessary alonq the
frontage of tfie prol,,OSO(l CO-foo'k. (ledicatc@d rir,,@ of @.,,ay.
b. a fullv iriproved ')',)-fool@ ri,@@it of tiay wit@l a 36-foot roadk,,ay
section is to 1)(, cf)iislrtict(,d frct@-, @.-ir,t Col(@;li,!] ;-oid t,,,) t@ic (,as'L,(Irn propr,,rty (,f
this si-Le.
;iv-,iila!,Ip on F irst rol@),iial "Gad; I)ro rata co?itrl-
@'u@)lic ',till lli"S)
t @r
Mr. Grover C. Wright, Jr., Attorney, represented the elpplicant,
and stated the applicant has a certificate of need frc@m the
Board of Health.
On motion by-Councilman Gardner, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following Ordinance upon petition of
Grayson M. Whitehurst, Jr. (Fralin and Waldron, Incorporated)
for a Change of Zoning District Classification from R-4
Residential Distric ce District'.
ORDINANCE UPON PETITION OF Z174002
GRAYSON M. WHITEHURST, JR.
(FR-ALIN & WALDRON, INC.)
FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION
FROM R-4 Residential
District TO 0-1 Office
District
Be it ordained by the Council of the City of Virginia Beach, Virginia:
Petition of Grayson M. Whitehurst, Jr. (Fralin and Waldron, Inc.) for
a Change of Zoning District Classification From R-4 Residential
District to 0-T-Office Dis ct on certain property beginning at a
point 1300 feet more or less North of Will-O-Wisp Drive, and 400
feet East of First Colonial Road, running a distance of 422.72 feet
along the Northern property line, running a distance of 400 feet
along the Eastern property line and running a distance of 522.72
feet along the Southern property line and running a distance of
400 feet along the Western property line. Said parcel contains
4.8 acres. CGeneral flospital of Virginia Beach Area). Lynnhaven
Borough.
Approval is subject to the following stipulations:
1. Site improvenients and dedications will be required in
accordance with the Site Plan Ordinance to include:
a. A pavement width of 36 feet and storm drainage as
necessary along the frontage of the proposed 60-foot dedicated
right of way.
b. A fully improved 90-foot dedicated right of way with a
36-foot roadway section is to be constructed from First Colonial
Road to the eastern property of this si.te. (Engineering)
2. 16" water and 15" sewer available on First Colonial Road;
pro rata contribution toward enlar,,ing pump station is required.
(Public Utilities)
3. City water and sewer. (Health)
ITEM #6692
Petition of Colonial Investors, a Partnershio by -Ilionas C. Broylc!s, Attorney, for
a Chanqe of i--oninq District Classification froii P,-,l 11 'esidential P@istrict to 0-1
Of ic@e 'ii t@ict-or,. @ertain pr"c.,rty locat'd at the Sout!least corner of 'vlill-O-Wisp
Drive and First Colonial ll.oad, running a distance of 409.63 feet along the @@ast
side of Fi@rst Colonial Road, running a distaice of 591.32 feet alona the South
side of 'Jill-0-tlisp t'rive, ruti!iir)q a distanc-L of '@41.71 feet alonci ihe Eastern
property line and rurininq a distance of J73.47 feet alon(] tile .':Drih side of Wild-
wood Drive. Said parcel contains 6.73 acres. (General Hospital of Virginia Beach
Area). LYNNIIAVEN BOROUGli.
Planning Comission Recomrendation:
A motion was passed by the Planning rom-mission for approval of this request subject
to the followinl requiremnts of the adniinistrative staff for the information of
the applicant:
1. Site im'Drovements and dedications will be required in accordance with the
Site Plan Ordinance. (Enqineering)
2. City water and sewer. (Health Department)
Mr. M. H. Dill, Attorney, represented the applicant.
On motion by Vice Mayor Ervin, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following Ordinance upon petition of
Colonial Investors, a Partnership for a Change of Zoning District
Classification from R-4 Residential District to 0-1 Office
District:
AN ORDINANCE UPON PE'RITION OF Z174003
COLONIAL INVESTORS, A PARTNER-
SHIP FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM
R-4 Residential District TO
0-1 Office District
Be it ordained by the Council of the City of Virginia Beach, Virginia.
Petition of Colonial Investors, a Partnership by Thomas C. Broyles,
Attorney, for a Chan,e of loning Di s r C Classification from R-4
Residential Distr ict to O_l Offi, @ Di-littict on certain property
located at the Southeast corner of Will-O-Wisp Drive and First
Colonial Road, running a distance of 489.63 feet along the East
side of First Colonial Road, running a distance of 591.32 feet
along tlie South side of Will-O-Wisp Drive, running a distance
of 541.71 feet along the Eastern property line and running a
distance of S73.47 feet along the North side of Wildwood Drive.
Said parcel contains 6.78 acres. (General tiospital of Virginia
Beach Area). Lynnhaven Borough.
Approval is subject to the following stipulations:
1. Site improvements and dedications will be required in
accordance with tlie Site Plan Ol,diiiance. (Engineering)
2. City water and sewer. (Healtlil)
ITEM #6693
Petition of Hado ')evelot)ment Corp. (Harold W. James, Jr.) by James A. Evans,
Attorney for a Chanqe of 7oning District Classificatio-.i from A-1 Apartment Dis-
trict to B-2 Co@,l@ty istrict-on cortain-@@n-rty beqinning at a noint
404 feet more or less East of Gary Street and 159 feet iiortti of Virginia Beach Boule-
vard, runninq a distance of 279 feet along the Southern property line, running a
distance of 1450 fcet more or less alonl tlie I'lestern property lille, running a dis-
tance of 310 feet ir-ore or less along the South side of Old Virginia Beach Road,
and running a distance of 1399 feet alonq the Eastern proporty line. Said parcel
Is knotin as part of Lots 36 and 27, Plat of Oceana Cardens, excluding a parcel
205 feet by 105 feet of Lot 36, and contains 9 acres more or less. Plats with more
detailed infomation are available In the Departmnt of Planning. (Oceana Area).
LYt,'NHAVErl BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission for aoproval of this request sub-
ject to the following requirements of the administraiive staff for the information
of the applicant:
1. Site lmprovenents and dedications will be required In accordance with the
Site Plan Ordinance. (Enqineering)
2. 12" water line is located on Virqinia Beach Boulevard; sewer system is now
being designed by tile City; pro rata contribution in excess of line fees shall be
required of develoder. (Public I.Jtili'Llies)
3. @dication of rioht of way 25 feet from the ceriterline of the existing
40-foot riaht of way alona tt-,e 310-foot more or less frontaqe on Old Virginia
Beach Road (5-foot dedicaiion); also a dedication of rici!it o'f way 45 feet from
the centerline of tlie existing 80-foot right of way alonq the 279-foot wre or
less frontage on Virginia Beacii Boulevard (a @.,-foot dedication). (Real Estate)
4. City v.,ater and sewer. (ileal tii)
5. This tract cuts across two natural floodways; the area below the four-foot
contour is swamp and/or marsh; the area between the four and eight foot (some areas
10) contours consists of sloping highly erodible soils. (Soil Conservation)
Mr. James A. Evans, Attorney, represented"the applicant.
Mayor Cromwell stated he was abstaining as at one time he was one
fourth owner of tile property.
On motion by Councilman Malbon, seconded by Councilman Waterfield,
and by recorded vote as follows:
Councilman Baum stated he would like Mr. Fleming to give, in the
near future, a report on the status of the Master Drainage Plan.
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Erviii, Charles W. Gardner, Clarence A. Holland, Garland L.
Isdell, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Mayor Robert B. Cromwell, Jr.
Absent: Councilman George R. Ferrell
City Council approved the following Ordinance upon petition of
Hado Development Corporation (Harold James, Jr.) for a Change
of Zoning District Classification from A-1 Apartment District
to B-2 Community Business District:
AN ORDINANCE UPON PETITION OF Z174004
HADO DEVELOPMENT CORPORATION
(HAROLD JAMES, 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, VirginiLl:
Petition of Hado Development Corporation (Harold W. James, Jr.) by
James A. Evans, Attorney, for a Change of Zoning District Classificatl'-,-;
from A-1 Apartment District to B-2 Community Business District on
certain property beginning at a point 404 feet more or less East of
Gary Street and 1SO feet North of Virginia Beach Boulevard, runnin@a
distance of 279 feet along the Southern property line, running a
distance of 1450 feet more or less along the Western property line,
running a distance of 310 feet more or less along the South side of
Old V'Irginia Beach Road, and running a distance of 1399 feet along
the Eastern property line. Said parcel is known as part of Lots 36
and 37, Plat of Oceana Gardens, excluding a parcel 205 feet by 105
feet of Lot 36, and contains 9 acres more or less. Plats with more
detailed information are available in the Department of Planning.
(Oceana Area). Lynnhaven Borough.
Approval is subject to the following stipulations:
1. Site improvements and dedications will be required in
accordance with the Site Plan Ordinance. (Engineering)
2. 12" water line is located on Virginia Beach Boulevard;
sewer system is now being designed by the City; pro rata
contribution in excess of line fees shall be required of
developer. (Public Utilities)
3. Dedication of right of way 25 feet from the centerline of
the existing 40-foot right of way along the 310-foot more or
less frontage on Old Virginia Beach Road (5-foot dedication);
also a dedication of right of way 45 feet from the centerline
of the existing 80-foot right of way along the 279-foot more or
less frontage on Virginia Beach Boulevard (a 5-foot dedication)
(Real Estate)
4. City water and sewer. (Health)
S. This tract cuts across two natural floodways; the area
below the four-foot contour is swamp and/or marsh; the area
between the four and eight foot (some areas 10) contours
consists of sloping highly erodible soils. (Soil Conservation)
ITEM #6694
Application of Hado Cevelonmnt Corp. (liarold W. Ja,,@.s, Jr.) by lames A. Evans,
Attorney, for a Condil@iorial Us(, Pemit for bulk storace yard (mini warehouses) oti
certain propertit n@ntTn@9 a@-@ point 404 fe@t mom. or' less East of Cary Street,
running a distance of 279 feet more or less along thc- '@Jorth side of Virginia Beacil
Boulevard, running a distance of 1C)OO feet more or less alonq the Western propert@i
line, running a distance of 311 f(-,et more or less along the South side of Old
Virginia Beach Road. running a distance of 1549 feet alona the Eastern property
line. Said parcel is known as Lot 27 and part of Lot 36, Plat of Oceana Gardens,
excluding a parcpl 205 feet by 105 feet of Lot 36. The total parcel contains 10
acres inore or less. Plats with more detailed informatiori are available in the
Department of Planning. (Oceana Area). LY";,'IiAVC',.'@ BOROUG,4.
Planning Commission Recorunendation:
A mtiontqas passed @y the Planning Commission for approval of this request sub-
ject to the following:
1. Screening and fencing shall be provided alon all property lines as
determined by the Deoartnent of Planning. (Planning3
2. Site Plan shall '.e revised to eliminate parking or structures with the area
below the 8-foot contour as delineated on the City topo map. (Planning)
3. Site imdrovem@nts and dedications will be required in accordance with the
Site Plan Ordinance.
a. No structures will be built below the existinq 8-foot contour. Any
proposed filling of this si-e is to be reviewed @y the Weilands Board, the City
of Virginia ieach, and all other Pertinent aqencies as anplicable.
b. If tfiis site is approved for constructions, an adequately sized drain-
age easement as deterpiined during the site plan review shall be dedicated to the
City of Virginia Beach and culverts shall be sized based on future run-off co-
efficients of all upstream drainage.
c. An access road with a cul-de-sac off of Virqinia Beach Boulevard
approximately 120-feet will be required for the existing houses on the east of
this site. (Engineering)
4. Dedication of right of way 45 feet from the centerline of the existing
80-foot rigilt of viay alonq the 279-foot more or Icss frontane on Virginia Beach
Boulevard (5-foot dedication); and a dedication of riqht of way 25 feet frgm ttie
centerline of the existing 4,1-foot rioht of -.iay alone the 310-foot r,,,ore or less
frontage on Old Virginia Beach Road (@@-foot dedicatioii). (P@eal Estate)
5. Dedication of a 50-foot by 50-foot puinp station site location to be
detemined on the site plan. (Real Cstat-.) 1
6. 12" water line located ori Virgiiiia Beach Boulevard; no existing gravity
sewer; proposed sewer currently under design. (Public Utilities)
7. City water and sE'vi('.r. (Healtli)
8. Tliis tract cuts across two natural floochiays-. tlie area below the four-fool@
contour is sv4anp and/or r@tars@i; tlie area bt,.twecn t@iE, four and eight (some areas IC,)
contours consists of slor)ing Iiighly erodible soils. (Soil Conservltion).
Mr. James A. Evans, Attorney, represented the applicant.
On motion by Councilman Malbon, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor
F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, Garland L.
Isdell, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, ;I,.
Nays: None
Abstain: Mayor Robert B. Cromwell, Jr.
Absent: Councilmen George R. Ferrell
City Council adopted- the following Resolution upon ap@lk,,ication
of Hado Development Corporation (Harold W. James, Jr.) i - a
Conditional [Ise Ileriiiit for bulk stor@tge yard (mini warehouses):
A R.ESOLUTION UPON APPLICAI'ION
OF HADO DEVELOP@IENT CORPORATION R174001
(HAROLD W. JANIE@S, JR.) FOR A
CONDITIONAL USE PERMIT for
bulk storage yard ( mini ware-
houses)
Be it ordained by the Council of the City of Virginia Beach, Virginia:
Application of Hado Development Corporation (Harold W. James, Jr.)
by James A. Evans, Attorney, for a Conditional Use Permit for bulk
storage yard (mini warehouses) on certain property beginning at a
point 404 feet more or less East of Gray Street, running a distance
of 279 feet more or less along the North side of Virginia Beach
Boulevard, running a distance of 1600 feet more or less along the
Western property line, running a distance of 310 feet more or less
along the South side of Old Virginia Beach Road, running a distance
of 1549 feet along the Eastern property line. Said parcel is known
as Lot 27 and part of Lot 36, Plat of Oceana Gardens, excluding a
parc6l 205 feet by 105 feet of Lot 36. The total parcel contains
10 acres more or less. Plats with more detailed information are
available in the Department of Planning. (Oceana Area). Lynnhaven
Borough.
Approval is subject to the following stipulations:
1. Screening and fencing shall be provided along all property
lines as determined by the Department of Planning. (Planning)
2. Site Plan shall be revised to eliminate parking or structures
with the area below the 8-foot contour as delineated on the City
topo map. (Planning)
3. Site improvements and dedications will be required in
accordance with the Site Plan Ordinance.
a. No structures will be built below the existing 8-foot
contour. Any proposed filling of this site is to be reviewed
by the Wetlands Board, the City of Virginia Beach, and all other
pertinent agencies as applicable.
b. If this site is approved for constructions, an adequately
sized drainage easement as determined during the site plan review
shall be dedicated to the City of Virginia Beach and culverts shall
be sized based on future run-off co-efficients of all upstream
drainage. I
c. An access road with a cul-de-sac off of Virginia Beach
Boulevard approximately 120-feet will be required for the
existing houses on the east of this site. (Engineering)
4. Dedication of right of way 45 feet from the centerline of
the existing 80-foot right of way along the 279-foot more or
less frontage on Virginia Beach Boulevard (a S-foot dedication);
and a dedication of right of way 2S feet from the centerline of
the existing 40-foot right of way along the 310-foot more or less
frontage on Old Virginia Beach Road (5-foot dedication).
(Real Estate)
S. Dedication of a SO-foot by SO-foot pump station site location
to be determined on the site plan. (Real Estate)
6. 12" water like located on Virginia Beach Boulevard; no
existing gravity sewer; proposed sewer currently under design.
(Public Utilities).
7. City water and sewer. (Health)
8. This tract cuts across two natural floodways; lie area below
the four-foot contour is swamp aiid/or marsh; the aiea between the
four and eiglit (some areas 10) contours consists of sloping
highly erodible soils. (Soil Conserv@ition)
ITEM #6695
@'plication of Sidne @eale f6r -a "o,@litio, al !q
y r-er--i-t- to ot)erat@, a k,7,.nnel on cer-
tain prop,,rty beqinninq at a Point*-Si-,-@(,,-f,,-(Tt7r]-ort@ or less Sout!@ of So-j@'@ Stowe road,
running a distance of 210 feet along t!ie liest si@,e of Priiicoss r@@oad. runn-
ing a distance-of 42.) feet alone the Soutliern pronerty line, ru'n'ninn a distance
of 210 feet alonq the Western pr'operty lint- and running a distance of 420 feet
along the @iorthern property line. Said parcel contains ? acrps nore or less.
PU,",IGO BOROUGH.
Planning Commission Recomrrendation-
A motion was passed by the Planning Corimission for approval of this request sub-
ject to the following:
1. No portlon of the structure shall be within InO ffet of anv property line
and at least I off-street parking space shall be provided for each-4,nO square feet
of kennel floor area as ror,,uired In t;le Co,,.nreh(,nsive Zoninq ')rdiiiance.
2. 'io more tiian 15 doas siiall be hoijsfd i,' the facility at arly time.
Mr. Sidney Beale appeared for the applicatiorl.
On motion by Councilman waterfield, seconded by Councilman Isdell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert ii. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council adopted the following Resolution upon application of
Sidney Beale for a Conditional Use Permit to operate a kennel:
A RESOLUTION UPON APPLICATION R174002
OF SIDNEY BEALE FOR A CONDI-
TIONAL USE PERMIT to operate
a kennel
Be it ordained by the Council of the City of Vi;ginia Beach, Virginia:
Application of Sidney Beale for a Conditional Use Permit to operate
a kennel on certain property begin et more or
less South of South Stowe Road, ru nce of 210 feet along
the West side of Princess Anne Roa , running a distance of 420 feet
along the Southern property line, running a distance of 210 feet
along the Western property line and running a distance of 420 feet
along the Northern property line. Said parcel contains 2 acres
more or less. Pungo Borough.
Approval is subject to the following stipulations:
1. No portion of the structure shall be within 100 feet of
any property line and at least I off-street parking space
shall be provided for each 400 square feet of kennel floor
area as required in tlie Comprehensive Zoning Ordinarice.
2. No more than 15 dogs shall be housed in the facility at
any time.
ITEM #6695 (a)
Councilman Baum requested the City Attorney to prepare a p _,2 for
the CZO on the rural situation wliere people have a large number
of dogs, wliat the procedure is and who is tho proper enforcement
officer.
ITEM #6696
On motion by Councilman Callis, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes; Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbori, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: Nono
Absent: Councilman George R. Ferrell
City Council approved the following street closure relative to a
portion of Winston-Salem Avenue in the Virginia Beach Borough.
This had been deferred from January 7, 1974:
AN ORDINANCE CLOSING, VACATI.NG
AND DISCCi'\TIiNUING A FI -M FOOT
STREET LOCATED IN VIRGINIA BFACH BOROUGH, OF
THE CIT)( OF VIRGINIA BEAC[I, VIRGINIA
WHEREAS, proper notice that Stanley S. Howard would makc
application to the City Council of the City of Virginia Beach, Vir,"'
have the hereinafter described fifty foot street closed, vacated an.-.
discmtinued was duly posted; and
WHEREAS, application was made to the City Planning Commi
and to the City Council, and, pursuant to the statutes in such casc,
and provided, the Council appointed Viewers who have reported to th
Council that no inconvenience would result to the public or to pri@
individuals from such closing, vacating and discontinuance; and
WHEREAS, it is the judgment of the Council that the said
street should be closed, vacated @d discontinued;
NOW, =UFORE, BE IT ORDAINED BY THE COUNCIL OF THE CI7@
VIRGINIA BEACH, VIRGINIA:
Section 1: That the said fifty foot street described bei
located in the Virginia Beach Borough of the City of Virginia Beach,
is hereby closed, vacated and discontinued, said street not being P(
for public use:
ALL that certain fifty foot street, being all
that portion of IVinston Salem Avenue lying between
the westerly line of @L-diterranean Avenue and the
waters of Lake Rudee, as shoivn upon the plat of
Shadowlawn Heights, of record in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia, in Nhp Book ", at Page 14. Said
prope-rty is more particularly described as follows:
All that certain lot, piece or parcel of land,
lying, situate and being in the Beach Borough
of the City of Virginia Beacli, Virginia, being
knou,n, bounded and described as follows:
That certain piece or parcel of land being
shoi1/2,n a-s a portion of ivinston Salem Avenue
on the @lap of aadowliivn fleights, which map is
duly of record in i\lap Book 7, at Page 14, in
the Office of the Clerk of the Circuit Court of
the City of Virginia Beach, Virginia, and
wre partici-ilarly describod as bounded on the
North by tlie southem botindii-y line of
Block 31, as shown on the, piit aforesaid,
on the I:ast by tlie @@estein right of way line
of Ntediterranean jkvcnlie is slio@%n on the plat
aforesaid, on the Soutli by tlie nortlierly
prol)ert), Iiiie of lots 9 @ind 1.0 in 13lock 30,
on tho map aforesaid and on tlie @@e,;t by
the nicaii IOW wltcr lille of I.A@c @ee, the
said gr;int beiiii, tliit of tlie fee in thatportion
Of Wiliston Sileiii Av niic zil-oi@es,,iid, i,;iiicii foe
wa-,; reseiie(l Luito tlie Florid@i I)Cvclopment
Corporit ioii by notcs oti t Ii(,, i@ia[) ifc)rcs@tid.
Section 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 this City and indexed in a
like manner as a deed of lands.
ITEM #6697
City Council deferred for one week a street closure relative to
an unnamed street south of Shell Road in the Bayside Borough:
AN ORDITIANC-;' CLOSiliG, VACATIIIG
AND DISCONfiNuIli@, @ C@TPIN STRE@T
OR LANE LOCAT-'D Ill BAYSIDE BOROLTGH
OF THE CITY OF VIEGI-IIIA B,,@CH, VIRGITIA
WH,MEAS, proper notice that H. G. FELTON, @EN B. FMTON, RUTH S.
ADKISSON, and ELLIS WOODBUAN would make application to the City Council of the
City of Virginia Beach, Virginia, to have the hereinafter described street or
lane closed, vacated and discontinued was duly posted; and
WIMEAS, all the o;4ners abutting said street or lane have joined in
this petition ; and
WHMFAS, application was nade to the City Planning Co@ssion and
to the City Council, and, pursuant to the statutes in such cases made and
provided, the Council appointed Viewers who have reported to the Council
that no inconvenience to the public or to private individuals would result
from such closi@, vacating and disconlinuance; and
WHffiEAS, it is the judgment of the Council that the said street or
land should be closed, vacated and discontinued;
NOW2 =@RE, be it ORDAIN @@ BY THF COUlCiL OF TIE CIIY OF
VIRGIi@ BEACH, VIRGIITIA:
Section 1: That the said street or lane described below located
in the Bayside BorouFh of the City of Virginia Beach, Vir@.inia, is hereby
closed, vacated and discontinied, said street or lane not being needed for
public use:
All that certain street or lane, situate in the Bayside
Borough of "he City of Virjiria Beach, Virginia, 24-77
feet in width and extending in a southeasterly direction
from the south side of @-hell l@oad as sliawn on a plat
entitled "Plan of Property Loca@ed at ilayside in Pi-incess
Anne County, Virginia", made by @l. B. Gallup, Surveyor,
on Augu,.t 8, 1951, recorded in tlie Clerk's off'ice of the
Circuit Court for the City oj' Vi-z,gin@.a Beach in Map
Book 32 at Pa-,e '08.
Section 2: That thirty (30) days after this date a copy of this
Ordinance, certil'4-cd by the Clerk, be -I)rc-ad upon the public records in
the Clerkla office of 'he Circuit Cc)urt ol' this City and indexed in a like
KELLAM,
PICKRELL
& LAWLER inarmer as a deed c)f lind,l ii,@ th2 n,,LW2 of City of Vir, '@ca--h as
.@ IAW
NORFOLK.VA, @rlntor and 11. G. Fcl.l.cn, licleri B. Fc-It,@,@, i@uth S. fdkisson and @"@ 1 i s
Woodburn as
On motion by Councilman Baum, seconded by Councilman Isdell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council authorized the City Manager to enter into a deed
of easement and agreement with the First Virginia Bank. This
document will allow the bank to utilize an existing easement
for the purpose of installing sewer and water lines, and
provides for a dedication by the bank of land for road widening
purposes on Holland Road.
ITEM #6699
On motion by Councilman Gardner, seconded by Councilman Callis,
and by recorded vote as follows:
Ayes; Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved a transfer of $2300 from Account 801 (Office
Equipment and Furniture) so that $1250 is transferred to Account
817 (Photographic Equipment) and $1050 is transferred to Account
808 CMedical Equipment). This request has been submitted and
approved by the State Division of Justice and Crime Prevention
since the Pendleton Project is financed totally by State and
Federal funds.
ITEM #6700
On motion by Councilman Isdell, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the Raffle permit hpplication issued for
the Kempsville High School Band Parejits Association.
ITEM #670.1
On motion by Counc,ilman Malbon, seconded by Councilman Holland, and 111%@
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Ma)APr Robert
Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardne@,,, Clareii(:,.
Holland, Garland L. Isdell, D. Murray Malbon, J. Curtis Pay Iiii
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council adopted the following Resolution requesting the Virgiii,
Departiiient of lfigliw@ivs to proceed with tlie @idvc,,rtiseniciit for con,@ti
bids, oii Great Neck Razict floin ttio ilitersectioii of Route S8 (Virg;-,@
Beacli B u v I c, ilitei-sectiol) 01- Slioi-eli@iven I)rive:
S U T I 0 N
WHEREAS, by Resolution adopted January 26, 1970, the
city has requested, authorized the construction, and agreed to
pay 15% of the cost of survey, plans, right of way and construction
for Route 615 (Great Neck Road - City CIP Project 2-104) as
Project UOOO-134-103, PE-101, RIW 201, C-501; and
WHEREAS, on November 29, 1973, a public hearing was
held in reference to the proposed Highway Development Project
UOOO-134-103, PE-101, R/w 201, C-501, (Great Neck Road) in the
city of Virginia Beach, Virginia.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the Virginia Department of Highways is hereby
requested to proceed with the advertisement for construction bids,
on Great Neck Road from the intersection of Route 58 (Virginia
Beach Boulevard) to the intersection of Shorehaven Drive as
presented at the aforementioned public hearing.
ITEM #6702
The Southeastern Virginia Planning District Commission #20 has
proposed that a study be made of the disposal of solid waste
to be financed by the concerned members of the Planning
District. For this purpose they have requested an appropriation
of $1000. from the City of Virginia BeacIL as its fee for
participation and study.
On motion by Councilman Holland, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland I.. Isdell, D. MUrTay
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved an appropriation of $1000. as requested by
tlie Southeastern Virgiia Planning District Commission #20 for
the participation and study to I)e made of tlic disposal of solid
waste.
ITEM #6703
Mr. V. Alfred Etheridge, Jr. appeared before City Council regarding
the Huntington Estates recreation area reservation.
The Cit@ Manager stated that Mr. Etheridge did apply to the City,
administratively, asking that the reservation be released. The
staff has indicated that the Planning Department and the Recreation
Department felt that the reservation is necessary and will recommend
against releasing the property.
Mr. Etheridge stated he had no plea, as such. They did wish to
find out if the City was planning to buy the property. If they
were not then they would like to go ahead and develop the property
along with the rest of Huntington Estates.
Mr. Etheridge did ask City Council to consider the position that
the provision of the CZO put the developer in for future cases,
and would also like Council to consider the types of problems
that could be raised here.
ITEM #6704
Vice Mayor Ervin stated that Mr. Bimson, City Attorney, was going
to prepare a formal resolution on the Bow Creek property so Council
will have the wording before them at the next Council meeting,
which will be held on January 21, 1974.
ITEM #6705
Vice Mayor Ervin stated that Council had received a letter from
the Secretary of the Building Code Review Board, which in the
Vice Mayor's opinion, either represents a misunderstanding of
what our recommendations for a change in the building code is,
or else the Board is unfamiliar with the area.
The Vice Mayor further stated he thought the City should respond
to the letter to find out what the Secretary of the State Board
has in mind.
ITEM #6706
Mr. V. Alfred Etheridge, Jr. reappeared before City Council requesting
a vote on his request regarding Huntington Estates recreation
area.
Councilman Isdell made a motion, seconded by Councilman Holland,
to accept the recommendations of the City Manager and the
Recreation Department. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Robert II-. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. lfolland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to accept the recommeiidations of the City
Manager and the Recreation Department to retain the recreation
reservation in Huntiiagton Estates.
ITEM #6707
On motion by Councilman Payne, seconded by Councilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W.
Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray
Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council noted its intention to hold a closed meeting on
January 21, 1974, for the purpose of discussing items permitted
for discussion under Section 2.1-344, subparagraph 1 and 6 of
the Preedom of Information Act of the Commonwealth of Virginia.
ITEM #6708
On motion by Councilman Callis, seconded by Councilman Isdell,,
and by unanimous vote, the meeting adjourned.
Ri-ch-a-r-d-'-J-'. @@o-n, Cit-y Clerk Robert B. Cromwell, Jr., Mayor
City of Virginia Beach,
Virginia
January 14, 1974